Florida Senate - 2023                               CS for SB 50
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Wright
       
       
       
       
       585-02615-23                                            202350c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing a definition; adding current
    4         judicial assistants and their spouses and children to
    5         the list of specified agency personnel and family
    6         members to whom an exemption from public records
    7         requirements for identification and location
    8         information applies; providing for future legislative
    9         review and repeal of the exemption; providing for
   10         retroactive application of the exemption; providing a
   11         statement of public necessity; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (4) of section
   17  119.071, Florida Statutes, is amended to read
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (4) AGENCY PERSONNEL INFORMATION.—
   21         (d)1. For purposes of this paragraph, the term:
   22         a. “Home addresses” means the dwelling location at which an
   23  individual resides and includes the physical address, mailing
   24  address, street address, parcel identification number, plot
   25  identification number, legal property description, neighborhood
   26  name and lot number, GPS coordinates, and any other descriptive
   27  property information that may reveal the home address.
   28         b. “Judicial assistant” means a court employee assigned to
   29  the following class codes: 8140, 8150, 8310, and 8320.
   30         c.b. “Telephone numbers” includes home telephone numbers,
   31  personal cellular telephone numbers, personal pager telephone
   32  numbers, and telephone numbers associated with personal
   33  communications devices.
   34         2.a. The home addresses, telephone numbers, dates of birth,
   35  and photographs of active or former sworn law enforcement
   36  personnel or of active or former civilian personnel employed by
   37  a law enforcement agency, including correctional and
   38  correctional probation officers, personnel of the Department of
   39  Children and Families whose duties include the investigation of
   40  abuse, neglect, exploitation, fraud, theft, or other criminal
   41  activities, personnel of the Department of Health whose duties
   42  are to support the investigation of child abuse or neglect, and
   43  personnel of the Department of Revenue or local governments
   44  whose responsibilities include revenue collection and
   45  enforcement or child support enforcement; the names, home
   46  addresses, telephone numbers, photographs, dates of birth, and
   47  places of employment of the spouses and children of such
   48  personnel; and the names and locations of schools and day care
   49  facilities attended by the children of such personnel are exempt
   50  from s. 119.07(1) and s. 24(a), Art. I of the State
   51  Constitution.
   52         b. The home addresses, telephone numbers, dates of birth,
   53  and photographs of current or former nonsworn investigative
   54  personnel of the Department of Financial Services whose duties
   55  include the investigation of fraud, theft, workers’ compensation
   56  coverage requirements and compliance, other related criminal
   57  activities, or state regulatory requirement violations; the
   58  names, home addresses, telephone numbers, dates of birth, and
   59  places of employment of the spouses and children of such
   60  personnel; and the names and locations of schools and day care
   61  facilities attended by the children of such personnel are exempt
   62  from s. 119.07(1) and s. 24(a), Art. I of the State
   63  Constitution.
   64         c. The home addresses, telephone numbers, dates of birth,
   65  and photographs of current or former nonsworn investigative
   66  personnel of the Office of Financial Regulation’s Bureau of
   67  Financial Investigations whose duties include the investigation
   68  of fraud, theft, other related criminal activities, or state
   69  regulatory requirement violations; the names, home addresses,
   70  telephone numbers, dates of birth, and places of employment of
   71  the spouses and children of such personnel; and the names and
   72  locations of schools and day care facilities attended by the
   73  children of such personnel are exempt from s. 119.07(1) and s.
   74  24(a), Art. I of the State Constitution.
   75         d. The home addresses, telephone numbers, dates of birth,
   76  and photographs of current or former firefighters certified in
   77  compliance with s. 633.408; the names, home addresses, telephone
   78  numbers, photographs, dates of birth, and places of employment
   79  of the spouses and children of such firefighters; and the names
   80  and locations of schools and day care facilities attended by the
   81  children of such firefighters are exempt from s. 119.07(1) and
   82  s. 24(a), Art. I of the State Constitution.
