Meeting Packet — Commerce and Tourism Committee, The Florida Senate (December 10, 2025)
Summary
A post-meeting packet for the Commerce and Tourism committee of The Florida Senate, meeting on Wednesday, December 10, 2025, from 11:30 a.m. to 1:30 p.m., Senator Leek, Chair. The expanded agenda lists SB 216 on verification of reemployment assistance benefit eligibility (Favorable, Yeas 6 Nays 2), SB 410 on private investigators (Fav/CS, Yeas 8 Nays 0), SPB 7014 and SPB 7016, the latter with Yeas 7 Nays 1. The bill analysis of SB 216, dated December 9, 2025, states that the bill requires the Department of Commerce to verify the identity of claimants before paying benefits, and takes effect on July 1, 2026. The packet includes letters from Senator Kristen Arrington and Senator Tracie Davis requesting excused absences.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Meeting Packet — Commerce and Tourism Committee, The Florida Senate (December 10, 2025).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-12-10-post-meeting-packet-7985-5a4bf4b823/
, SHA-256 a22721854db33322d477f1a351ca6a2c6bfba55f1af6f892f0122884c9f63430.Full text
Commerce and Tourism - 12/10/2025 11:30 AM 2026 Regular Session
Customized 12/11/2025 10:49 AM
Tab
Tab 1 SB 216 by McClain; Similar to H 00191 Verification of Reemployment Assistance Benefit Eligibility
Tab 2 SB 410 by Truenow; Identical to H 00661 Public Records/Private Investigators
574036 D S RCS CM, Truenow Delete everything after 12/10 01:18 PM
Tab 3 SPB 7014 by CM; OGSR/Department of Legal Affairs
SPB 7016 by CM; OGSR/Administration of Small Business Loan Programs Held by an Economic
Tab 4
Development Agency
Page 1 of 1
2026 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair
MEETING DATE: Wednesday, December 10, 2025
TIME: 11:30 a.m.—1:30 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Bracy Davis, Davis, DiCeglie, Mayfield,
McClain, Smith, Wright, and Yarborough
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 SB 216 Verification of Reemployment Assistance Benefit Favorable
McClain Eligibility; Citing this act as the “Promoting Work, Yeas 6 Nays 2
(Similar H 191) Deterring Fraud Act of 2026”; revising circumstances
under which the Department of Commerce
disqualifies claimants from reemployment assistance
benefits; requiring the department to verify claimants’
identities before paying benefits; providing duties of
the department, etc.
CM 12/10/2025 Favorable
ATD
FP
2 SB 410 Public Records/Private Investigators; Providing an Fav/CS
Truenow exemption from public records requirements for the Yeas 8 Nays 0
(Identical H 661) personal identifying and location information of
current and former private investigators licensed by
the Department of Agriculture and Consumer
Services and the spouses and children of such
private investigators; providing for future legislative
review and repeal of the exemption; providing for
retroactive application; providing a statement of public
necessity, etc.
CM 12/10/2025 Fav/CS
GO
RC
Consideration of proposed bill:
3 SPB 7014 OGSR/Department of Legal Affairs; Amending a Submitted and Reported
provision which provides an exemption from public Favorably as Committee Bill
records requirements for information received by the Yeas 8 Nays 0
Department of Legal Affairs pursuant to an
investigation by the department or a law enforcement
agency of violations by certain social media platforms;
extending the date for future legislative review and
repeal of the exemption, etc.
Consideration of proposed bill:
S-036 (10/2008)
12102025.1249 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Wednesday, December 10, 2025, 11:30 a.m.—1:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SPB 7016 OGSR/Administration of Small Business Loan Submitted and Reported
Programs Held by an Economic Development Favorably as Committee Bill
Agency; Amending a provision which provides an Yeas 7 Nays 1
exemption from public records requirements for
certain information relating to the administration of
small business loan programs held by an economic
development agency; deleting the scheduled repeal
of the exemption, etc.
5 Other Related Meeting Documents
S-036 (10/2008)
12102025.1249 Page 2 of 2
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 Commerce and Tourism
BILL: SB 216
INTRODUCER: Senator McClain
SUBJECT: Verification of Reemployment Assistance Benefit Eligibility
DATE: December 9, 2025 REVISED: 12/11/2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 216 requires the Department of Commerce (department) to:
• Disqualify claimants who fail to contact the required number of employers, appear for
scheduled job interviews, and return to employment when recalled.
• Verify the identity of claimants before paying benefits and cross-check claim information
with the SAVE database for initial claims and as necessary.
• Verify claimants are living, not incarcerated, and not employed every two weeks.
• Investigate claims with duplicative information from existing claims.
• Scrutinize claims filed from foreign IP addresses before paying any benefits.
• Share fraudulent claim information with specified state and federal agencies.
• Maintain a web page for reporting violations of reemployment assistance laws.
• Publish a yearly report on its website which details fraudulent claim data.
The bill takes effect on July 1, 2026.
II. Present Situation:
Unemployment Compensation Overview
According to the U.S. Department of Labor (USDOL), the Federal-State Unemployment
Insurance Program provides unemployment benefits to eligible workers who are unemployed
through no-fault of their own (as determined under state law) and who meet the requirements of
state law.1 The program is administered as a partnership of the federal government and the
1
USDOL, State Unemployment Insurance Benefits, available at https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited
Dec. 9, 2025).
BILL: SB 216 Page 2
states.2 The individual states collect unemployment compensation payroll taxes on a quarterly
basis, which are used to pay benefits, while the Internal Revenue Service collects an annual a
federal payroll tax under the Federal Unemployment Tax Act (FUTA).3 FUTA collections go to
the states for costs of administering state unemployment compensation and job service
programs.4 In addition, FUTA pays one-half of the cost of extended unemployment benefits
(during periods of high unemployment) and provides for a fund from which states may borrow, if
necessary, to pay benefits.5
States are permitted to set benefit eligibility requirements, the amount and duration of benefits,
and the state tax structure, as long as state law does not conflict with FUTA or Social Security
Act requirements.6 Florida’s program was created by the Legislature in 1937.7 The department is
the current agency responsible for administering Florida’s laws, primarily through its Division of
Workforce Services.8 The department contracts with the Florida Department of Revenue (DOR)
to provide unemployment tax collections services.9
State Reemployment Assistance Benefits
In Florida, which rebranded the unemployment compensation program as the reemployment
assistance program in 2012,10 a qualified claimant may receive benefits equal to 25% of wages,
not to exceed $6,325 in a benefit year.11 Benefits range from a minimum of $32 per week to a
maximum weekly benefit amount12 of $275, for a maximum of between 12 weeks and 23
weeks,13 depending on the claimant’s length of prior employment, wages earned, and the
unemployment rate.14
The maximum number of weeks available is set at the beginning of the year and applies for the
entire calendar year. The maximum number of weeks is based upon the average seasonally
2
There are 53 programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia. USDOL,
Unemployment Compensation, Federal – State Partnership, available at https://oui.doleta.gov/unemploy/pdf/partnership.pdf
(last visited Dec. 9, 2025).
3
FUTA is codified at 26 U.S.C. § 3301-3311.
4
Julie M. Whittaker, CONG. RSCH. SERV., Unemployment Compensation: The Fundamentals of the Federal Unemployment
Tax (FUTA), available at https://www.congress.gov/crs_external_products/R/PDF/R44527/R44527.5.pdf (last visited Dec. 9,
2025).
5
USDOL, Unemployment Insurance Tax Topic, available at
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20emplo
yer's%20taxable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state, (last
visited Dec. 9, 2025).
6
26 U.S.C. § 3304.
7
Chapter 18,402, Acts of 1937 Laws of Fla.
8
Section 443.1316, F.S.
9
Id.
10
Chapter 2012-30, Laws of Fla.
11
Section 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly
benefit amount by the number of available benefit weeks.
12
Pursuant to section 443.111(3), F.S., the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total
wages for insured work paid during the quarter of the base period where the wages paid were highest.
13
Section 443.111(5)(c), F.S.
14
The average weekly benefit amount for each quarter in 2024 was: first quarter – $264; second quarter – $265; third
quarter – $263; and fourth quarter – $265. USDOL, Unemployment Insurance Data, run report for Florida, available at
https://oui.doleta.gov/unemploy/data_summary/DataSum.asp, (last visited Dec. 9, 2025).
BILL: SB 216 Page 3
adjusted statewide unemployment rate for the months of July, August, and September.15 If the
average rate for that most recent third calendar year quarter is at or below 5%, then the maximum
number of weeks of benefits available is 12 weeks. For each 0.5% step above 5%, an additional
week of benefits is added to the maximum duration, up to 23 weeks of benefits if that average
third quarter unemployment rate is 10.5%. On January 1, 2021, the maximum number of weeks
of benefits increased from 12 weeks to 19 weeks based on the three month average of July,
August, and September of 2020, which was 8.6%.16
To receive benefits, a claimant must meet certain monetary and non-monetary eligibility
requirements, including a claimant’s earnings during a certain period of time, the manner in
which the claimant became unemployed, and the claimant’s efforts to find new employment.17
Benefit Eligibility Conditions
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment. Generally, these include efforts related to finding new employment, such as:18
• Completing the department’s online work registration;
• Reporting to the One-Stop Career Center when directed to do so by the local CareerSource
board;
• Being able to and available for work;19
• Contacting at least 5 prospective employers each week or going to the One-Stop Career
Center for reemployment services; and
• Participating in reemployment services.20
For each week of benefits claimed, a claimant must submit to the department the name, address,
and telephone number of each prospective employer contacted.21 A claimant must be actively
seeking work to be considered available for work. “This means engaging in systematic and
sustained efforts to find work, including contacting at least five prospective employers for each
week of unemployment claimed” or three prospective employers for individuals who live in
small counties.22 Proof of work search efforts cannot include the same prospective employer at
15
Section 443.111(5)(a), F.S. Typically in the calculation of monthly unemployment rates, a rate is published about midway
through the following month and the revised rate is published about midway through the next month. See Dept. of
Commerce, Unemployment – Local Area Unemployment Statistics (LAUS) – Release Schedule, (2025), available at
http://lmsresources.labormarketinfo.com/library/DataReleaseSchedule.pdf, (last visited Dec. 9, 2025).
16
Dept. of Commerce, Florida Department of Economic Opportunity Announces Florida Achieves Six Consecutive Months
of Month-Over-Month Job Growth, (November 20, 2020), available at https://floridajobs.org/news-center/DEO-
Press/2020/11/20/florida-department-of-economic-opportunity-announces-florida-achieves-six-consecutive-months-of-
month-over-month-job-growth, (last visited Dec. 9, 2025).
17
See Section 443.091, F.S.
18
Section 443.091(1), F.S.,
19
“Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being
sought. “Available for work” means actively seeking and being ready and willing to accept suitable work. See Section
443.036(1) and (6), F.S. See also Rule 73B-11.021(2), F.A.C.
20
See Section 443.091(1)(b), F.S.; Employ Florida, available at https://www.employflorida.com/vosnet/Default.aspx, (last
visited Dec. 9, 2025). Employ Florida Marketplace is a partnership of Workforce Florida, Inc., and the Department of
Commerce. It provides job-matching and workforce resources.
21
Section 443.091(1)(c)1., F.S.
22
Section 443.091(1)(d), F.S. A “small county” is a county that has a non-incarcerated population of 75,000 or less according
to the most recent decennial census. Section 120.52(19), F.S.
