HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1207 Pub. Rec./Members of the Legislature
SPONSOR(S): Government Operations Subcommittee, Beltran
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1488
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Government Operations Subcommittee 12 Y, 4 N, As CS Villa Smith
2) Public Integrity & Elections Committee 11 Y, 3 N Rubottom Rubottom
3) State Affairs Committee
SUMMARY ANALYSIS
Current law provides protection to a wide range of public officers and employees who, in the course of their
official duties, make decisions that could subject them to threats and harassment. For example, certain locating
and identifying information of justices and judges, state attorneys, and public defenders and the spouses and
children thereof are exempt from public record requirements. However, no such exemption currently exist for
legislators and their families.
The bill provides a public record exemption for “identification and location information” of current legislators and
their spouses and children under certain conditions. The bill defines “identification and location information” to
mean the:
Home address and telephone number of a current member of the Senate or the House of
Representatives;
Name, home address, telephone number, and place of employment of the spouse or child of a current
legislator;
Name and location of a school or day care facility attended by the child of a current legislator.
The bill provides that identification and location information is exempt from public record requirements if the
legislator submits to an agency that has custody of such 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.
The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption by that date.
The bill may have a minimal fiscal impact on the state and local governments. See Fiscal Comments.
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 provides for a public record exemption; thus, it requires a two-thirds vote for final
passage.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/9/2021
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. This section guarantees 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 for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.1 The general law must state with specificity the public necessity justifying the
exemption2 and must be no broader than necessary to accomplish its purpose.3
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees 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 Act 4 provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect 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.
Protect trade or business secrets.5
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.6
Additional requirements and exemptions related to public records are found in various statutes and
rules, depending on the branch of government involved. For instance, ch. 11, F.S., provides public
access requirements for legislative records and relevant provisions codified therein are adopted in the
rules of each house of the Legislature.7 Current law provides a public record exemption for records held
by the legislative branch of government which, if held by an executive agency or other unit of
government, would be confidential or exempt from public record requirements.8
Public Officers and Employees in Sensitive Roles
Current law provides protection to a wide range of public officers and employees who, in the course of
their official duties, make decisions that could subject them to threats and harassment. For example,
certain locating and identifying information of justices and judges, state attorneys, and public defenders
and the spouses and children thereof are exempt from public record requirements.9 However, no such
exemption currently exist for legislators and their families.
Effect of the Bill
1
Article I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I. s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
Section 119.15(6)(b), F.S.
6
Section 119.15(3), F.S.
7
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).
8
Section 11.0431(2)(a), F.S.
9
Section 119.071(4), F.S.
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The bill provides a public record exemption for “identification and location information” of a current
member of the Senate or the House of Representatives and their spouses and children under certain
conditions. The bill defines “identification and location information” to mean the:
Home address and telephone number of a current member of the Senate or the House of
Representatives;
Name, home address, telephone number, and place of employment of the spouse or child of a
current legislator;
Name and location of a school or day care facility attended by the child of a current legislator.
The bill provides that identification and location information held by an agency is exempt10 from public
record requirements if the legislator submits to an agency that has custody of such 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.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that members of the Legislature are often
confronted with making difficult and impactful policy decisions, and as a result of carrying out their
official duties, the members and their families may receive threats, including but not limited to, verbal
threats, harassment, and intimidation. The bill states that vulnerability to such threats may discourage
residents of this state from seeking elected office in order to protect themselves and their families and it
is therefore necessary for such identification and location information to be protected.
The bill provides that the exemption is subject to the Open Government Sunset Review Act and will
repeal on October 2, 2026, unless the Legislature reviews and reenacts the exemption by that date.
B. SECTION DIRECTORY:
Section 1 amends s. 119.071, F.S., to provide a public record exemption for identification and location
information of current legislators and their spouses and children under certain conditions.
Section 2 provides a public necessity statement as required by the Florida Constitution.
Section 3 provides an effective date of July 1, 2021.
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:
10
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
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); 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). 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. See Op. Att’y Gen. Fla.
(1985).
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1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may have a minimal fiscal impact on governmental entities responsible for complying with
public record requirements and redacting information prior to releasing a record. Such costs, however,
would be absorbed as part of the day-to-day responsibilities of these entities.
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 take action requiring
the expenditure of funds, reduce the authority that counties or municipalities have to raise revenue in
the aggregate, nor 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 and includes the required public necessity statement.
Breadth of Exemption
Article 1, 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 identification and location information of
current legislators and their families under certain circumstances, which does not appear to be
broader than necessary to accomplish its purpose.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 24, 2021, the Government Operations Subcommittee adopted a proposed committee substitute
(PCS) and reported the bill favorably as a committee substitute. The PCS removed Cabinet officers from
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the public record exemption, removed criminal penalties created by the original bill, and required legislators
to submit a written request in order to exempt identification and location information from public record
requirements.
This analysis is drafted to the committee substitute adopted by the Government Operations Subcommittee.
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Statutes affected: H 1207 Filed: 119.071