   83         e. The home addresses, dates of birth, and telephone
   84  numbers of current or former justices of the Supreme Court,
   85  district court of appeal judges, circuit court judges, and
   86  county court judges, and of current judicial assistants; the
   87  names, home addresses, telephone numbers, dates of birth, and
   88  places of employment of the spouses and children of current or
   89  former justices and judges, and of current judicial assistants;
   90  and the names and locations of schools and day care facilities
   91  attended by the children of current or former justices and
   92  judges and of current judicial assistants are exempt from s.
   93  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   94  sub-subparagraph is subject to the Open Government Sunset Review
   95  Act in accordance with s. 119.15 and shall stand repealed on
   96  October 2, 2028, unless reviewed and saved from repeal through
   97  reenactment by the Legislature.
   98         f. The home addresses, telephone numbers, dates of birth,
   99  and photographs of current or former state attorneys, assistant
  100  state attorneys, statewide prosecutors, or assistant statewide
  101  prosecutors; the names, home addresses, telephone numbers,
  102  photographs, dates of birth, and places of employment of the
  103  spouses and children of current or former state attorneys,
  104  assistant state attorneys, statewide prosecutors, or assistant
  105  statewide prosecutors; and the names and locations of schools
  106  and day care facilities attended by the children of current or
  107  former state attorneys, assistant state attorneys, statewide
  108  prosecutors, or assistant statewide prosecutors are exempt from
  109  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  110         g. The home addresses, dates of birth, and telephone
  111  numbers of general magistrates, special magistrates, judges of
  112  compensation claims, administrative law judges of the Division
  113  of Administrative Hearings, and child support enforcement
  114  hearing officers; the names, home addresses, telephone numbers,
  115  dates of birth, and places of employment of the spouses and
  116  children of general magistrates, special magistrates, judges of
  117  compensation claims, administrative law judges of the Division
  118  of Administrative Hearings, and child support enforcement
  119  hearing officers; and the names and locations of schools and day
  120  care facilities attended by the children of general magistrates,
  121  special magistrates, judges of compensation claims,
  122  administrative law judges of the Division of Administrative
  123  Hearings, and child support enforcement hearing officers are
  124  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  125  Constitution.
  126         h. The home addresses, telephone numbers, dates of birth,
  127  and photographs of current or former human resource, labor
  128  relations, or employee relations directors, assistant directors,
  129  managers, or assistant managers of any local government agency
  130  or water management district whose duties include hiring and
  131  firing employees, labor contract negotiation, administration, or
  132  other personnel-related duties; the names, home addresses,
  133  telephone numbers, dates of birth, and places of employment of
  134  the spouses and children of such personnel; and the names and
  135  locations of schools and day care facilities attended by the
  136  children of such personnel are exempt from s. 119.07(1) and s.
  137  24(a), Art. I of the State Constitution.
  138         i. The home addresses, telephone numbers, dates of birth,
  139  and photographs of current or former code enforcement officers;
  140  the names, home addresses, telephone numbers, dates of birth,
  141  and places of employment of the spouses and children of such
  142  personnel; and the names and locations of schools and day care
  143  facilities attended by the children of such personnel are exempt
  144  from s. 119.07(1) and s. 24(a), Art. I of the State
  145  Constitution.
  146         j. The home addresses, telephone numbers, places of
  147  employment, dates of birth, and photographs of current or former
  148  guardians ad litem, as defined in s. 39.820; the names, home
  149  addresses, telephone numbers, dates of birth, and places of
  150  employment of the spouses and children of such persons; and the
  151  names and locations of schools and day care facilities attended
  152  by the children of such persons are exempt from s. 119.07(1) and
  153  s. 24(a), Art. I of the State Constitution.
  154         k. The home addresses, telephone numbers, dates of birth,
  155  and photographs of current or former juvenile probation
  156  officers, juvenile probation supervisors, detention
  157  superintendents, assistant detention superintendents, juvenile
  158  justice detention officers I and II, juvenile justice detention
  159  officer supervisors, juvenile justice residential officers,
  160  juvenile justice residential officer supervisors I and II,
  161  juvenile justice counselors, juvenile justice counselor
  162  supervisors, human services counselor administrators, senior
  163  human services counselor administrators, rehabilitation
  164  therapists, and social services counselors of the Department of
  165  Juvenile Justice; the names, home addresses, telephone numbers,
  166  dates of birth, and places of employment of spouses and children
  167  of such personnel; and the names and locations of schools and
  168  day care facilities attended by the children of such personnel
  169  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  170  Constitution.
