Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 216
       
       
       
       
       
       
                                Ì591460ÈÎ591460                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (4) of section
    6  119.071, Florida Statutes, is amended to read
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (4) AGENCY PERSONNEL INFORMATION.—
   10         (d)1. For purposes of this paragraph, the term:
   11         a. “Home addresses” means the dwelling location at which an
   12  individual resides and includes the physical address, mailing
   13  address, street address, parcel identification number, plot
   14  identification number, legal property description, neighborhood
   15  name and lot number, GPS coordinates, and any other descriptive
   16  property information that may reveal the home address.
   17         b. “Telephone numbers” includes home telephone numbers,
   18  personal cellular telephone numbers, personal pager telephone
   19  numbers, and telephone numbers associated with personal
   20  communications devices.
   21         2.a. The home addresses, telephone numbers, dates of birth,
   22  and photographs of active or former sworn law enforcement
   23  personnel or of active or former civilian personnel employed by
   24  a law enforcement agency, including correctional and
   25  correctional probation officers, personnel of the Department of
   26  Children and Families whose duties include the investigation of
   27  abuse, neglect, exploitation, fraud, theft, or other criminal
   28  activities, personnel of the Department of Health whose duties
   29  are to support the investigation of child abuse or neglect, and
   30  personnel of the Department of Revenue or local governments
   31  whose responsibilities include revenue collection and
   32  enforcement or child support enforcement; the names, home
   33  addresses, telephone numbers, photographs, dates of birth, and
   34  places of employment of the spouses and children of such
   35  personnel; and the names and locations of schools and day care
   36  facilities attended by the children of such personnel are exempt
   37  from s. 119.07(1) and s. 24(a), Art. I of the State
   38  Constitution.
   39         b. The home addresses, telephone numbers, dates of birth,
   40  and photographs of current or former nonsworn investigative
   41  personnel of the Department of Financial Services whose duties
   42  include the investigation of fraud, theft, workers’ compensation
   43  coverage requirements and compliance, other related criminal
   44  activities, or state regulatory requirement violations; the
   45  names, home addresses, telephone numbers, 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         c. The home addresses, telephone numbers, dates of birth,
   52  and photographs of current or former nonsworn investigative
   53  personnel of the Office of Financial Regulation’s Bureau of
   54  Financial Investigations whose duties include the investigation
   55  of fraud, theft, other related criminal activities, or state
   56  regulatory requirement violations; the names, home addresses,
   57  telephone numbers, dates of birth, and places of employment of
   58  the spouses and children of such personnel; and the names and
   59  locations of schools and day care facilities attended by the
   60  children of such personnel are exempt from s. 119.07(1) and s.
   61  24(a), Art. I of the State Constitution.
   62         d. The home addresses, telephone numbers, dates of birth,
   63  and photographs of current or former firefighters certified in
   64  compliance with s. 633.408; the names, home addresses, telephone
   65  numbers, photographs, dates of birth, and places of employment
   66  of the spouses and children of such firefighters; and the names
   67  and locations of schools and day care facilities attended by the
   68  children of such firefighters are exempt from s. 119.07(1) and
   69  s. 24(a), Art. I of the State Constitution.
   70         e. The home addresses, dates of birth, and telephone
   71  numbers of current or former justices of the Supreme Court,
   72  district court of appeal judges, circuit court judges, and
   73  county court judges; the names, home addresses, telephone
   74  numbers, dates of birth, and places of employment of the spouses
   75  and children of current or former justices and judges; and the
   76  names and locations of schools and day care facilities attended
   77  by the children of current or former justices and judges are
   78  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   79  Constitution.
