SESSION WATCH
THE BILL ITSELF

HB 1055

Pub. Rec./State Attorney and Office of Statewide Prosecution Nonlegal Support Staff

VERSION H 1055 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

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 state attorney and
6 Office of Statewide Prosecution nonlegal support staff
7 and the spouses and children of such nonlegal support
8 staff; providing for legislative review and repeal of
9 the exemption; providing for retroactive application
10 of the exemption; providing a statement of public
11 necessity; amending s. 744.21031, F.S.; conforming a
12 cross-reference; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
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
23 an 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. "State attorney or Office of Statewide Prosecution
31 nonlegal support staff" means an employee assigned to one of the
32 following class codes: 6031, 6032, 6033, 6034, 6035, 6141, 6142,
33 6151, 6152, 6153, 6154, 6155, 6161, 6162, 6163, 6171, 6172,
34 6173, 6174, 6180, 6211, 6212, 6213, 6214, 6215, 6326, 6327,
35 6331, 6332, 6333, 6341, 6342, 6343, 6344, 6345, 6349, 6350,
36 6391, 6392, 6393, 6395, 6407, 6408, 6409, 6417, 6418, 6441,
37 6442, 6443, 6444, 6491, 6492, 6493, 6495, 6531, 6532, 6533,
38 6534, 6541, 6542, 6543, 6544, 6545, 6549, 6561, 6562, 6563,
39 6564, 6566, 6571, 6572, 6573, 6615, 6616, 6801, 6909, 6910, or
40 6911.
41 d.c. "Telephone numbers" includes home telephone numbers,
42 personal cellular telephone numbers, personal pager telephone
43 numbers, and telephone numbers associated with personal
44 communications devices.
45 2.a. The home addresses, telephone numbers, dates of
46 birth, and photographs of active or former sworn law enforcement
47 personnel or of active or former civilian personnel employed by
48 a law enforcement agency, including correctional and
49 correctional probation officers, personnel of the Department of
50 Children and Families whose duties include the investigation of
51 abuse, neglect, exploitation, fraud, theft, or other criminal
52 activities, personnel of the Department of Health whose duties
53 are to support the investigation of child abuse or neglect, and
54 personnel of the Department of Revenue or local governments
55 whose responsibilities include revenue collection and
56 enforcement or child support enforcement; the names, home
57 addresses, telephone numbers, photographs, dates of birth, and
58 places of employment of the spouses and children of such
59 personnel; and the names and locations of schools and day care
60 facilities attended by the children of such personnel are exempt
61 from s. 119.07(1) and s. 24(a), Art. I of the State
62 Constitution.
63 b. The home addresses, telephone numbers, dates of birth,
64 and photographs of current or former nonsworn investigative
65 personnel of the Department of Financial Services whose duties
66 include the investigation of fraud, theft, workers' compensation
67 coverage requirements and compliance, other related criminal
68 activities, or state regulatory requirement violations; the
69 names, home addresses, telephone numbers, dates of birth, and
70 places of employment of the spouses and children of such
71 personnel; and the names and locations of schools and day care
72 facilities attended by the children of such personnel are exempt
73 from s. 119.07(1) and s. 24(a), Art. I of the State
74 Constitution.
75 c. The home addresses, telephone numbers, dates of birth,
76 and photographs of current or former nonsworn investigative
77 personnel of the Office of Financial Regulation's Bureau of
78 Financial Investigations whose duties include the investigation
79 of fraud, theft, other related criminal activities, or state
80 regulatory requirement violations; the names, home addresses,
81 telephone numbers, dates of birth, and places of employment of
82 the spouses and children of such personnel; and the names and
83 locations of schools and day care facilities attended by the
84 children of such personnel are exempt from s. 119.07(1) and s.
85 24(a), Art. I of the State Constitution.
