Florida Senate - 2024                                     SB 692
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00790-24                                             2024692__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for the personal identifying and
    5         location information of current or former
    6         commissioners of the Florida Gaming Control Commission
    7         and the spouses and children of such current or former
    8         commissioners; providing for retroactive application;
    9         providing for future legislative review and repeal of
   10         the exemption; providing a statement of public
   11         necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1. For purposes of this paragraph, the term:
   21         a. “Home addresses” means the dwelling location at which an
   22  individual resides and includes the physical address, mailing
   23  address, street address, parcel identification number, plot
   24  identification number, legal property description, neighborhood
   25  name and lot number, GPS coordinates, and any other descriptive
   26  property information that may reveal the home address.
   27         b. “Judicial assistant” means a court employee assigned to
   28  the following class codes: 8140, 8150, 8310, and 8320.
   29         c. “Telephone numbers” includes home telephone numbers,
   30  personal cellular telephone numbers, personal pager telephone
   31  numbers, and telephone numbers associated with personal
   32  communications devices.
   33         2.a. The home addresses, telephone numbers, dates of birth,
   34  and photographs of active or former sworn law enforcement
   35  personnel or of active or former civilian personnel employed by
   36  a law enforcement agency, including correctional and
   37  correctional probation officers, personnel of the Department of
   38  Children and Families whose duties include the investigation of
   39  abuse, neglect, exploitation, fraud, theft, or other criminal
   40  activities, personnel of the Department of Health whose duties
   41  are to support the investigation of child abuse or neglect, and
   42  personnel of the Department of Revenue or local governments
   43  whose responsibilities include revenue collection and
   44  enforcement or child support enforcement; the names, home
   45  addresses, telephone numbers, photographs, dates of birth, and
   46  places of employment of the spouses and children of such
   47  personnel; and the names and locations of schools and day care
   48  facilities attended by the children of such personnel are exempt
   49  from s. 119.07(1) and s. 24(a), Art. I of the State
   50  Constitution.
   51         b. The home addresses, telephone numbers, dates of birth,
   52  and photographs of current or former nonsworn investigative
   53  personnel of the Department of Financial Services whose duties
   54  include the investigation of fraud, theft, workers’ compensation
   55  coverage requirements and compliance, other related criminal
   56  activities, or state regulatory requirement violations; the
   57  names, home addresses, telephone numbers, dates of birth, and
   58  places of employment of the spouses and children of such
   59  personnel; and the names and locations of schools and day care
   60  facilities attended by the children of such personnel are exempt
   61  from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution.
   63         c. The home addresses, telephone numbers, dates of birth,
   64  and photographs of current or former nonsworn investigative
   65  personnel of the Office of Financial Regulation’s Bureau of
   66  Financial Investigations whose duties include the investigation
   67  of fraud, theft, other related criminal activities, or state
   68  regulatory requirement violations; the names, home addresses,
   69  telephone numbers, dates of birth, and places of employment of
   70  the spouses and children of such personnel; and the names and
   71  locations of schools and day care facilities attended by the
   72  children of such personnel are exempt from s. 119.07(1) and s.
   73  24(a), Art. I of the State Constitution.
   74         d. The home addresses, telephone numbers, dates of birth,
   75  and photographs of current or former firefighters certified in
   76  compliance with s. 633.408; the names, home addresses, telephone
   77  numbers, photographs, dates of birth, and places of employment
   78  of the spouses and children of such firefighters; and the names
   79  and locations of schools and day care facilities attended by the
   80  children of such firefighters are exempt from s. 119.07(1) and
   81  s. 24(a), Art. I of the State Constitution.
   82         e. The home addresses, dates of birth, and telephone
   83  numbers of current or former justices of the Supreme Court,
   84  district court of appeal judges, circuit court judges, and
   85  county court judges, and of current judicial assistants; the
   86  names, home addresses, telephone numbers, dates of birth, and
   87  places of employment of the spouses and children of current or
   88  former justices and judges and of current judicial assistants;
   89  and the names and locations of schools and day care facilities
   90  attended by the children of current or former justices and
   91  judges and of current judicial assistants are exempt from s.