   80         f. The home addresses, telephone numbers, dates of birth,
   81  and photographs of current or former state attorneys, assistant
   82  state attorneys, statewide prosecutors, or assistant statewide
   83  prosecutors; the names, home addresses, telephone numbers,
   84  photographs, dates of birth, and places of employment of the
   85  spouses and children of current or former state attorneys,
   86  assistant state attorneys, statewide prosecutors, or assistant
   87  statewide prosecutors; and the names and locations of schools
   88  and day care facilities attended by the children of current or
   89  former state attorneys, assistant state attorneys, statewide
   90  prosecutors, or assistant statewide prosecutors are exempt from
   91  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   92         g. The home addresses, dates of birth, and telephone
   93  numbers of general magistrates, special magistrates, judges of
   94  compensation claims, administrative law judges of the Division
   95  of Administrative Hearings, and child support enforcement
   96  hearing officers; the names, home addresses, telephone numbers,
   97  dates of birth, and places of employment of the spouses and
   98  children of general magistrates, special magistrates, judges of
   99  compensation claims, administrative law judges of the Division
  100  of Administrative Hearings, and child support enforcement
  101  hearing officers; and the names and locations of schools and day
  102  care facilities attended by the children of general magistrates,
  103  special magistrates, judges of compensation claims,
  104  administrative law judges of the Division of Administrative
  105  Hearings, and child support enforcement hearing officers are
  106  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  107  Constitution.
  108         h. The home addresses, telephone numbers, dates of birth,
  109  and photographs of current or former human resource, labor
  110  relations, or employee relations directors, assistant directors,
  111  managers, or assistant managers of any local government agency
  112  or water management district whose duties include hiring and
  113  firing employees, labor contract negotiation, administration, or
  114  other personnel-related duties; the names, home addresses,
  115  telephone numbers, dates of birth, and places of employment of
  116  the spouses and children of such personnel; and the names and
  117  locations of schools and day care facilities attended by the
  118  children of such personnel are exempt from s. 119.07(1) and s.
  119  24(a), Art. I of the State Constitution.
  120         i. The home addresses, telephone numbers, dates of birth,
  121  and photographs of current or former code enforcement officers;
  122  the names, home addresses, telephone numbers, dates of birth,
  123  and places of employment of the spouses and children of such
  124  personnel; and the names and locations of schools and day care
  125  facilities attended by the children of such personnel are exempt
  126  from s. 119.07(1) and s. 24(a), Art. I of the State
  127  Constitution.
  128         j. The home addresses, telephone numbers, places of
  129  employment, dates of birth, and photographs of current or former
  130  guardians ad litem, as defined in s. 39.820; the names, home
  131  addresses, telephone numbers, dates of birth, and places of
  132  employment of the spouses and children of such persons; and the
  133  names and locations of schools and day care facilities attended
  134  by the children of such persons are exempt from s. 119.07(1) and
  135  s. 24(a), Art. I of the State Constitution.
  136         k. The home addresses, telephone numbers, dates of birth,
  137  and photographs of current or former juvenile probation
  138  officers, juvenile probation supervisors, detention
  139  superintendents, assistant detention superintendents, juvenile
  140  justice detention officers I and II, juvenile justice detention
  141  officer supervisors, juvenile justice residential officers,
  142  juvenile justice residential officer supervisors I and II,
  143  juvenile justice counselors, juvenile justice counselor
  144  supervisors, human services counselor administrators, senior
  145  human services counselor administrators, rehabilitation
  146  therapists, and social services counselors of the Department of
  147  Juvenile Justice; the names, home addresses, telephone numbers,
  148  dates of birth, and places of employment of spouses and children
  149  of such personnel; and the names and locations of schools and
  150  day care facilities attended by the children of such personnel
  151  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  152  Constitution.
  153         l. The home addresses, telephone numbers, dates of birth,
  154  and photographs of current or former public defenders, assistant
  155  public defenders, criminal conflict and civil regional counsel,
  156  and assistant criminal conflict and civil regional counsel; the
  157  names, home addresses, telephone numbers, dates of birth, and
  158  places of employment of the spouses and children of current or
  159  former public defenders, assistant public defenders, criminal
  160  conflict and civil regional counsel, and assistant criminal
  161  conflict and civil regional counsel; and the names and locations
  162  of schools and day care facilities attended by the children of
  163  current or former public defenders, assistant public defenders,
  164  criminal conflict and civil regional counsel, and assistant
  165  criminal conflict and civil regional counsel are exempt from s.
  166  119.07(1) and s. 24(a), Art. I of the State Constitution.
