Bill Text: FL S0862 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/County Administrators and City Managers

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Rules [S0862 Detail]

Download: Florida-2024-S0862-Introduced.html

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       Florida Senate - 2024                                     SB 862
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00719A-24                                           2024862__
    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 county administrators,
    6         deputy county administrators, assistant county
    7         administrators, city managers, deputy city managers,
    8         and assistant city managers, including the names and
    9         personal identifying and location information of the
   10         spouses and children of current county administrators,
   11         deputy county administrators, assistant county
   12         administrators, city managers, deputy city managers,
   13         and assistant city managers; providing for future
   14         legislative review and repeal; providing for
   15         retroactive application; providing a statement of
   16         public necessity; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (d) of subsection (4) of section
   21  119.071, Florida Statutes, is amended to read:
   22         119.071 General exemptions from inspection or copying of
   23  public records.—
   24         (4) AGENCY PERSONNEL INFORMATION.—
   25         (d)1. For purposes of this paragraph, the term:
   26         a. “Home addresses” means the dwelling location at which an
   27  individual resides and includes the physical address, mailing
   28  address, street address, parcel identification number, plot
   29  identification number, legal property description, neighborhood
   30  name and lot number, GPS coordinates, and any other descriptive
   31  property information that may reveal the home address.
   32         b. “Judicial assistant” means a court employee assigned to
   33  the following class codes: 8140, 8150, 8310, and 8320.
   34         c. “Telephone numbers” includes home telephone numbers,
   35  personal cellular telephone numbers, personal pager telephone
   36  numbers, and telephone numbers associated with personal
   37  communications devices.
   38         2.a. The home addresses, telephone numbers, dates of birth,
   39  and photographs of active or former sworn law enforcement
   40  personnel or of active or former civilian personnel employed by
   41  a law enforcement agency, including correctional and
   42  correctional probation officers, personnel of the Department of
   43  Children and Families whose duties include the investigation of
   44  abuse, neglect, exploitation, fraud, theft, or other criminal
   45  activities, personnel of the Department of Health whose duties
   46  are to support the investigation of child abuse or neglect, and
   47  personnel of the Department of Revenue or local governments
   48  whose responsibilities include revenue collection and
   49  enforcement or child support enforcement; the names, home
   50  addresses, telephone numbers, photographs, dates of birth, and
   51  places of employment of the spouses and children of such
   52  personnel; and the names and locations of schools and day care
   53  facilities attended by the children of such personnel are exempt
   54  from s. 119.07(1) and s. 24(a), Art. I of the State
   55  Constitution.
   56         b. The home addresses, telephone numbers, dates of birth,
   57  and photographs of current or former nonsworn investigative
   58  personnel of the Department of Financial Services whose duties
   59  include the investigation of fraud, theft, workers’ compensation
   60  coverage requirements and compliance, other related criminal
   61  activities, or state regulatory requirement violations; the
   62  names, home addresses, telephone numbers, dates of birth, and
   63  places of employment of the spouses and children of such
   64  personnel; and the names and locations of schools and day care
   65  facilities attended by the children of such personnel are exempt
   66  from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution.
   68         c. The home addresses, telephone numbers, dates of birth,
   69  and photographs of current or former nonsworn investigative
   70  personnel of the Office of Financial Regulation’s Bureau of
   71  Financial Investigations whose duties include the investigation
   72  of fraud, theft, other related criminal activities, or state
   73  regulatory requirement violations; the names, home addresses,
   74  telephone numbers, dates of birth, and places of employment of
   75  the spouses and children of such personnel; and the names and
   76  locations of schools and day care facilities attended by the
   77  children of such personnel are exempt from s. 119.07(1) and s.
   78  24(a), Art. I of the State Constitution.
   79         d. The home addresses, telephone numbers, dates of birth,
   80  and photographs of current or former firefighters certified in
   81  compliance with s. 633.408; the names, home addresses, telephone
   82  numbers, photographs, dates of birth, and places of employment
   83  of the spouses and children of such firefighters; and the names
   84  and locations of schools and day care facilities attended by the
   85  children of such firefighters are exempt from s. 119.07(1) and
   86  s. 24(a), Art. I of the State Constitution.
   87         e. The home addresses, dates of birth, and telephone
   88  numbers of current or former justices of the Supreme Court,
   89  district court of appeal judges, circuit court judges, and
   90  county court judges, and of current judicial assistants; the
   91  names, home addresses, telephone numbers, dates of birth, and
   92  places of employment of the spouses and children of current or
   93  former justices and judges and of current judicial assistants;
   94  and the names and locations of schools and day care facilities
   95  attended by the children of current or former justices and
   96  judges and of current judicial assistants are exempt from s.