   92  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   93  sub-subparagraph is subject to the Open Government Sunset Review
   94  Act in accordance with s. 119.15 and shall stand repealed on
   95  October 2, 2028, unless reviewed and saved from repeal through
   96  reenactment by the Legislature.
   97         f. The home addresses, telephone numbers, dates of birth,
   98  and photographs of current or former state attorneys, assistant
   99  state attorneys, statewide prosecutors, or assistant statewide
  100  prosecutors; the names, home addresses, telephone numbers,
  101  photographs, dates of birth, and places of employment of the
  102  spouses and children of current or former state attorneys,
  103  assistant state attorneys, statewide prosecutors, or assistant
  104  statewide prosecutors; and the names and locations of schools
  105  and day care facilities attended by the children of current or
  106  former state attorneys, assistant state attorneys, statewide
  107  prosecutors, or assistant statewide prosecutors are exempt from
  108  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  109         g. The home addresses, dates of birth, and telephone
  110  numbers of general magistrates, special magistrates, judges of
  111  compensation claims, administrative law judges of the Division
  112  of Administrative Hearings, and child support enforcement
  113  hearing officers; the names, home addresses, telephone numbers,
  114  dates of birth, and places of employment of the spouses and
  115  children of general magistrates, special magistrates, judges of
  116  compensation claims, administrative law judges of the Division
  117  of Administrative Hearings, and child support enforcement
  118  hearing officers; and the names and locations of schools and day
  119  care facilities attended by the children of general magistrates,
  120  special magistrates, judges of compensation claims,
  121  administrative law judges of the Division of Administrative
  122  Hearings, and child support enforcement hearing officers are
  123  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  124  Constitution.
  125         h. The home addresses, telephone numbers, dates of birth,
  126  and photographs of current or former human resource, labor
  127  relations, or employee relations directors, assistant directors,
  128  managers, or assistant managers of any local government agency
  129  or water management district whose duties include hiring and
  130  firing employees, labor contract negotiation, administration, or
  131  other personnel-related duties; the names, home addresses,
  132  telephone numbers, dates of birth, and places of employment of
  133  the spouses and children of such personnel; and the names and
  134  locations of schools and day care facilities attended by the
  135  children of such personnel are exempt from s. 119.07(1) and s.
  136  24(a), Art. I of the State Constitution.
  137         i. The home addresses, telephone numbers, dates of birth,
  138  and photographs of current or former code enforcement officers;
  139  the names, home addresses, telephone numbers, dates of birth,
  140  and places of employment of the spouses and children of such
  141  personnel; and the names and locations of schools and day care
  142  facilities attended by the children of such personnel are exempt
  143  from s. 119.07(1) and s. 24(a), Art. I of the State
  144  Constitution.
  145         j. The home addresses, telephone numbers, places of
  146  employment, dates of birth, and photographs of current or former
  147  guardians ad litem, as defined in s. 39.820; the names, home
  148  addresses, telephone numbers, dates of birth, and places of
  149  employment of the spouses and children of such persons; and the
  150  names and locations of schools and day care facilities attended
  151  by the children of such persons are exempt from s. 119.07(1) and
  152  s. 24(a), Art. I of the State Constitution.
  153         k. The home addresses, telephone numbers, dates of birth,
  154  and photographs of current or former juvenile probation
  155  officers, juvenile probation supervisors, detention
  156  superintendents, assistant detention superintendents, juvenile
  157  justice detention officers I and II, juvenile justice detention
  158  officer supervisors, juvenile justice residential officers,
  159  juvenile justice residential officer supervisors I and II,
  160  juvenile justice counselors, juvenile justice counselor
  161  supervisors, human services counselor administrators, senior
  162  human services counselor administrators, rehabilitation
  163  therapists, and social services counselors of the Department of
  164  Juvenile Justice; the names, home addresses, telephone numbers,
  165  dates of birth, and places of employment of spouses and children
  166  of such personnel; and the names and locations of schools and
  167  day care facilities attended by the children of such personnel
  168  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  169  Constitution.
