THE BILL ITSELF
HB 891
Pub. Rec./Office of the Corrections Ombudsman
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A bill to be entitled
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An act relating to public records; amending s. 11.92,
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F.S.; providing a public records exemption for
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correspondence and communications with the Office of
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the Corrections Ombudsman and the Corrections
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Oversight Committee; providing for future review and
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repeal of the exemption; providing a statement of
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public necessity; providing a contingent 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. Subsections (8) through (10) of section 11.92,
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Florida Statutes, as created by HB 889, 2026 Regular Session, are renumbered as subsections (9) through (11), respectively,
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and a new subsection (8) is added to that section, to read:
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11.92 Office of the Corrections Ombudsman.—
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(8)(a) Correspondence and communications between
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incarcerated persons or the public and the office, the
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Ombudsman, the members of the committee, and office staff are
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution.
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(b) This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and is repealed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 correspondence and communications with the Office
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of the Corrections Ombudsman and the Corrections Oversight
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Committee be made confidential and exempt from s. 119.07(1),
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Florida Statutes, and s. 24(a), Art. I of the State
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Constitution. Public disclosure of such correspondence and
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communications could jeopardize the safety of incarcerated
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persons. It is essential to the functioning of the office that
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incarcerated persons and the public feel free to communicate
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with the office concerning conditions in and operations of
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correctional facilities. The public records exemption is
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necessary to protect incarcerated persons from retaliation by
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correctional officers who are under investigation as a result of
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communications with the office.
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Section 3. This act shall take effect on the same date
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that HB 889 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.