BILL: SB 216 Page 4
the same location in three consecutive weeks, unless in the meantime the employer has indicated
that it is hiring.23 The department conducts random audits of the submitted information to verify
that claimants are meeting these requirements.24
Disqualification for Reemployment Assistance Benefits
Section 443.101, F.S., specifies the circumstances under which an individual would be
disqualified from receiving benefits. These circumstances include:
• Voluntarily leaving work without good cause, or being discharged by his or her employing
unit for misconduct connected with the work;25
• Failing to apply for available suitable work when directed by the department or the One-Stop
Career Center, to accept suitable work when offered, or to return to suitable self-employment
when directed to do so;26
• Making false or fraudulent representations in filing for benefits;
• Being discharged from employment due to drug use or rejection from a job offer for failing a
drug test; and
• Becoming unavailable for work due to incarceration or imprisonment.
The statute specifies the duration of the disqualification and the requirements for requalification
for an individual’s next benefit claim, depending on the reason for the disqualification.
Fraud Prevention Measures
Currently, the department employs multiple measures to combat fraud. The department:
• Uses software that blocks foreign or suspicious IP addresses to prevent claims from being
filed outside the country and detects multiple claim attempts from different states.
• Verifies identities through ID.me at the time of filing and interfaces with the Division of
Highway Safety and Motor Vehicles to verify identities.
• Uses ICON with the Social Security Administration to ensure no duplicate claims have been
filed with other states.27
Moreover, the department has enhanced its fraud detection procedures by developing the Fraud
Initiative Rules and Ratings Engine (FIRRE) system, which is integrated with the National
Association of State Workforce Agencies’ (NASWA) Integrity Data Hub (IDH).28 The FIRRE
system, in combination with IDH, applies business rules designed to detect, flag, or lock
suspicious claims for further investigation by fraud unit staff.29
23
Section 443.091(1)(d), F.S.
24
Id.
25
An individual is not disqualified for voluntarily leaving temporary work to return to full time work, or to relocate with his
or her military spouse due to relocation orders, or due to circumstances related to domestic violence.
26
Section 443.101(2), F.S.
27
FLORIDA DEPT. OF COMMERCE, 2025 Agency Legislative Bill Analysis for SB 1238 (on file with the Senate Commerce and
Tourism Committee). This agency bill analysis was provided for a substantially similar bill in the 2025 legislative session.
28
Id.
29
Id.
BILL: SB 216 Page 5
Additionally, the following cross-checks are performed regularly to verify claimant information:
• The United States Department of Health and Human Services National Directory of New
Hires conducts a weekly cross-check.
• The State Directory of New Hires completes a daily review.
• Incarceration data is cross-checked weekly using a vendor separate from the Department of
Corrections and the Social Security Administration, which gathers federal, state, and local
incarceration records.
• The Systemic Alien Verification for Entitlements Program (SAVE) is used upon filing an
initial claim to confirm eligibility.30
III. Effect of Proposed Changes:
Title
Section 1 creates the title “Promoting Work, Deterring Fraud Act of 2026.”
Disqualification
Section 2 amends s. 443.101, F.S., mandating that a claimant be disqualified from reemployment
assistance benefits if the department finds that the claimant failed without good cause:
• To contact the required number of prospective employers per week.
• To appear on three or more occasions for a scheduled job interview without notifying the
prospective employer of the need to cancel or reschedule.
• To return to employment when recalled to work after a temporary layoff.
Such disqualification continues for the next full period of unemployment following one of these
failures until the claimant has earned income of at least seventeen times their weekly benefit
amount.
Verification
Section 3 creates s. 443.1112, F.S., providing the department must verify the identity of each
claimant who applies for reemployment assistance benefits before paying any benefits to that
individual. For the initial claim for benefits, and as necessary to verify a claimant’s eligibility,
the department must cross-check the information from the claim with the SAVE database. Every
two weeks that a claimant makes a claim, including the initial claim for benefits, the department
must cross-check the claimant’s information to ensure the claimant is living, not incarcerated,
and not employed.
Under the bill, the department must:
• Investigate claims that are associated with a mailing address, bank account, e-mail address,
phone number, or IP address that is also associated with another existing claim for benefits in
30
Id.; “SAVE is an online service for registered federal, state, territorial, tribal, and local government agencies to verify
immigration status and naturalized/acquired U.S. citizenship of applicants seeking benefits or licenses.” CITIZENSHIP AND
IMMIGR. SERV., SAVE, available at
https://www.uscis.gov/save#:~:text=SAVE%20is%20an%20online%20service%20for%20registered%20federal%2C,U.S.%2
0citizenship%20of%20applicants%20seeking%20benefits%20or%20licenses, (last visited Dec. 9, 2025).
BILL: SB 216 Page 6
this state or another state. For such claims, the department must verify the claim is legitimate
before paying out benefits.
• Scrutinize claims filed from foreign IP addresses before paying any benefits.
• Work with the USDOL, U.S. Department of Justice, other state workforce agencies, the
Department of Law Enforcement, the state attorneys, or the Office of the Statewide
Prosecutor to share information pertaining to fraudulent claims for further investigation.
Additionally, the department must maintain a web page through which individuals and
employers can report known or suspected violations of ch. 443, F.S. The department must also
make a yearly report available on its website which identifies:
• The number of fraudulent reemployment assistance claims identified the previous year;
• The number of claims not paid due to successful detection of fraudulent intentions;
• The number of claims and the amount of reemployment assistance benefits paid against
claims subsequently identified as fraudulent;
• The amount of fraudulent overpayments recovered;
• The number of fraudulent claims referred for investigation/prosecution; and
• The list of sources used to cross-check the claims.
Effective Date
Section 4 sets out an effective date of July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: SB 216 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate. If the provisions of the bill function to lower the amount of reemployment
assistance benefits paid out, employers could see a reduction in their contribution rates
over time.
C. Government Sector Impact:
Indeterminate. As of April 2025, state government entities can use the SAVE database at
no cost, resulting in a reduction in expenditures to verify claimants’ eligibility.31
VI. Technical Deficiencies:
None.
VII. Related Issues:
The Social Security Act (SSA) requires that state unemployment laws use “methods of
administration… to [e]nsure full payment of unemployment compensation when due.”32 Federal
regulation interprets this to mean that unemployment compensation benefits must be paid to
eligible claimants with the greatest promptness as administratively feasible.33 To comply with
this, states must issue at least 87% of all first payments within fourteen or twenty-one days after
the week ending date of the first compensable week in the benefit year.34 The U.S. Supreme
Court has determined that even when a claimant’s initial determination of eligibility is being
appealed by an employer, a state must continue to pay unemployment benefits each week while
the appeal process is taking place.35 As a result of this interpretation of the “when due” provision
of the SSA, a state cannot withhold benefits until a decision is made regarding a claimant’s
continuing eligibility.36
As the state must act promptly to verify an individual’s identity to ensure full payment of
unemployment benefits, the cross-checks under the bill may impact the department’s ability to
ensure full payments when due. For continued claims, a timely payment requires that the
department decides each claim no later than the end of the week following the week in which the
31
Press Release, Dept. of Homeland Security, DHS, USCIS, DOGE Overhaul Systematic Alien Verification for Entitlements
Database (Apr. 22, 2025), available at https://www.dhs.gov/news/2025/04/22/dhs-uscis-doge-overhaul-systematic-alien-
verification-entitlements-database (last visited Dec. 11, 2025).
32
42 U.S.C. s. 503(a)(1).
33
20 C.F.R. s. 640.3-640.4.
34
20 C.F.R. s. 640.5.
35
California v. Java, 402 U.S. 121, 132-135 (1971) (“Paying compensation to an unemployed worker promptly after an
initial determination of eligibility accomplishes the congressional purposes of avoiding resort to welfare and stabilizing
consumer demands; delaying compensation until months have elapsed defeats these purposes.”).
36
Id.
BILL: SB 216 Page 8
issue is detected.37 If the decision is not issued timely, the state must continue to pay the claim
until a determination is made about a claimant’s eligibility.
VIII. Statutes Affected:
This bill substantially amends section 443.101 of the Florida Statutes.
This bill creates section 443.1112 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
37
FLORIDA DEPT. OF COMMERCE, supra note 27.
Florida Senate - 2026 SB 216 Florida Senate - 2026 SB 216
By Senator McClain
9-00402-26 2026216__ 9-00402-26 2026216__
1 A bill to be entitled 30 notifying the prospective employer of the need to cancel or
2 An act relating to verification of reemployment 31 reschedule the interview, to accept suitable work when offered
3 assistance benefit eligibility; providing a short 32 to him or her, to or return to the individual’s customary self-
4 title; amending s. 443.101, F.S.; revising 33 employment when directed by the department, or to return to
5 circumstances under which the Department of Commerce 34 employment when recalled to work by the individual’s employer
6 disqualifies claimants from reemployment assistance 35 after a temporary layoff, the disqualification continues for the
7 benefits; creating s. 443.1112, F.S.; requiring the 36 next full period of unemployment next ensuing after he or she
8 department to verify claimants’ identities before 37 failed without good cause to apply for available suitable work,
9 paying benefits; requiring the department to cross- 38 accept suitable work, or return to his or her customary
10 check certain information; providing duties of the 39 employment or self-employment, and until the individual has
11 department; requiring the department to maintain a web 40 earned income of at least 17 times his or her weekly benefit
12 page for a specified purpose and to notify employers 41 amount. The department shall by rule adopt criteria to implement
13 each year of the web page; providing annual reporting 42 this subsection, including for determining the “suitability of
14 requirements; providing an effective date. 43 work,” or “suitable work,” as used in this section. In
15 44 developing these rules, the department shall consider the
16 Be It Enacted by the Legislature of the State of Florida: 45 duration of a claimant’s unemployment in determining the
17 46 suitability of work and the suitability of proposed rates of
18 Section 1. This act may be cited as the “Promoting Work, 47 compensation for available work. Further, after an individual
19 Deterring Fraud Act of 2026.” 48 has received 25 weeks of benefits in a single year, suitable
20 Section 2. Subsection (2) of section 443.101, Florida 49 work is a job that pays the minimum wage and is 120 percent or
21 Statutes, is amended to read: 50 more of the weekly benefit amount the individual is drawing.
22 443.101 Disqualification for benefits.—An individual shall 51 (a) In determining whether or not any work is suitable for
23 be disqualified for benefits: 52 an individual, the department shall consider the degree of risk
24 (2) If the Department of Commerce finds that the individual 53 to the individual’s health, safety, and morals; the individual’s
25 has failed without good cause to apply for available suitable 54 physical fitness, prior training, experience, prior earnings,
26 work, including contacting the required number of prospective 55 length of unemployment, and prospects for securing local work in
27 employers per week for any week of unemployment claimed in the 56 his or her customary occupation; and the distance of the
28 benefit year in accordance with s. 443.091, to appear on three 57 available work from his or her residence.
29 or more occasions for a scheduled job interview without 58 (b) Notwithstanding any other provisions of this chapter,
Page 1 of 5 Page 2 of 5
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 216 Florida Senate - 2026 SB 216
9-00402-26 2026216__ 9-00402-26 2026216__
59 work is not deemed suitable and benefits may not be denied to 88 Immigration Services.
60 any otherwise eligible individual for refusing to accept new 89 (3) For every 2 weeks that a claimant makes a claim for
61 work under any of the following conditions: 90 benefits, including the initial claim for benefits, to verify a
62 1. The position offered is vacant due directly to a strike, 91 claimant’s eligibility for benefits, the department shall cross-
63 lockout, or other labor dispute. 92 check the information contained in the claim to make sure that
64 2. The wages, hours, or other conditions of the work 93 the claimant is:
65 offered are substantially less favorable to the individual than 94 (a) Living.
66 those prevailing for similar work in the locality. 95 (b) Not incarcerated.
67 3. As a condition of being employed, the individual is 96 (c) Not already employed.