86 d. The home addresses, telephone numbers, dates of birth,
87 and photographs of current or former firefighters certified in
88 compliance with s. 633.408; the names, home addresses, telephone
89 numbers, photographs, dates of birth, and places of employment
90 of the spouses and children of such firefighters; and the names
91 and locations of schools and day care facilities attended by the
92 children of such firefighters are exempt from s. 119.07(1) and
93 s. 24(a), Art. I of the State Constitution.
94 e. The home addresses, dates of birth, and telephone
95 numbers of current or former justices of the Supreme Court,
96 district court of appeal judges, circuit court judges, and
97 county court judges and current judicial assistants; the names,
98 home addresses, telephone numbers, dates of birth, and places of
99 employment of the spouses and children of current or former
100 justices and judges and current judicial assistants; and the
101 names and locations of schools and day care facilities attended
102 by the children of current or former justices and judges and of
103 current judicial assistants are exempt from s. 119.07(1) and s.
104 24(a), Art. I of the State Constitution. This sub-subparagraph
105 is subject to the Open Government Sunset Review Act in
106 accordance with s. 119.15 and shall stand repealed on October 2,
107 2028, unless reviewed and saved from repeal through reenactment
108 by the Legislature.
109 f.(I) The home addresses, telephone numbers, dates of
110 birth, and photographs of current or former state attorneys,
111 assistant state attorneys, statewide prosecutors, or assistant
112 statewide prosecutors; the names, home addresses, telephone
113 numbers, photographs, dates of birth, and places of employment
114 of the spouses and children of current or former state
115 attorneys, assistant state attorneys, statewide prosecutors, or
116 assistant statewide prosecutors; and the names and locations of
117 schools and day care facilities attended by the children of
118 current or former state attorneys, assistant state attorneys,
119 statewide prosecutors, or assistant statewide prosecutors are
120 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
121 Constitution.
122 (II) The home addresses, telephone numbers, dates of
123 birth, and photographs of current or former state attorneys,
124 assistant state attorneys, statewide prosecutors, or assistant
125 statewide prosecutors or current state attorney or Office of
126 Statewide Prosecution nonlegal support staff; the names, home
127 addresses, telephone numbers, photographs, dates of birth, and
128 places of employment of the spouses and children of current or
129 former state attorneys, assistant state attorneys, statewide
130 prosecutors, or assistant statewide prosecutors or current state
131 attorney or Office of Statewide Prosecution nonlegal support
132 staff; and the names and locations of schools and day care
133 facilities attended by the children of current or former state
134 attorneys, assistant state attorneys, statewide prosecutors, or
135 assistant statewide prosecutors or current state attorney or
136 Office of Statewide Prosecution nonlegal support staff are
137 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
138 Constitution. This sub-sub-subparagraph is subject to the Open
139 Government Sunset Review Act in accordance with s. 119.15 and
140 shall stand repealed on October 2, 2031, unless reviewed and
141 saved from repeal through reenactment by the Legislature.
142 g. The home addresses, dates of birth, and telephone
143 numbers of general magistrates, special magistrates, judges of
144 compensation claims, administrative law judges of the Division
145 of Administrative Hearings, and child support enforcement
146 hearing officers; the names, home addresses, telephone numbers,
147 dates of birth, and places of employment of the spouses and
148 children of general magistrates, special magistrates, judges of
149 compensation claims, administrative law judges of the Division
150 of Administrative Hearings, and child support enforcement
151 hearing officers; and the names and locations of schools and day
152 care facilities attended by the children of general magistrates,
153 special magistrates, judges of compensation claims,
154 administrative law judges of the Division of Administrative
155 Hearings, and child support enforcement hearing officers are
156 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
157 Constitution.
158 h. The home addresses, telephone numbers, dates of birth,
159 and photographs of current or former human resource, labor
160 relations, or employee relations directors, assistant directors,
161 managers, or assistant managers of any local government agency
162 or water management district whose duties include hiring and
163 firing employees, labor contract negotiation, administration, or
164 other personnel-related duties; the names, home addresses,
165 telephone numbers, dates of birth, and places of employment of
166 the spouses and children of such personnel; and the names and
167 locations of schools and day care facilities attended by the
168 children of such personnel are exempt from s. 119.07(1) and s.
