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  CS/HB 251  2026
1A bill to be entitled
2An act relating to public records; amending s.
3119.071, F.S.; providing an exemption from public
4records requirements for the personal identifying and
5location information of current emergency department
6physicians and the spouses and certain children of
7such emergency department physicians; providing for
8retroactive application; requiring certain agencies
9that are custodians of exempt information to maintain
10the exempt status of such information under certain
11circumstances; specifying procedures for requesting an
12agency to maintain the exempt status of such
13information until the exemption no longer applies to
14the individual; providing for future legislative
15review and repeal of the exemption; providing a
16statement of public necessity; providing an effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21Section 1.  Paragraph (l) is added to subsection (5) of
22section 119.071, Florida Statutes, to read:
23119.071       General exemptions from inspection or copying of
24public records.—
25(5)     OTHER PERSONAL INFORMATION.—
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26(l)      For purposes of this paragraph, the term "emergency
27    department physician" means a physician licensed under chapter
28    458 or chapter 459 whose duties are performed in a hospital
29    emergency department licensed under chapter 395.
301.      The home addresses, personal telephone numbers, and
31    dates of birth of current emergency department physicians; the
32    names, home addresses, personal telephone numbers, dates of
33    birth, and places of employment of the spouses and children
34    younger than 26 years of age of such emergency department
35    physicians; and the names and locations of schools and day care
36    facilities attended by the children younger than 26 years of age
37    of such emergency department physicians are exempt from s.
38    119.07(1) and s. 24(a), Art. I of the State Constitution.
392.      The exemption in subparagraph 1. applies to information
40    held by an agency before, on, or after July 1, 2026.
413.      An agency that is the custodian of information
42    specified in subparagraph 1. and that is not the employer of the
43    emergency department physician must maintain the exempt status
44    of that information only if the individual requests the
45    maintenance of an exemption under subparagraph 1. on the basis
46    of eligibility as a current emergency department physician or
47    the spouse or child younger than 26 years of age of such
48    emergency department physician and the individual submits a
49    written and notarized request for maintenance of the exemption
50    to the custodial agency. The request must state under oath the
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51    statutory basis for the individual's exemption request and
52    confirm the individual's eligibility for the exemption. An
53    individual who has submitted such a request has a duty to
54    withdraw the request if the exemption no longer applies to the
55    individual. If a custodial agency receives a request meeting the
56    requirements of this subparagraph, the custodial agency must
57    maintain the exempt status of such information applicable to the
58    individual until the qualifying conditions for the exemption
59    under subparagraph 1. no longer apply to the individual subject
60    to the exemption.
614.      This paragraph is subject to the Open Government Sunset
62    Review Act in accordance with s. 119.15 and shall stand repealed
63    on October 2, 2031, unless reviewed and saved from repeal
64    through reenactment by the Legislature.
65Section 2.  The Legislature finds that it is a public
66    necessity that the home addresses, personal telephone numbers,
67    and dates of birth of current emergency department physicians;
68    the names, home addresses, personal telephone numbers, dates of
69    birth, and places of employment of the spouses and children
70    younger than 26 years of age of such emergency department
71    physicians; and the names and locations of schools and day care
72    facilities attended by the children younger than 26 years of age
73    of such emergency department physicians be made exempt from s.
74    119.07(1), Florida Statutes, and s. 24(a), Article I of the
75    State Constitution. Emergency department physicians, by the
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76    nature of their duties, are often placed in traumatic
77    circumstances in which loss of life and severe bodily injuries
78    have occurred. Such emergency department physicians are
79    particularly vulnerable to physical violence, harassment, and
80    intimidation perpetrated by patients or relatives of patients
81    who can be violent, angry, or mentally unstable. As a result,
82    the Legislature finds that the release of personal identifying
83    and location information of emergency department physicians, or
84    of the spouses and children younger than 26 years of age of such
85    emergency department physicians, could place them in danger of
86    being physically or emotionally harmed or stalked by a person
87    who has a hostile reaction to his or her encounter with such
88    emergency department physicians. The Legislature further finds
89    that the harm that may result from the release of such personal
90    identifying and location information outweighs any public
91    benefit that may be derived from the disclosure of the
92    information.
93Section 3.  This act shall take effect July 1, 2026.
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