Florida Senate - 2024                                    SB 1298
       
       
        
       By Senator Davis
       
       
       
       
       
       5-01303-24                                            20241298__
    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 the personal identifying and
    5         location information of current and former personnel
    6         and commissioners of the Florida Commission on Human
    7         Relations and the names and personal identifying and
    8         location information of the spouses and children of
    9         such personnel and commissioners; providing for future
   10         legislative review and repeal of the exemption;
   11         providing retroactive application; providing a
   12         statement of public necessity; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (4) of section
   18  119.071, Florida Statutes, is amended to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (4) AGENCY PERSONNEL INFORMATION.—
   22         (d)1. For purposes of this paragraph, the term:
   23         a. “Home addresses” means the dwelling location at which an
   24  individual resides and includes the physical address, mailing
   25  address, street address, parcel identification number, plot
   26  identification number, legal property description, neighborhood
   27  name and lot number, GPS coordinates, and any other descriptive
   28  property information that may reveal the home address.
   29         b. “Judicial assistant” means a court employee assigned to
   30  the following class codes: 8140, 8150, 8310, and 8320.
   31         c. “Telephone numbers” includes home telephone numbers,
   32  personal cellular telephone numbers, personal pager telephone
   33  numbers, and telephone numbers associated with personal
   34  communications devices.
   35         2.a. The home addresses, telephone numbers, dates of birth,
   36  and photographs of active or former sworn law enforcement
   37  personnel or of active or former civilian personnel employed by
   38  a law enforcement agency, including correctional and
   39  correctional probation officers, personnel of the Department of
   40  Children and Families whose duties include the investigation of
   41  abuse, neglect, exploitation, fraud, theft, or other criminal
   42  activities, personnel of the Department of Health whose duties
   43  are to support the investigation of child abuse or neglect, and
   44  personnel of the Department of Revenue or local governments
   45  whose responsibilities include revenue collection and
   46  enforcement or child support enforcement; the names, home
   47  addresses, telephone numbers, photographs, dates of birth, and
   48  places of employment of the spouses and children of such
   49  personnel; and the names and locations of schools and day care
   50  facilities attended by the children of such personnel are exempt
   51  from s. 119.07(1) and s. 24(a), Art. I of the State
   52  Constitution.
   53         b. The home addresses, telephone numbers, dates of birth,
   54  and photographs of current or former nonsworn investigative
   55  personnel of the Department of Financial Services whose duties
   56  include the investigation of fraud, theft, workers’ compensation
   57  coverage requirements and compliance, other related criminal
   58  activities, or state regulatory requirement violations; the
   59  names, home addresses, telephone numbers, dates of birth, and
   60  places of employment of the spouses and children of such
   61  personnel; and the names and locations of schools and day care
   62  facilities attended by the children of such personnel are exempt
   63  from s. 119.07(1) and s. 24(a), Art. I of the State
   64  Constitution.
   65         c. The home addresses, telephone numbers, dates of birth,
   66  and photographs of current or former nonsworn investigative
   67  personnel of the Office of Financial Regulation’s Bureau of
   68  Financial Investigations whose duties include the investigation
   69  of fraud, theft, other related criminal activities, or state
   70  regulatory requirement violations; the names, home addresses,
   71  telephone numbers, dates of birth, and places of employment of
   72  the spouses and children of such personnel; and the names and
   73  locations of schools and day care facilities attended by the
   74  children of such personnel are exempt from s. 119.07(1) and s.
   75  24(a), Art. I of the State Constitution.
   76         d. The home addresses, telephone numbers, dates of birth,
   77  and photographs of current or former firefighters certified in
   78  compliance with s. 633.408; the names, home addresses, telephone
   79  numbers, photographs, dates of birth, and places of employment
   80  of the spouses and children of such firefighters; and the names
   81  and locations of schools and day care facilities attended by the
   82  children of such firefighters are exempt from s. 119.07(1) and
   83  s. 24(a), Art. I of the State Constitution.
   84         e. The home addresses, dates of birth, and telephone
   85  numbers of current or former justices of the Supreme Court,
   86  district court of appeal judges, circuit court judges, and
   87  county court judges, and of current judicial assistants; the
   88  names, home addresses, telephone numbers, dates of birth, and
   89  places of employment of the spouses and children of current or
   90  former justices and judges and of current judicial assistants;
   91  and the names and locations of schools and day care facilities
   92  attended by the children of current or former justices and
   93  judges and of current judicial assistants are exempt from s.
