SESSION WATCH
THE BILL ITSELF

HB 997

Pub. Rec./Public Employees Relations Commission

VERSION H 997 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to public records; amending s.
3 447.205, F.S.; exempting from public records
4 requirements written communications developed in
5 preparation for, or preliminary to, the issuance of
6 any order by the Public Employees Relations Commission
7 or its designees; providing for future legislative
8 review and repeal of the exemption; providing a
9 statement of public necessity; amending s. 447.308,
10 F.S.; exempting from public records requirements
11 showing of interest statements signed by public
12 employees and filed with the Public Employees
13 Relations Commission; providing an exception;
14 providing for future legislative review and repeal of
15 the exemption; providing a statement of public
16 necessity; amending s. 119.071, F.S.; exempting from
17 public records requirements the personal identifying
18 and location information of the chair, commissioners,
19 and hearing officers of the Public Employees Relations
20 Commission and the personal identifying and location
21 information of spouses and children of such personnel;
22 providing for future legislative review and repeal of
23 the exemption; providing a statement of public
24 necessity; providing a contingent effective date.
26 Be It Enacted by the Legislature of the State of Florida:
28 Section 1. Subsection (10) of section 447.205, Florida
29 Statutes, is amended to read:
30 447.205 Public Employees Relations Commission.—
31 (10) The deliberations of the commission in any proceeding
32 before it are closed and exempt from the provisions of s.
33 286.011. However, any hearing held or oral argument heard by the
34 commission pursuant to chapter 120 or this chapter must shall be
35 open to the public. All draft orders and related written
36 communications that are developed in preparation for, or
37 preliminary to, the issuance of any order by the commission or
38 its designees a final written order are confidential and exempt
39 from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
40 State Constitution.
41 Section 2. The amendment made by this act to s.
42 447.205(10), Florida Statutes, is subject to the Open Government
43 Sunset Review Act in accordance with s. 119.15, Florida
44 Statutes, and shall stand repealed on October 2, 2031, unless
45 reviewed and saved from repeal through reenactment by the
46 Legislature and the text of that subsection shall revert to that
47 in existence on June 30, 2026, except that any amendments to
48 such text enacted other than by this act shall be preserved and
49 continue to operate to the extent that such amendments are not
50 dependent upon the amendment to the text which expires pursuant
51 to this section.
52 Section 3. The Legislature finds that it is a public
53 necessity that draft orders and related written communications
54 that are developed in preparation for, or preliminary to, the
55 issuance of any order by the Public Employees Relations
56 Commission or its designees be made confidential and exempt from
57 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
58 State Constitution. The Public Employees Relations Commission,
59 as a quasi-judicial agency, speaks through its written orders
60 based on the law and facts. The commission and its hearing
61 officers rely on the confidentiality of draft orders and written
62 communications related to these drafts before they become final
63 and are released to the public. The existing provision in s.
64 447.205(10), Florida Statutes, addresses this confidentiality
65 and recognizes its importance to the proper functioning of the
66 commission. However, it was adopted in 1977, with the only
67 substantive amendment being made in 1991. To avoid the existing
68 provision from being inadvertently read so as to allow public
69 access to draft orders or commission deliberations, including
70 preliminary work prepared by commission hearing officers, the
71 Legislature finds that it is a public necessity that the
72 language of the provision providing for confidentiality and
73 exemption of commission deliberations and draft orders be
74 clarified to reflect updates in technology, current practices of
75 the commission related to the use of hearing officers, and
76 modern methods of communication. The confidentiality and
77 exemption of commission deliberations and draft orders are
78 essential to the operation of the commission. Likewise, the
79 confidentiality and exemption of written communications related
80 to draft orders are essential to the operation of the commission
81 given updates in technology, commission practice of using
82 hearing officers as designees to prepare draft orders and assist
83 in preparing final orders, and modern methods of communication.
84 The Legislature further finds that the harm that may result from
85 the release of written communications related to draft orders,
86 in light of current technology, practices, and methods of
87 communication, outweighs any public benefit that may be derived
88 from the disclosure of such written communications.