68 required to join a company union or to resign from or refrain 97 (4) The department shall do all of the following:
69 from joining any bona fide labor organization. 98 (a) Investigate any claim in this state associated with a
70 (c) If the department finds that an individual was rejected 99 mailing address, a bank account, an e-mail address, a telephone
71 for offered employment as the direct result of a positive, 100 number, or an Internet protocol address that is also associated
72 confirmed drug test required as a condition of employment, the 101 with another existing claim for reemployment assistance benefits
73 individual is disqualified for refusing to accept an offer of 102 in this state or another state and verify that the claim in this
74 suitable work. 103 state is legitimate and not fraudulent before paying any
75 Section 3. Section 443.1112, Florida Statutes, is created 104 benefits for the claim.
76 to read: 105 (b) Scrutinize any claim in this state filed from a foreign
77 443.1112 Verification of reemployment assistance benefit 106 Internet protocol address before paying any benefits for the
78 eligibility; detection of fraud.— 107 claim.
79 (1) The Department of Commerce shall verify the identity of 108 (c) Work with the United States Department of Labor, the
80 each claimant who applies for reemployment assistance benefits 109 United States Department of Justice, other state workforce
81 before paying any benefits to that individual. 110 agencies, the Department of Law Enforcement, the state
82 (2) For the initial claim for benefits made by a claimant 111 attorneys, or the Office of the Statewide Prosecutor to share
83 and as necessary to verify a claimant’s eligibility for 112 information related to fraudulent claims or attempted fraudulent
84 benefits, the department shall cross-check the information 113 claims to the extent feasible for further investigation and
85 contained in the claim with information in the database of the 114 proceedings brought under this chapter.
86 Systematic Alien Verification for Entitlements Program 115 (d) Maintain a web page through which an individual or an
87 established by the United States Bureau of Citizenship and 116 employer may report known or suspected violations of this
Page 3 of 5 Page 4 of 5
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 216
9-00402-26 2026216__
117 chapter, including identity theft or fraud. Each year, the
118 department shall notify employers in this state of this web page
119 for reporting violations.
120 (e) Each year, make available on its website a report
121 identifying the number of fraudulent reemployment assistance
122 claims identified for the previous year, the number of claims
123 not paid due to successful detection of fraudulent intentions,
124 the number of claims and the amount of reemployment assistance
125 benefits paid against claims subsequently identified as
126 fraudulent, the amount of fraudulent overpayments recovered, and
127 the number of fraudulent claims referred for investigation and
128 possible prosecution. The report must also list the sources of
129 information which were used to cross-check claims during the
130 reporting period.
131 Section 4. This act shall take effect July 1, 2026.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
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f so.Jcle
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The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: November 3, 2025
I respectfully request that Senate Bill #216, relating to Verification of Reemployment Assistance
Benefit Eligibility, be placed on the:
[] committee agenda at your earliest possible convenience.
D next committee agenda.
a#e-
Senator Stan McClain
Florida Senate, District 9
File signed original with committee office S-020 (03/2004)
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 Commerce and Tourism
BILL: CS/SB 410
INTRODUCER: Commerce and Tourism Committee and Senator Truenow
SUBJECT: Public Records/Private Investigators
DATE: December 11, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. GO
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 410 exempts from public records copying and inspection requirements personal
identifying and location information of current and former private investigators licensed by the
Department of Agriculture and Consumer Services (DACS).
Specifically, the bill exempts from public disclosure the following information:
• The home addresses, telephone numbers, dates of birth, and photographs of current and
former private investigators licensed by the DACS.
• The names, home addresses, telephone numbers, dates of birth, and places of employment of
the spouses and children of current or former private investigators licensed by the DACS.
• The names and locations of schools and day care facilities attended by the children of current
or former private investigators licensed by the DACS.
The exemption applies to information held by an agency before, on, or after July 1, 2026. It is
subject to the Open Government Sunset Review Act and will be repealed on October 2, 2031,
unless reviewed and saved from repeal through reenactment by the Legislature.
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 may increase costs minimally for state and local government agencies.
BILL: CS/SB 410 Page 2
The bill takes effect July 1, 2026.
II. Present Situation:
Access to Public Records - Generally
The State 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 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., 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:
[a]ll 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.
1
FLA. CONST. art. I, s. 24(a).
2
Id. See also, Sarasota Citizens for Responsible Gov’t v. City of Sarasota, 48 So. 3d 755, 762-763 (Fla. 2010).
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2022-2024).
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.”
BILL: CS/SB 410 Page 3
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
General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions are often 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
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).
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).
BILL: CS/SB 410 Page 4
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act16 (the
Act), prescribe a legislative review process for newly created or substantially amended17 public
records or open meetings exemptions, with specified exceptions.18 The Act requires the repeal of
such exemption on October 2 of the fifth year after its creation or substantial amendment, unless
the Legislature reenacts the exemption.19
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 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 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 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 again 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
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., 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.
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.
BILL: CS/SB 410 Page 5
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.26
Private Investigators
The Division of Licensing within the Department of Agriculture and Consumer Services (DACS)
oversees the regulation of licensing of private investigative services.27 As of October 31, 2025,
the Division has issued 6,929 private investigator licenses.28
A “private investigator” is defined as any individual who, for consideration, advertises as
providing or performs private investigation. The term does not include an informant who, on a
one-time or limited basis, as a result of a unique expertise, ability, vocation, or special access and
who provides information or services that would otherwise be included in a private
investigation.29 A “private investigation” is defined as an investigation to obtain information on
any of the following matters:
• Crime or wrongs done or threatened against the United States or any state or territory of the
United States, when operating under express written authority of the government official
responsible for authorizing such investigation.
• The identity, habits, conduct, movements, whereabouts, affiliations, associations,
transactions, reputation, or character of any society, person, or group of persons.
• The credibility of witnesses or other persons.
• The whereabouts of missing persons, owners of unclaimed property or escheated property, or
heirs to estates.
• The location or recovery of lost or stolen property.
• The causes and origin of, or responsibility for, fires, libels, slanders, losses, accidents,
damage, or injuries to real or personal property.
• The business of securing evidence to be used before investigating committees or boards of
award or arbitration or in the trial of civil or criminal cases, and the preparation thereof.30
III. Effect of Proposed Changes:
Section 1 amends s. 119.071(4), F.S., to exempt certain information relating to current and
former private investigators and their spouses and children from public records disclosure
requirements. The following information will be exempt from public records disclosure:
• The home addresses, telephone numbers, dates of birth, and photographs of current and
former private investigators licensed by the DACS.
• The names, home addresses, telephone numbers, dates of birth, photographs, and places of
employment of the spouses and children of current and former private investigators licensed
by the DACS.
• The names and locations of schools and day care facilities attended by the children of current
and former private investigators licensed by the DACS.
26
Section 119.15(7), F.S.
27
Chapter 493, F.S.
28
Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports, available at
https://ccmedia.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited December 9, 2025).
29
Section 493.6101(16), F.S.
30
Section 493.6101(17), F.S.
BILL: CS/SB 410 Page 6
Pursuant to s. 119.071(4)(d)6., F.S., the exemption applies to information held by an agency
before, on, or after July 1, 2026.
The new exemption is subject to the Open Government Sunset Review Act and will be repealed
on October 2, 2031, unless reviewed and saved from repeal through reenactment by the
Legislature.
Section 2 provides the public necessity statement, as required by the State Constitution. The
public necessity statement provides that private investigators routinely engage in sensitive work
that may involve uncovering fraud, locating missing persons, or assisting in criminal and civil
matters. Private investigators often encounter individuals with strong motives to retaliate or
cause harm. Public access to a private investigator’s home address or personal information could
expose private investigators and their families to threats, harassment, stalking, or physical
violence. Exempting such information from public records requirements is a reasonable and
necessary measure to ensure the security and privacy of private investigators and their families.
Section 3 provides that the bill takes effect on July 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None identified.
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 current and former
private investigators, thus, the bill requires 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.
Breadth 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 current and former private investigators. This bill
exempts only records pertaining to current and former private investigators from the
BILL: CS/SB 410 Page 7
public records requirements. The exemption does not appear to be broader than necessary
to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None identified.
D. State Tax or Fee Increases:
None identified.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None identified.
B. Private Sector Impact:
The private sector will be subject to the costs associated with an agency’s review and
redactions of exempt records in response to a public records request.
C. Government Sector Impact:
The bill may increase costs minimally for agencies that hold records containing personal
identifying information of current and former private investigators and their spouses and
children, because staff responsible for complying with public records requests may need
training related to the new public record exemption. Additionally, agencies may incur
costs associated with redacting the exempt information prior to releasing a record.
However, the costs should be absorbed as part of the day-to-day responsibilities.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 119.071 of the Florida Statutes.
BILL: CS/SB 410 Page 8
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on December 11, 2025:
The CS moves the public record exemption for private investigators from s. 119.071(4),
F.S., relating to agency personnel, to s. 119.071(5), F.S., which provides public record
exemptions for various types of personal information. Private investigators are licensed
by the DACS and are not agency personnel.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 410 Bill No. SB 410
Ì574036'Î574036 Ì574036'Î574036
LEGISLATIVE ACTION 11 and photographs of current and former private investigators
Senate . House 12 licensed by the Department of Agriculture and Consumer Services;
Comm: RCS . 13 the names, home addresses, telephone numbers, dates of birth,
12/10/2025 . 14 and places of employment of the spouses and children of current
. 15 and former private investigators licensed by the Department of
. 16 Agriculture and Consumer Services; and the names and locations
. 17 of schools and day care facilities attended by the children of
18 current and former private investigators licensed by the
19 Department of Agriculture and Consumer Services are exempt from
20 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
21 This paragraph is subject to the Open Government Sunset Review
22 Act in accordance with s. 119.15 and shall stand repealed on
23 October 2, 2031, unless reviewed and saved from repeal through
24 reenactment by the Legislature.
25 Section 2. The Legislature finds that it is a public
The Committee on Commerce and Tourism (Truenow) recommended the 26 necessity that the home addresses, telephone numbers, dates of
following: 27 birth, and photographs of current and former private
28 investigators licensed by the Department of Agriculture and
1 Senate Amendment (with title amendment) 29 Consumer Services; the names, home addresses, telephone numbers,
2 30 dates of birth, and places of employment of the spouses and
3 Delete everything after the enacting clause 31 children of current and former private investigators licensed by
4 and insert: 32 the Department of Agriculture and Consumer Services; and the
5 Section 1. Paragraph (l) is added to subsection (5) of 33 names and locations of schools and day care facilities attended
6 section 119.071, Florida Statutes, to read: 34 by the children of current and former private investigators
7 119.071 General exemptions from inspection or copying of 35 licensed by the Department of Agriculture and Consumer Services
8 public records.— 36 be made exempt from s. 119.07(1), Florida Statutes, and s.
9 (5) OTHER PERSONAL INFORMATION.— 37 24(a), Article I of the State Constitution. Private
10 (l) The home addresses, telephone numbers, dates of birth, 38 investigators routinely engage in sensitive work that may
39 involve uncovering fraud, locating missing persons, or assisting
Page 1 of 4 Page 2 of 4
12/8/2025 10:55:13 AM 577-01539A-26 12/8/2025 10:55:13 AM 577-01539A-26
Florida Senate - 2026 COMMITTEE AMENDMENT Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 410 Bill No. SB 410
Ì574036'Î574036 Ì574036'Î574036
40 in criminal and civil matters. In the course of their duties, 69 future legislative review and repeal of the exemption;
41 private investigators often interact with individuals who have 70 providing for retroactive application; providing a
42 strong motives to retaliate or cause harm. Public access to a 71 statement of public necessity; providing an effective
43 private investigator’s home address or personal information 72 date.
44 could expose private investigators and their families to
45 threats, harassment, stalking, or physical violence. Protecting
46 this information does not diminish transparency or
47 accountability in government but instead balances the public’s
48 right to access records with this state’s compelling interest in
49 safeguarding the personal safety of those who provide critical
50 private investigative services. Therefore, exempting such
51 information from public records requirements is a reasonable and
52 necessary measure to ensure the security and privacy of private
53 investigators and their families while preserving the integrity
54 of this state’s public records system.
