THE BILL ITSELF
CS/HB 251
Pub. Rec./Emergency Department Physicians
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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 an exemption from public
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records requirements for the personal identifying and
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location information of current emergency department
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physicians and the spouses and certain children of
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such emergency department physicians; providing for
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retroactive application; requiring certain agencies
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that are custodians of exempt information to maintain
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the exempt status of such information under certain
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circumstances; specifying procedures for requesting an
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agency to maintain the exempt status of such
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information until the exemption no longer applies to
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the individual; providing for future legislative
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review and repeal 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 (l) is added to subsection (5) of
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section 119.071, Florida Statutes, 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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(5) OTHER PERSONAL INFORMATION.—
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(l) For purposes of this paragraph, the term "emergency
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department physician" means a physician licensed under chapter
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458 or chapter 459 whose duties are performed in a hospital
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emergency department licensed under chapter 395.
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1. The home addresses, personal telephone numbers, and
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dates of birth of current emergency department physicians; the
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names, home addresses, personal telephone numbers, dates of
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birth, and places of employment of the spouses and children
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younger than 26 years of age of such emergency department
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physicians; and the names and locations of schools and day care
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facilities attended by the children younger than 26 years of age
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of such emergency department physicians 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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2. The exemption in subparagraph 1. applies to information
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held by an agency before, on, or after July 1, 2026.
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3. An agency that is the custodian of information
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specified in subparagraph 1. and that is not the employer of the
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emergency department physician must maintain the exempt status
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of that information only if the individual requests the
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maintenance of an exemption under subparagraph 1. on the basis
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of eligibility as a current emergency department physician or
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the spouse or child younger than 26 years of age of such
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emergency department physician and the individual 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 eligibility for the exemption. An
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individual who has submitted such a request has a duty to
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withdraw the request if the exemption no longer applies to the
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individual. If a custodial agency receives a request meeting the
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requirements of this subparagraph, the custodial agency must
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maintain the exempt status of such information applicable to the
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individual until the qualifying conditions for the exemption
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under subparagraph 1. no longer apply to the individual subject
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to the exemption.
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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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The Legislature finds that it is a public Section 2.
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necessity that the home addresses, personal telephone numbers,
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and dates of birth of current emergency department physicians;
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the names, home addresses, personal telephone numbers, dates of
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birth, and places of employment of the spouses and children
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younger than 26 years of age of such emergency department
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physicians; and the names and locations of schools and day care
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facilities attended by the children younger than 26 years of age
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of such emergency department physicians be made exempt from s.
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119.07(1), Florida Statutes, and s. 24(a), Article I of the
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State Constitution. Emergency department physicians, by the
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nature of their duties, are often placed in traumatic
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circumstances in which loss of life and severe bodily injuries
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have occurred. Such emergency department physicians are
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particularly vulnerable to physical violence, harassment, and
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intimidation perpetrated by patients or relatives of patients
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who can be violent, angry, or mentally unstable. As a result,
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the Legislature finds that the release of personal identifying
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and location information of emergency department physicians, or
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of the spouses and children younger than 26 years of age of such
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emergency department physicians, could place them in danger of
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being physically or emotionally harmed or stalked by a person
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who has a hostile reaction to his or her encounter with such
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emergency department physicians. The Legislature further finds
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that the harm that may result from the release of such personal
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identifying and location information outweighs any public
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benefit that may be derived from the disclosure of the
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information.
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Section 3. This act shall take effect July 1, 2026.