89 Section 4. Subsection (1) of section 447.308, Florida Statutes, as amended by HB 995, 2026 Regular Session, is amended
91 to read:
92 447.308 Decertification of certification of employee
93 organizations.—
94 (1) A public employee or group of public employees that no
95 longer desires to be represented by a bargaining agent may file
96 with the commission a petition to decertify the bargaining
97 agent. The petition must be accompanied by a showing of interest
98 from at least 30 percent of the public employees in the
99 bargaining unit. The showing of interest statements must be
100 signed and dated by the public employees not more than 12 months
101 before the filing of the petition. The showing of interest
102 signed by an employee is confidential and exempt from s.
103 119.07(1) and s. 24(a), Art. I of the State Constitution, except
104 that any public employee, public employer, or employee
105 organization having sufficient reason to believe that the
106 showing of interest was obtained by collusion, coercion,
107 intimidation, or misrepresentation or is otherwise invalid shall
108 be given a reasonable opportunity to verify and challenge the
109 showing of interest.
110 Section 5. The amendment made by this act to s.
111 447.308(1), Florida Statutes, is subject to the Open Government
112 Sunset Review Act in accordance with s. 119.15, Florida
113 Statutes, and shall stand repealed on October 2, 2031, unless
114 reviewed and saved from repeal through reenactment by the
115 Legislature, and the text of that subsection shall revert to
116 that in existence on June 30, 2026, except that any amendments
117 to such text enacted other than by this act shall be preserved
118 and continue to operate to the extent that such amendments are
119 not dependent upon the amendment to the text which expires
120 pursuant to this section.
121 Section 6. The Legislature finds that it is a public
122 necessity that showing of interest statements signed by public
123 employees indicating their desire to no longer be represented by
124 their bargaining agent be made exempt from s. 119.07(1), Florida
125 Statutes, and s. 24(a), Article I of the State Constitution.
126 Showing of interest statements signed by public employees
127 indicating their desire to be represented by a bargaining agent
128 are already exempt and confidential pursuant to s. 447.307,
129 Florida Statutes, in order avoid the practical effect of
130 chilling the employees' exercise of the right to form and join a
131 union. Similarly, showing of interest statements seeking to
132 decertify a union must be kept confidential in order to avoid
133 the practical effect of chilling the employees' exercise of the
134 right to no longer be represented by a union. The Legislature
135 finds that the harm that may result from the release of this
136 showing of interest information outweighs any public benefit
137 that may be derived from disclosure of the information.
138 Section 7. Paragraph (d) of subsection (4) of section
139 119.071, Florida Statutes, is amended to read:
140 119.071 General exemptions from inspection or copying of
141 public records.—
142 (4) AGENCY PERSONNEL INFORMATION.—
143 (d)1. For purposes of this paragraph, the term:
144 a. "Home addresses" means the dwelling location at which
145 an individual resides and includes the physical address, mailing
146 address, street address, parcel identification number, plot
147 identification number, legal property description, neighborhood
148 name and lot number, GPS coordinates, and any other descriptive
149 property information that may reveal the home address.
150 b. "Judicial assistant" means a court employee assigned to
151 the following class codes: 8140, 8150, 8310, and 8320.
152 c. "Telephone numbers" includes home telephone numbers,
153 personal cellular telephone numbers, personal pager telephone
154 numbers, and telephone numbers associated with personal
155 communications devices.