  171         l. The home addresses, telephone numbers, dates of birth,
  172  and photographs of current or former public defenders, assistant
  173  public defenders, criminal conflict and civil regional counsel,
  174  and assistant criminal conflict and civil regional counsel; the
  175  names, home addresses, telephone numbers, dates of birth, and
  176  places of employment of the spouses and children of current or
  177  former public defenders, assistant public defenders, criminal
  178  conflict and civil regional counsel, and assistant criminal
  179  conflict and civil regional counsel; and the names and locations
  180  of schools and day care facilities attended by the children of
  181  current or former public defenders, assistant public defenders,
  182  criminal conflict and civil regional counsel, and assistant
  183  criminal conflict and civil regional counsel are exempt from s.
  184  119.07(1) and s. 24(a), Art. I of the State Constitution.
  185         m. The home addresses, telephone numbers, dates of birth,
  186  and photographs of current or former investigators or inspectors
  187  of the Department of Business and Professional Regulation; the
  188  names, home addresses, telephone numbers, dates of birth, and
  189  places of employment of the spouses and children of such current
  190  or former investigators and inspectors; and the names and
  191  locations of schools and day care facilities attended by the
  192  children of such current or former investigators and inspectors
  193  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  194  Constitution.
  195         n. The home addresses, telephone numbers, and dates of
  196  birth of county tax collectors; the names, home addresses,
  197  telephone numbers, dates of birth, and places of employment of
  198  the spouses and children of such tax collectors; and the names
  199  and locations of schools and day care facilities attended by the
  200  children of such tax collectors are exempt from s. 119.07(1) and
  201  s. 24(a), Art. I of the State Constitution.
  202         o. The home addresses, telephone numbers, dates of birth,
  203  and photographs of current or former personnel of the Department
  204  of Health whose duties include, or result in, the determination
  205  or adjudication of eligibility for social security disability
  206  benefits, the investigation or prosecution of complaints filed
  207  against health care practitioners, or the inspection of health
  208  care practitioners or health care facilities licensed by the
  209  Department of Health; the names, home addresses, telephone
  210  numbers, dates of birth, and places of employment of the spouses
  211  and children of such personnel; and the names and locations of
  212  schools and day care facilities attended by the children of such
  213  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  214  the State Constitution.
  215         p. The home addresses, telephone numbers, dates of birth,
  216  and photographs of current or former impaired practitioner
  217  consultants who are retained by an agency or current or former
  218  employees of an impaired practitioner consultant whose duties
  219  result in a determination of a person’s skill and safety to
  220  practice a licensed profession; the names, home addresses,
  221  telephone numbers, dates of birth, and places of employment of
  222  the spouses and children of such consultants or their employees;
  223  and the names and locations of schools and day care facilities
  224  attended by the children of such consultants or employees are
  225  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  226  Constitution.
  227         q. The home addresses, telephone numbers, dates of birth,
  228  and photographs of current or former emergency medical
  229  technicians or paramedics certified under chapter 401; the
  230  names, home addresses, telephone numbers, dates of birth, and
  231  places of employment of the spouses and children of such
  232  emergency medical technicians or paramedics; and the names and
  233  locations of schools and day care facilities attended by the
  234  children of such emergency medical technicians or paramedics are
  235  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  236  Constitution.
