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.
   12  Be It Enacted by the Legislature of the State of Florida:
   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.—
   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   38  Review Act in accordance with s. 119.15 and shall stand repealed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.