156 2.a. The home addresses, telephone numbers, dates of
157 birth, and photographs of active or former sworn law enforcement
158 personnel or of active or former civilian personnel employed by
159 a law enforcement agency, including correctional and
160 correctional probation officers, personnel of the Department of
161 Children and Families whose duties include the investigation of
162 abuse, neglect, exploitation, fraud, theft, or other criminal
163 activities, personnel of the Department of Health whose duties
164 are to support the investigation of child abuse or neglect, and
165 personnel of the Department of Revenue or local governments
166 whose responsibilities include revenue collection and
167 enforcement or child support enforcement; the names, home
168 addresses, telephone numbers, photographs, dates of birth, and
169 places of employment of the spouses and children of such
170 personnel; and the names and locations of schools and day care
171 facilities attended by the children of such personnel are exempt
172 from s. 119.07(1) and s. 24(a), Art. I of the State
173 Constitution.
174 b. The home addresses, telephone numbers, dates of birth,
175 and photographs of current or former nonsworn investigative
176 personnel of the Department of Financial Services whose duties
177 include the investigation of fraud, theft, workers' compensation
178 coverage requirements and compliance, other related criminal
179 activities, or state regulatory requirement violations; the
180 names, home addresses, telephone numbers, dates of birth, and
181 places of employment of the spouses and children of such
182 personnel; and the names and locations of schools and day care
183 facilities attended by the children of such personnel are exempt
184 from s. 119.07(1) and s. 24(a), Art. I of the State
185 Constitution.
186 c. The home addresses, telephone numbers, dates of birth,
187 and photographs of current or former nonsworn investigative
188 personnel of the Office of Financial Regulation's Bureau of
189 Financial Investigations whose duties include the investigation
190 of fraud, theft, other related criminal activities, or state
191 regulatory requirement violations; the names, home addresses,
192 telephone numbers, dates of birth, and places of employment of
193 the spouses and children of such personnel; and the names and
194 locations of schools and day care facilities attended by the
195 children of such personnel are exempt from s. 119.07(1) and s.
196 24(a), Art. I of the State Constitution.
197 d. The home addresses, telephone numbers, dates of birth,
198 and photographs of current or former firefighters certified in
199 compliance with s. 633.408; the names, home addresses, telephone
200 numbers, photographs, dates of birth, and places of employment
201 of the spouses and children of such firefighters; and the names
202 and locations of schools and day care facilities attended by the
203 children of such firefighters are exempt from s. 119.07(1) and
204 s. 24(a), Art. I of the State Constitution.
205 e. The home addresses, dates of birth, and telephone
206 numbers of current or former justices of the Supreme Court,
207 district court of appeal judges, circuit court judges, and
208 county court judges and current judicial assistants; the names,
209 home addresses, telephone numbers, dates of birth, and places of
210 employment of the spouses and children of current or former
211 justices and judges and current judicial assistants; and the
212 names and locations of schools and day care facilities attended
213 by the children of current or former justices and judges and of
214 current judicial assistants are exempt from s. 119.07(1) and s.
215 24(a), Art. I of the State Constitution. This sub-subparagraph
216 is subject to the Open Government Sunset Review Act in
217 accordance with s. 119.15 and shall stand repealed on October 2,
218 2028, unless reviewed and saved from repeal through reenactment
219 by the Legislature.
220 f. The home addresses, telephone numbers, dates of birth,
221 and photographs of current or former state attorneys, assistant
222 state attorneys, statewide prosecutors, or assistant statewide
223 prosecutors; the names, home addresses, telephone numbers,
224 photographs, dates of birth, and places of employment of the
225 spouses and children of current or former state attorneys,
226 assistant state attorneys, statewide prosecutors, or assistant
227 statewide prosecutors; and the names and locations of schools
228 and day care facilities attended by the children of current or
229 former state attorneys, assistant state attorneys, statewide
230 prosecutors, or assistant statewide prosecutors are exempt from
231 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
232 g. The home addresses, dates of birth, and telephone
233 numbers of general magistrates, special magistrates, judges of
234 compensation claims, administrative law judges of the Division
235 of Administrative Hearings, and child support enforcement
236 hearing officers, and the chair, commissioners, and hearing
237 officers of the Public Employees Relations Commission; the
238 names, home addresses, telephone numbers, dates of birth, and
239 places of employment of the spouses and children of general
240 magistrates, special magistrates, judges of compensation claims,
241 administrative law judges of the Division of Administrative
242 Hearings, and child support enforcement hearing officers, and
243 the chair, commissioners, and hearing officers of the Public
244 Employees Relations Commission; and the names and locations of
245 schools and day care facilities attended by the children of
246 general magistrates, special magistrates, judges of compensation
247 claims, administrative law judges of the Division of
248 Administrative Hearings, and child support enforcement hearing
249 officers, and the chair, commissioners, and hearing officers of
250 the Public Employees Relations Commission are exempt from s.
