Florida Senate - 2022                                     SB 818
       
       
        
       By Senator Ausley
       
       
       
       
       
       3-00677-22                                             2022818__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; exempting the personal identifying and
    4         location information of the chair, commissioners, and
    5         hearing officers of the Public Employees Relations
    6         Commission and the personal identifying and location
    7         information of spouses and children of such personnel
    8         from public records requirements; providing for future
    9         legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing
   11         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. “Telephone numbers” includes home telephone numbers,
   28  personal cellular telephone numbers, personal pager telephone
   29  numbers, and telephone numbers associated with personal
   30  communications devices.
   31         2.a. The home addresses, telephone numbers, dates of birth,
   32  and photographs of active or former sworn law enforcement
   33  personnel or of active or former civilian personnel employed by
   34  a law enforcement agency, including correctional and
   35  correctional probation officers, personnel of the Department of
   36  Children and Families whose duties include the investigation of
   37  abuse, neglect, exploitation, fraud, theft, or other criminal
   38  activities, personnel of the Department of Health whose duties
   39  are to support the investigation of child abuse or neglect, and
   40  personnel of the Department of Revenue or local governments
   41  whose responsibilities include revenue collection and
   42  enforcement or child support enforcement; the names, home
   43  addresses, telephone numbers, photographs, dates of birth, and
   44  places of employment of the spouses and children of such
   45  personnel; and the names and locations of schools and day care
   46  facilities attended by the children of such personnel are exempt
   47  from s. 119.07(1) and s. 24(a), Art. I of the State
   48  Constitution.
   49         b. The home addresses, telephone numbers, dates of birth,
   50  and photographs of current or former nonsworn investigative
   51  personnel of the Department of Financial Services whose duties
   52  include the investigation of fraud, theft, workers’ compensation
   53  coverage requirements and compliance, other related criminal
   54  activities, or state regulatory requirement violations; the
   55  names, home addresses, telephone numbers, dates of birth, and
   56  places of employment of the spouses and children of such
   57  personnel; and the names and locations of schools and day care
   58  facilities attended by the children of such personnel are exempt
   59  from s. 119.07(1) and s. 24(a), Art. I of the State
   60  Constitution.
   61         c. The home addresses, telephone numbers, dates of birth,
   62  and photographs of current or former nonsworn investigative
   63  personnel of the Office of Financial Regulation’s Bureau of
   64  Financial Investigations whose duties include the investigation
   65  of fraud, theft, other related criminal activities, or state
   66  regulatory requirement violations; the names, home addresses,
   67  telephone numbers, dates of birth, and places of employment of
   68  the spouses and children of such personnel; and the names and
   69  locations of schools and day care facilities attended by the
   70  children of such personnel are exempt from s. 119.07(1) and s.
   71  24(a), Art. I of the State Constitution.
   72         d. The home addresses, telephone numbers, dates of birth,
   73  and photographs of current or former firefighters certified in
   74  compliance with s. 633.408; the names, home addresses, telephone
   75  numbers, photographs, dates of birth, and places of employment
   76  of the spouses and children of such firefighters; and the names
   77  and locations of schools and day care facilities attended by the
   78  children of such firefighters are exempt from s. 119.07(1) and
   79  s. 24(a), Art. I of the State Constitution.
   80         e. The home addresses, dates of birth, and telephone
   81  numbers of current or former justices of the Supreme Court,
   82  district court of appeal judges, circuit court judges, and
   83  county court judges; the names, home addresses, telephone
   84  numbers, dates of birth, and places of employment of the spouses
   85  and children of current or former justices and judges; and the
   86  names and locations of schools and day care facilities attended
   87  by the children of current or former justices and judges are
   88  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   89  Constitution.
   90         f. The home addresses, telephone numbers, dates of birth,
   91  and photographs of current or former state attorneys, assistant
   92  state attorneys, statewide prosecutors, or assistant statewide
   93  prosecutors; the names, home addresses, telephone numbers,
   94  photographs, dates of birth, and places of employment of the
   95  spouses and children of current or former state attorneys,
   96  assistant state attorneys, statewide prosecutors, or assistant
   97  statewide prosecutors; and the names and locations of schools
   98  and day care facilities attended by the children of current or
   99  former state attorneys, assistant state attorneys, statewide
  100  prosecutors, or assistant statewide prosecutors are exempt from
  101  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  102         g. The home addresses, dates of birth, and telephone
  103  numbers of general magistrates, special magistrates, judges of
  104  compensation claims, administrative law judges of the Division
  105  of Administrative Hearings, and child support enforcement
  106  hearing officers, and the chair, commissioners, and hearing
  107  officers of the Public Employees Relations Commission; the
  108  names, home addresses, telephone numbers, dates of birth, and
  109  places of employment of the spouses and children of general
  110  magistrates, special magistrates, judges of compensation claims,
  111  administrative law judges of the Division of Administrative
  112  Hearings, and child support enforcement hearing officers, and
  113  the chair, commissioners, and hearing officers of the Public
  114  Employees Relations Commission; and the names and locations of
  115  schools and day care facilities attended by the children of
  116  general magistrates, special magistrates, judges of compensation
  117  claims, administrative law judges of the Division of
  118  Administrative Hearings, and child support enforcement hearing
  119  officers, and the chair, commissioners, and hearing officers of
  120  the Public Employees Relations Commission are exempt from s.