  167         m. The home addresses, telephone numbers, dates of birth,
  168  and photographs of current or former investigators or inspectors
  169  of the Department of Business and Professional Regulation; the
  170  names, home addresses, telephone numbers, dates of birth, and
  171  places of employment of the spouses and children of such current
  172  or former investigators and inspectors; and the names and
  173  locations of schools and day care facilities attended by the
  174  children of such current or former investigators and inspectors
  175  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  176  Constitution.
  177         n. The home addresses, telephone numbers, and dates of
  178  birth of county tax collectors; the names, home addresses,
  179  telephone numbers, dates of birth, and places of employment of
  180  the spouses and children of such tax collectors; and the names
  181  and locations of schools and day care facilities attended by the
  182  children of such tax collectors are exempt from s. 119.07(1) and
  183  s. 24(a), Art. I of the State Constitution.
  184         o. The home addresses, telephone numbers, dates of birth,
  185  and photographs of current or former personnel of the Department
  186  of Health whose duties include, or result in, the determination
  187  or adjudication of eligibility for social security disability
  188  benefits, the investigation or prosecution of complaints filed
  189  against health care practitioners, or the inspection of health
  190  care practitioners or health care facilities licensed by the
  191  Department of Health; the names, home addresses, telephone
  192  numbers, dates of birth, and places of employment of the spouses
  193  and children of such personnel; and the names and locations of
  194  schools and day care facilities attended by the children of such
  195  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  196  the State Constitution.
  197         p. The home addresses, telephone numbers, dates of birth,
  198  and photographs of current or former impaired practitioner
  199  consultants who are retained by an agency or current or former
  200  employees of an impaired practitioner consultant whose duties
  201  result in a determination of a person’s skill and safety to
  202  practice a licensed profession; the names, home addresses,
  203  telephone numbers, dates of birth, and places of employment of
  204  the spouses and children of such consultants or their employees;
  205  and the names and locations of schools and day care facilities
  206  attended by the children of such consultants or employees are
  207  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  208  Constitution.
  209         q. The home addresses, telephone numbers, dates of birth,
  210  and photographs of current or former emergency medical
  211  technicians or paramedics certified under chapter 401; the
  212  names, home addresses, telephone numbers, dates of birth, and
  213  places of employment of the spouses and children of such
  214  emergency medical technicians or paramedics; and the names and
  215  locations of schools and day care facilities attended by the
  216  children of such emergency medical technicians or paramedics are
  217  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  218  Constitution.
  219         r. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former personnel employed in an
  221  agency’s office of inspector general or internal audit
  222  department whose duties include auditing or investigating waste,
  223  fraud, abuse, theft, exploitation, or other activities that
  224  could lead to criminal prosecution or administrative discipline;
  225  the names, home addresses, telephone numbers, dates of birth,
  226  and places of employment of spouses and children of such
  227  personnel; and the names and locations of schools and day care
  228  facilities attended by the children of such personnel are exempt
  229  from s. 119.07(1) and s. 24(a), Art. I of the State
  230  Constitution.
  231         s. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former directors, managers,
  233  supervisors, nurses, and clinical employees of an addiction
  234  treatment facility; the home addresses, telephone numbers,
  235  photographs, dates of birth, and places of employment of the
  236  spouses and children of such personnel; and the names and
  237  locations of schools and day care facilities attended by the
  238  children of such personnel are exempt from s. 119.07(1) and s.
  239  24(a), Art. I of the State Constitution. For purposes of this
  240  sub-subparagraph, the term “addiction treatment facility” means
  241  a county government, or agency thereof, that is licensed
  242  pursuant to s. 397.401 and provides substance abuse prevention,
  243  intervention, or clinical treatment, including any licensed
  244  service component described in s. 397.311(26).
  245         t. The home addresses, telephone numbers, dates of birth,
  246  and photographs of current or former directors, managers,
  247  supervisors, and clinical employees of a child advocacy center
  248  that meets the standards of s. 39.3035(2) and fulfills the
  249  screening requirement of s. 39.3035(3), and the members of a
  250  Child Protection Team as described in s. 39.303 whose duties
  251  include supporting the investigation of child abuse or sexual
  252  abuse, child abandonment, child neglect, and child exploitation
  253  or to provide services as part of a multidisciplinary case
  254  review team; the names, home addresses, telephone numbers,
  255  photographs, dates of birth, and places of employment of the
  256  spouses and children of such personnel and members; and the
  257  names and locations of schools and day care facilities attended
  258  by the children of such personnel and members are exempt from s.