169 24(a), Art. I of the State Constitution.
170 i. The home addresses, telephone numbers, dates of birth,
171 and photographs of current or former code enforcement officers;
172 the names, home addresses, telephone numbers, dates of birth,
173 and places of employment of the spouses and children of such
174 personnel; and the names and locations of schools and day care
175 facilities attended by the children of such personnel are exempt
176 from s. 119.07(1) and s. 24(a), Art. I of the State
177 Constitution.
178 j. The home addresses, telephone numbers, places of
179 employment, dates of birth, and photographs of current or former
180 guardians ad litem, as defined in s. 39.01; the names, home
181 addresses, telephone numbers, dates of birth, and places of
182 employment of the spouses and children of such persons; and the
183 names and locations of schools and day care facilities attended
184 by the children of such persons are exempt from s. 119.07(1) and
185 s. 24(a), Art. I of the State Constitution.
186 k. The home addresses, telephone numbers, dates of birth,
187 and photographs of current or former juvenile probation
188 officers, juvenile probation supervisors, detention
189 superintendents, assistant detention superintendents, juvenile
190 justice detention officers I and II, juvenile justice detention
191 officer supervisors, juvenile justice residential officers,
192 juvenile justice residential officer supervisors I and II,
193 juvenile justice counselors, juvenile justice counselor
194 supervisors, human services counselor administrators, senior
195 human services counselor administrators, rehabilitation
196 therapists, and social services counselors of the Department of
197 Juvenile Justice; the names, home addresses, telephone numbers,
198 dates of birth, and places of employment of spouses and children
199 of such personnel; and the names and locations of schools and
200 day care facilities attended by the children of such personnel
201 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
202 Constitution.
203 l. The home addresses, telephone numbers, dates of birth,
204 and photographs of current or former public defenders, assistant
205 public defenders, criminal conflict and civil regional counsel,
206 and assistant criminal conflict and civil regional counsel; the
207 names, home addresses, telephone numbers, dates of birth, and
208 places of employment of the spouses and children of current or
209 former public defenders, assistant public defenders, criminal
210 conflict and civil regional counsel, and assistant criminal
211 conflict and civil regional counsel; and the names and locations
212 of schools and day care facilities attended by the children of
213 current or former public defenders, assistant public defenders,
214 criminal conflict and civil regional counsel, and assistant
215 criminal conflict and civil regional counsel are exempt from s.
216 119.07(1) and s. 24(a), Art. I of the State Constitution.
217 m. The home addresses, telephone numbers, dates of birth,
218 and photographs of current or former investigators or inspectors
219 of the Department of Business and Professional Regulation; the
220 names, home addresses, telephone numbers, dates of birth, and
221 places of employment of the spouses and children of such current
222 or former investigators and inspectors; and the names and
223 locations of schools and day care facilities attended by the
224 children of such current or former investigators and inspectors
225 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
226 Constitution.
227 n. The home addresses, telephone numbers, and dates of
228 birth of county tax collectors; the names, home addresses,
229 telephone numbers, dates of birth, and places of employment of
230 the spouses and children of such tax collectors; and the names
231 and locations of schools and day care facilities attended by the
232 children of such tax collectors are exempt from s. 119.07(1) and
233 s. 24(a), Art. I of the State Constitution.
234 o. The home addresses, telephone numbers, dates of birth,
235 and photographs of current or former personnel of the Department
236 of Health whose duties include, or result in, the determination
237 or adjudication of eligibility for social security disability
238 benefits, the investigation or prosecution of complaints filed
239 against health care practitioners, or the inspection of health
240 care practitioners or health care facilities licensed by the
241 Department of Health; the names, home addresses, telephone
242 numbers, dates of birth, and places of employment of the spouses
243 and children of such personnel; and the names and locations of
244 schools and day care facilities attended by the children of such
245 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
246 the State Constitution.
