THE BILL ITSELF
HB 247
Pub. Rec./Municipal Clerks
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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 a public records exemption
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for personal identifying and location information of
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current and former municipal clerks and their staff
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and the personal identifying and location information
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of the spouses and children of such municipal clerks
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and their staff; providing for future legislative
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review and repeal of the exemption; providing for
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retroactive application of the exemption; providing a
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statement of public necessity; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (4) of section
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119.071, Florida Statutes, is amended 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, street address, parcel identification number, plot
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identification number, legal property description, neighborhood
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name and lot number, GPS coordinates, and any other descriptive
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property information that may reveal the home address.
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b. "Judicial assistant" means a court employee assigned to
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the following class codes: 8140, 8150, 8310, and 8320.
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c. "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.a. The home addresses, telephone numbers, dates of
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birth, and photographs of active or former sworn law enforcement
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personnel or of active or former civilian personnel employed by
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a law enforcement agency, including correctional and
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correctional probation officers, personnel of the Department of
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Children and Families whose duties include the investigation of
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abuse, neglect, exploitation, fraud, theft, or other criminal
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activities, personnel of the Department of Health whose duties
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are to support the investigation of child abuse or neglect, and
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personnel of the Department of Revenue or local governments
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whose responsibilities include revenue collection and
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enforcement or child support enforcement; the names, home
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addresses, telephone numbers, photographs, dates of birth, and
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places of employment of the spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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b. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former nonsworn investigative
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personnel of the Department of Financial Services whose duties
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include the investigation of fraud, theft, workers' compensation
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coverage requirements and compliance, other related criminal
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activities, or state regulatory requirement violations; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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c. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former nonsworn investigative
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personnel of the Office of Financial Regulation's Bureau of
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Financial Investigations whose duties include the investigation
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of fraud, theft, other related criminal activities, or state
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regulatory requirement violations; the names, home addresses,
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telephone numbers, dates of birth, and places of employment of
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the spouses and children of such personnel; and the names and
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locations of schools and day care facilities attended by the
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children of such personnel are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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d. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former firefighters certified in
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compliance with s. 633.408; the names, home addresses, telephone
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numbers, photographs, dates of birth, and places of employment
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of the spouses and children of such firefighters; and the names
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and locations of schools and day care facilities attended by the
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children of such firefighters are exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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e. The home addresses, dates of birth, and telephone
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numbers of current or former justices of the Supreme Court,
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district court of appeal judges, circuit court judges, and
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county court judges and current judicial assistants; the names,
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home addresses, telephone numbers, dates of birth, and places of
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employment of the spouses and children of current or former
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justices and judges and current judicial assistants; and the
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names and locations of schools and day care facilities attended
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by the children of current or former justices and judges and of
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current judicial assistants are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution. This sub-subparagraph
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is subject to the Open Government Sunset Review Act in
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accordance with s. 119.15 and shall stand repealed on October 2,
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2028, unless reviewed and saved from repeal through reenactment
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by the Legislature.
