THE BILL ITSELF
SB 520
Public Records/State Retirement Plan/Division of Retirement
Florida Senate - 2026 SB 520 By Senator Simon 3-00960-26 2026520__
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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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121.031, F.S.; providing an exemption from public
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records requirements for all records identifying
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participants in any state retirement plan administered
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by the Division of Retirement of the Department of
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Management Services and held by the division or the
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State Board of Administration; providing exceptions;
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providing for future legislative review and repeal of
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the exemption; deleting provisions providing a limited
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exemption from public records requirements for certain
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retirement records; 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. Subsection (5) of section 121.031, Florida
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Statutes, is amended to read:
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121.031 Administration of system; appropriation; oaths;
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actuarial studies; public records.—
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(5) All records identifying participants in any state
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retirement plan administered by the division and held by the
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division or the state board are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution. Such information may be
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disclosed to another governmental entity in furtherance of the
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official duties and responsibilities of the division or state
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board without waiver of the exemption. This subsection 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, 2031,
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unless reviewed and saved from repeal through reenactment by the
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Legislature The names and addresses of retirees are confidential
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and exempt from the provisions of s. 119.07(1) to the extent
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that no state or local governmental agency may provide the names
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or addresses of such persons in aggregate, compiled, or list
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form to any person except to a public agency engaged in official
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business. However, a state or local government agency may
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provide the names and addresses of retirees from that agency to
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a bargaining agent as defined in s. 447.203(12) or to a retiree
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organization for official business use. Lists of names or
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addresses of retirees may be exchanged by public agencies, but
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such lists shall not be provided to, or open for inspection by,
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the public. Any person may view or copy any individual’s
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retirement records at the Department of Management Services, one
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record at a time, or may obtain information by a separate
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written request for a named individual for which information is
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desired .
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Section 2. The Legislature finds that it is a public
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necessity that all records identifying members, payees, or
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beneficiaries of state retirement plans administered by the
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Division of Retirement and held by the division or the State
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Board of Administration be made exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Article I of the State
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Constitution. The release of sensitive information included in
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such records could allow predatory individuals and organizations
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to take advantage of retirement plan members, payees, and
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beneficiaries. Exempting this information from public records
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requirements allows the members, payees, and beneficiaries to
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invest their funds without the fear of their sensitive
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information being disclosed without their consent. Additionally,
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investment plan members, who also participate in the Florida
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Retirement System, currently have their personal identifying
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information protected, and this exemption would provide uniform
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protection of records to all Florida Retirement System members,
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payees, and beneficiaries regardless of the retirement plan they
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select. For these reasons, the Legislature finds that it is a
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public necessity to exempt such information from public records
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requirements.
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Section 3. This act shall take effect upon becoming a law.