251 119.07(1) and s. 24(a), Art. I of the State Constitution.
252 h. The home addresses, telephone numbers, dates of birth,
253 and photographs of current or former human resource, labor
254 relations, or employee relations directors, assistant directors,
255 managers, or assistant managers of any local government agency
256 or water management district whose duties include hiring and
257 firing employees, labor contract negotiation, administration, or
258 other personnel-related duties; the names, home addresses,
259 telephone numbers, dates of birth, and places of employment of
260 the spouses and children of such personnel; and the names and
261 locations of schools and day care facilities attended by the
262 children of such personnel are exempt from s. 119.07(1) and s.
263 24(a), Art. I of the State Constitution.
264 i. The home addresses, telephone numbers, dates of birth,
265 and photographs of current or former code enforcement officers;
266 the names, home addresses, telephone numbers, dates of birth,
267 and places of employment of the spouses and children of such
268 personnel; and the names and locations of schools and day care
269 facilities attended by the children of such personnel are exempt
270 from s. 119.07(1) and s. 24(a), Art. I of the State
271 Constitution.
272 j. The home addresses, telephone numbers, places of
273 employment, dates of birth, and photographs of current or former
274 guardians ad litem, as defined in s. 39.01; the names, home
275 addresses, telephone numbers, dates of birth, and places of
276 employment of the spouses and children of such persons; and the
277 names and locations of schools and day care facilities attended
278 by the children of such persons are exempt from s. 119.07(1) and
279 s. 24(a), Art. I of the State Constitution.
280 k. The home addresses, telephone numbers, dates of birth,
281 and photographs of current or former juvenile probation
282 officers, juvenile probation supervisors, detention
283 superintendents, assistant detention superintendents, juvenile
284 justice detention officers I and II, juvenile justice detention
285 officer supervisors, juvenile justice residential officers,
286 juvenile justice residential officer supervisors I and II,
287 juvenile justice counselors, juvenile justice counselor
288 supervisors, human services counselor administrators, senior
289 human services counselor administrators, rehabilitation
290 therapists, and social services counselors of the Department of
291 Juvenile Justice; the names, home addresses, telephone numbers,
292 dates of birth, and places of employment of spouses and children
293 of such personnel; and the names and locations of schools and
294 day care facilities attended by the children of such personnel
295 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
296 Constitution.
297 l. The home addresses, telephone numbers, dates of birth,
298 and photographs of current or former public defenders, assistant
299 public defenders, criminal conflict and civil regional counsel,
300 and assistant criminal conflict and civil regional counsel; the
301 names, home addresses, telephone numbers, dates of birth, and
302 places of employment of the spouses and children of current or
303 former public defenders, assistant public defenders, criminal
304 conflict and civil regional counsel, and assistant criminal
305 conflict and civil regional counsel; and the names and locations
306 of schools and day care facilities attended by the children of
307 current or former public defenders, assistant public defenders,
308 criminal conflict and civil regional counsel, and assistant
309 criminal conflict and civil regional counsel are exempt from s.
310 119.07(1) and s. 24(a), Art. I of the State Constitution.
311 m. The home addresses, telephone numbers, dates of birth,
312 and photographs of current or former investigators or inspectors
313 of the Department of Business and Professional Regulation; the
314 names, home addresses, telephone numbers, dates of birth, and
315 places of employment of the spouses and children of such current
316 or former investigators and inspectors; and the names and
317 locations of schools and day care facilities attended by the
318 children of such current or former investigators and inspectors
319 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
320 Constitution.
321 n. The home addresses, telephone numbers, and dates of
322 birth of county tax collectors; the names, home addresses,
323 telephone numbers, dates of birth, and places of employment of
324 the spouses and children of such tax collectors; and the names
325 and locations of schools and day care facilities attended by the
326 children of such tax collectors are exempt from s. 119.07(1) and
327 s. 24(a), Art. I of the State Constitution.