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f. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former state attorneys, assistant
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state attorneys, statewide prosecutors, or assistant statewide
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prosecutors; the names, home addresses, telephone numbers,
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photographs, dates of birth, and places of employment of the
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spouses and children of current or former state attorneys,
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assistant state attorneys, statewide prosecutors, or assistant
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statewide prosecutors; and the names and locations of schools
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and day care facilities attended by the children of current or
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former state attorneys, assistant state attorneys, statewide
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prosecutors, or assistant statewide prosecutors are exempt from
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
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g. The home addresses, dates of birth, and telephone
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numbers of general magistrates, special magistrates, judges of
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compensation claims, administrative law judges of the Division
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of Administrative Hearings, and child support enforcement
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hearing officers; the names, home addresses, telephone numbers,
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dates of birth, and places of employment of the spouses and
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children of general magistrates, special magistrates, judges of
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compensation claims, administrative law judges of the Division
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of Administrative Hearings, and child support enforcement
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hearing officers; and the names and locations of schools and day
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care facilities attended by the children of general magistrates,
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special magistrates, judges of compensation claims,
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administrative law judges of the Division of Administrative
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Hearings, and child support enforcement hearing officers are
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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h. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former human resource, labor
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relations, or employee relations directors, assistant directors,
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managers, or assistant managers of any local government agency
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or water management district whose duties include hiring and
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firing employees, labor contract negotiation, administration, or
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other personnel-related duties; the names, home addresses,
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telephone numbers, dates of birth, and places of employment of
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the spouses and children of such personnel; and the names and
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locations of schools and day care facilities attended by the
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children of such personnel are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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i. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former code enforcement officers;
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the names, home addresses, telephone numbers, dates of birth,
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and places of employment of the spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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j. The home addresses, telephone numbers, places of
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employment, dates of birth, and photographs of current or former
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guardians ad litem, as defined in s. 39.01; the names, home
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addresses, telephone numbers, dates of birth, and places of
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employment of the spouses and children of such persons; and the
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names and locations of schools and day care facilities attended
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by the children of such persons are exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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k. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former juvenile probation
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officers, juvenile probation supervisors, detention
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superintendents, assistant detention superintendents, juvenile
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justice detention officers I and II, juvenile justice detention
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officer supervisors, juvenile justice residential officers,
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juvenile justice residential officer supervisors I and II,
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juvenile justice counselors, juvenile justice counselor
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supervisors, human services counselor administrators, senior
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human services counselor administrators, rehabilitation
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therapists, and social services counselors of the Department of
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Juvenile Justice; the names, home addresses, telephone numbers,
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dates of birth, and places of employment of spouses and children
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of such personnel; and the names and locations of schools and
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day care facilities attended by the children of such personnel
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are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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l. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former public defenders, assistant
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public defenders, criminal conflict and civil regional counsel,
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and assistant criminal conflict and civil regional counsel; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of current or
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former public defenders, assistant public defenders, criminal
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conflict and civil regional counsel, and assistant criminal
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conflict and civil regional counsel; and the names and locations
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of schools and day care facilities attended by the children of
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current or former public defenders, assistant public defenders,
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criminal conflict and civil regional counsel, and assistant
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criminal conflict and civil regional counsel are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution.
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m. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former investigators or inspectors
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of the Department of Business and Professional Regulation; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of such current
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or former investigators and inspectors; and the names and
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locations of schools and day care facilities attended by the
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children of such current or former investigators and inspectors
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are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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n. The home addresses, telephone numbers, and dates of
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birth of county tax collectors; the names, home addresses,
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telephone numbers, dates of birth, and places of employment of
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the spouses and children of such tax collectors; and the names
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and locations of schools and day care facilities attended by the
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children of such tax collectors are exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution.
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o. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former personnel of the Department
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of Health whose duties include, or result in, the determination
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or adjudication of eligibility for social security disability
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benefits, the investigation or prosecution of complaints filed
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against health care practitioners, or the inspection of health
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care practitioners or health care facilities licensed by the
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Department of Health; the names, home addresses, telephone
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numbers, dates of birth, and places of employment of the spouses
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and children of such personnel; and the names and locations of
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schools and day care facilities attended by the children of such
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personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
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the State Constitution.
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p. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former impaired practitioner
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consultants who are retained by an agency or current or former
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employees of an impaired practitioner consultant whose duties
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result in a determination of a person's skill and safety to
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practice a licensed profession; the names, home addresses,
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telephone numbers, dates of birth, and places of employment of
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the spouses and children of such consultants or their employees;
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and the names and locations of schools and day care facilities
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attended by the children of such consultants or employees are
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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q. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former emergency medical
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technicians or paramedics certified under chapter 401; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of such
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emergency medical technicians or paramedics; and the names and
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locations of schools and day care facilities attended by the
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children of such emergency medical technicians or paramedics are
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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r. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former personnel employed in an
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agency's office of inspector general or internal audit
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department whose duties include auditing or investigating waste,
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fraud, abuse, theft, exploitation, or other activities that
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could lead to criminal prosecution or administrative discipline;
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the names, home addresses, telephone numbers, dates of birth,
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and places of employment of spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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s. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former directors, managers,
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supervisors, nurses, and clinical employees of an addiction
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treatment facility; the home addresses, telephone numbers,
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photographs, dates of birth, and places of employment of the
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spouses and children of such personnel; and the names and
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locations of schools and day care facilities attended by the
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children of such personnel are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution. For purposes of this
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sub-subparagraph, the term "addiction treatment facility" means
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a county government, or agency thereof, that is licensed
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pursuant to s. 397.401 and provides substance abuse prevention,
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intervention, or clinical treatment, including any licensed
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service component described in s. 397.311(27).
