The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1616
INTRODUCER: Rules Committee and Senator Martin
SUBJECT: Public Records/Transportation and Protective Services
DATE: April 11, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Favorable
2. McVaney Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1616 exempts from public records copying and inspection requirements those records
held by a law enforcement agency relating to security and transportation services provided for
the Governor, the Governor’s immediate family, visiting governors and the governors’ families,
and other persons as requested by certain state officials, and the Governor’s office and mansion.
The exemption applies to records held by a law enforcement agency before, on, or after the bill
becoming a law.
The bill makes findings, as required by the State Constitution, that the new exemption from
public records disclosure is a public necessity. Two-thirds vote of both the House and the Senate
is required for final passage.
The exemption is subject to the Open Government Sunset Review Act and will stand repealed on
October 2, 2028, unless reviewed and reenacted by the Legislature.
The bill is not expected to impact state or local government revenues or expenditures.
The bill is effective upon becoming law.
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II. Present Situation:
Transportation and Protective Services
Subsection 943.68(1), F.S., requires the Florida Department of Law Enforcement (DLE) to
provide and maintain the security of the Governor, the Governor’s immediate family, and the
Governor’s office and mansion.
Subsection 943.68(5), F.S., allows the DLE to provide security and transportation to visiting
governors and their families upon the request of the Governor.
Subsection 943.68(6), F.S., requires the DLE to provide security or transportation services to
other persons when requested by the Governor, Lieutenant Governor, a member of the Cabinet,
the Speaker of the House of Representatives, the President of the Senate, or the Chief Justice of
the Supreme Court. The requesting party must certify that such services are in the best interests
of the state. The persons that may be afforded these services are limited to persons (a) who are
visiting the state and the primary purpose of the visit is for a significant public purpose or (b) for
whom the failure to provide such services could result in a clear and present danger to the
personal safety of the persons or others or could result in public embarrassment for the state.
Subsection 943.68(9), F.S., requires the DLE to submit an annual report to the Governor, the
Legislature, and the Cabinet detailing all transportation and protective services provided for the
preceding fiscal year. The report must include a detailed accounting of the cost of such
transportation and protective services, including the names of persons provided such services and
the nature of the state business performed.
As the DLE and other law enforcement agencies perform these transportation and protective
services, reports are submitted detailing security, operational, and logistical plans; risk,
vulnerability, or threat assessments; and travel records of the protectee and the protective detail.
Knowledge of such information may increase the risks involved in providing such services.
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.3 Florida Rule of
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
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Judicial Administration 2.420 governs public access to judicial branch records.4 Lastly,
chapter 119, F.S., known as the Public Records Act, provides requirements for public records
held by executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.7 A violation of the Public Records Act may result in civil or
criminal liability.8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.9 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.10
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
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General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act (the Act),
prescribe a legislative review process for newly created or substantially amended public records
or open meetings exemptions,16 with specified exceptions.17 The Act requires the repeal of such
exemption on October 2nd of the fifth year after creation or substantial amendment; in order to
save an exemption from repeal, the Legislature must reenact the exemption or repeal the sunset
date.18 In practice, many exemptions are continued by repealing the sunset date, rather than
reenacting the exemption.
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary. An
exemption serves an identifiable purpose if the Legislature finds that the purpose of the
exemption outweighs open government policy and cannot be accomplished without the
exemption and it meets one of the following purposes:
 It allows the state or its political subdivision to effectively and efficiently administer a
program, and administration would be significantly impaired without the exemption;19
 The release of sensitive personal information would be defamatory or would jeopardize an
individual’s safety. If this public purpose is cited as the basis of an exemption, however, only
personal identifying information is exempt;20 or
 It protects trade or business secrets.21
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S. Section 119.15(4)(b), F.S., provides that an exemption is considered to be substantially amended if it
is expanded to include more records or information or to include meetings.
17
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
18
Section 119.15(3), F.S.
19
Section 119.15(6)(b)1., F.S.
20
Section 119.15(6)(b)2., F.S.
21
Section 119.15(6)(b)3., F.S.
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The Act also requires specified questions to be considered during the review process.22 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.23 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.24
III. Effect of Proposed Changes:
Section 1 amends s. 943.68, F.S., to exempt from public record copying and inspection
requirements records held by a law enforcement agency relating to security and transportation
services provided to the Governor and the Governor’s immediate family, of visiting governors
and their families as requested by the Governor, and other persons as requested by certain state
officers as well as the Governor’s office and mansion.
The section provides for repeal of the exemption on October 2, 2028, unless reviewed and saved
from repeal through reenactment by the Legislature.
Section 2 provides a statement of public necessity as required by the Florida Constitution. The
public necessity statement provides that the disclosure of records relating to the security and
transportation services may endanger the protected person, the families, and members of the
protective detail.
Section 3 directs the Division of Law Revision to replace the phrase “the effective date of this
act” with the actual date the act becomes a law.
Section 4 provides that the bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
22
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
23
See generally s. 119.15, F.S.
24
Section 119.15(7), F.S.
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raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill enacts a new exemption for security and
transportation services records held by a law enforcement agency, thus, the bill will
require a two-thirds vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2 of the bill contains a statement of public necessity for
the exemption.
Scope of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The purpose of the law is to protect records held by a law enforcement agency which
relate to the security and transportation services provided to certain persons and their
families, and the Governor’s office and mansion. The bill only exempts records related to
those services. The exemption does not appear to be broader than necessary to
accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
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