  237         r. The home addresses, telephone numbers, dates of birth,
  238  and photographs of current or former personnel employed in an
  239  agency’s office of inspector general or internal audit
  240  department whose duties include auditing or investigating waste,
  241  fraud, abuse, theft, exploitation, or other activities that
  242  could lead to criminal prosecution or administrative discipline;
  243  the names, home addresses, telephone numbers, dates of birth,
  244  and places of employment of spouses and children of such
  245  personnel; and the names and locations of schools and day care
  246  facilities attended by the children of such personnel are exempt
  247  from s. 119.07(1) and s. 24(a), Art. I of the State
  248  Constitution.
  249         s. The home addresses, telephone numbers, dates of birth,
  250  and photographs of current or former directors, managers,
  251  supervisors, nurses, and clinical employees of an addiction
  252  treatment facility; the home addresses, telephone numbers,
  253  photographs, dates of birth, and places of employment of the
  254  spouses and children of such personnel; and the names and
  255  locations of schools and day care facilities attended by the
  256  children of such personnel are exempt from s. 119.07(1) and s.
  257  24(a), Art. I of the State Constitution. For purposes of this
  258  sub-subparagraph, the term “addiction treatment facility” means
  259  a county government, or agency thereof, that is licensed
  260  pursuant to s. 397.401 and provides substance abuse prevention,
  261  intervention, or clinical treatment, including any licensed
  262  service component described in s. 397.311(26).
  263         t. The home addresses, telephone numbers, dates of birth,
  264  and photographs of current or former directors, managers,
  265  supervisors, and clinical employees of a child advocacy center
  266  that meets the standards of s. 39.3035(2) and fulfills the
  267  screening requirement of s. 39.3035(3), and the members of a
  268  Child Protection Team as described in s. 39.303 whose duties
  269  include supporting the investigation of child abuse or sexual
  270  abuse, child abandonment, child neglect, and child exploitation
  271  or to provide services as part of a multidisciplinary case
  272  review team; the names, home addresses, telephone numbers,
  273  photographs, dates of birth, and places of employment of the
  274  spouses and children of such personnel and members; and the
  275  names and locations of schools and day care facilities attended
  276  by the children of such personnel and members are exempt from s.
  277  119.07(1) and s. 24(a), Art. I of the State Constitution.
  278         u. The home addresses, telephone numbers, places of
  279  employment, dates of birth, and photographs of current or former
  280  staff and domestic violence advocates, as defined in s.
  281  90.5036(1)(b), of domestic violence centers certified by the
  282  Department of Children and Families under chapter 39; the names,
  283  home addresses, telephone numbers, places of employment, dates
  284  of birth, and photographs of the spouses and children of such
  285  personnel; and the names and locations of schools and day care
  286  facilities attended by the children of such personnel are exempt
  287  from s. 119.07(1) and s. 24(a), Art. I of the State
  288  Constitution.
  289         3. An agency that is the custodian of the information
  290  specified in subparagraph 2. and that is not the employer of the
  291  officer, employee, justice, judge, or other person specified in
  292  subparagraph 2. must maintain the exempt status of that
  293  information only if the officer, employee, justice, judge, other
  294  person, or employing agency of the designated employee submits a
  295  written and notarized request for maintenance of the exemption
  296  to the custodial agency. The request must state under oath the
  297  statutory basis for the individual’s exemption request and
  298  confirm the individual’s status as a party eligible for exempt
  299  status.
  300         4.a. A county property appraiser, as defined in s.
  301  192.001(3), or a county tax collector, as defined in s.
  302  192.001(4), who receives a written and notarized request for
  303  maintenance of the exemption pursuant to subparagraph 3. must
  304  comply by removing the name of the individual with exempt status
  305  and the instrument number or Official Records book and page
  306  number identifying the property with the exempt status from all
  307  publicly available records maintained by the property appraiser
  308  or tax collector. For written requests received on or before
  309  July 1, 2021, a county property appraiser or county tax
  310  collector must comply with this sub-subparagraph by October 1,
  311  2021. A county property appraiser or county tax collector may
  312  not remove the street address, legal description, or other
  313  information identifying real property within the agency’s
  314  records so long as a name or personal information otherwise
  315  exempt from inspection and copying pursuant to this section are
  316  not associated with the property or otherwise displayed in the
  317  public records of the agency.
  318         b. Any information restricted from public display,
  319  inspection, or copying under sub-subparagraph a. must be
  320  provided to the individual whose information was removed.