  170         l. The home addresses, telephone numbers, dates of birth,
  171  and photographs of current or former public defenders, assistant
  172  public defenders, criminal conflict and civil regional counsel,
  173  and assistant criminal conflict and civil regional counsel; the
  174  names, home addresses, telephone numbers, dates of birth, and
  175  places of employment of the spouses and children of current or
  176  former public defenders, assistant public defenders, criminal
  177  conflict and civil regional counsel, and assistant criminal
  178  conflict and civil regional counsel; and the names and locations
  179  of schools and day care facilities attended by the children of
  180  current or former public defenders, assistant public defenders,
  181  criminal conflict and civil regional counsel, and assistant
  182  criminal conflict and civil regional counsel are exempt from s.
  183  119.07(1) and s. 24(a), Art. I of the State Constitution.
  184         m. The home addresses, telephone numbers, dates of birth,
  185  and photographs of current or former investigators or inspectors
  186  of the Department of Business and Professional Regulation; the
  187  names, home addresses, telephone numbers, dates of birth, and
  188  places of employment of the spouses and children of such current
  189  or former investigators and inspectors; and the names and
  190  locations of schools and day care facilities attended by the
  191  children of such current or former investigators and inspectors
  192  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  193  Constitution.
  194         n. The home addresses, telephone numbers, and dates of
  195  birth of county tax collectors; the names, home addresses,
  196  telephone numbers, dates of birth, and places of employment of
  197  the spouses and children of such tax collectors; and the names
  198  and locations of schools and day care facilities attended by the
  199  children of such tax collectors are exempt from s. 119.07(1) and
  200  s. 24(a), Art. I of the State Constitution.
  201         o. The home addresses, telephone numbers, dates of birth,
  202  and photographs of current or former personnel of the Department
  203  of Health whose duties include, or result in, the determination
  204  or adjudication of eligibility for social security disability
  205  benefits, the investigation or prosecution of complaints filed
  206  against health care practitioners, or the inspection of health
  207  care practitioners or health care facilities licensed by the
  208  Department of Health; the names, home addresses, telephone
  209  numbers, dates of birth, and places of employment of the spouses
  210  and children of such personnel; and the names and locations of
  211  schools and day care facilities attended by the children of such
  212  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  213  the State Constitution.
  214         p. The home addresses, telephone numbers, dates of birth,
  215  and photographs of current or former impaired practitioner
  216  consultants who are retained by an agency or current or former
  217  employees of an impaired practitioner consultant whose duties
  218  result in a determination of a person’s skill and safety to
  219  practice a licensed profession; the names, home addresses,
  220  telephone numbers, dates of birth, and places of employment of
  221  the spouses and children of such consultants or their employees;
  222  and the names and locations of schools and day care facilities
  223  attended by the children of such consultants or employees are
  224  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  225  Constitution.
  226         q. The home addresses, telephone numbers, dates of birth,
  227  and photographs of current or former emergency medical
  228  technicians or paramedics certified under chapter 401; the
  229  names, home addresses, telephone numbers, dates of birth, and
  230  places of employment of the spouses and children of such
  231  emergency medical technicians or paramedics; and the names and
  232  locations of schools and day care facilities attended by the
  233  children of such emergency medical technicians or paramedics are
  234  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  235  Constitution.
  236         r. The home addresses, telephone numbers, dates of birth,
  237  and photographs of current or former personnel employed in an
  238  agency’s office of inspector general or internal audit
  239  department whose duties include auditing or investigating waste,
  240  fraud, abuse, theft, exploitation, or other activities that
  241  could lead to criminal prosecution or administrative discipline;
  242  the names, home addresses, telephone numbers, dates of birth,
  243  and places of employment of spouses and children of such
  244  personnel; and the names and locations of schools and day care
  245  facilities attended by the children of such personnel are exempt
  246  from s. 119.07(1) and s. 24(a), Art. I of the State
  247  Constitution.
  248         s. The home addresses, telephone numbers, dates of birth,
  249  and photographs of current or former directors, managers,
  250  supervisors, nurses, and clinical employees of an addiction
  251  treatment facility; the home addresses, telephone numbers,
  252  photographs, dates of birth, and places of employment of the
  253  spouses and children of such personnel; and the names and
  254  locations of schools and day care facilities attended by the
  255  children of such personnel are exempt from s. 119.07(1) and s.