   97  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   98  sub-subparagraph is subject to the Open Government Sunset Review
   99  Act in accordance with s. 119.15 and shall stand repealed on
  100  October 2, 2028, unless reviewed and saved from repeal through
  101  reenactment by the Legislature.
  102         f. The home addresses, telephone numbers, dates of birth,
  103  and photographs of current or former state attorneys, assistant
  104  state attorneys, statewide prosecutors, or assistant statewide
  105  prosecutors; the names, home addresses, telephone numbers,
  106  photographs, dates of birth, and places of employment of the
  107  spouses and children of current or former state attorneys,
  108  assistant state attorneys, statewide prosecutors, or assistant
  109  statewide prosecutors; and the names and locations of schools
  110  and day care facilities attended by the children of current or
  111  former state attorneys, assistant state attorneys, statewide
  112  prosecutors, or assistant statewide prosecutors are exempt from
  113  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  114         g. The home addresses, dates of birth, and telephone
  115  numbers of general magistrates, special magistrates, judges of
  116  compensation claims, administrative law judges of the Division
  117  of Administrative Hearings, and child support enforcement
  118  hearing officers; the names, home addresses, telephone numbers,
  119  dates of birth, and places of employment of the spouses and
  120  children of general magistrates, special magistrates, judges of
  121  compensation claims, administrative law judges of the Division
  122  of Administrative Hearings, and child support enforcement
  123  hearing officers; and the names and locations of schools and day
  124  care facilities attended by the children of general magistrates,
  125  special magistrates, judges of compensation claims,
  126  administrative law judges of the Division of Administrative
  127  Hearings, and child support enforcement hearing officers are
  128  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  129  Constitution.
  130         h. The home addresses, telephone numbers, dates of birth,
  131  and photographs of current or former human resource, labor
  132  relations, or employee relations directors, assistant directors,
  133  managers, or assistant managers of any local government agency
  134  or water management district whose duties include hiring and
  135  firing employees, labor contract negotiation, administration, or
  136  other personnel-related duties; the names, home addresses,
  137  telephone numbers, dates of birth, and places of employment of
  138  the spouses and children of such personnel; and the names and
  139  locations of schools and day care facilities attended by the
  140  children of such personnel are exempt from s. 119.07(1) and s.
  141  24(a), Art. I of the State Constitution.
  142         i. The home addresses, telephone numbers, dates of birth,
  143  and photographs of current or former code enforcement officers;
  144  the names, home addresses, telephone numbers, dates of birth,
  145  and places of employment of the spouses and children of such
  146  personnel; and the names and locations of schools and day care
  147  facilities attended by the children of such personnel are exempt
  148  from s. 119.07(1) and s. 24(a), Art. I of the State
  149  Constitution.
  150         j. The home addresses, telephone numbers, places of
  151  employment, dates of birth, and photographs of current or former
  152  guardians ad litem, as defined in s. 39.820; the names, home
  153  addresses, telephone numbers, dates of birth, and places of
  154  employment of the spouses and children of such persons; and the
  155  names and locations of schools and day care facilities attended
  156  by the children of such persons are exempt from s. 119.07(1) and
  157  s. 24(a), Art. I of the State Constitution.
  158         k. The home addresses, telephone numbers, dates of birth,
  159  and photographs of current or former juvenile probation
  160  officers, juvenile probation supervisors, detention
  161  superintendents, assistant detention superintendents, juvenile
  162  justice detention officers I and II, juvenile justice detention
  163  officer supervisors, juvenile justice residential officers,
  164  juvenile justice residential officer supervisors I and II,
  165  juvenile justice counselors, juvenile justice counselor
  166  supervisors, human services counselor administrators, senior
  167  human services counselor administrators, rehabilitation
  168  therapists, and social services counselors of the Department of
  169  Juvenile Justice; the names, home addresses, telephone numbers,
  170  dates of birth, and places of employment of spouses and children
  171  of such personnel; and the names and locations of schools and
  172  day care facilities attended by the children of such personnel
  173  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  174  Constitution.