   94  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   95  sub-subparagraph is subject to the Open Government Sunset Review
   96  Act in accordance with s. 119.15 and shall stand repealed on
   97  October 2, 2028, unless reviewed and saved from repeal through
   98  reenactment by the Legislature.
   99         f. The home addresses, telephone numbers, dates of birth,
  100  and photographs of current or former state attorneys, assistant
  101  state attorneys, statewide prosecutors, or assistant statewide
  102  prosecutors; the names, home addresses, telephone numbers,
  103  photographs, dates of birth, and places of employment of the
  104  spouses and children of current or former state attorneys,
  105  assistant state attorneys, statewide prosecutors, or assistant
  106  statewide prosecutors; and the names and locations of schools
  107  and day care facilities attended by the children of current or
  108  former state attorneys, assistant state attorneys, statewide
  109  prosecutors, or assistant statewide prosecutors are exempt from
  110  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  111         g. The home addresses, dates of birth, and telephone
  112  numbers of general magistrates, special magistrates, judges of
  113  compensation claims, administrative law judges of the Division
  114  of Administrative Hearings, and child support enforcement
  115  hearing officers; the names, home addresses, telephone numbers,
  116  dates of birth, and places of employment of the spouses and
  117  children of general magistrates, special magistrates, judges of
  118  compensation claims, administrative law judges of the Division
  119  of Administrative Hearings, and child support enforcement
  120  hearing officers; and the names and locations of schools and day
  121  care facilities attended by the children of general magistrates,
  122  special magistrates, judges of compensation claims,
  123  administrative law judges of the Division of Administrative
  124  Hearings, and child support enforcement hearing officers are
  125  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  126  Constitution.
  127         h. The home addresses, telephone numbers, dates of birth,
  128  and photographs of current or former human resource, labor
  129  relations, or employee relations directors, assistant directors,
  130  managers, or assistant managers of any local government agency
  131  or water management district whose duties include hiring and
  132  firing employees, labor contract negotiation, administration, or
  133  other personnel-related duties; the names, home addresses,
  134  telephone numbers, dates of birth, and places of employment of
  135  the spouses and children of such personnel; and the names and
  136  locations of schools and day care facilities attended by the
  137  children of such personnel are exempt from s. 119.07(1) and s.
  138  24(a), Art. I of the State Constitution.
  139         i. The home addresses, telephone numbers, dates of birth,
  140  and photographs of current or former code enforcement officers;
  141  the names, home addresses, telephone numbers, dates of birth,
  142  and places of employment of the spouses and children of such
  143  personnel; and the names and locations of schools and day care
  144  facilities attended by the children of such personnel are exempt
  145  from s. 119.07(1) and s. 24(a), Art. I of the State
  146  Constitution.
  147         j. The home addresses, telephone numbers, places of
  148  employment, dates of birth, and photographs of current or former
  149  guardians ad litem, as defined in s. 39.820; the names, home
  150  addresses, telephone numbers, dates of birth, and places of
  151  employment of the spouses and children of such persons; and the
  152  names and locations of schools and day care facilities attended
  153  by the children of such persons are exempt from s. 119.07(1) and
  154  s. 24(a), Art. I of the State Constitution.
  155         k. The home addresses, telephone numbers, dates of birth,
  156  and photographs of current or former juvenile probation
  157  officers, juvenile probation supervisors, detention
  158  superintendents, assistant detention superintendents, juvenile
  159  justice detention officers I and II, juvenile justice detention
  160  officer supervisors, juvenile justice residential officers,
  161  juvenile justice residential officer supervisors I and II,
  162  juvenile justice counselors, juvenile justice counselor
  163  supervisors, human services counselor administrators, senior
  164  human services counselor administrators, rehabilitation
  165  therapists, and social services counselors of the Department of
  166  Juvenile Justice; the names, home addresses, telephone numbers,
  167  dates of birth, and places of employment of spouses and children
  168  of such personnel; and the names and locations of schools and
  169  day care facilities attended by the children of such personnel
  170  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  171  Constitution.
