HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 103 Pub. Rec./County and City Attorneys
SPONSOR(S): Civil Justice Subcommittee, Arrington and others
TIED BILLS:        IDEN./SIM. BILLS: SB 712
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Civil Justice Subcommittee                               18 Y, 0 N, As CS        Leshko             Jones
    2) Ethics, Elections & Open Government                      14 Y, 0 N               Skinner            Toliver
       Subcommittee
    3) Judiciary Committee                                      21 Y, 0 N               Leshko             Kramer
                                              SUMMARY ANALYSIS
County and city attorneys provide legal counsel and representation to their respective elected and appointed
officials, departments, authorities, boards, and committees. Both county and city attorneys handle sensitive
matters such as eminent domain, land use and zoning, and labor and employment, and have reported
receiving violent threats, including death threats, via phone calls and emails, based on the nature of their work.
Currently, neither the personal identifying nor location information of current county attorneys, assistant county
attorneys, deputy county attorneys, city attorneys, assistant city attorneys, or deputy city attorneys or such
information of their spouses and children are exempt from Florida’s public record requirements.
CS/HB 103 creates a public record exemption for current county attorneys, assistant county attorneys, deputy
county attorneys, city attorneys, assistant city attorneys, and deputy city attorneys and the spouses and
children of such attorneys. The following personal identifying and location information is exempt from public
record requirements under the bill:
     Home addresses, telephone numbers, dates of birth, and photographs of current county attorneys,
        assistant county attorneys, deputy county attorneys, city attorneys, assistant city attorneys, and deputy
        city attorneys;
     Names, home addresses, telephone numbers, photographs, dates of birth, and places of employment
        of spouses and children of current county attorneys, assistant county attorneys, deputy county
        attorneys, city attorneys, assistant city attorneys, and deputy city attorneys; and
     Names and locations of schools and day care facilities attended by the children of current county
        attorneys, assistant county attorneys, deputy county attorneys, city attorneys, assistant city attorneys,
        and deputy city attorneys.
However, the exemption does not apply to a county attorney, assistant county attorney, deputy county
attorney, city attorney, assistant city attorney, or deputy city attorney who qualifies as a candidate for election
to public office. Additionally, pursuant to the Open Government Sunset Review Act, this exemption will be
automatically repealed on October 2, 2029, unless reenacted by the Legislature. The bill also includes the
constitutionally required public necessity statement.
The bill may have an insignificant negative fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2024.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly-created or expanded public record exemption. The bill creates a
public record exemption for current county attorneys, assistant county attorneys, deputy county
attorneys, city attorneys, assistant city attorneys, and deputy city attorneys, and their families; thus, it
requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                          FULL ANALYSIS
                                                  I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Background
                  Public Records
         Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
         government records, guaranteeing every person a right to inspect or copy any public record of the
         legislative, executive, and judicial branches of government. The Legislature, however, may provide by
         general law an exemption1 from public record requirements provided that the exemption passes by a
         two-thirds vote of each chamber, states with specificity the public necessity justifying the exemption,
         and is no broader than necessary to meet its public purpose.2
         Section 119.01, F.S., also addresses the public policy regarding access to government records,
         guaranteeing every person a right to inspect and copy any state, county, or municipal record, unless
         the record is exempt. Furthermore, the Open Government Sunset Review (OGSR) Act3 provides that a
         public record exemption may be created, revised, or maintained only if it serves an identifiable public
         purpose and the “Legislature finds that the purpose is sufficiently compelling to override the strong
         public policy of open government and cannot be accomplished without the exemption.” 4 An identifiable
         public purpose is served if the exemption meets one of the following purposes:
              Allows the state or its political subdivisions to effectively and efficiently administer a
                 governmental program, which administration would be significantly impaired without the
                 exemption;
              Protects sensitive personal information that, if released, would be defamatory or would
                 jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                 under this provision; or
              Protects trade or business secrets.5
         Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
         public record exemption, is repealed on October 2nd of the fifth year following enactment, unless the
         Legislature reenacts the exemption.6
         Furthermore, there is a difference between records the Legislature designates exempt from public
         record requirements and those the Legislature designates confidential and exempt. A record classified
         as exempt from public disclosure may be disclosed under certain circumstances. If the Legislature
         designates a record as confidential and exempt from public disclosure, such record may not be
         released by the custodian of public records to anyone other than the persons or entities specifically
         designated in statute.7
                  County Attorneys
1 A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is n ot subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
2 Art. I, s. 24(c), FLA. C ONST.
3 S. 119.15, F.S.
4 S. 119.15(6)(b), F.S.
5 Id.
6 S. 119.15(3), F.S.
7 See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla. 2004); State v.
Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v.
City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991); See Op. Att’y Gen. Fla. 04- 09 (2004).
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         County attorneys provide representation and legal counsel to the county’s constitutionally-elected
         officers, the Board of County Commissioners, and various other county departments, agencies,
         officers, boards, and committees.8 County attorneys practice in a vast range of topic areas, including,
         but not limited to, real estate and commercial transactions, commercial and construction litigation, land
         use and zoning law, eminent domain, economic development, and employment and labor law. 9 The
         duties of county attorneys vary by county, but generally their duties include:
               Litigating on behalf of various county entities and officials;
               Preparing and negotiating the terms and conditions of contracts;
               Preparing resolutions, ordinances, and proposed legislation;
               Explaining and interpreting ordinances;
               Reviewing various matters for compliance with applicable laws and ordinances;
               Investigating and negotiating on behalf of the county to resolve legal matters; and
               Conducting legal research and drafting legal opinions.