247 p. The home addresses, telephone numbers, dates of birth,
248 and photographs of current or former impaired practitioner
249 consultants who are retained by an agency or current or former
250 employees of an impaired practitioner consultant whose duties
251 result in a determination of a person's skill and safety to
252 practice a licensed profession; the names, home addresses,
253 telephone numbers, dates of birth, and places of employment of
254 the spouses and children of such consultants or their employees;
255 and the names and locations of schools and day care facilities
256 attended by the children of such consultants or employees are
257 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
258 Constitution.
259 q. The home addresses, telephone numbers, dates of birth,
260 and photographs of current or former emergency medical
261 technicians or paramedics certified under chapter 401; the
262 names, home addresses, telephone numbers, dates of birth, and
263 places of employment of the spouses and children of such
264 emergency medical technicians or paramedics; and the names and
265 locations of schools and day care facilities attended by the
266 children of such emergency medical technicians or paramedics are
267 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
268 Constitution.
269 r. The home addresses, telephone numbers, dates of birth,
270 and photographs of current or former personnel employed in an
271 agency's office of inspector general or internal audit
272 department whose duties include auditing or investigating waste,
273 fraud, abuse, theft, exploitation, or other activities that
274 could lead to criminal prosecution or administrative discipline;
275 the names, home addresses, telephone numbers, dates of birth,
276 and places of employment of spouses and children of such
277 personnel; and the names and locations of schools and day care
278 facilities attended by the children of such personnel are exempt
279 from s. 119.07(1) and s. 24(a), Art. I of the State
280 Constitution.
281 s. The home addresses, telephone numbers, dates of birth,
282 and photographs of current or former directors, managers,
283 supervisors, nurses, and clinical employees of an addiction
284 treatment facility; the home addresses, telephone numbers,
285 photographs, dates of birth, and places of employment of the
286 spouses and children of such personnel; and the names and
287 locations of schools and day care facilities attended by the
288 children of such personnel are exempt from s. 119.07(1) and s.
289 24(a), Art. I of the State Constitution. For purposes of this
290 sub-subparagraph, the term "addiction treatment facility" means
291 a county government, or agency thereof, that is licensed
292 pursuant to s. 397.401 and provides substance abuse prevention,
293 intervention, or clinical treatment, including any licensed
294 service component described in s. 397.311(27).
295 t. The home addresses, telephone numbers, dates of birth,
296 and photographs of current or former directors, managers,
297 supervisors, and clinical employees of a child advocacy center
298 that meets the standards of s. 39.3035(2) and fulfills the
299 screening requirement of s. 39.3035(3), and the members of a
300 Child Protection Team as described in s. 39.303 whose duties
301 include supporting the investigation of child abuse or sexual
302 abuse, child abandonment, child neglect, and child exploitation
303 or to provide services as part of a multidisciplinary case
304 review team; the names, home addresses, telephone numbers,
305 photographs, dates of birth, and places of employment of the
306 spouses and children of such personnel and members; and the
307 names and locations of schools and day care facilities attended
308 by the children of such personnel and members are exempt from s.
309 119.07(1) and s. 24(a), Art. I of the State Constitution.
310 u. The home addresses, telephone numbers, places of
311 employment, dates of birth, and photographs of current or former
312 staff and domestic violence advocates, as defined in s.
313 90.5036(1)(b), of domestic violence centers certified by the
314 Department of Children and Families under chapter 39; the names,
315 home addresses, telephone numbers, places of employment, dates
316 of birth, and photographs of the spouses and children of such
317 personnel; and the names and locations of schools and day care
318 facilities attended by the children of such personnel are exempt
319 from s. 119.07(1) and s. 24(a), Art. I of the State
320 Constitution.
321 v. The home addresses, telephone numbers, dates of birth,
322 and photographs of current or former inspectors or investigators
323 of the Department of Agriculture and Consumer Services; the
324 names, home addresses, telephone numbers, dates of birth, and
325 places of employment of the spouses and children of current or
326 former inspectors or investigators; and the names and locations
327 of schools and day care facilities attended by the children of
328 current or former inspectors or investigators are exempt from s.