328 o. The home addresses, telephone numbers, dates of birth,
329 and photographs of current or former personnel of the Department
330 of Health whose duties include, or result in, the determination
331 or adjudication of eligibility for social security disability
332 benefits, the investigation or prosecution of complaints filed
333 against health care practitioners, or the inspection of health
334 care practitioners or health care facilities licensed by the
335 Department of Health; the names, home addresses, telephone
336 numbers, dates of birth, and places of employment of the spouses
337 and children of such personnel; and the names and locations of
338 schools and day care facilities attended by the children of such
339 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
340 the State Constitution.
341 p. The home addresses, telephone numbers, dates of birth,
342 and photographs of current or former impaired practitioner
343 consultants who are retained by an agency or current or former
344 employees of an impaired practitioner consultant whose duties
345 result in a determination of a person's skill and safety to
346 practice a licensed profession; the names, home addresses,
347 telephone numbers, dates of birth, and places of employment of
348 the spouses and children of such consultants or their employees;
349 and the names and locations of schools and day care facilities
350 attended by the children of such consultants or employees are
351 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
352 Constitution.
353 q. The home addresses, telephone numbers, dates of birth,
354 and photographs of current or former emergency medical
355 technicians or paramedics certified under chapter 401; the
356 names, home addresses, telephone numbers, dates of birth, and
357 places of employment of the spouses and children of such
358 emergency medical technicians or paramedics; and the names and
359 locations of schools and day care facilities attended by the
360 children of such emergency medical technicians or paramedics are
361 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
362 Constitution.
363 r. The home addresses, telephone numbers, dates of birth,
364 and photographs of current or former personnel employed in an
365 agency's office of inspector general or internal audit
366 department whose duties include auditing or investigating waste,
367 fraud, abuse, theft, exploitation, or other activities that
368 could lead to criminal prosecution or administrative discipline;
369 the names, home addresses, telephone numbers, dates of birth,
370 and places of employment of spouses and children of such
371 personnel; and the names and locations of schools and day care
372 facilities attended by the children of such personnel are exempt
373 from s. 119.07(1) and s. 24(a), Art. I of the State
374 Constitution.
375 s. The home addresses, telephone numbers, dates of birth,
376 and photographs of current or former directors, managers,
377 supervisors, nurses, and clinical employees of an addiction
378 treatment facility; the home addresses, telephone numbers,
379 photographs, dates of birth, and places of employment of the
380 spouses and children of such personnel; and the names and
381 locations of schools and day care facilities attended by the
382 children of such personnel are exempt from s. 119.07(1) and s.
383 24(a), Art. I of the State Constitution. For purposes of this
384 sub-subparagraph, the term "addiction treatment facility" means
385 a county government, or agency thereof, that is licensed
386 pursuant to s. 397.401 and provides substance abuse prevention,
387 intervention, or clinical treatment, including any licensed
388 service component described in s. 397.311(27).
389 t. The home addresses, telephone numbers, dates of birth,
390 and photographs of current or former directors, managers,
391 supervisors, and clinical employees of a child advocacy center
392 that meets the standards of s. 39.3035(2) and fulfills the
393 screening requirement of s. 39.3035(3), and the members of a
394 Child Protection Team as described in s. 39.303 whose duties
395 include supporting the investigation of child abuse or sexual
396 abuse, child abandonment, child neglect, and child exploitation
397 or to provide services as part of a multidisciplinary case
398 review team; the names, home addresses, telephone numbers,
399 photographs, dates of birth, and places of employment of the
400 spouses and children of such personnel and members; and the
401 names and locations of schools and day care facilities attended
402 by the children of such personnel and members are exempt from s.
