Florida Senate - 2026                                     SB 268
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00249-26                                            2026268__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining the term “emergency
    4         physician”; providing exemptions from public records
    5         requirements for the personal identifying and location
    6         information of current or former emergency physicians
    7         and the spouses and children of such emergency
    8         physicians; providing for retroactive application of
    9         the exemption; providing for future legislative review
   10         and repeal of the exemption; providing a statement of
   11         public necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (l) is added to subsection (5) of
   16  section 119.071, Florida Statutes, to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (5) OTHER PERSONAL INFORMATION.—
   20         (l)1. For purposes of this paragraph, the term “emergency
   21  physician” means a physician licensed under chapter 458 or
   22  chapter 459 whose duties are performed in a hospital emergency
   23  department licensed under chapter 395.
   24         2. The home addresses, telephone numbers, dates of birth,
   25  places of employment, and photographs of current or former
   26  emergency physicians; the names, home addresses, telephone
   27  numbers, dates of birth, and places of employment of the spouses
   28  and children of such emergency physicians; and the names and
   29  locations of schools and day care facilities attended by the
   30  children of such emergency physicians are exempt from s.
   31  119.07(1) and s. 24(a), Art. I of the State Constitution.
   32         3. The exemption in subparagraph 2. applies to information
   33  held by an agency before, on, or after the effective date of the
   34  exemption.
   35         4. This paragraph is subject to the Open Government Sunset
   36  Review Act in accordance with s. 119.15 and shall stand repealed
   37  on October 2, 2031, unless reviewed and saved from repeal
   38  through reenactment by the Legislature.
   39         Section 2. The Legislature finds that it is a public
   40  necessity that the home addresses, telephone numbers, dates of
   41  birth, places of employment, and photographs of current or
   42  former emergency physicians; the names, home addresses,
   43  telephone numbers, and places of employment of the spouses and
   44  children of such emergency physicians; and the names and
   45  locations of schools and day care facilities attended by the
   46  children of such emergency physicians be made exempt from public
   47  records requirements. Emergency physicians, by the nature of
   48  their duties, are often placed in traumatic circumstances in
   49  which loss of life and severe bodily injuries have occurred.
   50  Such emergency physicians are particularly vulnerable to
   51  physical violence, harassment, and intimidation perpetrated by
   52  patients or relatives of patients who can be violent, angry, or
   53  mentally unstable. As a result, the Legislature finds that the
   54  release of identifying and location information of emergency
   55  physicians, or of the spouses and children of such emergency
   56  physicians, could place them in danger of being physically or
   57  emotionally harmed or stalked by a person who has a hostile
   58  reaction to his or her encounter with such physicians. The
   59  Legislature further finds that the harm that may result from the
   60  release of such identifying and location information outweighs
   61  any public benefit that may be derived from the disclosure of
   62  the information.
   63         Section 3. This act shall take effect July 1, 2026.