329 119.07(1) and s. 24(a), Art. I of the State Constitution. This
330 sub-subparagraph is subject to the Open Government Sunset Review
331 Act in accordance with s. 119.15 and shall stand repealed on
332 October 2, 2028, unless reviewed and saved from repeal through
333 reenactment by the Legislature.
334 w. The home addresses, telephone numbers, dates of birth,
335 and photographs of current county attorneys, assistant county
336 attorneys, deputy county attorneys, city attorneys, assistant
337 city attorneys, and deputy city attorneys; the names, home
338 addresses, telephone numbers, photographs, dates of birth, and
339 places of employment of the spouses and children of current
340 county attorneys, assistant county attorneys, deputy county
341 attorneys, city attorneys, assistant city attorneys, and deputy
342 city attorneys; and the names and locations of schools and day
343 care facilities attended by the children of current county
344 attorneys, assistant county attorneys, deputy county attorneys,
345 city attorneys, assistant city attorneys, and deputy city
346 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
347 the State Constitution. This exemption does not apply to a
348 county attorney, assistant county attorney, deputy county
349 attorney, city attorney, assistant city attorney, or deputy city
350 attorney who qualifies as a candidate for election to public
351 office. This sub-subparagraph is subject to the Open Government
352 Sunset Review Act in accordance with s. 119.15 and shall stand
353 repealed on October 2, 2029, unless reviewed and saved from
354 repeal through reenactment by the Legislature.
355 x. The home addresses, telephone numbers, dates of birth,
356 and photographs of current or former commissioners of the
357 Florida Gaming Control Commission; the names, home addresses,
358 telephone numbers, dates of birth, photographs, and places of
359 employment of the spouses and children of such current or former
360 commissioners; and the names and locations of schools and day
361 care facilities attended by the children of such current or
362 former commissioners are exempt from s. 119.07(1) and s. 24(a),
363 Art. I of the State Constitution. This sub-subparagraph is
364 subject to the Open Government Sunset Review Act in accordance
365 with s. 119.15 and shall stand repealed on October 2, 2029,
366 unless reviewed and saved from repeal through reenactment by the
367 Legislature.
368 y. The home addresses, telephone numbers, dates of birth,
369 and photographs of current clerks of the circuit court, deputy
370 clerks of the circuit court, and clerk of the circuit court
371 personnel; the names, home addresses, telephone numbers, dates
372 of birth, and places of employment of the spouses and children
373 of current clerks of the circuit court, deputy clerks of the
374 circuit court, and clerk of the circuit court personnel; and the
375 names and locations of schools and day care facilities attended
376 by the children of current clerks of the circuit court, deputy
377 clerks of the circuit court, and clerk of the circuit court
378 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
379 the State Constitution. This sub-subparagraph is subject to the
380 Open Government Sunset Review Act in accordance with s. 119.15
381 and shall stand repealed on October 2, 2029, unless reviewed and
382 saved from repeal through reenactment by the Legislature.
383 z.(I) As used in this sub-subparagraph, the term:
384 (A) "Congressional member" means a person who is elected
385 to serve as a member of the United States House of
386 Representatives or is elected or appointed to serve as a member
387 of the United States Senate.
388 (B) "Partial home address" means the dwelling location at
389 which an individual resides and includes the physical address,
390 mailing address, street address, parcel identification number,
391 plot identification number, legal property description,
392 neighborhood name and lot number, GPS coordinates, and any other
393 descriptive property information that may reveal the partial
394 home address, except for the city and zip code.
