Florida Senate - 2026                                     SB 520
       
       
        
       By Senator Simon
       
       
       
       
       
       3-00960-26                                             2026520__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         121.031, F.S.; providing an exemption from public
    4         records requirements for all records identifying
    5         participants in any state retirement plan administered
    6         by the Division of Retirement of the Department of
    7         Management Services and held by the division or the
    8         State Board of Administration; providing exceptions;
    9         providing for future legislative review and repeal of
   10         the exemption; deleting provisions providing a limited
   11         exemption from public records requirements for certain
   12         retirement records; providing a statement of public
   13         necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (5) of section 121.031, Florida
   18  Statutes, is amended to read:
   19         121.031 Administration of system; appropriation; oaths;
   20  actuarial studies; public records.—
   21         (5) All records identifying participants in any state
   22  retirement plan administered by the division and held by the
   23  division or the state board are exempt from s. 119.07(1) and s.
   24  24(a), Art. I of the State Constitution. Such information may be
   25  disclosed to another governmental entity in furtherance of the
   26  official duties and responsibilities of the division or state
   27  board without waiver of the exemption. This subsection is
   28  subject to the Open Government Sunset Review Act in accordance
   29  with s. 119.15 and shall stand repealed on October 2, 2031,
   30  unless reviewed and saved from repeal through reenactment by the
   31  Legislature The names and addresses of retirees are confidential
   32  and exempt from the provisions of s. 119.07(1) to the extent
   33  that no state or local governmental agency may provide the names
   34  or addresses of such persons in aggregate, compiled, or list
   35  form to any person except to a public agency engaged in official
   36  business. However, a state or local government agency may
   37  provide the names and addresses of retirees from that agency to
   38  a bargaining agent as defined in s. 447.203(12) or to a retiree
   39  organization for official business use. Lists of names or
   40  addresses of retirees may be exchanged by public agencies, but
   41  such lists shall not be provided to, or open for inspection by,
   42  the public. Any person may view or copy any individual’s
   43  retirement records at the Department of Management Services, one
   44  record at a time, or may obtain information by a separate
   45  written request for a named individual for which information is
   46  desired.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that all records identifying members, payees, or
   49  beneficiaries of state retirement plans administered by the
   50  Division of Retirement and held by the division or the State
   51  Board of Administration be made exempt from s. 119.07(1),
   52  Florida Statutes, and s. 24(a), Article I of the State
   53  Constitution. The release of sensitive information included in
   54  such records could allow predatory individuals and organizations
   55  to take advantage of retirement plan members, payees, and
   56  beneficiaries. Exempting this information from public records
   57  requirements allows the members, payees, and beneficiaries to
   58  invest their funds without the fear of their sensitive
   59  information being disclosed without their consent. Additionally,
   60  investment plan members, who also participate in the Florida
   61  Retirement System, currently have their personal identifying
   62  information protected, and this exemption would provide uniform
   63  protection of records to all Florida Retirement System members,
   64  payees, and beneficiaries regardless of the retirement plan they
   65  select. For these reasons, the Legislature finds that it is a
   66  public necessity to exempt such information from public records
   67  requirements.
   68         Section 3. This act shall take effect upon becoming a law.