  121  119.07(1) and s. 24(a), Art. I of the State Constitution.
  122         h. The home addresses, telephone numbers, dates of birth,
  123  and photographs of current or former human resource, labor
  124  relations, or employee relations directors, assistant directors,
  125  managers, or assistant managers of any local government agency
  126  or water management district whose duties include hiring and
  127  firing employees, labor contract negotiation, administration, or
  128  other personnel-related duties; the names, home addresses,
  129  telephone numbers, dates of birth, and places of employment of
  130  the spouses and children of such personnel; and the names and
  131  locations of schools and day care facilities attended by the
  132  children of such personnel are exempt from s. 119.07(1) and s.
  133  24(a), Art. I of the State Constitution.
  134         i. The home addresses, telephone numbers, dates of birth,
  135  and photographs of current or former code enforcement officers;
  136  the names, home addresses, telephone numbers, dates of birth,
  137  and places of employment of the spouses and children of such
  138  personnel; and the names and locations of schools and day care
  139  facilities attended by the children of such personnel are exempt
  140  from s. 119.07(1) and s. 24(a), Art. I of the State
  141  Constitution.
  142         j. The home addresses, telephone numbers, places of
  143  employment, dates of birth, and photographs of current or former
  144  guardians ad litem, as defined in s. 39.820; the names, home
  145  addresses, telephone numbers, dates of birth, and places of
  146  employment of the spouses and children of such persons; and the
  147  names and locations of schools and day care facilities attended
  148  by the children of such persons are exempt from s. 119.07(1) and
  149  s. 24(a), Art. I of the State Constitution.
  150         k. The home addresses, telephone numbers, dates of birth,
  151  and photographs of current or former juvenile probation
  152  officers, juvenile probation supervisors, detention
  153  superintendents, assistant detention superintendents, juvenile
  154  justice detention officers I and II, juvenile justice detention
  155  officer supervisors, juvenile justice residential officers,
  156  juvenile justice residential officer supervisors I and II,
  157  juvenile justice counselors, juvenile justice counselor
  158  supervisors, human services counselor administrators, senior
  159  human services counselor administrators, rehabilitation
  160  therapists, and social services counselors of the Department of
  161  Juvenile Justice; the names, home addresses, telephone numbers,
  162  dates of birth, and places of employment of spouses and children
  163  of such personnel; and the names and locations of schools and
  164  day care facilities attended by the children of such personnel
  165  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  166  Constitution.
  167         l. The home addresses, telephone numbers, dates of birth,
  168  and photographs of current or former public defenders, assistant
  169  public defenders, criminal conflict and civil regional counsel,
  170  and assistant criminal conflict and civil regional counsel; the
  171  names, home addresses, telephone numbers, dates of birth, and
  172  places of employment of the spouses and children of current or
  173  former public defenders, assistant public defenders, criminal
  174  conflict and civil regional counsel, and assistant criminal
  175  conflict and civil regional counsel; and the names and locations
  176  of schools and day care facilities attended by the children of
  177  current or former public defenders, assistant public defenders,
  178  criminal conflict and civil regional counsel, and assistant
  179  criminal conflict and civil regional counsel are exempt from s.
  180  119.07(1) and s. 24(a), Art. I of the State Constitution.
  181         m. The home addresses, telephone numbers, dates of birth,
  182  and photographs of current or former investigators or inspectors
  183  of the Department of Business and Professional Regulation; the
  184  names, home addresses, telephone numbers, dates of birth, and
  185  places of employment of the spouses and children of such current
  186  or former investigators and inspectors; and the names and
  187  locations of schools and day care facilities attended by the
  188  children of such current or former investigators and inspectors
  189  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  190  Constitution.
  191         n. The home addresses, telephone numbers, and dates of
  192  birth of county tax collectors; the names, home addresses,
  193  telephone numbers, dates of birth, and places of employment of
  194  the spouses and children of such tax collectors; and the names
  195  and locations of schools and day care facilities attended by the
  196  children of such tax collectors are exempt from s. 119.07(1) and
  197  s. 24(a), Art. I of the State Constitution.