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t. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former directors, managers,
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supervisors, and clinical employees of a child advocacy center
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that meets the standards of s. 39.3035(2) and fulfills the
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screening requirement of s. 39.3035(3), and the members of a
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Child Protection Team as described in s. 39.303 whose duties
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include supporting the investigation of child abuse or sexual
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abuse, child abandonment, child neglect, and child exploitation
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or to provide services as part of a multidisciplinary case
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review team; the names, home addresses, telephone numbers,
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photographs, dates of birth, and places of employment of the
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spouses and children of such personnel and members; and the
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names and locations of schools and day care facilities attended
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by the children of such personnel and members are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution.
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u. The home addresses, telephone numbers, places of
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employment, dates of birth, and photographs of current or former
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staff and domestic violence advocates, as defined in s.
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90.5036(1)(b), of domestic violence centers certified by the
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Department of Children and Families under chapter 39; the names,
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home addresses, telephone numbers, places of employment, dates
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of birth, and photographs of the spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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v. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former inspectors or investigators
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of the Department of Agriculture and Consumer Services; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of current or
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former inspectors or investigators; and the names and locations
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of schools and day care facilities attended by the children of
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current or former inspectors or investigators are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. This
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sub-subparagraph is subject to the Open Government Sunset Review
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Act in accordance with s. 119.15 and shall stand repealed on
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October 2, 2028, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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w. The home addresses, telephone numbers, dates of birth,
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and photographs of current county attorneys, assistant county
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attorneys, deputy county attorneys, city attorneys, assistant
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city attorneys, and deputy city attorneys; the names, home
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addresses, telephone numbers, photographs, dates of birth, and
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places of employment of the spouses and children of current
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county attorneys, assistant county attorneys, deputy county
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attorneys, city attorneys, assistant city attorneys, and deputy
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city attorneys; and the names and locations of schools and day
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care facilities attended by the children of current county
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attorneys, assistant county attorneys, deputy county attorneys,
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city attorneys, assistant city attorneys, and deputy city
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attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
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the State Constitution. This exemption does not apply to a
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county attorney, assistant county attorney, deputy county
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attorney, city attorney, assistant city attorney, or deputy city
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attorney who qualifies as a candidate for election to public
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office. This sub-subparagraph is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2029, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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x. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former commissioners of the
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Florida Gaming Control Commission; the names, home addresses,
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telephone numbers, dates of birth, photographs, and places of
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employment of the spouses and children of such current or former
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commissioners; and the names and locations of schools and day
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care facilities attended by the children of such current or
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former commissioners are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution. This sub-subparagraph is
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subject to the Open Government Sunset Review Act in accordance
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with s. 119.15 and shall stand repealed on October 2, 2029,
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unless reviewed and saved from repeal through reenactment by the
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Legislature.
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y. The home addresses, telephone numbers, dates of birth,
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and photographs of current clerks of the circuit court, deputy
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clerks of the circuit court, and clerk of the circuit court
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personnel; the names, home addresses, telephone numbers, dates
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of birth, and places of employment of the spouses and children
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of current clerks of the circuit court, deputy clerks of the
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circuit court, and clerk of the circuit court personnel; and the
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names and locations of schools and day care facilities attended
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by the children of current clerks of the circuit court, deputy
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clerks of the circuit court, and clerk of the circuit court
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personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
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the State Constitution. This sub-subparagraph is subject to the
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Open Government Sunset Review Act in accordance with s. 119.15
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and shall stand repealed on October 2, 2029, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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z.(I) As used in this sub-subparagraph, the term:
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(A) "Congressional member" means a person who is elected
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to serve as a member of the United States House of
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Representatives or is elected or appointed to serve as a member
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of the United States Senate.