55 Section 3. This act shall take effect July 1, 2026.
56
57 ================= T I T L E A M E N D M E N T ================
58 And the title is amended as follows:
59 Delete everything before the enacting clause
60 and insert:
61 A bill to be entitled
62 An act relating to public records; amending s.
63 119.071, F.S.; providing an exemption from public
64 records requirements for the personal identifying and
65 location information of current and former private
66 investigators licensed by the Department of
67 Agriculture and Consumer Services and the spouses and
68 children of such private investigators; providing for
Page 3 of 4 Page 4 of 4
12/8/2025 10:55:13 AM 577-01539A-26 12/8/2025 10:55:13 AM 577-01539A-26
Florida Senate - 2026 SB 410 Florida Senate - 2026 SB 410
By Senator Truenow
13-00633-26 2026410__ 13-00633-26 2026410__
1 A bill to be entitled 30 c. “Telephone numbers” includes home telephone numbers,
2 An act relating to public records; amending s. 31 personal cellular telephone numbers, personal pager telephone
3 119.071, F.S.; providing an exemption from public 32 numbers, and telephone numbers associated with personal
4 records requirements for the personal identifying and 33 communications devices.
5 location information of current and former private 34 2.a. The home addresses, telephone numbers, dates of birth,
6 investigators licensed by the Department of 35 and photographs of active or former sworn law enforcement
7 Agriculture and Consumer Services and the spouses and 36 personnel or of active or former civilian personnel employed by
8 children of such private investigators; providing for 37 a law enforcement agency, including correctional and
9 future legislative review and repeal of the exemption; 38 correctional probation officers, personnel of the Department of
10 providing for retroactive application; providing a 39 Children and Families whose duties include the investigation of
11 statement of public necessity; providing an effective 40 abuse, neglect, exploitation, fraud, theft, or other criminal
12 date. 41 activities, personnel of the Department of Health whose duties
13 42 are to support the investigation of child abuse or neglect, and
14 Be It Enacted by the Legislature of the State of Florida: 43 personnel of the Department of Revenue or local governments
15 44 whose responsibilities include revenue collection and
16 Section 1. Paragraph (d) of subsection (4) of section 45 enforcement or child support enforcement; the names, home
17 119.071, Florida Statutes, is amended to read: 46 addresses, telephone numbers, photographs, dates of birth, and
18 119.071 General exemptions from inspection or copying of 47 places of employment of the spouses and children of such
19 public records.— 48 personnel; and the names and locations of schools and day care
20 (4) AGENCY PERSONNEL INFORMATION.— 49 facilities attended by the children of such personnel are exempt
21 (d)1. For purposes of this paragraph, the term: 50 from s. 119.07(1) and s. 24(a), Art. I of the State
22 a. “Home addresses” means the dwelling location at which an 51 Constitution.
23 individual resides and includes the physical address, mailing 52 b. The home addresses, telephone numbers, dates of birth,
24 address, street address, parcel identification number, plot 53 and photographs of current or former nonsworn investigative
25 identification number, legal property description, neighborhood 54 personnel of the Department of Financial Services whose duties
26 name and lot number, GPS coordinates, and any other descriptive 55 include the investigation of fraud, theft, workers’ compensation
27 property information that may reveal the home address. 56 coverage requirements and compliance, other related criminal
28 b. “Judicial assistant” means a court employee assigned to 57 activities, or state regulatory requirement violations; the
29 the following class codes: 8140, 8150, 8310, and 8320. 58 names, home addresses, telephone numbers, dates of birth, and
Page 1 of 19 Page 2 of 19
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2026 SB 410 Florida Senate - 2026 SB 410
13-00633-26 2026410__ 13-00633-26 2026410__
59 places of employment of the spouses and children of such 88 employment of the spouses and children of current or former
60 personnel; and the names and locations of schools and day care 89 justices and judges and current judicial assistants; and the
61 facilities attended by the children of such personnel are exempt 90 names and locations of schools and day care facilities attended
62 from s. 119.07(1) and s. 24(a), Art. I of the State 91 by the children of current or former justices and judges and of
63 Constitution. 92 current judicial assistants are exempt from s. 119.07(1) and s.
64 c. The home addresses, telephone numbers, dates of birth, 93 24(a), Art. I of the State Constitution. This sub-subparagraph
65 and photographs of current or former nonsworn investigative 94 is subject to the Open Government Sunset Review Act in
66 personnel of the Office of Financial Regulation’s Bureau of 95 accordance with s. 119.15 and shall stand repealed on October 2,
67 Financial Investigations whose duties include the investigation 96 2028, unless reviewed and saved from repeal through reenactment
68 of fraud, theft, other related criminal activities, or state 97 by the Legislature.
69 regulatory requirement violations; the names, home addresses, 98 f. The home addresses, telephone numbers, dates of birth,
70 telephone numbers, dates of birth, and places of employment of 99 and photographs of current or former state attorneys, assistant
71 the spouses and children of such personnel; and the names and 100 state attorneys, statewide prosecutors, or assistant statewide
72 locations of schools and day care facilities attended by the 101 prosecutors; the names, home addresses, telephone numbers,
73 children of such personnel are exempt from s. 119.07(1) and s. 102 photographs, dates of birth, and places of employment of the
74 24(a), Art. I of the State Constitution. 103 spouses and children of current or former state attorneys,
75 d. The home addresses, telephone numbers, dates of birth, 104 assistant state attorneys, statewide prosecutors, or assistant
76 and photographs of current or former firefighters certified in 105 statewide prosecutors; and the names and locations of schools
77 compliance with s. 633.408; the names, home addresses, telephone 106 and day care facilities attended by the children of current or
78 numbers, photographs, dates of birth, and places of employment 107 former state attorneys, assistant state attorneys, statewide
79 of the spouses and children of such firefighters; and the names 108 prosecutors, or assistant statewide prosecutors are exempt from
80 and locations of schools and day care facilities attended by the 109 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
81 children of such firefighters are exempt from s. 119.07(1) and 110 g. The home addresses, dates of birth, and telephone
82 s. 24(a), Art. I of the State Constitution. 111 numbers of general magistrates, special magistrates, judges of
83 e. The home addresses, dates of birth, and telephone 112 compensation claims, administrative law judges of the Division
84 numbers of current or former justices of the Supreme Court, 113 of Administrative Hearings, and child support enforcement
85 district court of appeal judges, circuit court judges, and 114 hearing officers; the names, home addresses, telephone numbers,
86 county court judges and current judicial assistants; the names, 115 dates of birth, and places of employment of the spouses and
87 home addresses, telephone numbers, dates of birth, and places of 116 children of general magistrates, special magistrates, judges of
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117 compensation claims, administrative law judges of the Division 146 j. The home addresses, telephone numbers, places of
118 of Administrative Hearings, and child support enforcement 147 employment, dates of birth, and photographs of current or former
119 hearing officers; and the names and locations of schools and day 148 guardians ad litem, as defined in s. 39.01; the names, home
120 care facilities attended by the children of general magistrates, 149 addresses, telephone numbers, dates of birth, and places of
121 special magistrates, judges of compensation claims, 150 employment of the spouses and children of such persons; and the
122 administrative law judges of the Division of Administrative 151 names and locations of schools and day care facilities attended
123 Hearings, and child support enforcement hearing officers are 152 by the children of such persons are exempt from s. 119.07(1) and
124 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 153 s. 24(a), Art. I of the State Constitution.
125 Constitution. 154 k. The home addresses, telephone numbers, dates of birth,
126 h. The home addresses, telephone numbers, dates of birth, 155 and photographs of current or former juvenile probation
127 and photographs of current or former human resource, labor 156 officers, juvenile probation supervisors, detention
128 relations, or employee relations directors, assistant directors, 157 superintendents, assistant detention superintendents, juvenile
129 managers, or assistant managers of any local government agency 158 justice detention officers I and II, juvenile justice detention
130 or water management district whose duties include hiring and 159 officer supervisors, juvenile justice residential officers,
131 firing employees, labor contract negotiation, administration, or 160 juvenile justice residential officer supervisors I and II,
132 other personnel-related duties; the names, home addresses, 161 juvenile justice counselors, juvenile justice counselor
133 telephone numbers, dates of birth, and places of employment of 162 supervisors, human services counselor administrators, senior
134 the spouses and children of such personnel; and the names and 163 human services counselor administrators, rehabilitation
135 locations of schools and day care facilities attended by the 164 therapists, and social services counselors of the Department of
136 children of such personnel are exempt from s. 119.07(1) and s. 165 Juvenile Justice; the names, home addresses, telephone numbers,
137 24(a), Art. I of the State Constitution. 166 dates of birth, and places of employment of spouses and children
138 i. The home addresses, telephone numbers, dates of birth, 167 of such personnel; and the names and locations of schools and
139 and photographs of current or former code enforcement officers; 168 day care facilities attended by the children of such personnel
140 the names, home addresses, telephone numbers, dates of birth, 169 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
141 and places of employment of the spouses and children of such 170 Constitution.
142 personnel; and the names and locations of schools and day care 171 l. The home addresses, telephone numbers, dates of birth,
143 facilities attended by the children of such personnel are exempt 172 and photographs of current or former public defenders, assistant
144 from s. 119.07(1) and s. 24(a), Art. I of the State 173 public defenders, criminal conflict and civil regional counsel,
145 Constitution. 174 and assistant criminal conflict and civil regional counsel; the
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175 names, home addresses, telephone numbers, dates of birth, and 204 of Health whose duties include, or result in, the determination
176 places of employment of the spouses and children of current or 205 or adjudication of eligibility for social security disability
177 former public defenders, assistant public defenders, criminal 206 benefits, the investigation or prosecution of complaints filed
178 conflict and civil regional counsel, and assistant criminal 207 against health care practitioners, or the inspection of health
179 conflict and civil regional counsel; and the names and locations 208 care practitioners or health care facilities licensed by the
180 of schools and day care facilities attended by the children of 209 Department of Health; the names, home addresses, telephone
181 current or former public defenders, assistant public defenders, 210 numbers, dates of birth, and places of employment of the spouses
182 criminal conflict and civil regional counsel, and assistant 211 and children of such personnel; and the names and locations of
183 criminal conflict and civil regional counsel are exempt from s. 212 schools and day care facilities attended by the children of such
184 119.07(1) and s. 24(a), Art. I of the State Constitution. 213 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
185 m. The home addresses, telephone numbers, dates of birth, 214 the State Constitution.
186 and photographs of current or former investigators or inspectors 215 p. The home addresses, telephone numbers, dates of birth,
187 of the Department of Business and Professional Regulation; the 216 and photographs of current or former impaired practitioner
188 names, home addresses, telephone numbers, dates of birth, and 217 consultants who are retained by an agency or current or former
189 places of employment of the spouses and children of such current 218 employees of an impaired practitioner consultant whose duties
190 or former investigators and inspectors; and the names and 219 result in a determination of a person’s skill and safety to
191 locations of schools and day care facilities attended by the 220 practice a licensed profession; the names, home addresses,
192 children of such current or former investigators and inspectors 221 telephone numbers, dates of birth, and places of employment of
193 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 222 the spouses and children of such consultants or their employees;
194 Constitution. 223 and the names and locations of schools and day care facilities
195 n. The home addresses, telephone numbers, and dates of 224 attended by the children of such consultants or employees are
196 birth of county tax collectors; the names, home addresses, 225 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
197 telephone numbers, dates of birth, and places of employment of 226 Constitution.