  172         l. The home addresses, telephone numbers, dates of birth,
  173  and photographs of current or former public defenders, assistant
  174  public defenders, criminal conflict and civil regional counsel,
  175  and assistant criminal conflict and civil regional counsel; the
  176  names, home addresses, telephone numbers, dates of birth, and
  177  places of employment of the spouses and children of current or
  178  former public defenders, assistant public defenders, criminal
  179  conflict and civil regional counsel, and assistant criminal
  180  conflict and civil regional counsel; and the names and locations
  181  of schools and day care facilities attended by the children of
  182  current or former public defenders, assistant public defenders,
  183  criminal conflict and civil regional counsel, and assistant
  184  criminal conflict and civil regional counsel are exempt from s.
  185  119.07(1) and s. 24(a), Art. I of the State Constitution.
  186         m. The home addresses, telephone numbers, dates of birth,
  187  and photographs of current or former investigators or inspectors
  188  of the Department of Business and Professional Regulation; the
  189  names, home addresses, telephone numbers, dates of birth, and
  190  places of employment of the spouses and children of such current
  191  or former investigators and inspectors; and the names and
  192  locations of schools and day care facilities attended by the
  193  children of such current or former investigators and inspectors
  194  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  195  Constitution.
  196         n. The home addresses, telephone numbers, and dates of
  197  birth of county tax collectors; the names, home addresses,
  198  telephone numbers, dates of birth, and places of employment of
  199  the spouses and children of such tax collectors; and the names
  200  and locations of schools and day care facilities attended by the
  201  children of such tax collectors are exempt from s. 119.07(1) and
  202  s. 24(a), Art. I of the State Constitution.
  203         o. The home addresses, telephone numbers, dates of birth,
  204  and photographs of current or former personnel of the Department
  205  of Health whose duties include, or result in, the determination
  206  or adjudication of eligibility for social security disability
  207  benefits, the investigation or prosecution of complaints filed
  208  against health care practitioners, or the inspection of health
  209  care practitioners or health care facilities licensed by the
  210  Department of Health; the names, home addresses, telephone
  211  numbers, dates of birth, and places of employment of the spouses
  212  and children of such personnel; and the names and locations of
  213  schools and day care facilities attended by the children of such
  214  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  215  the State Constitution.
  216         p. The home addresses, telephone numbers, dates of birth,
  217  and photographs of current or former impaired practitioner
  218  consultants who are retained by an agency or current or former
  219  employees of an impaired practitioner consultant whose duties
  220  result in a determination of a person’s skill and safety to
  221  practice a licensed profession; the names, home addresses,
  222  telephone numbers, dates of birth, and places of employment of
  223  the spouses and children of such consultants or their employees;
  224  and the names and locations of schools and day care facilities
  225  attended by the children of such consultants or employees are
  226  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  227  Constitution.
  228         q. The home addresses, telephone numbers, dates of birth,
  229  and photographs of current or former emergency medical
  230  technicians or paramedics certified under chapter 401; the
  231  names, home addresses, telephone numbers, dates of birth, and
  232  places of employment of the spouses and children of such
  233  emergency medical technicians or paramedics; and the names and
  234  locations of schools and day care facilities attended by the
  235  children of such emergency medical technicians or paramedics are
  236  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  237  Constitution.
  238         r. The home addresses, telephone numbers, dates of birth,
  239  and photographs of current or former personnel employed in an
  240  agency’s office of inspector general or internal audit
  241  department whose duties include auditing or investigating waste,
  242  fraud, abuse, theft, exploitation, or other activities that
  243  could lead to criminal prosecution or administrative discipline;
  244  the names, home addresses, telephone numbers, dates of birth,
  245  and places of employment of spouses and children of such
  246  personnel; and the names and locations of schools and day care
  247  facilities attended by the children of such personnel are exempt
  248  from s. 119.07(1) and s. 24(a), Art. I of the State
  249  Constitution.
  250         s. The home addresses, telephone numbers, dates of birth,
  251  and photographs of current or former directors, managers,
  252  supervisors, nurses, and clinical employees of an addiction
  253  treatment facility; the home addresses, telephone numbers,
  254  photographs, dates of birth, and places of employment of the
  255  spouses and children of such personnel; and the names and
  256  locations of schools and day care facilities attended by the
  257  children of such personnel are exempt from s. 119.07(1) and s.
  258  24(a), Art. I of the State Constitution. For purposes of this
  259  sub-subparagraph, the term “addiction treatment facility” means
  260  a county government, or agency thereof, that is licensed
  261  pursuant to s. 397.401 and provides substance abuse prevention,
  262  intervention, or clinical treatment, including any licensed
  263  service component described in s. 397.311(26).