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(B) "Partial home address" means the dwelling location at
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which an individual resides and includes the physical address,
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mailing address, street address, parcel identification number,
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plot identification number, legal property description,
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neighborhood name and lot number, GPS coordinates, and any other
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descriptive property information that may reveal the partial
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home address, except for the city and zip code.
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(C) "Public officer" means a person who holds one of the
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following offices: Governor, Lieutenant Governor, Chief
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Financial Officer, Attorney General, Agriculture Commissioner,
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state representative, state senator, property appraiser,
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supervisor of elections, school superintendent, school board
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member, mayor, city commissioner, or county commissioner.
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(II) The following information is exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution:
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(A) The partial home addresses of a current congressional
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member or public officer and his or her spouse or adult child.
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(B) The telephone numbers of a current congressional
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member or public officer and his or her spouse or adult child.
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(C) The name, home addresses, telephone numbers, and date
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of birth of a minor child of a current congressional member or
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public officer and the name and location of the school or day
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care facility attended by the minor child.
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(III) This sub-subparagraph is subject to the Open
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Government Sunset Review Act in accordance with s. 119.15 and
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shall stand repealed on October 2, 2030, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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aa. The home addresses, telephone numbers, dates of birth,
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and photographs of current or former municipal clerks and their
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staff, including elections filing officers, records management
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liaison officers, and deputy or assistant municipal clerks; the
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names, home addresses, telephone numbers, dates of birth, and
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places of employment of the spouses and children of current or
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former municipal clerks and their staff, including elections
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filing officers, records management liaison officers, and deputy
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or assistant municipal clerks; and the names and locations of
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schools and day care facilities attended by the children of
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current or former municipal clerks and their staff, including
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elections filing officers, records management liaison officers,
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and deputy or assistant municipal clerks, are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. This
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sub-subparagraph is subject to the Open Government Sunset Review
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Act in accordance with s. 119.15 and shall stand repealed on
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October 2, 2031, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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3.a. An agency that is the custodian of the information
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specified in subparagraph 2. and that is not the employer of the
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officer, employee, justice, judge, or other person specified in
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subparagraph 2. must maintain the exempt status of that
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information only if the officer, employee, justice, judge, other
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person, or employing agency of the designated employee submits a
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written and notarized request for maintenance of the exemption
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to the custodial agency. The request must state under oath the
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statutory basis for the individual's exemption request and
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confirm the individual's status as a party eligible for exempt
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status.
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b. An agency that is the custodian of information
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specified in sub-subparagraph 2.z. and that is not the employer
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of the congressional member, public officer, or other person
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specified in sub-subparagraph 2.z. must maintain the exempt
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status of that information only if an individual requests the
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maintenance of an exemption pursuant to sub-subparagraph 2.z. on
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the basis of eligibility as a current congressional member or
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public officer and his or her spouse or child submits, as part
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of the written and notarized request required by sub-
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subparagraph a., the date of the congressional member's or
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public officer's election or appointment to public office, the
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date on which that office is next subject to election, and, if
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applicable, the date on which the current congressional member's
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or public officer's minor child reaches the age of majority. The
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custodian must maintain an exemption granted pursuant to sub-
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subparagraph 2.z. until the qualifying conditions for the
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exemption no longer apply to the person subject to the
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exemption.
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4.a. A county property appraiser, as defined in s.
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192.001(3), or a county tax collector, as defined in s.