395 (C) "Public officer" means a person who holds one of the
396 following offices: Governor, Lieutenant Governor, Chief
397 Financial Officer, Attorney General, Agriculture Commissioner,
398 state representative, state senator, property appraiser,
399 supervisor of elections, school superintendent, school board
400 member, mayor, city commissioner, or county commissioner.
401 (II) The following information is exempt from s. 119.07(1)
402 and s. 24(a), Art. I of the State Constitution:
403 (A) The partial home addresses of a current congressional
404 member or public officer and his or her spouse or adult child.
405 (B) The telephone numbers of a current congressional
406 member or public officer and his or her spouse or adult child.
407 (C) The name, home addresses, telephone numbers, and date
408 of birth of a minor child of a current congressional member or
409 public officer and the name and location of the school or day
410 care facility attended by the minor child.
411 (III) This sub-subparagraph is subject to the Open
412 Government Sunset Review Act in accordance with s. 119.15 and
413 shall stand repealed on October 2, 2030, unless reviewed and
414 saved from repeal through reenactment by the Legislature.
415 3.a. An agency that is the custodian of the information
416 specified in subparagraph 2. and that is not the employer of the
417 officer, employee, justice, judge, or other person specified in
418 subparagraph 2. must maintain the exempt status of that
419 information only if the officer, employee, justice, judge, other
420 person, or employing agency of the designated employee submits a
421 written and notarized request for maintenance of the exemption
422 to the custodial agency. The request must state under oath the
423 statutory basis for the individual's exemption request and
424 confirm the individual's status as a party eligible for exempt
425 status.
426 b. An agency that is the custodian of information
427 specified in sub-subparagraph 2.z. and that is not the employer
428 of the congressional member, public officer, or other person
429 specified in sub-subparagraph 2.z. must maintain the exempt
430 status of that information only if an individual requests the
431 maintenance of an exemption pursuant to sub-subparagraph 2.z. on
432 the basis of eligibility as a current congressional member or
433 public officer and his or her spouse or child submits, as part
434 of the written and notarized request required by sub-
435 subparagraph a., the date of the congressional member's or
436 public officer's election or appointment to public office, the
437 date on which that office is next subject to election, and, if
438 applicable, the date on which the current congressional member's
439 or public officer's minor child reaches the age of majority. The
440 custodian must maintain an exemption granted pursuant to sub-
441 subparagraph 2.z. until the qualifying conditions for the
442 exemption no longer apply to the person subject to the
443 exemption.
444 4.a. A county property appraiser, as defined in s.
445 192.001(3), or a county tax collector, as defined in s.
446 192.001(4), who receives a written and notarized request for
447 maintenance of the exemption pursuant to subparagraph 3. must
448 comply by removing the name of the individual with exempt status
449 and the instrument number or Official Records book and page
450 number identifying the property with the exempt status from all
451 publicly available records maintained by the property appraiser
452 or tax collector. For written requests received on or before
453 July 1, 2021, a county property appraiser or county tax
454 collector must comply with this sub-subparagraph by October 1,
455 2021. A county property appraiser or county tax collector may
456 not remove the street address, legal description, or other
457 information identifying real property within the agency's
458 records so long as a name or personal information otherwise
459 exempt from inspection and copying pursuant to this section is
460 not associated with the property or otherwise displayed in the
461 public records of the agency.
462 b. Any information restricted from public display,
463 inspection, or copying under sub-subparagraph a. must be
464 provided to the individual whose information was removed.
465 5. An officer, an employee, a justice, a judge, or other
466 person specified in subparagraph 2. may submit a written request
467 for the release of his or her exempt information to the
468 custodial agency. The written request must be notarized and must
469 specify the information to be released and the party authorized
470 to receive the information. Upon receipt of the written request,
471 the custodial agency must release the specified information to
472 the party authorized to receive such information.
473 6. The exemptions in this paragraph apply to information
474 held by an agency before, on, or after the effective date of the
475 exemption.