403 119.07(1) and s. 24(a), Art. I of the State Constitution.
404 u. The home addresses, telephone numbers, places of
405 employment, dates of birth, and photographs of current or former
406 staff and domestic violence advocates, as defined in s.
407 90.5036(1)(b), of domestic violence centers certified by the
408 Department of Children and Families under chapter 39; the names,
409 home addresses, telephone numbers, places of employment, dates
410 of birth, and photographs of the spouses and children of such
411 personnel; and the names and locations of schools and day care
412 facilities attended by the children of such personnel are exempt
413 from s. 119.07(1) and s. 24(a), Art. I of the State
414 Constitution.
415 v. The home addresses, telephone numbers, dates of birth,
416 and photographs of current or former inspectors or investigators
417 of the Department of Agriculture and Consumer Services; the
418 names, home addresses, telephone numbers, dates of birth, and
419 places of employment of the spouses and children of current or
420 former inspectors or investigators; and the names and locations
421 of schools and day care facilities attended by the children of
422 current or former inspectors or investigators are exempt from s.
423 119.07(1) and s. 24(a), Art. I of the State Constitution. This
424 sub-subparagraph is subject to the Open Government Sunset Review
425 Act in accordance with s. 119.15 and shall stand repealed on
426 October 2, 2028, unless reviewed and saved from repeal through
427 reenactment by the Legislature.
428 w. The home addresses, telephone numbers, dates of birth,
429 and photographs of current county attorneys, assistant county
430 attorneys, deputy county attorneys, city attorneys, assistant
431 city attorneys, and deputy city attorneys; the names, home
432 addresses, telephone numbers, photographs, dates of birth, and
433 places of employment of the spouses and children of current
434 county attorneys, assistant county attorneys, deputy county
435 attorneys, city attorneys, assistant city attorneys, and deputy
436 city attorneys; and the names and locations of schools and day
437 care facilities attended by the children of current county
438 attorneys, assistant county attorneys, deputy county attorneys,
439 city attorneys, assistant city attorneys, and deputy city
440 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of
441 the State Constitution. This exemption does not apply to a
442 county attorney, assistant county attorney, deputy county
443 attorney, city attorney, assistant city attorney, or deputy city
444 attorney who qualifies as a candidate for election to public
445 office. This sub-subparagraph is subject to the Open Government
446 Sunset Review Act in accordance with s. 119.15 and shall stand
447 repealed on October 2, 2029, unless reviewed and saved from
448 repeal through reenactment by the Legislature.
449 x. The home addresses, telephone numbers, dates of birth,
450 and photographs of current or former commissioners of the
451 Florida Gaming Control Commission; the names, home addresses,
452 telephone numbers, dates of birth, photographs, and places of
453 employment of the spouses and children of such current or former
454 commissioners; and the names and locations of schools and day
455 care facilities attended by the children of such current or
456 former commissioners are exempt from s. 119.07(1) and s. 24(a),
457 Art. I of the State Constitution. This sub-subparagraph is
458 subject to the Open Government Sunset Review Act in accordance
459 with s. 119.15 and shall stand repealed on October 2, 2029,
460 unless reviewed and saved from repeal through reenactment by the
461 Legislature.
462 y. The home addresses, telephone numbers, dates of birth,
463 and photographs of current clerks of the circuit court, deputy
464 clerks of the circuit court, and clerk of the circuit court
465 personnel; the names, home addresses, telephone numbers, dates
466 of birth, and places of employment of the spouses and children
467 of current clerks of the circuit court, deputy clerks of the
468 circuit court, and clerk of the circuit court personnel; and the
469 names and locations of schools and day care facilities attended
470 by the children of current clerks of the circuit court, deputy
471 clerks of the circuit court, and clerk of the circuit court
472 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
473 the State Constitution. This sub-subparagraph is subject to the
474 Open Government Sunset Review Act in accordance with s. 119.15
475 and shall stand repealed on October 2, 2029, unless reviewed and
476 saved from repeal through reenactment by the Legislature.
