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1A bill to be entitled
2An act relating to public records; amending s.
3119.071, F.S.; providing definitions; providing an
4exemption from public record requirements for certain
5identifying and location information of current or
6former agency employees and the spouses and children
7of such employees; providing for retroactive
8application; specifying that the exemption does not
9limit certain existing exemptions; providing for
10future legislative review and repeal of the exemption;
11amending ss. 28.2221, 119.0714, 409.2577, and
12744.21031, F.S.; conforming cross-references to
13changes made by the act; providing a statement of
14public necessity; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18Section 1.  Paragraphs (d) and (e) of subsection (4) of
19section 119.071, Florida Statutes, are redesignated as
20paragraphs (e) and (f), respectively, and a new paragraph (d) is
21added to that subsection to read:
22119.071       General exemptions from inspection or copying of
23public records.—
24(4)     AGENCY PERSONNEL INFORMATION.—
25(d)1.       For purposes of this paragraph, the term:
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26a.      "Home addresses" means the dwelling location at which
27    an individual resides and includes the physical address, mailing
28    address, and street address.
29b.      "Telephone numbers" includes home telephone numbers,
30    personal cellular telephone numbers, personal pager telephone
31    numbers, and telephone numbers associated with personal
32    communications devices.
332.      The home addresses, telephone numbers, personal
34    electronic mail addresses, and dates of birth of current or
35    former agency employees; the names, home addresses, telephone
36    numbers, personal electronic mail addresses, dates of birth, and
37    places of employment of the spouses and children of such
38    employees; and the names and locations of schools and day care
39    facilities attended by the children of such employees held by
40    the employing agency are exempt from s. 119.07(1) and s. 24(a),
41    Art. I of the State Constitution. This exemption applies to such
42    information held by an employing agency before, on, or after the
43    effective date of this exemption.
443.      The exemption provided in subparagraph 2. does not
45    limit any exemption contained in paragraph (e).
464.      This paragraph is subject to the Open Government Sunset
47    Review Act in accordance with s. 119.15 and shall stand repealed
48    on October 2, 2031, unless reviewed and saved from repeal
49    through reenactment by the Legislature.
50Section 2.  Paragraph (b) of subsection (2) and paragraph
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51    (b) of subsection (6) of section 28.2221, Florida Statutes, are
52    amended to read:
5328.2221       Electronic access to official records.—
54(2)
55(b)     Unless otherwise required by the court, a county
56    recorder may not remove the grantor name, grantee name, or party
57    name from the register of the Official Records, as described in
58    s. 28.222(2), and the index on the publicly available Internet
59    website on the basis of an exemption as defined in s. 119.011
60    unless the name of the grantor or grantee includes the street
61    address portion of the home address as defined in s.
62    119.071(4)(e) s. 119.071(4)(d), in which case the county
63    recorder must remove the street address portion from display.
64    Home addresses, as defined in s. 119.071(4)(e) s. 119.071(4)(d),
65    which are exempt from inspection or copying under s. 119.071
66    must be included within the Official Records as described in s.
67    28.222(2) but may not be included within the index or otherwise
68    displayed on the county recorder's publicly available Internet
69    website on which images or copies of the county's official
70    records are placed.
71(6)
72(b)1.       For the purpose of conducting a title search, as
73    defined in s. 627.7711(4), of the Official Records, as described
74    in s. 28.222(2), and upon presentation of photo identification
75    and affirmation by sworn affidavit consistent with s. 92.50 to
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76     the county recorder, information restricted from public display,
77     inspection, or copying under paragraph (5)(a) pursuant to a
78     request for removal made under s. 119.071(4)(e) s. 119.071(4)(d)
79     may be disclosed to:
80a.      A title insurer authorized pursuant to s. 624.401 and
81     its affiliates as defined in s. 624.10;
82b.      A title insurance agent or title insurance agency as
83     defined in s. 626.841(1) and (2), respectively; or
84c.      An attorney duly admitted to practice law in this state
85     and in good standing with The Florida Bar.
862.      The photo identification and affirmation by sworn
87     affidavit may be delivered in person, by mail, or by electronic
88     transmission to the county recorder.