  256  24(a), Art. I of the State Constitution. For purposes of this
  257  sub-subparagraph, the term “addiction treatment facility” means
  258  a county government, or agency thereof, that is licensed
  259  pursuant to s. 397.401 and provides substance abuse prevention,
  260  intervention, or clinical treatment, including any licensed
  261  service component described in s. 397.311(26).
  262         t. The home addresses, telephone numbers, dates of birth,
  263  and photographs of current or former directors, managers,
  264  supervisors, and clinical employees of a child advocacy center
  265  that meets the standards of s. 39.3035(2) and fulfills the
  266  screening requirement of s. 39.3035(3), and the members of a
  267  Child Protection Team as described in s. 39.303 whose duties
  268  include supporting the investigation of child abuse or sexual
  269  abuse, child abandonment, child neglect, and child exploitation
  270  or to provide services as part of a multidisciplinary case
  271  review team; the names, home addresses, telephone numbers,
  272  photographs, dates of birth, and places of employment of the
  273  spouses and children of such personnel and members; and the
  274  names and locations of schools and day care facilities attended
  275  by the children of such personnel and members are exempt from s.
  276  119.07(1) and s. 24(a), Art. I of the State Constitution.
  277         u. The home addresses, telephone numbers, places of
  278  employment, dates of birth, and photographs of current or former
  279  staff and domestic violence advocates, as defined in s.
  280  90.5036(1)(b), of domestic violence centers certified by the
  281  Department of Children and Families under chapter 39; the names,
  282  home addresses, telephone numbers, places of employment, dates
  283  of birth, and photographs of the spouses and children of such
  284  personnel; and the names and locations of schools and day care
  285  facilities attended by the children of such personnel are exempt
  286  from s. 119.07(1) and s. 24(a), Art. I of the State
  287  Constitution.
  288         v. The home addresses, telephone numbers, dates of birth,
  289  and photographs of current or former inspectors or investigators
  290  of the Department of Agriculture and Consumer Services; the
  291  names, home addresses, telephone numbers, dates of birth, and
  292  places of employment of the spouses and children of current or
  293  former inspectors or investigators; and the names and locations
  294  of schools and day care facilities attended by the children of
  295  current or former inspectors or investigators are exempt from s.
  296  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  297  sub-subparagraph is subject to the Open Government Sunset Review
  298  Act in accordance with s. 119.15 and shall stand repealed on
  299  October 2, 2028, unless reviewed and saved from repeal through
  300  reenactment by the Legislature.
  301         w. The home addresses, telephone numbers, dates of birth,
  302  and photographs of current or former commissioners of the
  303  Florida Gaming Control Commission; the names, home addresses,
  304  telephone numbers, dates of birth, photographs, and places of
  305  employment of the spouses and children of such current or former
  306  commissioners; and the names and locations of schools and day
  307  care facilities attended by the children of such current or
  308  former commissioners are exempt from s. 119.07(1) and s. 24(a),
  309  Art. I of the State Constitution. This sub-subparagraph is
  310  subject to the Open Government Sunset Review Act in accordance
  311  with s. 119.15 and shall stand repealed on October 2, 2029,
  312  unless reviewed and saved from repeal through reenactment by the
  313  Legislature.
  314         3. An agency that is the custodian of the information
  315  specified in subparagraph 2. and that is not the employer of the
  316  officer, employee, justice, judge, or other person specified in
  317  subparagraph 2. must maintain the exempt status of that
  318  information only if the officer, employee, justice, judge, other
  319  person, or employing agency of the designated employee submits a
  320  written and notarized request for maintenance of the exemption
  321  to the custodial agency. The request must state under oath the
  322  statutory basis for the individual’s exemption request and
  323  confirm the individual’s status as a party eligible for exempt
  324  status.
  325         4.a. A county property appraiser, as defined in s.
  326  192.001(3), or a county tax collector, as defined in s.
  327  192.001(4), who receives a written and notarized request for
  328  maintenance of the exemption pursuant to subparagraph 3. must
  329  comply by removing the name of the individual with exempt status
  330  and the instrument number or Official Records book and page
  331  number identifying the property with the exempt status from all
  332  publicly available records maintained by the property appraiser
  333  or tax collector. For written requests received on or before
  334  July 1, 2021, a county property appraiser or county tax
  335  collector must comply with this sub-subparagraph by October 1,
  336  2021. A county property appraiser or county tax collector may
  337  not remove the street address, legal description, or other
  338  information identifying real property within the agency’s
  339  records so long as a name or personal information otherwise
  340  exempt from inspection and copying pursuant to this section is
  341  not associated with the property or otherwise displayed in the
  342  public records of the agency.
