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 68
INTRODUCER: Criminal Justice Committee and Senator Garcia
SUBJECT: Public Records/Staff and Domestic Violence Advocates of Domestic Violence Centers
DATE: March 2, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Cox CF Favorable
2. Stokes Jones CJ Fav/CS
3. Moody Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 68 amends s. 119.071(4)(d), F.S., creating a new exemption from public records
disclosure for specified personal information of current and former staff and domestic violence
advocates of domestic violence centers certified by the Department of Children and Families
(DCF) under ch. 39, F.S., and specified personal information relating to their spouses and
children.
The bill exempts the following information from public records disclosure:
 Home addresses, telephone numbers, places of employment, dates of birth, and photographs
of such personnel;
 Names, home addresses, telephone numbers, places of employment, dates of birth, and
photographs of the spouses and children of such personnel; and
 Names and locations of schools and day care facilities attended by the children of such
personnel.
The bill provides a statement of public necessity as required by the state constitution.
Because the bill creates a new public records exemption, it requires a two-thirds vote of the
members present and voting in each house of the Legislature for final passage.
The bill is subject to the Open Government Sunset Review Act and will be repealed on
October 2, 2024, in accordance with s. 119.15, F.S., unless the statute is reviewed and reenacted
BILL: CS/SB 68 Page 2
by the Legislature before that date. While the repeal date is typically 5 years from enactment of
an exemption, the repeal date for this bill is 3 years, so that it remains consistent with the repeal
dates of other exemptions currently in s. 119.071(4)(d), F.S.
There is no anticipated fiscal impact on state, county, or municipal governments. Agency costs
incurred in responding to public records requests for the specified information should be offset
by authorized fees. See Section V. Fiscal Impact Statement.
The bill is effective upon becoming a law.
II. Present Situation:
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, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the rules of each house of the
legislature.3 Florida Rule of Judicial Administration 2.420 governs public access to judicial
branch records.4 Lastly, ch. 119, F.S., provides requirements for public records held by executive
agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as 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
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.6 The Florida Supreme Court has interpreted the statutory definition of
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2020-2022) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2020-2022).
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
Section 119.011(12), F.S., defines “public record” to mean “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
BILL: CS/SB 68 Page 3
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”7
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.8 A violation of the Public Records Act may result in civil or
criminal liability.9
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.10 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.11
General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.14 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.15
Open Government Sunset Review Act
The Open Government Sunset Review Act16 (the Act) prescribes a legislative review process for
newly created or substantially amended17 public records or open meetings exemptions, with
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
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).
12
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).
13
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).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
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 as well as records.
BILL: CS/SB 68 Page 4
specified exceptions.18 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.19 However, an exemption may be reviewed under the Open Government Sunset
Review Act prior to the fifth year since enactment.
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.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
 It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
 It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to carefully 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.25 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 sunset, the previously
exempt records will remain exempt unless provided for by law.26
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
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?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
BILL: CS/SB 68 Page 5
General Public Records Exemptions for State Agency Personnel
There are three general public records exemptions that apply to all state agency personnel:
disclosure of an employee’s (1) social security number, (2) medical information, and (3) personal
identifying information of dependent children who are insured by an agency group insurance
plan.27
Social Security Numbers
Social security numbers of all current and former agency personnel are confidential and exempt
when held by the employing agency.28 An employing agency may only release social security
numbers for the following reasons:
 It is required by federal or state law, or court order.
 A receiving government agency needs the social security number to perform its duties.
 The employee consents to disclose his or her social security number.29
In addition, there is a general exemption for social security numbers which applies to the public
that makes social security numbers confidential and exempt.30 This exemption applies to any
agency that holds anyone’s social security number, including those belonging to the personnel of
that agency. This exemption, however, permits the agency to disclose social security numbers of
agency personnel in order to administer health or retirement benefits.31
Medical Information
A prospective, current, or former agency employee’s medical information is also exempt from
public disclosure if the medical information could identify the employee. Such information may
be disclosed if the person to whom the information pertains or the person’s legal representative
provides written permission pursuant to a court order.32
Personal Identifying Information
The personal identifying information of a dependent child of an agency employee who is insured
by an agency group insurance plan is exempt from public disclosure. This exemption applies to
the dependent children of current and former employees and is also retroactively applied.33
Public Records Exemptions for Specified Agency Personnel and Their Families
(s. 119.071(4)(d), F.S.)
Provisions in s. 119.071(4)(d), F.S., exempt from public disclosure certain personal identification
and location information of specified agency personnel and their spouses and children. Personnel
covered by these exemptions include, in part:
27
Section 119.071(4)(a) and (b), F.S.
28
Section 119.071(4)(a)1., F.S.
29
Section 119.071(4)(a), F.S.
30
Section 119.071(5)(a)5., F.S.
31
Section 119.071(5)(a)6.f. and g., F.S.
32
Section 119.071(4)(b)1., F.S.
33
Section 119.071(4)(b)2., F.S.
BILL: CS/SB 68 Page 6
 Active or former sworn or civilian law enforcement personnel employed by a law
enforcement agency, including correctional and correctional probation officers, certain
investigative personnel of the DCF and the Department of Health, and certain personnel of
the Department of Revenue and local governments involved in revenue collection and child
support enforcement;34
 Certain current or former nonsworn investigative personnel of the Department of Financial
Services;35
 Certain current or former nonsworn investigative personnel of the Office of Financial
Regulation’s Bureau of Financial Investigations;36
 Current or former certified firefighters;37
 Current or former justices of the Supreme Court, district court of appeal judges, circuit court
judges, and county court judges;38
 Current or former state attorneys, assistant state attorneys, statewide prosecutors, and
assistant statewide prosecutors;39
 Current or former code enforcement officers;40
 Current or former guardians ad litem;41
 Current or former public defenders, assistant public defenders, criminal conflict and civil
regional counsel, and assistant criminal conflict and civil regional counsel;42
 Current or former investigators or inspectors of the Department of Business and Professional
Regulation;43
 County tax collectors;44
 Current or former certified emergency medical technicians and paramedics;45
 Current or former directors, managers, supervisors, nurses, and clinical employees of an
addiction treatment facility;46 an