  259  119.07(1) and s. 24(a), Art. I of the State Constitution.
  260         u. The home addresses, telephone numbers, places of
  261  employment, dates of birth, and photographs of current or former
  262  staff and domestic violence advocates, as defined in s.
  263  90.5036(1)(b), of domestic violence centers certified by the
  264  Department of Children and Families under chapter 39; the names,
  265  home addresses, telephone numbers, places of employment, dates
  266  of birth, and photographs of the spouses and children of such
  267  personnel; and the names and locations of schools and day care
  268  facilities attended by the children of such personnel are exempt
  269  from s. 119.07(1) and s. 24(a), Art. I of the State
  270  Constitution.
  271         v.°The home addresses, telephone numbers, and dates of
  272  birth of current county attorneys, deputy county attorneys,
  273  assistant county attorneys, city attorneys, deputy city
  274  attorneys, and assistant city attorneys; the names, home
  275  addresses, telephone numbers, dates of birth, and places of
  276  employment of the spouses and children of current county
  277  attorneys, deputy county attorneys, assistant county attorneys,
  278  city attorneys, deputy city attorneys, and assistant city
  279  attorneys; and the names and locations of schools and day care
  280  facilities attended by the children of current county attorneys,
  281  deputy county attorneys, assistant county attorneys, city
  282  attorneys, deputy city attorneys, and assistant city attorneys
  283  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  284  Constitution. This exemption does not apply to a current county
  285  attorney, deputy county attorney, assistant county attorney,
  286  city attorney, deputy city attorney, and assistant city attorney
  287  who qualifies as a candidate for election to public office.
  288         3. An agency that is the custodian of the information
  289  specified in subparagraph 2. and that is not the employer of the
  290  officer, employee, justice, judge, or other person specified in
  291  subparagraph 2. must maintain the exempt status of that
  292  information only if the officer, employee, justice, judge, other
  293  person, or employing agency of the designated employee submits a
  294  written and notarized request for maintenance of the exemption
  295  to the custodial agency. The request must state under oath the
  296  statutory basis for the individual’s exemption request and
  297  confirm the individual’s status as a party eligible for exempt
  298  status.
  299         4.a. A county property appraiser, as defined in s.
  300  192.001(3), or a county tax collector, as defined in s.
  301  192.001(4), who receives a written and notarized request for
  302  maintenance of the exemption pursuant to subparagraph 3. must
  303  comply by removing the name of the individual with exempt status
  304  and the instrument number or Official Records book and page
  305  number identifying the property with the exempt status from all
  306  publicly available records maintained by the property appraiser
  307  or tax collector. For written requests received on or before
  308  July 1, 2021, a county property appraiser or county tax
  309  collector must comply with this sub-subparagraph by October 1,
  310  2021. A county property appraiser or county tax collector may
  311  not remove the street address, legal description, or other
  312  information identifying real property within the agency’s
  313  records so long as a name or personal information otherwise
  314  exempt from inspection and copying pursuant to this section are
  315  not associated with the property or otherwise displayed in the
  316  public records of the agency.
  317         b. Any information restricted from public display,
  318  inspection, or copying under sub-subparagraph a. must be
  319  provided to the individual whose information was removed.
  320         5. An officer, an employee, a justice, a judge, or other
  321  person specified in subparagraph 2. may submit a written request
  322  for the release of his or her exempt information to the
  323  custodial agency. The written request must be notarized and must
  324  specify the information to be released and the party authorized
  325  to receive the information. Upon receipt of the written request,
  326  the custodial agency must release the specified information to
  327  the party authorized to receive such information.
  328         6. The exemptions in this paragraph apply to information
  329  held by an agency before, on, or after the effective date of the
  330  exemption.
  331         7. Information made exempt under this paragraph may be
  332  disclosed pursuant to s. 28.2221 to a title insurer authorized
  333  pursuant to s. 624.401 and its affiliates as defined in s.
  334  624.10; a title insurance agent or title insurance agency as
  335  defined in s. 626.841(1) or (2), respectively; or an attorney
  336  duly admitted to practice law in this state and in good standing
  337  with The Florida Bar.