198 the spouses and children of such tax collectors; and the names 227 q. The home addresses, telephone numbers, dates of birth,
199 and locations of schools and day care facilities attended by the 228 and photographs of current or former emergency medical
200 children of such tax collectors are exempt from s. 119.07(1) and 229 technicians or paramedics certified under chapter 401; the
201 s. 24(a), Art. I of the State Constitution. 230 names, home addresses, telephone numbers, dates of birth, and
202 o. The home addresses, telephone numbers, dates of birth, 231 places of employment of the spouses and children of such
203 and photographs of current or former personnel of the Department 232 emergency medical technicians or paramedics; and the names and
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233 locations of schools and day care facilities attended by the 262 service component described in s. 397.311(27).
234 children of such emergency medical technicians or paramedics are 263 t. The home addresses, telephone numbers, dates of birth,
235 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 264 and photographs of current or former directors, managers,
236 Constitution. 265 supervisors, and clinical employees of a child advocacy center
237 r. The home addresses, telephone numbers, dates of birth, 266 that meets the standards of s. 39.3035(2) and fulfills the
238 and photographs of current or former personnel employed in an 267 screening requirement of s. 39.3035(3), and the members of a
239 agency’s office of inspector general or internal audit 268 Child Protection Team as described in s. 39.303 whose duties
240 department whose duties include auditing or investigating waste, 269 include supporting the investigation of child abuse or sexual
241 fraud, abuse, theft, exploitation, or other activities that 270 abuse, child abandonment, child neglect, and child exploitation
242 could lead to criminal prosecution or administrative discipline; 271 or to provide services as part of a multidisciplinary case
243 the names, home addresses, telephone numbers, dates of birth, 272 review team; the names, home addresses, telephone numbers,
244 and places of employment of spouses and children of such 273 photographs, dates of birth, and places of employment of the
245 personnel; and the names and locations of schools and day care 274 spouses and children of such personnel and members; and the
246 facilities attended by the children of such personnel are exempt 275 names and locations of schools and day care facilities attended
247 from s. 119.07(1) and s. 24(a), Art. I of the State 276 by the children of such personnel and members are exempt from s.
248 Constitution. 277 119.07(1) and s. 24(a), Art. I of the State Constitution.
249 s. The home addresses, telephone numbers, dates of birth, 278 u. The home addresses, telephone numbers, places of
250 and photographs of current or former directors, managers, 279 employment, dates of birth, and photographs of current or former
251 supervisors, nurses, and clinical employees of an addiction 280 staff and domestic violence advocates, as defined in s.
252 treatment facility; the home addresses, telephone numbers, 281 90.5036(1)(b), of domestic violence centers certified by the
253 photographs, dates of birth, and places of employment of the 282 Department of Children and Families under chapter 39; the names,
254 spouses and children of such personnel; and the names and 283 home addresses, telephone numbers, places of employment, dates
255 locations of schools and day care facilities attended by the 284 of birth, and photographs of the spouses and children of such
256 children of such personnel are exempt from s. 119.07(1) and s. 285 personnel; and the names and locations of schools and day care
257 24(a), Art. I of the State Constitution. For purposes of this 286 facilities attended by the children of such personnel are exempt
258 sub-subparagraph, the term “addiction treatment facility” means 287 from s. 119.07(1) and s. 24(a), Art. I of the State
259 a county government, or agency thereof, that is licensed 288 Constitution.
260 pursuant to s. 397.401 and provides substance abuse prevention, 289 v. The home addresses, telephone numbers, dates of birth,
261 intervention, or clinical treatment, including any licensed 290 and photographs of current or former inspectors or investigators
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291 of the Department of Agriculture and Consumer Services; the 320 Sunset Review Act in accordance with s. 119.15 and shall stand
292 names, home addresses, telephone numbers, dates of birth, and 321 repealed on October 2, 2029, unless reviewed and saved from
293 places of employment of the spouses and children of current or 322 repeal through reenactment by the Legislature.
294 former inspectors or investigators; and the names and locations 323 x. The home addresses, telephone numbers, dates of birth,
295 of schools and day care facilities attended by the children of 324 and photographs of current or former commissioners of the
296 current or former inspectors or investigators are exempt from s. 325 Florida Gaming Control Commission; the names, home addresses,
297 119.07(1) and s. 24(a), Art. I of the State Constitution. This 326 telephone numbers, dates of birth, photographs, and places of
298 sub-subparagraph is subject to the Open Government Sunset Review 327 employment of the spouses and children of such current or former
299 Act in accordance with s. 119.15 and shall stand repealed on 328 commissioners; and the names and locations of schools and day
300 October 2, 2028, unless reviewed and saved from repeal through 329 care facilities attended by the children of such current or
301 reenactment by the Legislature. 330 former commissioners are exempt from s. 119.07(1) and s. 24(a),
302 w. The home addresses, telephone numbers, dates of birth, 331 Art. I of the State Constitution. This sub-subparagraph is
303 and photographs of current county attorneys, assistant county 332 subject to the Open Government Sunset Review Act in accordance
304 attorneys, deputy county attorneys, city attorneys, assistant 333 with s. 119.15 and shall stand repealed on October 2, 2029,
305 city attorneys, and deputy city attorneys; the names, home 334 unless reviewed and saved from repeal through reenactment by the
306 addresses, telephone numbers, photographs, dates of birth, and 335 Legislature.
307 places of employment of the spouses and children of current 336 y. The home addresses, telephone numbers, dates of birth,
308 county attorneys, assistant county attorneys, deputy county 337 and photographs of current clerks of the circuit court, deputy
309 attorneys, city attorneys, assistant city attorneys, and deputy 338 clerks of the circuit court, and clerk of the circuit court
310 city attorneys; and the names and locations of schools and day 339 personnel; the names, home addresses, telephone numbers, dates
311 care facilities attended by the children of current county 340 of birth, and places of employment of the spouses and children
312 attorneys, assistant county attorneys, deputy county attorneys, 341 of current clerks of the circuit court, deputy clerks of the
313 city attorneys, assistant city attorneys, and deputy city 342 circuit court, and clerk of the circuit court personnel; and the
314 attorneys are exempt from s. 119.07(1) and s. 24(a), Art. I of 343 names and locations of schools and day care facilities attended
315 the State Constitution. This exemption does not apply to a 344 by the children of current clerks of the circuit court, deputy
316 county attorney, assistant county attorney, deputy county 345 clerks of the circuit court, and clerk of the circuit court
317 attorney, city attorney, assistant city attorney, or deputy city 346 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
318 attorney who qualifies as a candidate for election to public 347 the State Constitution. This sub-subparagraph is subject to the
319 office. This sub-subparagraph is subject to the Open Government 348 Open Government Sunset Review Act in accordance with s. 119.15
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349 and shall stand repealed on October 2, 2029, unless reviewed and 378 care facility attended by the minor child.
350 saved from repeal through reenactment by the Legislature. 379 (III) This sub-subparagraph is subject to the Open
351 z.(I) As used in this sub-subparagraph, the term: 380 Government Sunset Review Act in accordance with s. 119.15 and
352 (A) “Congressional member” means a person who is elected to 381 shall stand repealed on October 2, 2030, unless reviewed and
353 serve as a member of the United States House of Representatives 382 saved from repeal through reenactment by the Legislature.
354 or is elected or appointed to serve as a member of the United 383 aa. The home addresses, telephone numbers, dates of birth,
355 States Senate. 384 and photographs of current or former private investigators
356 (B) “Partial home address” means the dwelling location at 385 licensed by the Department of Agriculture and Consumer Services;
357 which an individual resides and includes the physical address, 386 the names, home addresses, telephone numbers, dates of birth,
358 mailing address, street address, parcel identification number, 387 and places of employment of the spouses and children of current
359 plot identification number, legal property description, 388 or former private investigators licensed by the Department of
360 neighborhood name and lot number, GPS coordinates, and any other 389 Agriculture and Consumer Services; and the names and locations
361 descriptive property information that may reveal the partial 390 of schools and day care facilities attended by the children of
362 home address, except for the city and zip code. 391 current or former private investigators licensed by the
363 (C) “Public officer” means a person who holds one of the 392 Department of Agriculture and Consumer Services are exempt from
364 following offices: Governor, Lieutenant Governor, Chief 393 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
365 Financial Officer, Attorney General, Agriculture Commissioner, 394 This sub-subparagraph is subject to the Open Government Sunset
366 state representative, state senator, property appraiser, 395 Review Act in accordance with s. 119.15 and shall stand repealed
367 supervisor of elections, school superintendent, school board 396 on October 2, 2031, unless reviewed and saved from repeal
368 member, mayor, city commissioner, or county commissioner. 397 through reenactment by the Legislature.
369 (II) The following information is exempt from s. 119.07(1) 398 3.a. An agency that is the custodian of the information
370 and s. 24(a), Art. I of the State Constitution: 399 specified in subparagraph 2. and that is not the employer of the
371 (A) The partial home addresses of a current congressional 400 officer, employee, justice, judge, or other person specified in
372 member or public officer and his or her spouse or adult child. 401 subparagraph 2. must maintain the exempt status of that
373 (B) The telephone numbers of a current congressional member 402 information only if the officer, employee, justice, judge, other
374 or public officer and his or her spouse or adult child. 403 person, or employing agency of the designated employee submits a
375 (C) The name, home addresses, telephone numbers, and date 404 written and notarized request for maintenance of the exemption
376 of birth of a minor child of a current congressional member or 405 to the custodial agency. The request must state under oath the
377 public officer and the name and location of the school or day 406 statutory basis for the individual’s exemption request and
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407 confirm the individual’s status as a party eligible for exempt 436 collector must comply with this sub-subparagraph by October 1,
408 status. 437 2021. A county property appraiser or county tax collector may
409 b. An agency that is the custodian of information specified 438 not remove the street address, legal description, or other
410 in sub-subparagraph 2.z. and that is not the employer of the 439 information identifying real property within the agency’s
411 congressional member, public officer, or other person specified 440 records so long as a name or personal information otherwise
412 in sub-subparagraph 2.z. must maintain the exempt status of that 441 exempt from inspection and copying pursuant to this section is
413 information only if an individual requests the maintenance of an 442 not associated with the property or otherwise displayed in the
414 exemption pursuant to sub-subparagraph 2.z. on the basis of 443 public records of the agency.
415 eligibility as a current congressional member or public officer 444 b. Any information restricted from public display,
416 and his or her spouse or child submits, as part of the written 445 inspection, or copying under sub-subparagraph a. must be
417 and notarized request required by sub-subparagraph a., the date 446 provided to the individual whose information was removed.
418 of the congressional member’s or public officer’s election or 447 5. An officer, an employee, a justice, a judge, or other
419 appointment to public office, the date on which that office is 448 person specified in subparagraph 2. may submit a written request
420 next subject to election, and, if applicable, the date on which 449 for the release of his or her exempt information to the
421 the current congressional member’s or public officer’s minor 450 custodial agency. The written request must be notarized and must
422 child reaches the age of majority. The custodian must maintain 451 specify the information to be released and the party authorized
423 an exemption granted pursuant to sub-subparagraph 2.z. until the 452 to receive the information. Upon receipt of the written request,
424 qualifying conditions for the exemption no longer apply to the 453 the custodial agency must release the specified information to
425 person subject to the exemption. 454 the party authorized to receive such information.
426 4.a. A county property appraiser, as defined in s. 455 6. The exemptions in this paragraph apply to information
427 192.001(3), or a county tax collector, as defined in s. 456 held by an agency before, on, or after the effective date of the
428 192.001(4), who receives a written and notarized request for 457 exemption.
429 maintenance of the exemption pursuant to subparagraph 3. must 458 7. Information made exempt under this paragraph may be
430 comply by removing the name of the individual with exempt status 459 disclosed pursuant to s. 28.2221 to a title insurer authorized
431 and the instrument number or Official Records book and page 460 pursuant to s. 624.401 and its affiliates as defined in s.