                  City Attorneys
         City attorneys provide representation and legal counsel to the city’s elected and appointed public
         officials and various city departments, authorities, boards, and committees. 10 City attorneys provide
         legal counsel on many topics, including, but not limited to, civil rights, government contracting and
         procurement, land use, rezoning, easements, eminent domain, and labor and employment. 11 The
         duties of city attorneys vary by city, but generally their duties include:
               Contract drafting and negotiations;
               Drafting and reviewing development agreements, restrictive covenants, easements, and
                  planning and zoning applications;
               Drafting ordinances and resolutions;
               Advising city staff and city council on all legal issues, including the city code; and
               Providing legal representation for all city departments, boards, and agencies.12,13
         Both county and city attorneys have reported receiving violent threats, including death threats, via
         phone calls and emails, relating to their handling of code enforcement matters and other litigation. 14
         Currently, neither the personal identifying nor location information of current county attorneys, assistant
         county attorneys, deputy county attorneys, city attorneys, assistant city attorneys, or deputy city
         attorneys or such information of their spouses or children are exempt from Florida’s public record
         requirements.
         Effect of the Bill
         CS/HB 103 creates a public record exemption for current county attorneys, assistant county attorneys,
         deputy county attorneys, city attorneys, assistant city attorneys, and deputy city attorneys and the
         spouses and children of such attorneys. The following personal identifying and location information is
         exempt from public record requirements under the bill:
8 Pinellas County, County Attorney Quick Facts, https://pinellas.gov/department/county-attorney/ (last visited Jan. 25, 2024).
9 Miami-Dade County, County Attorney’s Office, https://www.miamidade.gov/attorney/ (last visited Jan. 25, 2024).
10 Miami, Office of the City Attorney, https://www.miami.gov/My-Government/Departments/Office-of-the-City-Attorney (last visited Jan.
25, 2024).
11 Id.
12 Id.
13 Clearwater, City Attorney, https://www.myclearwater.com/My-Government/City-Departments/City-Attorney (last visited Jan. 25,
2023).
14 See Email from Zoe Karabenick, Legislative Aide to Representative Arrington, RE: Resources Regarding HB 103 (Nov. 1, 2023) (on
file with the House Civil Justice Subcommittee).
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                  Home addresses, telephone numbers, dates of birth, and photographs of current county
                   attorneys, assistant county attorneys, deputy county attorneys, city attorneys, assistant city
                   attorneys, and deputy city attorneys;
                  Names, home addresses, telephone numbers, photographs, dates of birth, and places of
                   employment of spouses and children of current county attorneys, assistant county attorneys,
                   deputy county attorneys, city attorneys, assistant city attorneys, and deputy city attorneys;
                   and
                  Names and locations of schools and day care facilities attended by the children of current
                   county attorneys, assistant county attorneys, deputy county attorneys, city attorneys,
                   assistant city attorneys, and deputy city attorneys.
       However, the exemption does not apply to a county attorney, assistant county attorney, deputy county
       attorney, city attorney, assistant city attorney, or deputy city attorney who qualifies as a candidate for
       election to public office.
       Pursuant to the OGSR Act, this exemption will be automatically repealed on October 2, 2029, unless
       reenacted by the Legislature. The bill includes the constitutionally required public necessity statement.
       The bill provides an effective date of July 1, 2024.
   B. SECTION DIRECTORY:
       Section 1: Amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
                  public records.
       Section 2: Provides a public necessity statement.
       Section 3: Provides an effective date of July 1, 2024.
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
   A. FISCAL IMPACT ON STATE GOVERNMENT:
       1. Revenues:
           None.
       2. Expenditures:
           See Fiscal Comments.
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
       1. Revenues:
           None.
       2. Expenditures:
           See Fiscal Comments.
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.
   D. FISCAL COMMENTS:
       The bill may have an insignificant negative fiscal impact on agencies holding records that contain
       personal identifying and location information of current county attorneys, assistant county attorneys,
       deputy county attorneys, city attorneys, assistant city attorneys, and deputy city attorneys and their
       spouses and children, because staff responsible for complying with public record requests may require
       training related to the public record exemption. Additionally, agencies could incur costs associated with
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       redacting the exempt information prior to releasing records. However, these additional costs will likely
       be absorbed within existing resources.
                                               III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.
       2. Other:
          Vote Requirement
          Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
          and voting for final passage of a newly-created or expanded public record or public meeting
          exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
          passage.
          Public Necessity Statement
          Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
          created or expanded public record or public meeting exemption. The bill creates a public record
          exemption; thus, it includes a public necessity statement. The public necessity statement provides,
          in part, that the Legislature finds that the responsibilities of county and city attorneys regularly
          involve legal enforcement proceedings related to violations of codes and ordinances, which have
          resulted in threats, including death threats, from defendants and other associated parties.
          Additionally, it states that there have also been reported incidents of stalking of such attorneys and
          their spouses and children. Within the public necessity statement, the Legislature finds that release
          of such personal identifying and location information may increase the danger of such attorneys and
          their spouses and children being stalked or otherwise physically and emotionally harmed by a
          defendant or associated party; and that the harm that may result from release of such information
          outweighs any public benefit that may be derived from the disclosure of such information.
          Breadth of Exemption
          Article I, section 24(c) of the Florida Constitution requires a newly created or expanded public record
          or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
          the law. The bill creates a public record exemption for specified information concerning current
          county attorneys, assistant county attorneys, deputy county attorneys, city attorneys, assistant city
          attorneys, and deputy city attorneys and their spouses and children, which does not appear to be
          broader than necessary to accomplish its purpose.
   B. RULE-MAKING AUTHORITY:
       The bill neither provides authority for nor requires rulemaking by executive branch agencies.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On December 6, 2023, the Civil Justice Subcommittee adopted one amendment and reported the bill
   favorably as a committee substitute. The amendment revised language in the public necessity statement
   and made a technical change.
   This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.
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