  264         t. The home addresses, telephone numbers, dates of birth,
  265  and photographs of current or former directors, managers,
  266  supervisors, and clinical employees of a child advocacy center
  267  that meets the standards of s. 39.3035(2) and fulfills the
  268  screening requirement of s. 39.3035(3), and the members of a
  269  Child Protection Team as described in s. 39.303 whose duties
  270  include supporting the investigation of child abuse or sexual
  271  abuse, child abandonment, child neglect, and child exploitation
  272  or to provide services as part of a multidisciplinary case
  273  review team; the names, home addresses, telephone numbers,
  274  photographs, dates of birth, and places of employment of the
  275  spouses and children of such personnel and members; and the
  276  names and locations of schools and day care facilities attended
  277  by the children of such personnel and members are exempt from s.
  278  119.07(1) and s. 24(a), Art. I of the State Constitution.
  279         u. The home addresses, telephone numbers, places of
  280  employment, dates of birth, and photographs of current or former
  281  staff and domestic violence advocates, as defined in s.
  282  90.5036(1)(b), of domestic violence centers certified by the
  283  Department of Children and Families under chapter 39; the names,
  284  home addresses, telephone numbers, places of employment, dates
  285  of birth, and photographs of the spouses and children of such
  286  personnel; and the names and locations of schools and day care
  287  facilities attended by the children of such personnel are exempt
  288  from s. 119.07(1) and s. 24(a), Art. I of the State
  289  Constitution.
  290         v. The home addresses, telephone numbers, dates of birth,
  291  and photographs of current or former inspectors or investigators
  292  of the Department of Agriculture and Consumer Services; the
  293  names, home addresses, telephone numbers, dates of birth, and
  294  places of employment of the spouses and children of current or
  295  former inspectors or investigators; and the names and locations
  296  of schools and day care facilities attended by the children of
  297  current or former inspectors or investigators are exempt from s.
  298  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  299  sub-subparagraph is subject to the Open Government Sunset Review
  300  Act in accordance with s. 119.15 and shall stand repealed on
  301  October 2, 2028, unless reviewed and saved from repeal through
  302  reenactment by the Legislature.
  303         w.The home addresses, telephone numbers, dates of birth,
  304  and photographs of current or former personnel and commissioners
  305  of the Florida Commission on Human Relations whose duties
  306  include, or result in, the determination or adjudication of
  307  unlawful discrimination or retaliation, the investigation or
  308  prosecution of such complaints, or the intake or dismissal of
  309  such complaints; the names, home addresses, telephone numbers,
  310  dates of birth, photographs, and places of employment of the
  311  spouses and children of such personnel and commissioners; and
  312  the names and locations of schools and day care facilities
  313  attended by the children of such personnel and commissioners are
  314  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  315  Constitution. This sub-subparagraph is subject to the Open
  316  Government Sunset Review Act in accordance with s. 119.15 and
  317  shall stand repealed on October 2, 2029, unless reviewed and
  318  saved from repeal through reenactment by the Legislature.
  319         3. An agency that is the custodian of the information
  320  specified in subparagraph 2. and that is not the employer of the
  321  officer, employee, justice, judge, or other person specified in
  322  subparagraph 2. must maintain the exempt status of that
  323  information only if the officer, employee, justice, judge, other
  324  person, or employing agency of the designated employee submits a
  325  written and notarized request for maintenance of the exemption
  326  to the custodial agency. The request must state under oath the
  327  statutory basis for the individual’s exemption request and
  328  confirm the individual’s status as a party eligible for exempt
  329  status.
  330         4.a. A county property appraiser, as defined in s.
  331  192.001(3), or a county tax collector, as defined in s.
  332  192.001(4), who receives a written and notarized request for
  333  maintenance of the exemption pursuant to subparagraph 3. must
  334  comply by removing the name of the individual with exempt status
  335  and the instrument number or Official Records book and page
  336  number identifying the property with the exempt status from all
  337  publicly available records maintained by the property appraiser
  338  or tax collector. For written requests received on or before
  339  July 1, 2021, a county property appraiser or county tax
  340  collector must comply with this sub-subparagraph by October 1,
  341  2021. A county property appraiser or county tax collector may
  342  not remove the street address, legal description, or other
  343  information identifying real property within the agency’s
  344  records so long as a name or personal information otherwise
  345  exempt from inspection and copying pursuant to this section is
  346  not associated with the property or otherwise displayed in the
  347  public records of the agency.
