THE BILL ITSELF
CS/HB 21
Pub. Rec./Agency Employees
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A bill to be entitled
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An act relating to public records; amending s.
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119.071, F.S.; providing definitions; providing an
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exemption from public record requirements for certain
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identifying and location information of current or
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former agency employees and the spouses and children
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of such employees; providing for retroactive
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application; specifying that the exemption does not
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limit certain existing exemptions; providing for
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future legislative review and repeal of the exemption;
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amending ss. 28.2221, 119.0714, 409.2577, and
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744.21031, F.S.; conforming cross-references to
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changes made by the act; providing a statement of
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public necessity; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (d) and (e) of subsection (4) of
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section 119.071, Florida Statutes, are redesignated as
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paragraphs (e) and (f), respectively, and a new paragraph (d) is
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added to that subsection to read:
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119.071 General exemptions from inspection or copying of
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public records.—
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(4) AGENCY PERSONNEL INFORMATION.—
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(d)1. For purposes of this paragraph, the term:
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a. "Home addresses" means the dwelling location at which
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an individual resides and includes the physical address, mailing
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address, and street address.
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b. "Telephone numbers" includes home telephone numbers,
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personal cellular telephone numbers, personal pager telephone
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numbers, and telephone numbers associated with personal
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communications devices.
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2. The home addresses, telephone numbers, personal
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electronic mail addresses, and dates of birth of current or
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former agency employees; the names, home addresses, telephone
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numbers, personal electronic mail addresses, dates of birth, and
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places of employment of the spouses and children of such
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employees; and the names and locations of schools and day care
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facilities attended by the children of such employees held by
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the employing agency are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution. This exemption applies to such
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information held by an employing agency before, on, or after the
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effective date of this exemption.
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3. The exemption provided in subparagraph 2. does not
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limit any exemption contained in paragraph (e).
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4. This paragraph is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2031, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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Section 2. Paragraph (b) of subsection (2) and paragraph
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(b) of subsection (6) of section 28.2221, Florida Statutes, are
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amended to read:
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28.2221 Electronic access to official records.—
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(2)
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(b) Unless otherwise required by the court, a county
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recorder may not remove the grantor name, grantee name, or party
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name from the register of the Official Records, as described in
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s. 28.222(2), and the index on the publicly available Internet
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website on the basis of an exemption as defined in s. 119.011
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unless the name of the grantor or grantee includes the street
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address portion of the home address as defined in s.
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119.071(4)(e) s. 119.071(4)(d), in which case the county
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recorder must remove the street address portion from display.
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Home addresses, as defined in s. 119.071(4)(e) s. 119.071(4)(d),
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which are exempt from inspection or copying under s. 119.071
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must be included within the Official Records as described in s.
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28.222(2) but may not be included within the index or otherwise
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displayed on the county recorder's publicly available Internet
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website on which images or copies of the county's official
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records are placed.
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(6)
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(b)1. For the purpose of conducting a title search, as
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defined in s. 627.7711(4), of the Official Records, as described
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in s. 28.222(2), and upon presentation of photo identification
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and affirmation by sworn affidavit consistent with s. 92.50 to
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the county recorder, information restricted from public display,
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inspection, or copying under paragraph (5)(a) pursuant to a
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request for removal made under s. 119.071(4)(e) s. 119.071(4)(d)
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may be disclosed to:
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a. A title insurer authorized pursuant to s. 624.401 and
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its affiliates as defined in s. 624.10;
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b. A title insurance agent or title insurance agency as
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defined in s. 626.841(1) and (2), respectively; or
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c. An attorney duly admitted to practice law in this state
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and in good standing with The Florida Bar.
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2. The photo identification and affirmation by sworn
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affidavit may be delivered in person, by mail, or by electronic
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transmission to the county recorder.
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3. The affiant requestor must attest to his or her
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authority and the authorized purpose to access exempt
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information pursuant to this section for the property specified
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within the sworn affidavit.
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4. The affiant requestor must identify the Official
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Records book and page number, instrument number, or the clerk's
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file number for each document requested within the sworn
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affidavit and must include a description of the lawful purpose
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and identify the individual or property that is the subject of
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the search within the sworn affidavit.
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5. Affidavits submitted by a title insurer, title
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insurance agent, or title insurance agency must include the
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Florida Company Code or the license number, as applicable, and
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an attestation to the affiant requestor's authorization to
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transact business in this state. Affidavits submitted by an
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attorney authorized under this section must include the affiant
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requestor's Florida Bar number and a statement that the affiant
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requestor has an agency agreement with a title insurer directly
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or through his or her law firm.
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6. The county recorder must record such affidavit in the
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Official Records, as described in s. 28.222(2), but may not
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place the image or copy of the affidavit on a publicly available
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Internet website for general public display.
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7. Upon providing a document disclosing redacted
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information to an affiant requestor under this section, the
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county recorder must provide a copy of the affidavit requesting
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disclosure of the redacted information to each affected party at
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the address listed on the document or on the request for removal
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made by the affected party under s. 119.071. The county recorder
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must prepare a certificate of mailing to be affixed to the
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affidavit and must receive the statutory service charges as
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prescribed by s. 28.24 from the affiant requestor.
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8. Any party making a false attestation under this section
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is subject to the penalty of perjury under s. 837.012.
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Section 3. Paragraph (f) of subsection (2) and paragraph
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(f) of subsection (3) of section 119.0714, Florida Statutes, are
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amended to read:
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119.0714 Court files; court records; official records.—
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(2) COURT RECORDS.—
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(f) A request for maintenance of a public records
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exemption in s. 119.071(4)(e)2. s. 119.071(4)(d)2. made pursuant
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to s. 119.071(4)(e)3. s. 119.071(4)(d)3. must specify the
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document type, name, identification number, and page number of
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the court record that contains the exempt information.