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192.001(4), who receives a written and notarized request for
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maintenance of the exemption pursuant to subparagraph 3. must
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comply by removing the name of the individual with exempt status
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and the instrument number or Official Records book and page
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number identifying the property with the exempt status from all
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publicly available records maintained by the property appraiser
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or tax collector. For written requests received on or before
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July 1, 2021, a county property appraiser or county tax
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collector must comply with this sub-subparagraph by October 1,
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2021. A county property appraiser or county tax collector may
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not remove the street address, legal description, or other
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information identifying real property within the agency's
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records so long as a name or personal information otherwise
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exempt from inspection and copying pursuant to this section is
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not associated with the property or otherwise displayed in the
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public records of the agency.
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b. Any information restricted from public display,
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inspection, or copying under sub-subparagraph a. must be
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provided to the individual whose information was removed.
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5. An officer, an employee, a justice, a judge, or other
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person specified in subparagraph 2. may submit a written request
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for the release of his or her exempt information to the
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custodial agency. The written request must be notarized and must
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specify the information to be released and the party authorized
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to receive the information. Upon receipt of the written request,
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the custodial agency must release the specified information to
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the party authorized to receive such information.
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6. The exemptions in this paragraph apply to information
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held by an agency before, on, or after the effective date of the
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exemption.
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7. Information made exempt under this paragraph may be
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disclosed pursuant to s. 28.2221 to a title insurer authorized
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pursuant to s. 624.401 and its affiliates as defined in s.
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624.10; a title insurance agent or title insurance agency as
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defined in s. 626.841(1) or (2), respectively; or an attorney
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duly admitted to practice law in this state and in good standing
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with The Florida Bar.
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8. The exempt status of a home address contained in the
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Official Records is maintained only during the period when a
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protected party resides at the dwelling location. Upon
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conveyance of real property after October 1, 2021, and when such
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real property no longer constitutes a protected party's home
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address as defined in sub-subparagraph 1.a., the protected party
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must submit a written request to release the removed information
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to the county recorder. The written request to release the
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removed information must be notarized, must confirm that a
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protected party's request for release is pursuant to a
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conveyance of his or her dwelling location, and must specify the
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Official Records book and page, instrument number, or clerk's
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file number for each document containing the information to be
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released.
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9. Upon the death of a protected party as verified by a
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certified copy of a death certificate or court order, any party
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can request the county recorder to release a protected
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decedent's removed information unless there is a related request
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on file with the county recorder for continued removal of the
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decedent's information or unless such removal is otherwise
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prohibited by statute or by court order. The written request to
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release the removed information upon the death of a protected
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party must attach the certified copy of a death certificate or
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court order and must be notarized, must confirm the request for
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release is due to the death of a protected party, and must
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specify the Official Records book and page number, instrument
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number, or clerk's file number for each document containing the
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information to be released. A fee may not be charged for the
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release of any document pursuant to such request.
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Section 2. The Legislature finds that it is a public
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necessity that the home addresses, telephone numbers, dates of
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birth, and photographs of current and former municipal clerks
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and their staff, including elections filing officers, records
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management liaison officers, and deputy or assistant municipal
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clerks; the names, home addresses, telephone numbers, dates of
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birth, and places of employment of the spouses and children of
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current and former municipal clerks and their staff, including
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elections filing officers, records management liaison officers,
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and deputy or assistant municipal clerks; and the names and
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locations of schools and day care facilities attended by the
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children of current and former municipal clerks and their staff,
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including elections filing officers, records management liaison
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officers, and deputy or assistant municipal clerks, be made
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. Municipal clerks and their
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staff often handle sensitive information and perform critical
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administrative functions. Many municipal staff members who
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perform duties that include, or result in, investigations into
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complaints regarding election fraud, legal enforcement of
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special magistrate hearings related to neglect or abuse, or
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other activities that could lead to a criminal prosecution are
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exposed to threats and other acts of violence. Protecting their
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personal information is essential to ensure their safety. The
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Legislature further finds that the harm that may result from the
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release of such personal identifying and location information
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outweighs any public benefit that may be derived from the
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disclosure of the information.
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Section 3. This act shall take effect July 1, 2026.