432 number identifying the property with the exempt status from all 461 624.10; a title insurance agent or title insurance agency as
433 publicly available records maintained by the property appraiser 462 defined in s. 626.841(1) or (2), respectively; or an attorney
434 or tax collector. For written requests received on or before 463 duly admitted to practice law in this state and in good standing
435 July 1, 2021, a county property appraiser or county tax 464 with The Florida Bar.
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465 8. The exempt status of a home address contained in the 494 Section 2. The Legislature finds that it is a public
466 Official Records is maintained only during the period when a 495 necessity that the home addresses, telephone numbers, dates of
467 protected party resides at the dwelling location. Upon 496 birth, and photographs of current and former private
468 conveyance of real property after October 1, 2021, and when such 497 investigators licensed by the Department of Agriculture and
469 real property no longer constitutes a protected party’s home 498 Consumer Services; the names, home addresses, telephone numbers,
470 address as defined in sub-subparagraph 1.a., the protected party 499 dates of birth, and places of employment of the spouses and
471 must submit a written request to release the removed information 500 children of current and former private investigators licensed by
472 to the county recorder. The written request to release the 501 the Department of Agriculture and Consumer Services; and the
473 removed information must be notarized, must confirm that a 502 names and locations of schools and day care facilities attended
474 protected party’s request for release is pursuant to a 503 by the children of current and former private investigators
475 conveyance of his or her dwelling location, and must specify the 504 licensed by the Department of Agriculture and Consumer Services
476 Official Records book and page, instrument number, or clerk’s 505 be made exempt from s. 119.07(1), Florida Statutes, and s.
477 file number for each document containing the information to be 506 24(a), Article I of the State Constitution. Private
478 released. 507 investigators routinely engage in sensitive work that may
479 9. Upon the death of a protected party as verified by a 508 involve uncovering fraud, locating missing persons, or assisting
480 certified copy of a death certificate or court order, any party 509 in criminal and civil matters. In the course of their duties,
481 can request the county recorder to release a protected 510 private investigators often interact with individuals who have
482 decedent’s removed information unless there is a related request 511 strong motives to retaliate or cause harm. Public access to a
483 on file with the county recorder for continued removal of the 512 private investigator’s home address or personal information
484 decedent’s information or unless such removal is otherwise 513 could expose private investigators and their families to
485 prohibited by statute or by court order. The written request to 514 threats, harassment, stalking, or physical violence. Protecting
486 release the removed information upon the death of a protected 515 this information does not diminish transparency or
487 party must attach the certified copy of a death certificate or 516 accountability in government but instead balances the public’s
488 court order and must be notarized, must confirm the request for 517 right to access records with this state’s compelling interest in
489 release is due to the death of a protected party, and must 518 safeguarding the personal safety of those who provide critical
490 specify the Official Records book and page number, instrument 519 private investigative services. Therefore, exempting such
491 number, or clerk’s file number for each document containing the 520 information from public records requirements is a reasonable and
492 information to be released. A fee may not be charged for the 521 necessary measure to ensure the security and privacy of private
493 release of any document pursuant to such request. 522 investigators and their families while preserving the integrity
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523 of this state’s public records system.
524 Section 3. This act shall take effect July 1, 2026.
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The Florida Senate
APPEARANCE RECORD #to Bill Number or Topic
Coe.sl Committee
Deliver both copies of this form to
Senate professional staff conducting the meeting
Name rt i sd@e. Phone £33_
o0 tu)
Street
la at. )
Email lands»do20±,
?City
F State
2o Zip
I am appearing without
compensation or sponsorship.
□ I am a registered lobbyist,
representing:
□ I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
While it is a tradition to encourage public testimony time may not permit all persons wishing to speak to be heard at this hearing. Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. Ifyou have questions about registering to lobby please see Fla. Stat. $11.045 andJoint Rule I. 2020-2022JointRules.odf (fisenate.qov)
This form is part of the public record for this meeting. S-001 (08/10/2021)
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 Commerce and Tourism
BILL: SB 7014
INTRODUCER: Commerce and Tourism Committee
SUBJECT: OGSR/Department of Legal Affairs
DATE: December 11, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM CM Submitted as Comm. Bill/Fav
I. Summary:
SB 7014 delays for five additional years (to October 2, 2031) the sunset review date for, and
repeal of, the public record exemption in s. 501.2041(10), F.S., which makes confidential and
exempt from public inspection and copying requirements all information received by the
Department of Legal Affairs (DLA) pursuant to an investigation by the DLA or a law
enforcement agency of a violation of s. 501.2041, F.S., until the investigation is completed or
ceases to be active. However, during an active investigation, information made confidential and
exempt from public inspection and copying requirements may be disclosed by the DLA in the
performance of its official duties and responsibilities, or to another governmental entity in
performance of its official duties and responsibilities.
Once an investigation is completed or ceases to be active, the following information received by
the DLA must remain confidential and exempt from public inspection and copying requirements:
• All information to which another public records exemption applies;
• Personal identifying information;
• A computer forensic report;
• Information that would otherwise reveal weaknesses in a business’s data security; and
• Proprietary business information.
Without action by the Legislature to extend the repeal date, the exemption in s. 501.2041(10),
F.S., will repeal on October 2, 2026. The bill extends the public record exemption for five
additional years, setting a new repeal date of October 2, 2031.
The bill is not expected to affect state and local government revenues and expenditures.
The bill takes effect on October 1, 2026.
BILL: SB 7014 Page 2
II. Present Situation:
Public Records Law
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 This 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
Chapter 119, F.S., known as the Public Records Act, constitutes the main body of public records
laws.3 The Public Records Act states that:
[i]t is the policy of this state that all state, county, and municipal records are open
for personal inspection and copying by any person. Providing access to public
records is a duty of each agency.4
The Public Records Act typically contains general exemptions that apply across agencies.
Agency- or program-specific exemptions often are placed in the substantive statutes
relating to that particular agency or program.
The Public Records Act does not apply to legislative or judicial records.5 Legislative records are
public pursuant to s. 11.0431, F.S. Public records exemptions for the Legislature are codified
primarily in s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
Section 119.011(12), F.S., defines “public records” to include:
[a]ll 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 which are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
state or local government public record at any reasonable time, under reasonable conditions, and
1
FLA. CONST. art. I, s. 24(a).
2
Id. See also, Sarasota Citizens for Responsible Gov’t v. City of Sarasota, 48 So. 3d 755, 762-763 (Fla. 2010).
3
Public records laws are found throughout the Florida Statutes.
4
Section 119.01(1), F.S.
5
Locke v. Hawkes, 595 So. 2d 32, 34 (Fla. 1992); see also Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995).
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc. Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: SB 7014 Page 3
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
Only the Legislature may create an exemption to public records requirements.9 An exemption
must be created by general law and must specifically state the public necessity justifying the
exemption.10 Further, the exemption must be no broader than necessary to accomplish the stated
purpose of the law. A bill enacting an exemption may not contain other substantive provisions11
and must pass by a two-thirds vote of the members present and voting in each house of the
Legislature.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.19
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:
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.
11
The bill may, however, contain multiple exemptions that relate to one subject.
12
FLA. CONST. art. I, s. 24(c)
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), F.S.
BILL: SB 7014 Page 4
• It allows the state or its political subdivision to effectively and efficiently administer a
program, and administration would be significantly impaired without the exemption;20
• It protects sensitive, personal information, the release of which 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;21 or
• It protects trade or business secrets.22
The Act also requires specified questions to be considered during the review process.23 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If, in reenacting an exemption or repealing the sunset date, the exemption is expanded, then a
public necessity statement and a two-thirds vote for passage are again required.24 If the
exemption is reenacted or saved from repeal without substantive changes or if the exemption is
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.25
Public Necessity Statement
The 2021 public necessity statement for this public record exemption found that information
received by the Attorney General and the DLA when investigating a social media platform is
likely to result in the gathering of personal identifying information, proprietary business
information, or a computer forensic report. The bill’s public necessity statement further provided
as a basis for the public record exemption that:
The Legislature finds that the harm that may result from the release of
information received by the Attorney General and the Department of
Legal Affairs pursuant to an investigation by the Attorney General, the
Department of Legal Affairs, or a law enforcement agency under s.
501.2041, Florida Statutes, could impair the effective and efficient
administration of these investigations, and thus, outweighs the public
benefit that may be derived from the disclosure of the information.
20
Section 119.15(6)(b)1., F.S.
21
Section 119.15(6)(b)2., F.S.
22
Section 119.15(6)(b)3., F.S.
23
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?
24
FLA. CONST. art. I, s. 24(c).
25
Section 119.15(7), F.S.
BILL: SB 7014 Page 5
Unlawful Acts and Practices by Social Media Platforms
In 2021, the Legislature created s. 501.2041, F.S., which provides that a social media platform26
must take the following actions:
• Publish the standards it uses or has used for determining how to censor, deplatform, and
shadow ban;
• Apply censorship, deplatforming, and shadow banning standards in a consistent manner;
• Inform each user about any changes to its user rules, terms, and agreements before
implementing the changes;
• Notify users before censoring or shadow banning their content;27
• Provide a mechanism that allows a user to request the number of other individual platform
participants who were provided or shown the user’s content;
• Provide, upon request, a user with the number of other individual platform participants who
were provided or shown the user’s content;
• Categorize algorithms used for post-prioritization and shadow banning;
• Allow a user to opt out of post-prioritization and shadow banning algorithm categories to
allow sequential or chronological posts and content;
• Provide users with an annual notice on the use of algorithms for post-prioritization and
shadow banning; and
• If a user has been deplatformed, allow such user to access or retrieve all of the user’s
information, content, material, and data for at least 60 days after the user receives notice.
A social media platform is prohibited from applying post-prioritization or shadow banning
algorithms for content and material posted by or about a political candidate during their
candidacy. Additionally, a social media platform is prohibited from taking action to censor,
deplatform, or shadow ban a journalistic enterprise based on the content of its publication or
broadcast.28
A social media platform that fails to comply with s. 501.2041, F.S., commits an unfair or
deceptive act or practice. If the DLA, by its own inquiry or as a result of a complaint, suspects
that a violation is imminent, occurring, or has occurred, the DLA may investigate the suspected
violation in accordance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
In an investigation by the DLA into alleged violations, the DLA’s investigative powers include,
26
Section 501.2041, F.S., defines “social media platform” as any information service, system, Internet search engine, or
access software provider that: (1) provides or enables computer access by multiple users to a computer server, including an
Internet platform or a social media site; (2) operates as a sole proprietorship, partnership, limited liability company,
corporation, association, or other legal entity; (3) does business in Florida; and (4) satisfies at least one of the following
thresholds: has annual gross revenues in excess of $100 million, as adjusted in January of each odd-numbered year to reflect
any increase in the Consumer Price Index, or has at least 100 million monthly individual platform participants globally.
27
Section 501.2041, F.S., provides that a notification must be in writing, be delivered via electronic mail or direct electronic
notification to the user within 7 days after the censoring action, include a thorough rationale explaining the reason that the
social media platform censored the user, and include a precise and thorough explanation of how the social media platform
became aware of the censored content or material.
28
Section 501.2041, F.S., provides that the prohibition does not apply if the content or material is obscene as defined in s.
847.001, F.S. Section 847.001, F.S., defines “obscene” as the status of material which: (1) the average person, applying
contemporary community standards, would find, taken as a whole, appeals to prurient interests; (2) depicts or describes, in a
patently offensive way, sexual conduct; and (3) taken as a whole, lacks serious literary, artistic, political, or scientific value.
BILL: SB 7014 Page 6
but are not limited to, the ability to subpoena any algorithm used by a social media platform
related to any alleged violation.
A user may only bring a private cause of action against a social media platform for failing to
notify such user of an act of censoring or deplatforming, or for failing to apply censorship,
deplatforming, and shadow banning standards in a consistent manner. The court may award the
following damages to a user:
• Up to $100,000 in statutory damages per proven claim;
• Actual damages;
• If aggravating factors are present, punitive damages;
• Other forms of equitable relief, including injunctive relief; and
• If the user was deplatformed, costs and reasonable attorney fees.