478 z.(I) As used in this sub-subparagraph, the term:
479 (A) "Congressional member" means a person who is elected
480 to serve as a member of the United States House of
481 Representatives or is elected or appointed to serve as a member
482 of the United States Senate.
483 (B) "Partial home address" means the dwelling location at
484 which an individual resides and includes the physical address,
485 mailing address, street address, parcel identification number,
486 plot identification number, legal property description,
487 neighborhood name and lot number, GPS coordinates, and any other
488 descriptive property information that may reveal the partial
489 home address, except for the city and zip code.
490 (C) "Public officer" means a person who holds one of the
491 following offices: Governor, Lieutenant Governor, Chief
492 Financial Officer, Attorney General, Agriculture Commissioner,
493 state representative, state senator, property appraiser,
494 supervisor of elections, school superintendent, school board
495 member, mayor, city commissioner, or county commissioner.
496 (II) The following information is exempt from s. 119.07(1)
497 and s. 24(a), Art. I of the State Constitution:
498 (A) The partial home addresses of a current congressional
499 member or public officer and his or her spouse or adult child.
500 (B) The telephone numbers of a current congressional
501 member or public officer and his or her spouse or adult child.
502 (C) The name, home addresses, telephone numbers, and date
503 of birth of a minor child of a current congressional member or
504 public officer and the name and location of the school or day
505 care facility attended by the minor child.
506 (III) This sub-subparagraph is subject to the Open
507 Government Sunset Review Act in accordance with s. 119.15 and
508 shall stand repealed on October 2, 2030, unless reviewed and
509 saved from repeal through reenactment by the Legislature.
510 3.a. An agency that is the custodian of the information
511 specified in subparagraph 2. and that is not the employer of the
512 officer, employee, justice, judge, or other person specified in
513 subparagraph 2. must maintain the exempt status of that
514 information only if the officer, employee, justice, judge, other
515 person, or employing agency of the designated employee submits a
516 written and notarized request for maintenance of the exemption
517 to the custodial agency. The request must state under oath the
518 statutory basis for the individual's exemption request and
519 confirm the individual's status as a party eligible for exempt
520 status.
521 b. An agency that is the custodian of information
522 specified in sub-subparagraph 2.z. and that is not the employer
523 of the congressional member, public officer, or other person
524 specified in sub-subparagraph 2.z. must maintain the exempt
525 status of that information only if an individual requests the
526 maintenance of an exemption pursuant to sub-subparagraph 2.z. on
527 the basis of eligibility as a current congressional member or
528 public officer and his or her spouse or child submits, as part
529 of the written and notarized request required by sub-
530 subparagraph a., the date of the congressional member's or
531 public officer's election or appointment to public office, the
532 date on which that office is next subject to election, and, if
533 applicable, the date on which the current congressional member's
534 or public officer's minor child reaches the age of majority. The
535 custodian must maintain an exemption granted pursuant to sub-
536 subparagraph 2.z. until the qualifying conditions for the
537 exemption no longer apply to the person subject to the
538 exemption.
539 4.a. A county property appraiser, as defined in s.
540 192.001(3), or a county tax collector, as defined in s.
541 192.001(4), who receives a written and notarized request for
542 maintenance of the exemption pursuant to subparagraph 3. must
543 comply by removing the name of the individual with exempt status
544 and the instrument number or Official Records book and page
545 number identifying the property with the exempt status from all
546 publicly available records maintained by the property appraiser
547 or tax collector. For written requests received on or before
548 July 1, 2021, a county property appraiser or county tax
549 collector must comply with this sub-subparagraph by October 1,
550 2021. A county property appraiser or county tax collector may
551 not remove the street address, legal description, or other
552 information identifying real property within the agency's
553 records so long as a name or personal information otherwise
554 exempt from inspection and copying pursuant to this section is
555 not associated with the property or otherwise displayed in the
556 public records of the agency.
557 b. Any information restricted from public display,
558 inspection, or copying under sub-subparagraph a. must be
559 provided to the individual whose information was removed.
