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 1488
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Stargel
SUBJECT: Public Records/Members of the Legislature
DATE: April 19, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Favorable
2. Candelaria McVaney GO Fav/CS
3. Biehl Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1488 exempts from public inspection and copying requirements certain identifying and
location information held by an agency of current legislators, along with their spouses and
children.
The bill defines the term “identification and location information” to mean the:
 Home address and telephone numbers of a current member of the Senate or House of
Representatives;
 Name, home address, telephone number, and place of employment of the spouse or child of a
current legislator; and
 Names and locations of schools and day care facilities attended by the child of a current
legislator.
The identification and location information held by an agency is exempt from public inspection
and copying requirements if such legislator submits to an agency a written request to exempt
such information, and a written statement that such legislator has made a reasonable effort to
protect the identification and location information from being accessible through other means.
The bill provides a public necessity statement for the new public records exemption. Passage of
the bill requires a two-thirds vote of members present and voting in each house of the
Legislature.
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The bill takes effect July 1, 2021.
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
“public records” 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
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 records” 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 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).
BILL: CS/SB 1488 Page 3
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
Exemptions to Public Disclosure Requirements
The Legislature may exempt public records from public disclosure 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 public disclosure 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
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
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). Such law shall contain only exemptions from public records or open meetings requirements
and provisions governing the enforcement of those requirements, and shall relate to one subject.
11
FLA. CONST. art. I, s. 24(c). 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
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. Section 119.15(4)(b), F.S.
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.
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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 to
meet the purpose.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 may exempted;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
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
Public Records Exemptions for Certain Public Officers/Employees in Sensitive Roles
There is currently no general public records exemption for personal identifying and location
information of Cabinet officers, legislators, and/or their spouses and children.
Such protection does exist for a wide range of other public officers and employees who in the
course of their official duties make decisions that could subject them to threats or harassment,
such as justices and judges, state attorneys and statewide prosecutors, public defenders, and
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.
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certain agency investigative personnel.27 For example, with respect to justices and judges,
Florida law exempts the following public records from inspection and copying:28
(e) The home addresses, dates of birth, and telephone numbers of current or
former justices of the Supreme Court, district court of appeal judges, circuit court
judges, and county court judges; the names, home addresses, telephone numbers,
dates of birth, and places of employment of the spouses and children of current or
former justices or judges; and the name and locations of schools and day care
facilities attended by the children of current or former justices and judges.
Penalties for Violations of Public Records Laws
Current law provides general penalties for violations of the Public Records Act. Any public
officer who:
 Violates any provision of the Act commits a noncriminal infraction, punishable by fine not
exceeding $500; and
 Knowingly violates the provisions of s. 119.07(1), F.S., is subject to suspension and removal
or impeachment and, in addition, commits a first degree misdemeanor.29
Any person who willfully and knowingly violates:
 Any of the provisions of the Act commits a first degree misdemeanor; and
 Section 119.105, F.S.,30 commits a third degree felony.31
In addition to the general penalties, a number of individual public records exemptions provide
penalties for disclosing the protected information. For example, the exemption for personal
identifying information of an enrollee or participant in the Florida Health Choice Program makes
it a second degree misdemeanor to knowingly and willfully violate the exemption’s
confidentiality provisions.32
III. Effect of Proposed Changes:
Section 1 amends s. 119. 071, F.S., to exempt certain identifying and location information held
by an agency of current legislators, along with their spouses and children.
This section defines the term “identification and location information” to mean the:
 Home address and telephone numbers of a current member of the Senate or House of
Representatives;
27
See s. 119.071(4), F.S. (detailing public records protections for a list of public officers and employees and their immediate
families).
28
Section 119.071(4)(d)2.e., F.S.
29
Section 119.10(1), F.S.
30
Section 119.105, F.S., provides that a person who comes into possession of exempt or confidential information contained
in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the
reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such
solicitation during the period of time that information remains exempt or confidential.
31
Section 119.10(2), F.S.
32
Section 408.910(14), F.S.
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 Name, home address, telephone number, and place of employment of the spouse or child of a
current legislator; and
 Names and locations of schools and day care facilities attended by the child of a current
legislator.
Identification and location information held by an agency is exempt from public inspection and
copying requirements if such legislator submits to an agency that has custody of the
identification and location information:
 A written request to exempt such information from public disclosure; and
 A written statement that he or she has made a reasonable effort to protect the identification
and location information from being accessible through other means available to the public.
Section 2 provides the requisite public necessity statement that identifies potential retribution
against legislators (and their families) for making necessary and impactful policy decisions as
one justification for the bill. It also cites such threats, harassment, and intimidation as potentially
discouraging residents from seeking elective office.
Section 3 provides that the bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The mandate restrictions do not apply because the bill does not require counties and
municipalities to spend funds, reduce counties’ or municipalities’ ability to raise revenue,
or reduce the percentage of state tax shared with counties and mun