Ongoing Litigation
In 2021, NetChoice and the Computer & Communications Industry Association (NetChoice)29
challenged the constitutionality of SB 7072 (now s. 501.2041, F.S.), in the United States District
Court for the Northern District of Florida.30 NetChoice claimed that the law violates their free
speech rights, and argued that social media platforms are exercising editorial judgement when
they moderate content on their platforms.31 Additionally, NetChoice argued that the law is
preempted by federal law.32 The district court granted NetChoice’s motion for a preliminary
injunction.33
The state appealed, and the United States Court of Appeals for the Eleventh Circuit concluded
that the provisions of SB 7072 (now s. 501.2041, F.S.) that restrict a social media platform’s
ability to engage in content moderation violate the First Amendment.34 Furthermore, the
Eleventh Circuit found that the provision requiring a social media platform to provide “thorough
rationale” for every content moderation decision it makes violates the First Amendment.35 Thus,
the Eleventh Circuit substantially affirmed the preliminary injunction against enforcement of the
law.36
In 2024, the Supreme Court vacated the Eleventh Circuit’s decision and remanded the case back
to the Eleventh Circuit for further proceedings.37
29
These are trade associations that represent internet and social media companies like Facebook, Twitter (X), and Google.
30
See NetChoice, LLC v. Moody, 546 F.Supp.3d 1082 (N.D. Florida 2021).
31
Id. In the case, NetChoice argued that social media companies are exercising editorial judgement similar to the editorial
judgment of a newspaper editor.
32
Id. NetChoice argued that the law is preempted by 27 U.S.C. §230(c)(2).
33
Id. The district court concluded that the provisions of the law that make social media platforms liable for deprioritizing
content or removing content are likely preempted by federal law, as well as found that the law’s provisions violate the social
media platforms’ First Amendment rights by restricting their editorial judgement.
34
See NetChoice, LLC v. Moody, 34 F.4th 1196 (11th Cir. 2022).
35
Id.
36
Id. The Eleventh Circuit affirmed in part, vacated in part, and remanded.
37
See Moody v. NetChoice, LLC, 603 U.S. 707 (2024).
BILL: SB 7014 Page 7
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the
following remedies:
• Declaratory judgments.
• Injunctive relief.
• Actual damages on behalf of consumers and businesses.
• Cease and desist orders.
• Civil penalties of up to $10,000 per willful violation.38
Remedies for private parties are limited to the following:
• A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA
violation.
• Actual damages, attorney fees, and court costs, where a person has suffered a loss due to a
FDUTPA violation.39
Section 501.2041(10), F.S., Exemption
In 2021, the Legislature created s. 501.2041(10), F.S., which makes confidential and exempt
from public inspection and copying requirements all information received by the DLA pursuant
to an investigation by the DLA or a law enforcement agency of a violation of s. 501.2041, F.S.,
until the investigation is completed or ceases to be active. However, during an active
investigation, information made confidential and exempt from public inspection and copying
requirements may be disclosed by the DLA in the performance of its official duties and
responsibilities, or to another governmental entity in performance of its official duties and
responsibilities.
Once an investigation is completed or ceases to be active, the following information received by
the DLA must remain confidential and exempt from public inspection and copying requirements:
• All information to which another public records exemption applies;
• Personal identifying information;
• A computer forensic report;
• Information that would otherwise reveal weaknesses in a business’s data security; and
• Proprietary business information.40
38
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Section 501.2075,
F.S. Enforcing authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
39
Section 501.211(1) and (2), F.S.
40
Section 501.2041(10), F.S., defines “proprietary information” as information that: (1) is owned or controlled by the
business; (2) is intended to be private and is treated by the business as private because disclosure would harm the business or
its business operations; (3) has not been disclosed except as required by law or private agreement that provides that the
information will not be released to the public; (4) is not publicly available or otherwise readily ascertainable through proper
means from another source in the same configuration as received by the DLA; and includes trade secrets as defined in s.
688.002, F.S., or competitive interests, the disclosure of which would impair the competitive advantage of the business that is
the subject of the information. Section 688.002, F.S., defines “trade secrets” as information, including a formula, pattern,
compilation, program, device, method, technique, or process that: (1) derives independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances
to maintain its secrecy.
BILL: SB 7014 Page 8
Open Government Sunset Review of the Public Record Exemption for Useful Acts and
Practices by Social Media Platforms
The staff of the Senate Commerce and Tourism Committee and the House Government
Operations Subcommittee jointly met with the DLA to ascertain whether the public record
exemption in s. 501.2041(10), F.S., remains necessary.
Public Record Exemption Findings
The DLA indicated that the public record exemption has not been utilized due to ongoing
litigation regarding the constitutionality of the provisions in s. 501.2041, F.S. Thus, the bill
delays for five additional years the sunset review date for, and the repeal of, the public record
exemption.
III. Effect of Proposed Changes:
The bill delays for five additional years (to October 2, 2031) the sunset review date for, and
repeal of, the public record exemption in s. 501.2041(10), F.S., which makes confidential and
exempt from public inspection and copying requirements all information received by the DLA
pursuant to an investigation by the DLA or a law enforcement agency of a violation of s.
501.2041, F.S., until the investigation is completed or ceases to be active. However, during an
active investigation, information made confidential and exempt from public inspection and
copying requirements may be disclosed by the DLA in the performance of its official duties and
responsibilities, or to another governmental entity in performance of its official duties and
responsibilities.
Once an investigation is completed or ceases to be active, the following information received by
the DLA must remain confidential and exempt from public inspection and copying requirements:
• All information to which another public records exemption applies;
• Personal identifying information;
• A computer forensic report;
• Information that would otherwise reveal weaknesses in a business’s data security; and
• Proprietary business information.
Without action by the Legislature to extend the repeal date, the exemption in s. 501.2041(10),
F.S., will repeal on October 2, 2026. The bill extends the public record exemption for five
additional years, setting a new repeal date of October 2, 2031.
The bill takes effect on October 1, 2026.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
BILL: SB 7014 Page 9
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 disclosure requirements. The bill delays for five additional years a current
public record exemption. The bill does not create or expand an exemption. Thus, the bill
does not require a two-thirds vote for enactment.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records disclosure requirements to state with specificity the
public necessity justifying the exemption. The bill does not create or expand an
exemption. Thus, a statement of public necessity is not required.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
disclosure requirements to be no broader than necessary to accomplish the stated purpose
of the law. The exemption in the bill 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.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
BILL: SB 7014 Page 10
VI. Technical Deficiencies:
None.
VII. Related Issues:
None identified.
VIII. Statutes Affected:
This bill substantially amends section 501.2041(10) of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 (PROPOSED BILL) SPB 7014 Florida Senate - 2026 (PROPOSED BILL) SPB 7014
FOR CONSIDERATION By the Committee on Commerce and Tourism
577-01006-26 20267014pb 577-01006-26 20267014pb
1 A bill to be entitled 30 Section 2. This act shall take effect October 1, 2026.
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 501.2041, F.S., which
4 provides an exemption from public records requirements
5 for information received by the Department of Legal
6 Affairs pursuant to an investigation by the department
7 or a law enforcement agency of violations by certain
8 social media platforms; extending the date for future
9 legislative review and repeal of the exemption;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (e) of subsection (10) of section
15 501.2041, Florida Statutes, is amended, and paragraph (a) of
16 that subsection is republished, to read:
17 501.2041 Unlawful acts and practices by social media
18 platforms.—
19 (10)(a) All information received by the department pursuant
20 to an investigation by the department or a law enforcement
21 agency of a violation of this section is confidential and exempt
22 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
23 until such time as the investigation is completed or ceases to
24 be active. This exemption shall be construed in conformity with
25 s. 119.071(2)(c).
26 (e) This subsection is subject to the Open Government
27 Sunset Review Act in accordance with s. 119.15 and shall stand
28 repealed on October 2, 2031 2026, unless reviewed and saved from
29 repeal through reenactment by the Legislature.
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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 Commerce and Tourism
BILL: SB 7016
INTRODUCER: Commerce and Tourism Committee
SUBJECT: OGSR/Administration of Small Business Loan Programs Held by an Economic
Development Agency
DATE: December 11, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. CM Submitted as Comm.
Renner McKay
Bill/FAV
I. Summary:
SB 7016 saves from repeal the current public records exemption for certain financial information
held by an economic development agency pursuant to the administration of a state or federally
funded small business loan program. The exemption protects tax returns, financial information,
and credit information.
The exemption is subject to the Open Government Sunset Review Act and stands repealed on
October 2, 2026, unless reenacted by the Legislature. The bill saves the exemption from repeal
by deleting the scheduled repeal date, thereby maintaining the exempt status of the information.
The bill is not expected to affect state and local government revenues and expenditures.
The bill takes effect upon becoming law.
II. Present Situation:
Public Records Law
The State Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 This 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
Chapter 119, F.S., known as the Public Records Act, constitutes the main body of public records
laws.3 The Public Records Act states that:
1
FLA. CONST. art. I, s. 24(a).
2
Id. See also, Sarasota Citizens for Responsible Gov’t v. City of Sarasota, 48 So. 3d 755, 762-763 (Fla. 2010).
3
Public records laws are found throughout the Florida Statutes.
BILL: SB 7016 Page 2
[i]t is the policy of this state that all state, county, and municipal records are open
for personal inspection and copying by any person. Providing access to public
records is a duty of each agency.4
The Public Records Act typically contains general exemptions that apply across agencies.
Agency- or program-specific exemptions often are placed in the substantive statutes
relating to that particular agency or program.
The Public Records Act does not apply to legislative or judicial records.5 Legislative records are
public pursuant to s. 11.0431, F.S. Public records exemptions for the Legislature are codified
primarily in s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
Section 119.011(12), F.S., defines “public records” to include:
[a]ll 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 which are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
state or local government 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
Only the Legislature may create an exemption to public records requirements.9 An exemption
must be created by general law and must specifically state the public necessity justifying the
exemption.10 Further, the exemption must be no broader than necessary to accomplish the stated
purpose of the law. A bill enacting an exemption may not contain other substantive provisions11
and must pass by a two-thirds vote of the members present and voting in each house of the
Legislature.12
4
Section 119.01(1), F.S.
5
Locke v. Hawkes, 595 So. 2d 32, 34 (Fla. 1992); see also Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995).
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.
11
The bill may, however, contain multiple exemptions that relate to one subject.
12
FLA. CONST. art. I, s. 24(c)
BILL: SB 7016 Page 3
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.19
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;20
• It protects sensitive, personal information, the release of which 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;21 or
• It protects trade or business secrets.22
The Act also requires specified questions to be considered during the review process.23 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
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), F.S.
20
Section 119.15(6)(b)1., F.S.
21
Section 119.15(6)(b)2., F.S.
22
Section 119.15(6)(b)3., F.S.
23
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?
BILL: SB 7016 Page 4
If, in reenacting an exemption or repealing the sunset date, the exemption is expanded, then a
public necessity statement and a two-thirds vote for passage are again required.24 If the
exemption is reenacted or saved from repeal without substantive changes or if the exemption is
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.25
Small Business Loan Programs
The Department of Commerce (Florida Commerce) administers several state and federally
funded small business loan programs, including:
• Small Business Emergency Bridge Loan Program26
o Provides short-term, zero-interest working capital loans to “bridge the gap”
between the time a disaster impacts a business and when a business has secured
longer-term funding.
• Rebuild Florida Business Loan Fund27
o Utilizes a revolving loan fund designed to address gaps in available, affordable
capital for businesses.
• Rural Community Development Revolving Loan Program28
o Facilitates the use of existing federal, state, and local financial resources by
providing local governments with access to financial assistance.
• State Small Business Credit Initiative29
o Provides resources and capital to facilitate business growth and economic
development to targeted business populations.