  321         5. An officer, an employee, a justice, a judge, or other
  322  person specified in subparagraph 2. may submit a written request
  323  for the release of his or her exempt information to the
  324  custodial agency. The written request must be notarized and must
  325  specify the information to be released and the party authorized
  326  to receive the information. Upon receipt of the written request,
  327  the custodial agency must release the specified information to
  328  the party authorized to receive such information.
  329         6. The exemptions in this paragraph apply to information
  330  held by an agency before, on, or after the effective date of the
  331  exemption.
  332         7. Information made exempt under this paragraph may be
  333  disclosed pursuant to s. 28.2221 to a title insurer authorized
  334  pursuant to s. 624.401 and its affiliates as defined in s.
  335  624.10; a title insurance agent or title insurance agency as
  336  defined in s. 626.841(1) or (2), respectively; or an attorney
  337  duly admitted to practice law in this state and in good standing
  338  with The Florida Bar.
  339         8. The exempt status of a home address contained in the
  340  Official Records is maintained only during the period when a
  341  protected party resides at the dwelling location. Upon
  342  conveyance of real property after October 1, 2021, and when such
  343  real property no longer constitutes a protected party’s home
  344  address as defined in sub-subparagraph 1.a., the protected party
  345  must submit a written request to release the removed information
  346  to the county recorder. The written request to release the
  347  removed information must be notarized, must confirm that a
  348  protected party’s request for release is pursuant to a
  349  conveyance of his or her dwelling location, and must specify the
  350  Official Records book and page, instrument number, or clerk’s
  351  file number for each document containing the information to be
  352  released.
  353         9. Upon the death of a protected party as verified by a
  354  certified copy of a death certificate or court order, any party
  355  can request the county recorder to release a protected
  356  decedent’s removed information unless there is a related request
  357  on file with the county recorder for continued removal of the
  358  decedent’s information or unless such removal is otherwise
  359  prohibited by statute or by court order. The written request to
  360  release the removed information upon the death of a protected
  361  party must attach the certified copy of a death certificate or
  362  court order and must be notarized, must confirm the request for
  363  release is due to the death of a protected party, and must
  364  specify the Official Records book and page number, instrument
  365  number, or clerk’s file number for each document containing the
  366  information to be released. A fee may not be charged for the
  367  release of any document pursuant to such request.
  368         10. Except as otherwise expressly provided in this
  369  paragraph, this paragraph is subject to the Open Government
  370  Sunset Review Act in accordance with s. 119.15 and shall stand
  371  repealed on October 2, 2024, unless reviewed and saved from
  372  repeal through reenactment by the Legislature.
  373         Section 2. The Legislature finds that it is a public
  374  necessity that the home addresses, dates of birth, and telephone
  375  numbers of current judicial assistants; the names, home
  376  addresses, telephone numbers, dates of birth, and places of
  377  employment of the spouses and children of such judicial
  378  assistants; and the names and locations of schools and day care
  379  facilities attended by the children of such judicial assistants
  380  be made exempt from s. 119.07(1), Florida Statutes, and s.
  381  24(a), Article I of the State Constitution. Such identifying and
  382  location information can be used as a tool to perpetrate fraud
  383  against an individual or to acquire sensitive personal,
  384  financial, medical, and familial information, the release of
  385  which could cause great financial harm to the individual. In the
  386  course of assisting in reviewing cases, maintaining the court
  387  docket, screening phone calls and visitors to a justice’s or
  388  judge’s chambers, preparing orders, and coordinating and problem
  389  solving with attorneys and litigants, judicial assistants may
  390  incur the ill will of litigants, the accused, the convicted, and
  391  their associates and families, thus making judicial assistants
  392  and their spouses and children targets for acts of revenge. If
  393  such identifying and location information is released, the
  394  safety of current judicial assistants and their spouses and
  395  children could be seriously jeopardized. For these reasons, the
  396  Legislature finds that it is a public necessity that such
  397  information be made exempt from public records requirements.
  398         Section 3. This act shall take effect July 1, 2023.