  198         o. The home addresses, telephone numbers, dates of birth,
  199  and photographs of current or former personnel of the Department
  200  of Health whose duties include, or result in, the determination
  201  or adjudication of eligibility for social security disability
  202  benefits, the investigation or prosecution of complaints filed
  203  against health care practitioners, or the inspection of health
  204  care practitioners or health care facilities licensed by the
  205  Department of Health; the names, home addresses, telephone
  206  numbers, dates of birth, and places of employment of the spouses
  207  and children of such personnel; and the names and locations of
  208  schools and day care facilities attended by the children of such
  209  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  210  the State Constitution.
  211         p. The home addresses, telephone numbers, dates of birth,
  212  and photographs of current or former impaired practitioner
  213  consultants who are retained by an agency or current or former
  214  employees of an impaired practitioner consultant whose duties
  215  result in a determination of a person’s skill and safety to
  216  practice a licensed profession; the names, home addresses,
  217  telephone numbers, dates of birth, and places of employment of
  218  the spouses and children of such consultants or their employees;
  219  and the names and locations of schools and day care facilities
  220  attended by the children of such consultants or employees are
  221  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  222  Constitution.
  223         q. The home addresses, telephone numbers, dates of birth,
  224  and photographs of current or former emergency medical
  225  technicians or paramedics certified under chapter 401; the
  226  names, home addresses, telephone numbers, dates of birth, and
  227  places of employment of the spouses and children of such
  228  emergency medical technicians or paramedics; and the names and
  229  locations of schools and day care facilities attended by the
  230  children of such emergency medical technicians or paramedics are
  231  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  232  Constitution.
  233         r. The home addresses, telephone numbers, dates of birth,
  234  and photographs of current or former personnel employed in an
  235  agency’s office of inspector general or internal audit
  236  department whose duties include auditing or investigating waste,
  237  fraud, abuse, theft, exploitation, or other activities that
  238  could lead to criminal prosecution or administrative discipline;
  239  the names, home addresses, telephone numbers, dates of birth,
  240  and places of employment of spouses and children of such
  241  personnel; and the names and locations of schools and day care
  242  facilities attended by the children of such personnel are exempt
  243  from s. 119.07(1) and s. 24(a), Art. I of the State
  244  Constitution.
  245         s. The home addresses, telephone numbers, dates of birth,
  246  and photographs of current or former directors, managers,
  247  supervisors, nurses, and clinical employees of an addiction
  248  treatment facility; the home addresses, telephone numbers,
  249  photographs, dates of birth, and places of employment of the
  250  spouses and children of such personnel; and the names and
  251  locations of schools and day care facilities attended by the
  252  children of such personnel are exempt from s. 119.07(1) and s.
  253  24(a), Art. I of the State Constitution. For purposes of this
  254  sub-subparagraph, the term “addiction treatment facility” means
  255  a county government, or agency thereof, that is licensed
  256  pursuant to s. 397.401 and provides substance abuse prevention,
  257  intervention, or clinical treatment, including any licensed
  258  service component described in s. 397.311(26).
  259         t. The home addresses, telephone numbers, dates of birth,
  260  and photographs of current or former directors, managers,
  261  supervisors, and clinical employees of a child advocacy center
  262  that meets the standards of s. 39.3035(2) and fulfills the
  263  screening requirement of s. 39.3035(3), and the members of a
  264  Child Protection Team as described in s. 39.303 whose duties
  265  include supporting the investigation of child abuse or sexual
  266  abuse, child abandonment, child neglect, and child exploitation
  267  or to provide services as part of a multidisciplinary case
  268  review team; the names, home addresses, telephone numbers,
  269  photographs, dates of birth, and places of employment of the
  270  spouses and children of such personnel and members; and the
  271  names and locations of schools and day care facilities attended
  272  by the children of such personnel and members are exempt from s.
  273  119.07(1) and s. 24(a), Art. I of the State Constitution.
  274         u. The home addresses, telephone numbers, places of
  275  employment, dates of birth, and photographs of current or former
  276  staff and domestic violence advocates, as defined in s.
  277  90.5036(1)(b), of domestic violence centers certified by the
  278  Department of Children and Families under chapter 39; the names,
  279  home addresses, telephone numbers, places of employment, dates
  280  of birth, and photographs of the spouses and children of such
  281  personnel; and the names and locations of schools and day care
  282  facilities attended by the children of such personnel are exempt
  283  from s. 119.07(1) and s. 24(a), Art. I of the State
  284  Constitution.
  285         3. An agency that is the custodian of the information
  286  specified in subparagraph 2. and that is not the employer of the
  287  officer, employee, justice, judge, or other person specified in
  288  subparagraph 2. must maintain the exempt status of that
  289  information only if the officer, employee, justice, judge, other
  290  person, or employing agency of the designated employee submits a
  291  written and notarized request for maintenance of the exemption
  292  to the custodial agency. The request must state under oath the
  293  statutory basis for the individual’s exemption request and
  294  confirm the individual’s status as a party eligible for exempt
  295  status.