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(3) OFFICIAL RECORDS.—A person who prepares or files a
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record for recording in the official records as provided in
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chapter 28 may not include in that record a social security
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number or a bank account, debit, charge, or credit card number
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unless otherwise expressly required by law.
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(f) A request for maintenance of a public records
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exemption in s. 119.071(4)(e)2. s. 119.071(4)(d)2. made pursuant
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to s. 119.071(4)(e)3. s. 119.071(4)(d)3. must specify the
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document type, name, identification number, and page number of
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the official record that contains the exempt information.
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Section 4. Section 409.2577, Florida Statutes, is amended
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to read:
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409.2577 Parent locator service.—The department shall
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establish a parent locator service to assist in locating parents
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who have deserted their children and other persons liable for
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support of dependent children. The department shall use all
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sources of information available, including the Federal Parent
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Locator Service, and may request and shall receive information
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from the records of any person or the state or any of its
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political subdivisions or any officer thereof. Any agency as
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defined in s. 120.52, any political subdivision, and any other
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person shall, upon request, provide the department any
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information relating to location, salary, insurance, social
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security, income tax, and employment history necessary to locate
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parents who owe or potentially owe a duty of support pursuant to
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Title IV-D of the Social Security Act. This provision shall
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expressly take precedence over any other statutory nondisclosure
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provision which limits the ability of an agency to disclose such
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information, except that law enforcement information as provided
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in s. 119.071(4)(e) s. 119.071(4)(d) is not required to be
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disclosed, and except that confidential taxpayer information
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possessed by the Department of Revenue shall be disclosed only
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to the extent authorized in s. 213.053(16). Nothing in this
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section requires the disclosure of information if such
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disclosure is prohibited by federal law. Information gathered or
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used by the parent locator service is confidential and exempt
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from the provisions of s. 119.07(1). Additionally, the
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department is authorized to collect any additional information
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directly bearing on the identity and whereabouts of a person
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owing or asserted to be owing an obligation of support for a
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dependent child. The department shall, upon request, make
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information available only to public officials and agencies of
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this state; political subdivisions of this state, including any
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agency thereof providing child support enforcement services to
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non-Title IV-D clients; the parent owed support, legal guardian,
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attorney, or agent of the child; and other states seeking to
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locate parents who have deserted their children and other
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persons liable for support of dependents, for the sole purpose
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of establishing, modifying, or enforcing their liability for
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support, and shall make such information available to the
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Department of Children and Families for the purpose of diligent
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search activities pursuant to chapter 39. If the department has
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reasonable evidence of domestic violence or child abuse and the
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disclosure of information could be harmful to the parent owed
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support or the child of such parent, the child support program
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director or designee shall notify the Department of Children and
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Families and the Secretary of the United States Department of
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Health and Human Services of this evidence. Such evidence is
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sufficient grounds for the department to disapprove an
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application for location services.
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Section 5. Paragraph (c) of subsection (1) of section
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744.21031, Florida Statutes, is amended to read:
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744.21031 Public records exemption.—
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(1) For purposes of this section, the term:
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(c) "Telephone numbers" has the same meaning as provided
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in s. 119.071(4)(e)1.c. s. 119.071(4)(d)1.c.
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Section 6. The Legislature finds that it is a public
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necessity that the home addresses, telephone numbers, personal
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electronic mail addresses, and dates of birth of current or
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former agency employees; the names, home addresses, telephone
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numbers, personal electronic mail addresses, dates of birth, and
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places of employment of the spouses and children of such
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employees; and the names and locations of schools and day care
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facilities attended by the children of such employees held by
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the employing agency be made exempt from s. 119.07(1), Florida
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Statutes, and s. 24(a), Article I of the State Constitution.
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Current or former agency employees and their spouses and
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children may be targets of harassment, stalking, intimidation,
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threats, or other forms of harm due to the nature of the
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employees' public duties. The public release of home addresses,
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telephone numbers, and personal electronic mail addresses could
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enable a person intent on harming or harassing such employee or
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the employee's family to directly contact, locate, or surveil
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such individuals. Protecting such information reduces the risk
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of unwanted contact, cyberstalking, and other privacy invasions.
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In addition, the public release of the names and places of
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employment of the spouses and children of current or former
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agency employees poses additional risks of harm to such
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individuals. Disclosure of such information increases the
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ability of malicious actors to directly target or locate the
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family members of current or former agency employees. Protecting
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this information reduces the risk of harassment, stalking, or
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physical harm to the spouses and children of such employees.
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Additionally, the release of dates of birth of current or former
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agency employees and their spouses and children poses a risk of
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identity theft, fraud, and impersonation. Dates of birth are
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commonly used as a means of verifying identity and, when
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combined with other identifying information, may be used by
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malicious actors to falsely represent themselves as the
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individual and gain unauthorized access to financial accounts or
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otherwise misuse the individual's identity for unlawful
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purposes. Protecting this information is therefore essential to
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reducing the risk of identity theft, fraud, impersonation, and
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other unlawful use of such information. Furthermore, the release
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of the names and locations of schools and day care facilities
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attended by the children of current or former agency employees
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poses a risk to the safety of such children. Disclosure of this
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information would enable a person to locate the children of such
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employees at predictable times and places. Protecting this
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information is therefore essential to preventing potential harm,
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including stalking, harassment, kidnapping, or other threats to
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the well-being of such employees' minor children. Finally, the
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Legislature finds that current or former agency employees and
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their families should not be subject to increased safety risks
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or other privacy invasions solely because the employee works or
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worked for an agency.
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Section 7. This act shall take effect upon becoming a law.