476 7. Information made exempt under this paragraph may be
477 disclosed pursuant to s. 28.2221 to a title insurer authorized
478 pursuant to s. 624.401 and its affiliates as defined in s.
479 624.10; a title insurance agent or title insurance agency as
480 defined in s. 626.841(1) or (2), respectively; or an attorney
481 duly admitted to practice law in this state and in good standing
482 with The Florida Bar.
483 8. The exempt status of a home address contained in the
484 Official Records is maintained only during the period when a
485 protected party resides at the dwelling location. Upon
486 conveyance of real property after October 1, 2021, and when such
487 real property no longer constitutes a protected party's home
488 address as defined in sub-subparagraph 1.a., the protected party
489 must submit a written request to release the removed information
490 to the county recorder. The written request to release the
491 removed information must be notarized, must confirm that a
492 protected party's request for release is pursuant to a
493 conveyance of his or her dwelling location, and must specify the
494 Official Records book and page, instrument number, or clerk's
495 file number for each document containing the information to be
496 released.
497 9. Upon the death of a protected party as verified by a
498 certified copy of a death certificate or court order, any party
499 can request the county recorder to release a protected
500 decedent's removed information unless there is a related request
501 on file with the county recorder for continued removal of the
502 decedent's information or unless such removal is otherwise
503 prohibited by statute or by court order. The written request to
504 release the removed information upon the death of a protected
505 party must attach the certified copy of a death certificate or
506 court order and must be notarized, must confirm the request for
507 release is due to the death of a protected party, and must
508 specify the Official Records book and page number, instrument
509 number, or clerk's file number for each document containing the
510 information to be released. A fee may not be charged for the
511 release of any document pursuant to such request.
512 Section 2. The Legislature finds that it is a public
513 necessity that the home addresses, telephone numbers, dates of
514 birth, and photographs of current state attorney and Office of
515 Statewide Prosecution nonlegal support staff; the names, home
516 addresses, telephone numbers, photographs, dates of birth, and
517 places of employment of the spouses and children of such
518 nonlegal support staff; and the names and locations of schools
519 and day care facilities attended by the children of such
520 nonlegal support staff be made exempt from s. 119.07(1), Florida
521 Statutes, and s. 24(a), Article I of the State Constitution.
522 Such personal identifying and location information can be used
523 as a tool to perpetrate fraud against an individual or to
524 acquire sensitive personal, financial, medical, and familial
525 information, the release of which could cause great financial
526 harm to the individual. In the course of assisting in reviewing
527 criminal prosecution cases; assisting assistant state attorneys
528 and assistant statewide prosecutors; maintaining contact with
529 victims, witnesses, criminal defense attorneys, judicial
530 assistants, and law enforcement; and possessing and handling
531 sensitive criminal justice information and personal identifying
532 and location information, including, but not limited to,
533 biometric data, identity history data, biographic data, property
534 data, and case and incident history data within strict security
535 protocols, such nonlegal support staff may incur the ill will of
536 litigants, the accused, the convicted, and the associates and
537 families of such litigants, accused, and convicted, thus making
538 such nonlegal support staff and the spouses and children of such
539 nonlegal support staff targets for acts of revenge. If such
540 personal identifying and location information is released, the
541 safety of such nonlegal support staff and the spouses and
542 children of such nonlegal support staff could be seriously
543 jeopardized. For these reasons, the Legislature finds that it is
544 a public necessity that such personal identifying and location
545 information be made exempt from public records requirements.
546 Section 3. Paragraph (c) of subsection (1) of section
547 744.21031, Florida Statutes, is amended to read:
548 744.21031 Public records exemption.—
549 (1) For purposes of this section, the term:
550 (c) "Telephone numbers" has the same meaning as provided
551 in s. 119.071(4)(d)1.d. s. 119.071(4)(d)1.c.
552 Section 4. This act shall take effect October 1, 2026.