  338         8. The exempt status of a home address contained in the
  339  Official Records is maintained only during the period when a
  340  protected party resides at the dwelling location. Upon
  341  conveyance of real property after October 1, 2021, and when such
  342  real property no longer constitutes a protected party’s home
  343  address as defined in sub-subparagraph 1.a., the protected party
  344  must submit a written request to release the removed information
  345  to the county recorder. The written request to release the
  346  removed information must be notarized, must confirm that a
  347  protected party’s request for release is pursuant to a
  348  conveyance of his or her dwelling location, and must specify the
  349  Official Records book and page, instrument number, or clerk’s
  350  file number for each document containing the information to be
  351  released.
  352         9. Upon the death of a protected party as verified by a
  353  certified copy of a death certificate or court order, any party
  354  can request the county recorder to release a protected
  355  decedent’s removed information unless there is a related request
  356  on file with the county recorder for continued removal of the
  357  decedent’s information or unless such removal is otherwise
  358  prohibited by statute or by court order. The written request to
  359  release the removed information upon the death of a protected
  360  party must attach the certified copy of a death certificate or
  361  court order and must be notarized, must confirm the request for
  362  release is due to the death of a protected party, and must
  363  specify the Official Records book and page number, instrument
  364  number, or clerk’s file number for each document containing the
  365  information to be released. A fee may not be charged for the
  366  release of any document pursuant to such request.
  367         10. This paragraph is subject to the Open Government Sunset
  368  Review Act in accordance with s. 119.15 and shall stand repealed
  369  on October 2, 2024, unless reviewed and saved from repeal
  370  through reenactment by the Legislature.
  371         Section 2. The Legislature finds that it is a public
  372  necessity that the home addresses, telephone numbers, and dates
  373  of birth of current county attorneys, deputy county attorneys,
  374  assistant county attorneys, city attorneys, deputy city
  375  attorneys, and assistant city attorneys be made exempt from s.
  376  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  377  State Constitution. The Legislature further finds that it is a
  378  public necessity that the names, home addresses, telephone
  379  numbers, dates of birth, and places of employment of the spouses
  380  and children of current county attorneys, deputy county
  381  attorneys, assistant county attorneys, city attorneys, deputy
  382  city attorneys, and assistant city attorneys and the names and
  383  locations of schools and day care facilities attended by the
  384  children of such attorneys, be made exempt from s. 119.07(1),
  385  Florida Statutes, and s. 24(a), Article I of the State
  386  Constitution. The responsibilities of county attorneys, deputy
  387  county attorneys, assistant county attorneys, city attorneys,
  388  deputy city attorneys, and assistant city attorneys regularly
  389  involve legal enforcement proceeding in areas of neglect and
  390  abuse related to violations of codes and ordinances. Legal
  391  enforcement proceedings have led to retribution and threats by
  392  defendants and other persons on numerous occasions. Such
  393  attorneys have received death threats and e-mails from
  394  disgruntled persons advocating the murder of other attorneys.
  395  Other incidents have included the stalking of such attorneys and
  396  their spouses and children. The Legislature finds that the
  397  release of such personal identifying and location information
  398  could place such persons in danger of being physically or
  399  emotionally harmed or staked by a defendant or another person.
  400  The Legislature finds that the harm that may result from the
  401  release of such personal identifying and location information
  402  outweighs any public benefit that may be derived from the
  403  disclosure of the information.
  404         Section 3. This act shall take effect July 1, 2023.
  405  
  406  ================= T I T L E  A M E N D M E N T ================
  407  And the title is amended as follows:
  408         Delete everything before the enacting clause
  409  and insert:
  410                        A bill to be entitled                      
  411  An act relating to public records; amending s. 119.071, F.S.;
  412  providing an exemption from public records requirements for the
  413  personal identifying and location information of current county
  414  attorneys, deputy county attorneys, assistant county attorneys,
  415  city attorneys, deputy city attorneys, assistant city attorneys,
  416  and the names and personal and identifying and location
  417  information of the spouses and children of such attorneys;
  418  providing applicability; providing for retroactive application;
  419  providing for future legislative review and repeal; providing a
  420  statement of public necessity; providing an effective date.