  296         4.a. A county property appraiser, as defined in s.
  297  192.001(3), or a county tax collector, as defined in s.
  298  192.001(4), who receives a written and notarized request for
  299  maintenance of the exemption pursuant to subparagraph 3. must
  300  comply by removing the name of the individual with exempt status
  301  and the instrument number or Official Records book and page
  302  number identifying the property with the exempt status from all
  303  publicly available records maintained by the property appraiser
  304  or tax collector. For written requests received on or before
  305  July 1, 2021, a county property appraiser or county tax
  306  collector must comply with this sub-subparagraph by October 1,
  307  2021. A county property appraiser or county tax collector may
  308  not remove the street address, legal description, or other
  309  information identifying real property within the agency’s
  310  records so long as a name or personal information otherwise
  311  exempt from inspection and copying pursuant to this section are
  312  not associated with the property or otherwise displayed in the
  313  public records of the agency.
  314         b. Any information restricted from public display,
  315  inspection, or copying under sub-subparagraph a. must be
  316  provided to the individual whose information was removed.
  317         5. An officer, an employee, a justice, a judge, or other
  318  person specified in subparagraph 2. may submit a written request
  319  for the release of his or her exempt information to the
  320  custodial agency. The written request must be notarized and must
  321  specify the information to be released and the party authorized
  322  to receive the information. Upon receipt of the written request,
  323  the custodial agency must release the specified information to
  324  the party authorized to receive such information.
  325         6. The exemptions in this paragraph apply to information
  326  held by an agency before, on, or after the effective date of the
  327  exemption.
  328         7. Information made exempt under this paragraph may be
  329  disclosed pursuant to s. 28.2221 to a title insurer authorized
  330  pursuant to s. 624.401 and its affiliates as defined in s.
  331  624.10; a title insurance agent or title insurance agency as
  332  defined in s. 626.841(1) or (2), respectively; or an attorney
  333  duly admitted to practice law in this state and in good standing
  334  with The Florida Bar.
  335         8. The exempt status of a home address contained in the
  336  Official Records is maintained only during the period when a
  337  protected party resides at the dwelling location. Upon
  338  conveyance of real property after October 1, 2021, and when such
  339  real property no longer constitutes a protected party’s home
  340  address as defined in sub-subparagraph 1.a., the protected party
  341  must submit a written request to release the removed information
  342  to the county recorder. The written request to release the
  343  removed information must be notarized, must confirm that a
  344  protected party’s request for release is pursuant to a
  345  conveyance of his or her dwelling location, and must specify the
  346  Official Records book and page, instrument number, or clerk’s
  347  file number for each document containing the information to be
  348  released.
  349         9. Upon the death of a protected party as verified by a
  350  certified copy of a death certificate or court order, any party
  351  can request the county recorder to release a protected
  352  decedent’s removed information unless there is a related request
  353  on file with the county recorder for continued removal of the
  354  decedent’s information or unless such removal is otherwise
  355  prohibited by statute or by court order. The written request to
  356  release the removed information upon the death of a protected
  357  party must attach the certified copy of a death certificate or
  358  court order and must be notarized, must confirm the request for
  359  release is due to the death of a protected party, and must
  360  specify the Official Records book and page number, instrument
  361  number, or clerk’s file number for each document containing the
  362  information to be released. A fee may not be charged for the
  363  release of any document pursuant to such request.
  364         10. This paragraph is subject to the Open Government Sunset
  365  Review Act in accordance with s. 119.15 and shall stand repealed
  366  on October 2, 2024, unless reviewed and saved from repeal
  367  through reenactment by the Legislature.
  368         Section 2. The Legislature finds that it is a public
  369  necessity that the home addresses, dates of birth, and telephone
  370  numbers of the chair, commissioners, and hearing officers of the
  371  Public Employees Relations Commission; the names, home
  372  addresses, telephone numbers, dates of birth, and places of
  373  employment of the spouses and children of such personnel; and
  374  the names and locations of schools and day care facilities
  375  attended by the children of such personnel be exempt from s.
  376  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  377  State Constitution. Such personnel and their families are at a
  378  heightened risk of physical and emotional harm from disgruntled
  379  individuals who have contentious reactions to actions taken by
  380  the commission. In addition, such personnel may be subject to
  381  threats or acts of revenge because of the duties they perform.
  382  The spouses and children of such personnel are also endangered
  383  by people who may seek to intimidate or harm such personnel. The
  384  Legislature finds that the harm that may result from the release
  385  of such personal identifying and location information outweighs
  386  any public benefit that may be derived from disclosure of the
  387  information.
  388         Section 3. This act shall take effect July 1, 2022.