893.      The affiant requestor must attest to his or her
90     authority and the authorized purpose to access exempt
91     information pursuant to this section for the property specified
92     within the sworn affidavit.
934.      The affiant requestor must identify the Official
94     Records book and page number, instrument number, or the clerk's
95     file number for each document requested within the sworn
96     affidavit and must include a description of the lawful purpose
97     and identify the individual or property that is the subject of
98     the search within the sworn affidavit.
995.      Affidavits submitted by a title insurer, title
100    insurance agent, or title insurance agency must include the
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101    Florida Company Code or the license number, as applicable, and
102    an attestation to the affiant requestor's authorization to
103    transact business in this state. Affidavits submitted by an
104    attorney authorized under this section must include the affiant
105    requestor's Florida Bar number and a statement that the affiant
106    requestor has an agency agreement with a title insurer directly
107    or through his or her law firm.
1086.      The county recorder must record such affidavit in the
109    Official Records, as described in s. 28.222(2), but may not
110    place the image or copy of the affidavit on a publicly available
111    Internet website for general public display.
1127.      Upon providing a document disclosing redacted
113    information to an affiant requestor under this section, the
114    county recorder must provide a copy of the affidavit requesting
115    disclosure of the redacted information to each affected party at
116    the address listed on the document or on the request for removal
117    made by the affected party under s. 119.071. The county recorder
118    must prepare a certificate of mailing to be affixed to the
119    affidavit and must receive the statutory service charges as
120    prescribed by s. 28.24 from the affiant requestor.
1218.      Any party making a false attestation under this section
122    is subject to the penalty of perjury under s. 837.012.
123Section 3.  Paragraph (f) of subsection (2) and paragraph
124    (f) of subsection (3) of section 119.0714, Florida Statutes, are
125    amended to read:
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126119.0714  Court files; court records; official records.—
127(2)     COURT RECORDS.—
128(f)     A request for maintenance of a public records
129    exemption in s. 119.071(4)(e)2. s. 119.071(4)(d)2. made pursuant
130    to s. 119.071(4)(e)3. s. 119.071(4)(d)3. must specify the
131    document type, name, identification number, and page number of
132    the court record that contains the exempt information.
133(3)     OFFICIAL RECORDS.—A person who prepares or files a
134    record for recording in the official records as provided in
135    chapter 28 may not include in that record a social security
136    number or a bank account, debit, charge, or credit card number
137    unless otherwise expressly required by law.
138(f)     A request for maintenance of a public records
139    exemption in s. 119.071(4)(e)2. s. 119.071(4)(d)2. made pursuant
140    to s. 119.071(4)(e)3. s. 119.071(4)(d)3. must specify the
141    document type, name, identification number, and page number of
142    the official record that contains the exempt information.
143Section 4.  Section 409.2577, Florida Statutes, is amended
144    to read:
145409.2577  Parent locator service.—The department shall
146    establish a parent locator service to assist in locating parents
147    who have deserted their children and other persons liable for
148    support of dependent children. The department shall use all
149    sources of information available, including the Federal Parent
150    Locator Service, and may request and shall receive information
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151    from the records of any person or the state or any of its
152    political subdivisions or any officer thereof. Any agency as
153    defined in s. 120.52, any political subdivision, and any other
154    person shall, upon request, provide the department any
155    information relating to location, salary, insurance, social
156    security, income tax, and employment history necessary to locate
157    parents who owe or potentially owe a duty of support pursuant to
158    Title IV-D of the Social Security Act. This provision shall
159    expressly take precedence over any other statutory nondisclosure
160    provision which limits the ability of an agency to disclose such
161    information, except that law enforcement information as provided
162    in s. 119.071(4)(e) s. 119.071(4)(d) is not required to be
163    disclosed, and except that confidential taxpayer information
164    possessed by the Department of Revenue shall be disclosed only
165    to the extent authorized in s. 213.053(16). Nothing in this
166    section requires the disclosure of information if such
167    disclosure is prohibited by federal law. Information gathered or
168    used by the parent locator service is confidential and exempt
169    from the provisions of s. 119.07(1). Additionally, the
170    department is authorized to collect any additional information
171    directly bearing on the identity and whereabouts of a person
172    owing or asserted to be owing an obligation of support for a
173    dependent child. The department shall, upon request, make
174    information available only to public officials and agencies of
175    this state; political subdivisions of this state, including any
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176    agency thereof providing child support enforcement services to
177    non-Title IV-D clients; the parent owed support, legal guardian,
178    attorney, or agent of the child; and other states seeking to
179    locate parents who have deserted their children and other
180    persons liable for support of dependents, for the sole purpose
181    of establishing, modifying, or enforcing their liability for
182    support, and shall make such information available to the
183    Department of Children and Families for the purpose of diligent
184    search activities pursuant to chapter 39. If the department has
185    reasonable evidence of domestic violence or child abuse and the
186    disclosure of information could be harmful to the parent owed
187    support or the child of such parent, the child support program
188    director or designee shall notify the Department of Children and
189    Families and the Secretary of the United States Department of
190    Health and Human Services of this evidence. Such evidence is
191    sufficient grounds for the department to disapprove an
192    application for location services.
