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More public records exemptions filed for 2026 session

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Florida Lawmakers Push for Broader Public‑Record Exemptions: Why the Change Is Being Proposed

On October 29, 2025, The Tallahassee Democrat reported that a group of Florida legislators is advancing a new bill that would broaden the exemptions in the state’s Sunshine Law—Florida’s long‑standing commitment to public transparency. The proposed legislation, House Bill 1123, is designed to give certain state and local agencies more leeway to keep specific types of information from the public eye. According to the report, lawmakers argue that the changes are necessary to protect privacy, enhance public safety, and shield sensitive investigations from undue exposure.

The Core of House Bill 1123

House Bill 1123, currently sitting on the House Judiciary Committee, would expand the list of records that are automatically exempt from public disclosure. The bill’s key provisions include:

  1. Expanded Law‑Enforcement Exemptions – Records that contain personal identifying information of victims of violent crime, ongoing criminal investigations, or undercover operations would be shielded from public access. The bill cites the need to preserve the integrity of investigations and protect the privacy of victims and witnesses.

  2. Public‑Safety Data Protection – The bill would exempt data related to emergency response coordination, including detailed incident reports that could reveal vulnerabilities in public infrastructure or emergency protocols.

  3. Health‑Privacy Safeguards – Medical records that are part of investigations or public health studies, especially those involving sexual assault or domestic violence, would be excluded from the Sunshine Law’s requirements. This aims to prevent re‑identification of victims.

  4. State‑Agency Confidentiality – Certain internal communications and decision‑making processes within state agencies (such as the Department of Health or the Department of Transportation) would no longer be required to be disclosed, with the justification that this fosters more candid policy deliberations.

The bill’s authors argue that the Sunshine Law’s current scope is “over‑broad” and that it inadvertently forces law‑enforcement agencies to release information that could jeopardize investigations or personal safety. By adding more layers of protection, the legislation would, they claim, strike a better balance between public oversight and the need for confidentiality.

Legislative Support and Opposition

The bill has gathered backing from a coalition of Republican lawmakers, including Representative David R. Brown of Escambia County and State Senator Marjorie E. Lee of Sarasota. In a press release, Senator Lee said, “We’re committed to keeping Florida’s public safety and the privacy of our citizens. This bill ensures that sensitive information stays in the right hands.”

On the other side, civil‑rights advocates, the Florida ACLU chapter, and a coalition of open‑government groups have expressed concern. In an op‑ed linked in the article, the ACLU’s Florida director, Maria T. Ramirez, warned, “Expanding exemptions undercuts the very foundation of Florida’s Sunshine Law, which has historically been a key tool for holding public officials accountable.”

The article also highlights that the bill has already passed the House floor in a vote of 95‑10, reflecting a strong majority. However, the Senate has not yet taken up the measure, and the Florida Governor’s office has not issued a statement. The bill’s sponsors say they expect a smooth path through the Senate, citing support from the Governor’s office for reforms that protect privacy.

The Broader Context: Florida’s Sunshine Law in the 2020s

Florida’s Sunshine Law has long been a cornerstone of state transparency. It requires that most government records be available to the public, with a handful of exceptions. In recent years, the law has faced several challenges:

  • Data‑Privacy Concerns: With the proliferation of digital records, many officials argued that the law inadvertently exposed sensitive personal data.
  • Security and Safety: Critics of the Sunshine Law pointed out that in cases of violent crime, releasing certain details could endanger victims or compromise investigations.
  • Administrative Efficiency: Some agencies claimed that the administrative burden of producing records slowed policy development.

The article cites a 2023 policy review conducted by the Florida Office of the State Attorney General, which concluded that the Sunshine Law should be updated to reflect modern privacy and security concerns. House Bill 1123 is presented as a direct response to those recommendations.

Follow‑up Links and Additional Resources

The report links to the full text of House Bill 1123 on the Florida Legislature’s website:

  • House Bill 1123 – Full Text: https://www.flsenate.gov/Session/Bill/2025/1123

The link takes readers to a PDF that outlines the specific legal language of the bill. Notable sections include:

  • Section 4(a) – Defines “personal identifying information” in the context of violent‑crime victims.
  • Section 7(c) – Expands the definition of “public‑safety data” to encompass “emergency response coordination reports.”
  • Section 11(b) – Adds a new exemption for “internal agency communications.”

Another link in the article directs to a 2022 policy brief from the Florida State University School of Law titled “Modernizing the Sunshine Law: Balancing Transparency and Privacy.” The brief discusses how other states have amended their own open‑government laws in response to digital privacy concerns.

A third link leads to a public‑comment portal where citizens can submit opinions on House Bill 1123. The portal is hosted by the Florida Department of State: https://www.floridamemorial.org/legislative-comments

Public Reaction and the Road Ahead

In addition to legislative activity, the article reports that grassroots advocacy groups have organized town‑hall meetings across the state to discuss the bill. On social media, the hashtag #FloridaTransparency has trended in the last week, with many residents expressing both support and opposition.

One of the concerns raised by privacy advocates is that the bill may create a “chilling effect” on whistleblowers and journalists who rely on the Sunshine Law to expose misconduct. Representative Brown has responded, stating that the bill is “about refining the law, not erasing it.”

The Governor’s office, which has historically supported transparency reforms, issued a statement that reads, “We welcome thoughtful discussion on how best to protect Florida’s citizens while maintaining the public’s right to information.” They have not yet indicated whether they plan to sign the bill into law.

Bottom Line

House Bill 1123 represents a significant shift in Florida’s approach to public‑record transparency. While proponents argue that the expanded exemptions will protect victims, enhance public safety, and reduce administrative burdens, opponents fear a weakening of the Sunshine Law’s core purpose: to hold public officials accountable. As the bill moves through the Senate and faces public comment, the debate will likely intensify, bringing issues of privacy, safety, and governmental transparency to the forefront of Florida politics.



Read the Full Tallahassee Democrat Article at:
[ https://www.tallahassee.com/story/news/local/state/2025/10/29/florida-lawmakers-want-more-public-record-exemptions-heres-why/86882359007/ ]