Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 268
Ì519420xÎ519420
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/02/2026 .
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The Committee on Health Policy (Rodriguez) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (l) is added to subsection (5) of
6 section 119.071, Florida Statutes, to read:
7 119.071 General exemptions from inspection or copying of
8 public records.—
9 (5) OTHER PERSONAL INFORMATION.—
10 (l)1. For purposes of this paragraph, the term “emergency
11 department physician” means a physician licensed under chapter
12 458 or chapter 459 whose duties are performed in a hospital
13 emergency department licensed under chapter 395.
14 2. The home addresses, personal telephone numbers, and
15 dates of birth of current emergency department physicians; the
16 names, home addresses, personal telephone numbers, dates of
17 birth, and places of employment of the spouses and children
18 younger than 26 years of age of such emergency department
19 physicians; and the names and locations of schools and day care
20 facilities attended by the children younger than 26 years of age
21 of such emergency department physicians are exempt from s.
22 119.07(1) and s. 24(a), Art. I of the State Constitution.
23 3. The exemption in subparagraph 2. applies to information
24 held by an agency before, on, or after the effective date of the
25 exemption.
26 4. An agency that is the custodian of information specified
27 in subparagraph 2. and that is not the employer of the emergency
28 department physician must maintain the exempt status of that
29 information only if the individual requests the maintenance of
30 an exemption under subparagraph 2. on the basis of eligibility
31 as a current emergency department physician or the spouse or
32 child of such emergency department physician and the individual
33 submits a written and notarized request for maintenance of the
34 exemption to the custodial agency. The request must state under
35 oath the statutory basis for the individual’s exemption request
36 and confirm the individual’s eligibility for the exemption. An
37 individual who has submitted such a request has a duty to
38 withdraw the request if the exemption no longer applies to the
39 individual. If a custodial agency receives a request meeting the
40 requirements of this subparagraph, the custodial agency must
41 maintain the exempt status of such information applicable to the
42 individual until the qualifying conditions for the exemption
43 under subparagraph 2. no longer apply to the individual subject
44 to the exemption.
45 5. This paragraph is subject to the Open Government Sunset
46 Review Act in accordance with s. 119.15 and shall stand repealed
47 on October 2, 2031, unless reviewed and saved from repeal
48 through reenactment by the Legislature.
49 Section 2. The Legislature finds that it is a public
50 necessity that the home addresses, personal telephone numbers,
51 and dates of birth of current emergency department physicians;
52 the names, home addresses, personal telephone numbers, and
53 places of employment of the spouses and children younger than 26
54 years of age of such emergency department physicians; and the
55 names and locations of schools and day care facilities attended
56 by the children younger than 26 years of age of such emergency
57 department physicians be made exempt from public records
58 requirements. Emergency department physicians, by the nature of
59 their duties, are often placed in traumatic circumstances in
60 which loss of life and severe bodily injuries have occurred.
61 Such emergency department physicians are particularly vulnerable
62 to physical violence, harassment, and intimidation perpetrated
63 by patients or relatives of patients who can be violent, angry,
64 or mentally unstable. As a result, the Legislature finds that
65 the release of personal identifying and location information of
66 emergency department physicians, or of the spouses and children
67 of such emergency department physicians, could place them in
68 danger of being physically or emotionally harmed or stalked by a
69 person who has a hostile reaction to his or her encounter with
70 such physicians. The Legislature further finds that the harm
71 that may result from the release of such personal identifying
72 and location information outweighs any public benefit that may
73 be derived from the disclosure of the information.
74 Section 3. This act shall take effect July 1, 2026.
75
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete everything before the enacting clause
79 and insert:
80 A bill to be entitled
81 An act relating to public records; amending s.
82 119.071, F.S.; defining the term “emergency department
83 physician”; providing exemptions from public records
84 requirements for the personal identifying and location
85 information of current emergency department physicians
86 and the spouses and certain children of such emergency
87 department physicians; providing for retroactive
88 application of the exemption; requiring certain
89 agencies that are custodians of the exempt information
90 to maintain the exempt status of such information
91 under certain circumstances; specifying procedures for
92 requesting an agency to maintain the exempt status of
93 such information; providing that an individual has a
94 duty to withdraw a request if the exemption no longer
95 applies to him or her; requiring custodial agencies to
96 maintain the exempt status of such information until
97 the exemption no longer applies to the individual;
98 providing for future legislative review and repeal of
99 the exemption; providing a statement of public
100 necessity; providing an effective date.