560 5. An officer, an employee, a justice, a judge, or other
561 person specified in subparagraph 2. may submit a written request
562 for the release of his or her exempt information to the
563 custodial agency. The written request must be notarized and must
564 specify the information to be released and the party authorized
565 to receive the information. Upon receipt of the written request,
566 the custodial agency must release the specified information to
567 the party authorized to receive such information.
568 6. The exemptions in this paragraph apply to information
569 held by an agency before, on, or after the effective date of the
570 exemption.
571 7. Information made exempt under this paragraph may be
572 disclosed pursuant to s. 28.2221 to a title insurer authorized
573 pursuant to s. 624.401 and its affiliates as defined in s.
574 624.10; a title insurance agent or title insurance agency as
575 defined in s. 626.841(1) or (2), respectively; or an attorney
576 duly admitted to practice law in this state and in good standing
577 with The Florida Bar.
578 8. The exempt status of a home address contained in the
579 Official Records is maintained only during the period when a
580 protected party resides at the dwelling location. Upon
581 conveyance of real property after October 1, 2021, and when such
582 real property no longer constitutes a protected party's home
583 address as defined in sub-subparagraph 1.a., the protected party
584 must submit a written request to release the removed information
585 to the county recorder. The written request to release the
586 removed information must be notarized, must confirm that a
587 protected party's request for release is pursuant to a
588 conveyance of his or her dwelling location, and must specify the
589 Official Records book and page, instrument number, or clerk's
590 file number for each document containing the information to be
591 released.
592 9. Upon the death of a protected party as verified by a
593 certified copy of a death certificate or court order, any party
594 can request the county recorder to release a protected
595 decedent's removed information unless there is a related request
596 on file with the county recorder for continued removal of the
597 decedent's information or unless such removal is otherwise
598 prohibited by statute or by court order. The written request to
599 release the removed information upon the death of a protected
600 party must attach the certified copy of a death certificate or
601 court order and must be notarized, must confirm the request for
602 release is due to the death of a protected party, and must
603 specify the Official Records book and page number, instrument
604 number, or clerk's file number for each document containing the
605 information to be released. A fee may not be charged for the
606 release of any document pursuant to such request.
607 Section 8. The amendment made by this act to s.
608 119.071(4)(d)2.g., Florida Statutes, is subject to the Open
609 Government Sunset Review Act in accordance with s. 119.15,
610 Florida Statutes, and shall stand repealed on October 2, 2031,
611 unless reviewed and saved from repeal through reenactment by the
612 Legislature and the text of that sub-subparagraph shall revert
613 to that in existence on June 30, 2026, except that any
614 amendments to such text enacted other than by this act shall be
615 preserved and continue to operate to the extent that such
616 amendments are not dependent upon the amendment to the text
617 which expires pursuant to this section.
618 Section 9. The Legislature finds that it is a public
619 necessity that the home addresses, dates of birth, and telephone
620 numbers of the chair, commissioners, and hearing officers of the
621 Public Employees Relations Commission; the names, home
622 addresses, telephone numbers, dates of birth, and places of
623 employment of the spouses and children of such personnel; and
624 the names and locations of schools and day care facilities
625 attended by the children of such personnel be made exempt from
626 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
627 State Constitution. Such personnel and their families are at a
628 heightened risk of physical and emotional harm from disgruntled
629 individuals who have contentious reactions to actions taken by
630 the commission. In addition, such personnel may be subject to
631 threats or acts of revenge because of the duties they perform.
632 The spouses and children of such personnel are also endangered
633 by individuals who seek to intimidate or harm such personnel.
634 The Legislature finds that the harm that may result from the
635 release of such personal identifying and location information
636 outweighs any public benefit that may be derived from disclosure
637 of the information.
638 Section 10. This act shall take effect on the same date
639 that HB 995 or similar legislation takes effect, if such
640 legislation is adopted in the same legislative session or an
641 extension thereof and becomes a law.