• Black Business Loan Program30
o Provides loans, loan guarantees, or investments to black business enterprises.
• 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?
24
FLA. CONST. art. I, s. 24(c).
25
Section 119.15(7), F.S.
26
Florida Department of Commerce, Small Business Emergency Bridge Loan Program, available at
https://floridacommerce.my.site.com/RebuildFloridaBusinessLoanFund/s/loan-programs?program=emergency-bridge-loan
(last visited Dec. 9, 2025).
27
Florida Department of Commerce, Rebuild Florida Business Loan Fund, available at
https://floridacommerce.my.site.com/RebuildFloridaBusinessLoanFund/s/loan-programs?program=florida-resiliency-loan
(last visited Dec. 9, 2025).
28
Section 288.065, F.S.
29
Florida Department of Commerce, State Small Business Credit Initiative, available at https://floridajobs.org/FloridaSSBCI
(last visited Dec. 9, 2025).
30
Sections 288.7102-,288.714, F.S.
BILL: SB 7016 Page 5
Public Record Exemption under Review
In 2021, the Legislature created a public record exemption for certain information held by an
economic development agency pursuant to the administration of a state or federally funded small
business loan program. Specifically, the law exempts tax returns, financial information, credit
history information, credit reports, and credit scores from public record requirements.31 An
economic development agency is defined as:
• The Department of Commerce.
• Any industrial development authority created under part III of chapter 159, F.S., or by special
law;
• Space Florida;
• A local government public economic agency or, in the absence of a public economic agency,
the local government officers or employees designated to promote the general business or
industrial interests of the local government;
• Any research and development authority created under part V of chapter 159, F.S.; or
• Any private agency, person, partnership, corporation, or business entity when authorized by
the state or local government to promote the general business or industrial interests of the
state or that local government.32
The 2021 public necessity statement33 provided that the release of the protected information
“could be used by fraudulent contractors, predatory lenders, thieves, or individuals seeking to
impose on the applicant or borrower.”34 Therefore, the exemption exists to “ensure that
applicants and borrowers are not harassed, intimidated, or potentially defrauded.”35
Pursuant to the Act, the public record exemption will repeal on October 2, 2026, unless reviewed
and saved from repeal by the Legislature.36
During the 2025 interim, Senate and House staff met jointly with staff from Florida Commerce
to discuss the public record exemption under review. Florida Commerce staff indicated that they
have had no issue interpreting or applying the exemption and were unaware of any litigation
concerning the exemption. Florida Commerce staff explained that, prior to the exemption,
borrowers participating in state and federally funded small business loan programs were exposed
to fraud. For that reason, Florida Commerce staff recommended reenacting the exemption as is.
Senate and House committee staff also surveyed counties and cities concerning the public record
exemption under review. All responding counties and cities stated that they did not participate in
any state- or federally funded small business loan programs.
31
Section 288.075(7)(a)1.-3., F.S.
32
Section 288.075(1)(a), F.S.
33
Article I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity
justifying exemption.”
34
Chapter 2021-23, L.O.F.
35
Id.
36
Section 288.075(7), F.S.
BILL: SB 7016 Page 6
III. Effect of Proposed Changes:
SB 7016 removes the scheduled repeal date, created pursuant to the Act, for the public record
exemption for certain financial information, such as tax returns and credit reports, held by an
economic development agency pursuant to the administration of a state or federally funded small
business loan program. The public record exemption will repeal on October 2, 2026, if the bill
does not become a law.
The effective date of the bill is upon becoming law.
The bill is not expected to affect state and local government revenues and expenditures.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
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 continues a current public records exemption
beyond its current date of repeal; thus, the bill does not require an extraordinary vote for
enactment.
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. This bill continues a current public records exemption without
expansion.
Breadth 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 financial information held by an economic
development agency pursuant to the administration of a state or federally funded small
business loan program. The exemption applies only to certain types of financial
information, such as tax returns and credit reports, from public records requirements. The
exemption does not appear to be broader than necessary to accomplish the purpose of the
law.
BILL: SB 7016 Page 7
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.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The government sector will continue to incur costs related to the review and redaction of
exempt records associated with responding to public records requests.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None identified.
VIII. Statutes Affected:
This bill substantially amends section 288.075 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
BILL: SB 7016 Page 8
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2026 (PROPOSED BILL) SPB 7016
FOR CONSIDERATION By the Committee on Commerce and Tourism
577-00757-26 20267016pb
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 288.075, F.S., which
4 provides an exemption from public records requirements
5 for certain information relating to the administration
6 of small business loan programs held by an economic
7 development agency; deleting the scheduled repeal of
8 the exemption; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (c) of subsection (7) of section
13 288.075, Florida Statutes, is amended to read:
14 288.075 Confidentiality of records.—
15 (7) LOAN PROGRAMS.—
16 (c) This subsection is subject to the Open Government
17 Sunset Review Act in accordance with s. 119.15 and shall stand
18 repealed on October 2, 2026, unless reviewed and saved from
19 repeal through reenactment by the Legislature.
20 Section 2. This act shall take effect upon becoming law.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce And Tourism Committee Judge:
Started: 12/10/2025 11:31:02 AM
Ends: 12/10/2025 12:24:15 PM Length: 00:53:14
11:31:03 AM Chair Leek calls meeting to order
11:31:10 AM Roll call
11:31:25 AM Quorum announced
11:31:38 AM Senators Arrington and Davis are excused
11:31:55 AM Senators Bracy Davis and Mayfield welcomed to the Committee
11:31:59 AM Opening comments
11:32:08 AM Tab 2, SB 410 Public Records/Private investigators; by Senator Truenow
11:32:14 AM Senator Truenow
11:33:26 AM Chair Leek
11:33:33 AM Questions
11:33:39 AM Senator Smith
11:33:51 AM Senator Truenow
11:34:23 AM Senator Bracy Davis
11:34:32 AM Senator Truenow
11:34:48 AM Chair Leek
11:34:53 AM Chair Leek introduces Amendment Barcode No. 574036
11:35:10 AM Senator Truenow with explanation of Amendment
11:35:12 AM Chair Leek
11:35:26 AM Closure waived
11:35:30 AM Amendment adopted
11:35:34 AM Chair Leek
11:35:58 AM Speaker Burt Hodge
11:37:16 AM Chair Leek
11:37:36 AM Closure waived
11:37:39 AM Roll call
11:38:00 AM CS/SB 410 reported favorably
11:38:15 AM Tab 1, SB 216 Verification of Reemployment Assistance Benefit Eligibility by Senator
McClain
11:38:33 AM Senator McClain
11:40:02 AM Chair Leek
11:40:08 AM Senator Smith
11:40:42 AM Senator McClain
11:40:58 AM Senator Smith
11:41:37 AM Chair Leek
11:41:45 AM Senator McClain
11:42:02 AM Senator Smith
11:42:40 AM Chair Leek
11:42:48 AM Senator McClain
11:43:27 AM Senator Smith
11:44:14 AM Senator McClain
11:44:32 AM Senator Bracy Davis
11:44:52 AM Senator McClain
11:45:07 AM Senator Bracy Davis
11:45:22 AM Senator McClain
11:46:01 AM Senator Bracy Davis
11:46:13 AM Senator McClain
11:46:33 AM Senator Bracy Davis
11:46:51 AM Senator McClain
11:47:12 AM Senator Bracy Davis
11:47:20 AM Senator McClain
11:48:12 AM Senator Bracy Davis
11:48:15 AM Senator McClain
11:48:21 AM Chair Leek
11:48:55 AM Speaker Dr. Rich Templin, Florida AFL-CIO
11:55:31 AM Speaker Ms. Karen Woodall, Florida Center for Fiscal and Economic Policy
11:59:20 AM Ms. Theresa King, Florida Building & Construction Trades
12:03:11 PM Ms. Aurelie Colon Larrauri, SPLC waives
12:03:18 PM Chair Leek
12:03:21 PM Debate
12:03:26 PM Senator Bracy Davis
12:07:03 PM Senator Smith
12:10:40 PM Senator Yarborough
12:12:36 PM Senator Mayfield
12:14:51 PM Chair Leek
12:15:19 PM Senator McClain with closure
12:17:58 PM Roll call
12:18:20 PM SB 216 reported favorably
12:18:39 PM Chair Leek
12:19:21 PM Todd McKay with introduction of SPBs
12:19:55 PM Chair turned over to Senator Yarborough
12:20:15 PM Senator Leek with explanation of OGSR/Department of Legal Affairs
12:21:02 PM Chair Yarborough
12:21:15 PM Senator Leeks move that SPB 7014 be submitted as a Committee Bill
12:21:19 PM Motion adopted
12:21:24 PM Roll call
12:21:38 PM SPB 7014 reported favorably as a Committee Bill
12:21:54 PM Chair Yarborough
12:22:09 PM Chair Leek with explanation of SPB 7016, OGSR/Administration of Small Business
Loan Programs Held by an Economic Development Agency
12:22:28 PM Chair Yarborough
12:22:41 PM Debate
12:22:44 PM Senator Smith
12:23:03 PM Senator Leek
12:23:08 PM Chair Yarborough
12:23:13 PM Senator Leeks moves that SPB 7016 be submitted as a Committee Bill
12:23:15 PM Motion adopted
12:23:18 PM Roll call
12:23:35 PM SPB 7016 reported favorably as a Committee Bill
12:23:43 PM Chair returned to Chair Leek
12:23:46 PM Chair Leek
12:23:59 PM Senator Wright moves to adjourn
12:24:03 PM No objection
12:24:06 PM Meeting adjourned
Florida Senate
Kristen Arrington
Senator, District 25
District Office: December 8, 2025
3 Courthouse Square
Room 219
Kissimmee, FL, 34741 The Honorable Tom Leek
(407) 846-5187 310 Senate Building
Tallahassee Office:
404 South Monroe Street
210 Senate Building Tallahassee, FL 32399-1100
404 S. Monroe St.
Tallahassee, FL 32399-
1300 Dear Chair Bradley,
(850) 487-5025
I am respectfully requesting to be excused from the upcoming Commerce and Tourism Committee
Staff:
Zoe Karabenick meeting on December 10th at 11:30am.
Senior Legislative Aide
Monica Smith
Thank you for your consideration. Please do not hesitate to reach out should you have any questions.
District Legislative
Aide Respectfully,
Ana Villalobos
District Legislative
Aide
Francis Briones
District Legislative
Aide Senator Kristen Arrington
Committees:
Vice Chair of
Commerce & Tourism CC: Todd McKay, Staff Director
Committee
Jennifer Renner, Deputy Staff Director
Appropriations Renita Hayes, Committee Administrative Assistant
Committee on
Agriculture,
Environment, and
General Government
Appropriations
Committee on
Transportation,
Tourism, and Economic
Development
Environment and
Natural Resources
Fiscal Policy
Governmental
Oversight and
Accountability
Transportation
Email: Arrington.Kristen@flsenate.gov
THE FLORIDA SENATE
Tallahassee, Florida 32399-1100
COMMITTEES:
Appropriations Committee on Health and Human
Services, Vice Chair
Appropriations Committee on Higher Education
Commerce and Tourism
Education Pre-K - 12
Fiscal Policy
Health Policy
Transportation
SENATOR TRACIE DAVIS
Democratic Leader Pro Tempore JOINT COMMITTEE:
5th District Joint Legislative Auditing Committee
December 3, 2025
The Honorable Tom Leek
Commerce and Tourism, Chair
111 W. Madison Street
Tallahassee, FL 32399-1100
Dear Chair Leek,
I respectfully request an excused absence from the December 10, 2025, Commerce and Tourism
committee meeting.
Thank you for your consideration.
Sincerely,
Tracie Davis
State Senator
District 05
2933 North Myrtle Avenue, Suite 201, Jacksonville, Florida 32209 (904) 359-2575
210 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5005
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
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