  175         l. The home addresses, telephone numbers, dates of birth,
  176  and photographs of current or former public defenders, assistant
  177  public defenders, criminal conflict and civil regional counsel,
  178  and assistant criminal conflict and civil regional counsel; the
  179  names, home addresses, telephone numbers, dates of birth, and
  180  places of employment of the spouses and children of current or
  181  former public defenders, assistant public defenders, criminal
  182  conflict and civil regional counsel, and assistant criminal
  183  conflict and civil regional counsel; and the names and locations
  184  of schools and day care facilities attended by the children of
  185  current or former public defenders, assistant public defenders,
  186  criminal conflict and civil regional counsel, and assistant
  187  criminal conflict and civil regional counsel are exempt from s.
  188  119.07(1) and s. 24(a), Art. I of the State Constitution.
  189         m. The home addresses, telephone numbers, dates of birth,
  190  and photographs of current or former investigators or inspectors
  191  of the Department of Business and Professional Regulation; the
  192  names, home addresses, telephone numbers, dates of birth, and
  193  places of employment of the spouses and children of such current
  194  or former investigators and inspectors; and the names and
  195  locations of schools and day care facilities attended by the
  196  children of such current or former investigators and inspectors
  197  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  198  Constitution.
  199         n. The home addresses, telephone numbers, and dates of
  200  birth of county tax collectors; the names, home addresses,
  201  telephone numbers, dates of birth, and places of employment of
  202  the spouses and children of such tax collectors; and the names
  203  and locations of schools and day care facilities attended by the
  204  children of such tax collectors are exempt from s. 119.07(1) and
  205  s. 24(a), Art. I of the State Constitution.
  206         o. The home addresses, telephone numbers, dates of birth,
  207  and photographs of current or former personnel of the Department
  208  of Health whose duties include, or result in, the determination
  209  or adjudication of eligibility for social security disability
  210  benefits, the investigation or prosecution of complaints filed
  211  against health care practitioners, or the inspection of health
  212  care practitioners or health care facilities licensed by the
  213  Department of Health; the names, home addresses, telephone
  214  numbers, dates of birth, and places of employment of the spouses
  215  and children of such personnel; and the names and locations of
  216  schools and day care facilities attended by the children of such
  217  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  218  the State Constitution.
  219         p. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former impaired practitioner
  221  consultants who are retained by an agency or current or former
  222  employees of an impaired practitioner consultant whose duties
  223  result in a determination of a person’s skill and safety to
  224  practice a licensed profession; the names, home addresses,
  225  telephone numbers, dates of birth, and places of employment of
  226  the spouses and children of such consultants or their employees;
  227  and the names and locations of schools and day care facilities
  228  attended by the children of such consultants or employees are
  229  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  230  Constitution.
  231         q. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former emergency medical
  233  technicians or paramedics certified under chapter 401; the
  234  names, home addresses, telephone numbers, dates of birth, and
  235  places of employment of the spouses and children of such
  236  emergency medical technicians or paramedics; and the names and
  237  locations of schools and day care facilities attended by the
  238  children of such emergency medical technicians or paramedics are
  239  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  240  Constitution.
  241         r. The home addresses, telephone numbers, dates of birth,
  242  and photographs of current or former personnel employed in an
  243  agency’s office of inspector general or internal audit
  244  department whose duties include auditing or investigating waste,
  245  fraud, abuse, theft, exploitation, or other activities that
  246  could lead to criminal prosecution or administrative discipline;
  247  the names, home addresses, telephone numbers, dates of birth,
  248  and places of employment of spouses and children of such
  249  personnel; and the names and locations of schools and day care
  250  facilities attended by the children of such personnel are exempt
  251  from s. 119.07(1) and s. 24(a), Art. I of the State
  252  Constitution.
  253         s. The home addresses, telephone numbers, dates of birth,
  254  and photographs of current or former directors, managers,
  255  supervisors, nurses, and clinical employees of an addiction
  256  treatment facility; the home addresses, telephone numbers,
  257  photographs, dates of birth, and places of employment of the
  258  spouses and children of such personnel; and the names and
  259  locations of schools and day care facilities attended by the
  260  children of such personnel are exempt from s. 119.07(1) and s.
  261  24(a), Art. I of the State Constitution. For purposes of this
  262  sub-subparagraph, the term “addiction treatment facility” means
  263  a county government, or agency thereof, that is licensed
  264  pursuant to s. 397.401 and provides substance abuse prevention,
  265  intervention, or clinical treatment, including any licensed
  266  service component described in s. 397.311(26).