193Section 5.  Paragraph (c) of subsection (1) of section
194    744.21031, Florida Statutes, is amended to read:
195744.21031  Public records exemption.—
196(1)     For purposes of this section, the term:
197(c)     "Telephone numbers" has the same meaning as provided
198    in s. 119.071(4)(e)1.c. s. 119.071(4)(d)1.c.
199Section 6.  The Legislature finds that it is a public
200    necessity that the home addresses, telephone numbers, personal
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201    electronic mail addresses, and dates of birth of current or
202    former agency employees; the names, home addresses, telephone
203    numbers, personal electronic mail addresses, dates of birth, and
204    places of employment of the spouses and children of such
205    employees; and the names and locations of schools and day care
206    facilities attended by the children of such employees held by
207    the employing agency be made exempt from s. 119.07(1), Florida
208    Statutes, and s. 24(a), Article I of the State Constitution.
209    Current or former agency employees and their spouses and
210    children may be targets of harassment, stalking, intimidation,
211    threats, or other forms of harm due to the nature of the
212    employees' public duties. The public release of home addresses,
213    telephone numbers, and personal electronic mail addresses could
214    enable a person intent on harming or harassing such employee or
215    the employee's family to directly contact, locate, or surveil
216    such individuals. Protecting such information reduces the risk
217    of unwanted contact, cyberstalking, and other privacy invasions.
218    In addition, the public release of the names and places of
219    employment of the spouses and children of current or former
220    agency employees poses additional risks of harm to such
221    individuals. Disclosure of such information increases the
222    ability of malicious actors to directly target or locate the
223    family members of current or former agency employees. Protecting
224    this information reduces the risk of harassment, stalking, or
225    physical harm to the spouses and children of such employees.
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226    Additionally, the release of dates of birth of current or former
227    agency employees and their spouses and children poses a risk of
228    identity theft, fraud, and impersonation. Dates of birth are
229    commonly used as a means of verifying identity and, when
230    combined with other identifying information, may be used by
231    malicious actors to falsely represent themselves as the
232    individual and gain unauthorized access to financial accounts or
233    otherwise misuse the individual's identity for unlawful
234    purposes. Protecting this information is therefore essential to
235    reducing the risk of identity theft, fraud, impersonation, and
236    other unlawful use of such information. Furthermore, the release
237    of the names and locations of schools and day care facilities
238    attended by the children of current or former agency employees
239    poses a risk to the safety of such children. Disclosure of this
240    information would enable a person to locate the children of such
241    employees at predictable times and places. Protecting this
242    information is therefore essential to preventing potential harm,
243    including stalking, harassment, kidnapping, or other threats to
244    the well-being of such employees' minor children. Finally, the
245    Legislature finds that current or former agency employees and
246    their families should not be subject to increased safety risks
247    or other privacy invasions solely because the employee works or
248    worked for an agency.
249Section 7.  This act shall take effect upon becoming a law.
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