THE BILL ITSELF
CS/SB 268
Public Records/Emergency Department Physicians
Florida Senate - 2026 CS for SB 268 By the Committee on Health Policy; and Senators Rodriguez and Harrell 588-02409-26 2026268c1
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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.; defining the term “emergency department
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physician”; providing exemptions from public records
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requirements for the personal identifying and location
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information of current emergency department physicians
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and the spouses and certain children of such emergency
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department physicians; providing for retroactive
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application of the exemption; requiring certain
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agencies that are custodians of the exempt information
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to maintain the exempt status of such information
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under certain circumstances; specifying procedures for
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requesting an agency to maintain the exempt status of
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such information; providing that an individual has a
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duty to withdraw a request if the exemption no longer
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applies to him or her; requiring custodial agencies to
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maintain the exempt status of such information until
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the exemption no longer applies to the individual;
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providing for future legislative review and repeal of
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the exemption; providing a statement of public
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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. 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)1. 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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2. 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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3. The exemption in subparagraph 2. applies 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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4. An agency that is the custodian of information specified
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in subparagraph 2. and that is not the employer of the emergency
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department physician must maintain the exempt status of that
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information only if the individual requests the maintenance of
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an exemption under subparagraph 2. on the basis of eligibility
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as a current emergency department physician or the spouse or
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child of such emergency department physician and the individual
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submits a written and notarized request for maintenance of the
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exemption to the custodial agency. The request must state under
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oath the statutory basis for the individual’s exemption request
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and 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 2. no longer apply to the individual subject
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to the exemption.
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5. 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. The Legislature finds that it is a public
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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, and
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places of employment of the spouses and children younger than 26
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years of age of such emergency department physicians; and the
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names and locations of schools and day care facilities attended
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by the children younger than 26 years of age of such emergency
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department physicians be made exempt from public records
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requirements. Emergency department physicians, by the nature of
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their duties, are often placed in traumatic circumstances in
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which loss of life and severe bodily injuries have occurred.
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Such emergency department physicians are particularly vulnerable
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to physical violence, harassment, and intimidation perpetrated
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by patients or relatives of patients who can be violent, angry,
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or mentally unstable. As a result, the Legislature finds that
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the release of personal identifying and location information of
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emergency department physicians, or of the spouses and children
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of such emergency department physicians, could place them in
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danger of being physically or emotionally harmed or stalked by a
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person who has a hostile reaction to his or her encounter with
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such physicians. The Legislature further finds that the harm
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that may result from the release of such personal identifying
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and location information outweighs any public benefit that may
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be derived from the disclosure of the information.
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Section 3. This act shall take effect July 1, 2026.