  267         t. The home addresses, telephone numbers, dates of birth,
  268  and photographs of current or former directors, managers,
  269  supervisors, and clinical employees of a child advocacy center
  270  that meets the standards of s. 39.3035(2) and fulfills the
  271  screening requirement of s. 39.3035(3), and the members of a
  272  Child Protection Team as described in s. 39.303 whose duties
  273  include supporting the investigation of child abuse or sexual
  274  abuse, child abandonment, child neglect, and child exploitation
  275  or to provide services as part of a multidisciplinary case
  276  review team; the names, home addresses, telephone numbers,
  277  photographs, dates of birth, and places of employment of the
  278  spouses and children of such personnel and members; and the
  279  names and locations of schools and day care facilities attended
  280  by the children of such personnel and members are exempt from s.
  281  119.07(1) and s. 24(a), Art. I of the State Constitution.
  282         u. The home addresses, telephone numbers, places of
  283  employment, dates of birth, and photographs of current or former
  284  staff and domestic violence advocates, as defined in s.
  285  90.5036(1)(b), of domestic violence centers certified by the
  286  Department of Children and Families under chapter 39; the names,
  287  home addresses, telephone numbers, places of employment, dates
  288  of birth, and photographs of the spouses and children of such
  289  personnel; and the names and locations of schools and day care
  290  facilities attended by the children of such personnel are exempt
  291  from s. 119.07(1) and s. 24(a), Art. I of the State
  292  Constitution.
  293         v. The home addresses, telephone numbers, dates of birth,
  294  and photographs of current or former inspectors or investigators
  295  of the Department of Agriculture and Consumer Services; the
  296  names, home addresses, telephone numbers, dates of birth, and
  297  places of employment of the spouses and children of current or
  298  former inspectors or investigators; and the names and locations
  299  of schools and day care facilities attended by the children of
  300  current or former inspectors or investigators are exempt from s.
  301  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  302  sub-subparagraph is subject to the Open Government Sunset Review
  303  Act in accordance with s. 119.15 and shall stand repealed on
  304  October 2, 2028, unless reviewed and saved from repeal through
  305  reenactment by the Legislature.
  306         w. The home addresses, telephone numbers, and dates of
  307  birth of current county administrators, deputy county
  308  administrators, assistant county administrators, city managers,
  309  deputy city managers, and assistant city managers; the names,
  310  home addresses, telephone numbers, dates of birth, photographs,
  311  and places of employment of the spouses and children of current
  312  county administrators, deputy county administrators, assistant
  313  county administrators, city managers, deputy city managers, and
  314  assistant city managers; and the names and locations of schools
  315  and day care facilities attended by the children of current
  316  county administrators, deputy county administrators, assistant
  317  county administrators, city managers, deputy city managers, and
  318  assistant city managers are exempt from s. 119.07(1) and s.
  319  24(a), Art. I of the State Constitution. This sub-subparagraph
  320  is subject to the Open Government Sunset Review Act in
  321  accordance with s. 119.15 and shall stand repealed on October 2,
  322  2029, unless reviewed and saved from repeal through reenactment
  323  by the Legislature.
  324         3. An agency that is the custodian of the information
  325  specified in subparagraph 2. and that is not the employer of the
  326  officer, employee, justice, judge, or other person specified in
  327  subparagraph 2. must maintain the exempt status of that
  328  information only if the officer, employee, justice, judge, other
  329  person, or employing agency of the designated employee submits a
  330  written and notarized request for maintenance of the exemption
  331  to the custodial agency. The request must state under oath the
  332  statutory basis for the individual’s exemption request and
  333  confirm the individual’s status as a party eligible for exempt
  334  status.
  335         4.a. A county property appraiser, as defined in s.
  336  192.001(3), or a county tax collector, as defined in s.
  337  192.001(4), who receives a written and notarized request for
  338  maintenance of the exemption pursuant to subparagraph 3. must
  339  comply by removing the name of the individual with exempt status
  340  and the instrument number or Official Records book and page
  341  number identifying the property with the exempt status from all
  342  publicly available records maintained by the property appraiser
  343  or tax collector. For written requests received on or before
  344  July 1, 2021, a county property appraiser or county tax
  345  collector must comply with this sub-subparagraph by October 1,
  346  2021. A county property appraiser or county tax collector may
  347  not remove the street address, legal description, or other
  348  information identifying real property within the agency’s
  349  records so long as a name or personal information otherwise
  350  exempt from inspection and copying pursuant to this section is
  351  not associated with the property or otherwise displayed in the
  352  public records of the agency.
  353         b. Any information restricted from public display,
  354  inspection, or copying under sub-subparagraph a. must be
  355  provided to the individual whose information was removed.
