Florida Senate - 2021 CS for SB 1488 By the Committee on Governmental Oversight and Accountability; and Senator Stargel 585-03619-21 20211488c1 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 certain identifying and 5 location information of current members of the 6 Legislature and the spouses and children of such 7 legislators; providing for future legislative review 8 and repeal of the exemption under the Open Government 9 Sunset Review Act; providing a statement of public 10 necessity; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (l) is added to subsection (5) of 15 section 119.071, Florida Statutes, to read: 16 119.071 General exemptions from inspection or copying of 17 public records.— 18 (5) OTHER PERSONAL INFORMATION.— 19 (l)1. For purposes of this paragraph, “identification and 20 location information” means: 21 a. The home address and telephone number of a current 22 member of the Senate or House of Representatives; 23 b. The name, home address, telephone number, and place of 24 employment of the spouse or child of a current legislator; 25 c. The name and location of a school or day care facility 26 attended by the child of a current legislator. 27 2. Identification and location information held by an 28 agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 29 State Constitution if such legislator submits to an agency that 30 has custody of the identification and location information: 31 a. A written request to exempt such information from public 32 disclosure; and 33 b. A written statement that he or she has made a reasonable 34 effort to protect the identification and location information 35 from being accessible through other means available to the 36 public. 37 3. This paragraph is subject to the Open Government Sunset 38 Review Act in accordance with s. 119.15 and shall stand repealed 39 on October 2, 2026, unless reviewed and saved from repeal 40 through reenactment by the Legislature. 41 Section 2. The Legislature finds that it is a public 42 necessity that the home addresses and telephone numbers of 43 current members of the Senate and the House of Representatives; 44 the names, home addresses, telephone numbers, and places of 45 employment of the spouses and children of such legislators; and 46 the names and location of schools and day care facilities 47 attended by the children of such legislators be made exempt from 48 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the 49 State Constitution. Members of the Legislature often have to 50 make difficult and impactful policy decisions. As a result, 51 legislators and their family members may receive threats, 52 including, but not limited to, verbal threats, harassment, and 53 intimidation, as a result of carrying out their official duties. 54 Vulnerability to such threats may discourage residents of this 55 state from seeking elected office in order to protect themselves 56 and their families. The Legislature further finds that the harm 57 that may result from the release of such personal identifying 58 and location information outweighs any public benefit that may 59 be derived from the disclosure of the information. 60 Section 3. This act shall take effect July 1, 2021.