  343         b. Any information restricted from public display,
  344  inspection, or copying under sub-subparagraph a. must be
  345  provided to the individual whose information was removed.
  346         5. An officer, an employee, a justice, a judge, or other
  347  person specified in subparagraph 2. may submit a written request
  348  for the release of his or her exempt information to the
  349  custodial agency. The written request must be notarized and must
  350  specify the information to be released and the party authorized
  351  to receive the information. Upon receipt of the written request,
  352  the custodial agency must release the specified information to
  353  the party authorized to receive such information.
  354         6. The exemptions in this paragraph apply to information
  355  held by an agency before, on, or after the effective date of the
  356  exemption.
  357         7. Information made exempt under this paragraph may be
  358  disclosed pursuant to s. 28.2221 to a title insurer authorized
  359  pursuant to s. 624.401 and its affiliates as defined in s.
  360  624.10; a title insurance agent or title insurance agency as
  361  defined in s. 626.841(1) or (2), respectively; or an attorney
  362  duly admitted to practice law in this state and in good standing
  363  with The Florida Bar.
  364         8. The exempt status of a home address contained in the
  365  Official Records is maintained only during the period when a
  366  protected party resides at the dwelling location. Upon
  367  conveyance of real property after October 1, 2021, and when such
  368  real property no longer constitutes a protected party’s home
  369  address as defined in sub-subparagraph 1.a., the protected party
  370  must submit a written request to release the removed information
  371  to the county recorder. The written request to release the
  372  removed information must be notarized, must confirm that a
  373  protected party’s request for release is pursuant to a
  374  conveyance of his or her dwelling location, and must specify the
  375  Official Records book and page, instrument number, or clerk’s
  376  file number for each document containing the information to be
  377  released.
  378         9. Upon the death of a protected party as verified by a
  379  certified copy of a death certificate or court order, any party
  380  can request the county recorder to release a protected
  381  decedent’s removed information unless there is a related request
  382  on file with the county recorder for continued removal of the
  383  decedent’s information or unless such removal is otherwise
  384  prohibited by statute or by court order. The written request to
  385  release the removed information upon the death of a protected
  386  party must attach the certified copy of a death certificate or
  387  court order and must be notarized, must confirm the request for
  388  release is due to the death of a protected party, and must
  389  specify the Official Records book and page number, instrument
  390  number, or clerk’s file number for each document containing the
  391  information to be released. A fee may not be charged for the
  392  release of any document pursuant to such request.
  393         10. Except as otherwise expressly provided in this
  394  paragraph, this paragraph is subject to the Open Government
  395  Sunset Review Act in accordance with s. 119.15 and shall stand
  396  repealed on October 2, 2024, unless reviewed and saved from
  397  repeal through reenactment by the Legislature.
  398         Section 2. The Legislature finds that it is a public
  399  necessity that the home addresses, telephone numbers, dates of
  400  birth, and photographs of current or former commissioners of the
  401  Florida Gaming Commission; the names, home addresses, telephone
  402  numbers, dates of birth, photographs, and places of employment
  403  of the spouses and children of such current or former
  404  commissioners; and the names and locations of schools and day
  405  care facilities attended by the children of such current or
  406  former commissioners be made exempt from s. 119.07(1), Florida
  407  Statutes, and s. 24(a), Article I of the State Constitution. The
  408  Legislature finds that the release of such personal identifying
  409  and location information might place the commission’s current or
  410  former commissioners and their family members in danger of
  411  physical and emotional harm from disgruntled individuals whose
  412  businesses or professional practices have come under the
  413  scrutiny of the commission. In addition, such personnel may be
  414  subject to threats or acts of revenge because of the duties they
  415  perform. The Legislature further finds that the harm that may
  416  result from the release of such personal identifying and
  417  location information outweighs the public benefit that may be
  418  derived from the disclosure of the information.
  419         Section 3. This act shall take effect July 1, 2024.