  356         5. An officer, an employee, a justice, a judge, or other
  357  person specified in subparagraph 2. may submit a written request
  358  for the release of his or her exempt information to the
  359  custodial agency. The written request must be notarized and must
  360  specify the information to be released and the party authorized
  361  to receive the information. Upon receipt of the written request,
  362  the custodial agency must release the specified information to
  363  the party authorized to receive such information.
  364         6. The exemptions in this paragraph apply to information
  365  held by an agency before, on, or after the effective date of the
  366  exemption.
  367         7. Information made exempt under this paragraph may be
  368  disclosed pursuant to s. 28.2221 to a title insurer authorized
  369  pursuant to s. 624.401 and its affiliates as defined in s.
  370  624.10; a title insurance agent or title insurance agency as
  371  defined in s. 626.841(1) or (2), respectively; or an attorney
  372  duly admitted to practice law in this state and in good standing
  373  with The Florida Bar.
  374         8. The exempt status of a home address contained in the
  375  Official Records is maintained only during the period when a
  376  protected party resides at the dwelling location. Upon
  377  conveyance of real property after October 1, 2021, and when such
  378  real property no longer constitutes a protected party’s home
  379  address as defined in sub-subparagraph 1.a., the protected party
  380  must submit a written request to release the removed information
  381  to the county recorder. The written request to release the
  382  removed information must be notarized, must confirm that a
  383  protected party’s request for release is pursuant to a
  384  conveyance of his or her dwelling location, and must specify the
  385  Official Records book and page, instrument number, or clerk’s
  386  file number for each document containing the information to be
  387  released.
  388         9. Upon the death of a protected party as verified by a
  389  certified copy of a death certificate or court order, any party
  390  can request the county recorder to release a protected
  391  decedent’s removed information unless there is a related request
  392  on file with the county recorder for continued removal of the
  393  decedent’s information or unless such removal is otherwise
  394  prohibited by statute or by court order. The written request to
  395  release the removed information upon the death of a protected
  396  party must attach the certified copy of a death certificate or
  397  court order and must be notarized, must confirm the request for
  398  release is due to the death of a protected party, and must
  399  specify the Official Records book and page number, instrument
  400  number, or clerk’s file number for each document containing the
  401  information to be released. A fee may not be charged for the
  402  release of any document pursuant to such request.
  403         10. Except as otherwise expressly provided in this
  404  paragraph, this paragraph is subject to the Open Government
  405  Sunset Review Act in accordance with s. 119.15 and shall stand
  406  repealed on October 2, 2024, unless reviewed and saved from
  407  repeal through reenactment by the Legislature.
  408         Section 2. The Legislature finds that it is a public
  409  necessity that the home addresses, telephone numbers, and dates
  410  of birth of current county administrators, deputy county
  411  administrators, assistant county administrators, city managers,
  412  deputy city managers, and assistant city managers; the names,
  413  home addresses, telephone numbers, dates of birth, photographs,
  414  and places of employment of the spouses and children of current
  415  county administrators, deputy county administrators, assistant
  416  county administrators, city managers, deputy city managers, and
  417  assistant city managers; and the names and locations of schools
  418  and day care facilities attended by the children of current
  419  county administrators, deputy county administrators, assistant
  420  county administrators, city managers, deputy city managers, and
  421  assistant city managers be made exempt from s. 119.07(1),
  422  Florida Statutes, and s. 24(a), Article I of the State
  423  Constitution. Such identifying and location information can be
  424  used as a tool to perpetrate fraud against an individual or to
  425  acquire sensitive personal, financial, medical, or familial
  426  information, the release of which could cause great financial or
  427  professional harm to the individual. In the course of performing
  428  their managerial functions, current county administrators,
  429  deputy county administrators, assistant county administrators,
  430  city managers, deputy city managers, and assistant city managers
  431  may make decisions and determinations that upset members of the
  432  public and may incur the ill will of those residents, making
  433  current county administrators, deputy county administrators,
  434  assistant county administrators, city managers, deputy city
  435  managers, and assistant city managers and their spouses and
  436  children targets for acts of revenge. If such identifying and
  437  location information is released, the safety of current county
  438  administrators, deputy county administrators, assistant county
  439  administrators, city managers, deputy city managers, and
  440  assistant city managers and their spouses and children could be
  441  seriously jeopardized. For these reasons, the Legislature finds
  442  that it is a public necessity that such information be made
  443  exempt from public records requirements.
  444         Section 3. This act shall take effect July 1, 2024.