  348         b. Any information restricted from public display,
  349  inspection, or copying under sub-subparagraph a. must be
  350  provided to the individual whose information was removed.
  351         5. An officer, an employee, a justice, a judge, or other
  352  person specified in subparagraph 2. may submit a written request
  353  for the release of his or her exempt information to the
  354  custodial agency. The written request must be notarized and must
  355  specify the information to be released and the party authorized
  356  to receive the information. Upon receipt of the written request,
  357  the custodial agency must release the specified information to
  358  the party authorized to receive such information.
  359         6. The exemptions in this paragraph apply to information
  360  held by an agency before, on, or after the effective date of the
  361  exemption.
  362         7. Information made exempt under this paragraph may be
  363  disclosed pursuant to s. 28.2221 to a title insurer authorized
  364  pursuant to s. 624.401 and its affiliates as defined in s.
  365  624.10; a title insurance agent or title insurance agency as
  366  defined in s. 626.841(1) or (2), respectively; or an attorney
  367  duly admitted to practice law in this state and in good standing
  368  with The Florida Bar.
  369         8. The exempt status of a home address contained in the
  370  Official Records is maintained only during the period when a
  371  protected party resides at the dwelling location. Upon
  372  conveyance of real property after October 1, 2021, and when such
  373  real property no longer constitutes a protected party’s home
  374  address as defined in sub-subparagraph 1.a., the protected party
  375  must submit a written request to release the removed information
  376  to the county recorder. The written request to release the
  377  removed information must be notarized, must confirm that a
  378  protected party’s request for release is pursuant to a
  379  conveyance of his or her dwelling location, and must specify the
  380  Official Records book and page, instrument number, or clerk’s
  381  file number for each document containing the information to be
  382  released.
  383         9. Upon the death of a protected party as verified by a
  384  certified copy of a death certificate or court order, any party
  385  can request the county recorder to release a protected
  386  decedent’s removed information unless there is a related request
  387  on file with the county recorder for continued removal of the
  388  decedent’s information or unless such removal is otherwise
  389  prohibited by statute or by court order. The written request to
  390  release the removed information upon the death of a protected
  391  party must attach the certified copy of a death certificate or
  392  court order and must be notarized, must confirm the request for
  393  release is due to the death of a protected party, and must
  394  specify the Official Records book and page number, instrument
  395  number, or clerk’s file number for each document containing the
  396  information to be released. A fee may not be charged for the
  397  release of any document pursuant to such request.
  398         10. Except as otherwise expressly provided in this
  399  paragraph, this paragraph is subject to the Open Government
  400  Sunset Review Act in accordance with s. 119.15 and shall stand
  401  repealed on October 2, 2024, unless reviewed and saved from
  402  repeal through reenactment by the Legislature.
  403         Section 2. The Legislature finds that it is a public
  404  necessity that the home addresses, telephone numbers, dates of
  405  birth, and photographs of current and former personnel and
  406  commissioners of the Florida Commission on Human Relations whose
  407  duties include, or result in, the determination or adjudication
  408  of unlawful discrimination or retaliation, the investigation or
  409  prosecution of such complaints, or the intake or dismissal of
  410  such complaints; the names, home addresses, telephone numbers,
  411  dates of birth, photographs, and places of employment of the
  412  spouses and children of such personnel and commissioners; and
  413  the names and locations of schools and day care facilities
  414  attended by the children of such personnel and commissioners be
  415  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  416  Article I of the State Constitution. Such personnel and
  417  commissioners and their families are at a heightened risk of
  418  physical and emotional harm from dissatisfied individuals who
  419  have contentious reactions to actions taken by the Florida
  420  Commission on Human Relations. In addition, such personnel and
  421  commissioners may be subject to threats or acts of revenge
  422  because of the duties they perform. The families of such
  423  personnel and commissioners are also endangered by people who
  424  may seek to intimidate or harm such personnel and commissioners.
  425  The Legislature finds that the harm that may result from the
  426  release of such personal identifying and location information
  427  outweighs any public benefit that may be derived from the
  428  disclosure of the information.
  429         Section 3. This act shall take effect July 1, 2024.