SB 268 — Public Records/Emergency Department Physicians

Florida Senate - 2026 CS for SB 268 By Senatorthe RodriguezCommittee 40-00249-26on 2026268__Health APolicy; bill to be entitled An act relating to public records;

and Senators Rodriguez and Harrell 588-02409-26 2026268c1 A bill to be entitled An act relating to public records;

defining the term “emergency department physician”;

providing exemptions from public records requirements for the personal identifying and location information of current or former emergency department physicians and the spouses and certain children of such emergency department physicians;

requiring certain agencies that are custodians of the exempt information to maintain the exempt status of such information under certain circumstances;

specifying procedures for requesting an agency to maintain the exempt status of such information;

providing that an individual has a duty to withdraw a request if the exemption no longer applies to him or her;

requiring custodial agencies to maintain the exempt status of such information until the exemption no longer applies to the individual;

119.071 General exemptions from inspection or copying of public records.— (5) OTHER PERSONAL INFORMATION.— (l)1.Page 1 of 4 CODING:

For purposes of this paragraph, the term “emergency physician” means a physician licensed under chapter 458 or chapter 459 whose duties are performed in a hospital emergency department licensed under chapter 395.

2.

The home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former emergency physicians;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency physicians;

and the names and locations of schools and day care facilities attended by the Page 1 of 3 CODING:

Florida Senate - 2026 CS for SB 268 40-00249-26588-02409-26 2026268__2026268c1 children(l)1. of such emergency physicians are exempt from s.

For purposes of this paragraph, the term “emergency department physician” means a physician licensed under chapter 458 or chapter 459 whose duties are performed in a hospital emergency department licensed under chapter 395.

2.

The home addresses, personal telephone numbers, and dates of birth of current emergency department physicians;

the names, home addresses, personal telephone numbers, dates of birth, and places of employment of the spouses and children younger than 26 years of age of such emergency department physicians;

and the names and locations of schools and day care facilities attended by the children younger than 26 years of age of such emergency department physicians are exempt from s.

An agency that is the custodian of information specified in subparagraph 2.

and that is not the employer of the emergency department physician must maintain the exempt status of that information only if the individual requests the maintenance of an exemption under subparagraph 2.

on the basis of eligibility as a current emergency department physician or the spouse or child of such emergency department physician and the individual submits a written and notarized request for maintenance of the exemption to the custodial agency.

The request must state under oath the statutory basis for the individual’s exemption request and confirm the individual’s eligibility for the exemption.

An individual who has submitted such a request has a duty to withdraw the request if the exemption no longer applies to the Page 2 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 268 588-02409-26 2026268c1 individual.

If a custodial agency receives a request meeting the requirements of this subparagraph, the custodial agency must maintain the exempt status of such information applicable to the individual until the qualifying conditions for the exemption under subparagraph 2.

no longer apply to the individual subject to the exemption.

5.

The Legislature finds that it is a public necessity that the home addresses, personal telephone numbers, and dates of birth,birth places of employment, and photographs of current or former emergency department physicians;

the names, home addresses, personal telephone numbers, and places of employment of the spouses and children younger than 26 years of age of such emergency department physicians;

and the names and locations of schools and day care facilities attended by the children younger than 26 years of age of such emergency department physicians be made exempt from public records requirements.

Emergency department physicians, by the nature of their duties, are often placed in traumatic circumstances in which loss of life and severe bodily injuries have occurred.

Such emergency department physicians are particularly vulnerable to physical violence, harassment, and intimidation perpetrated by patients or relatives of patients who can be violent, angry, or mentally unstable.

As a result, the Legislature finds that the release of personal identifying and location information of emergency department physicians, or of the spouses and children of such emergency department physicians, could place them in dangerPage 3 of being4 physicallyCODING: or emotionally harmed or stalked by a person who has a hostile reaction to his or her encounter with such physicians.

The Page 2 of 3 CODING:

Florida Senate - 2026 CS for SB 268 40-00249-26588-02409-26 2026268__2026268c1 Legislaturedanger furtherof findsbeing thatphysically theor harmemotionally thatharmed mayor resultstalked fromby thea releaseperson ofwho suchhas identifyinga andhostile locationreaction informationto outweighshis anyor publicher benefitencounter thatwith maysuch bephysicians. derived from the disclosure of the information.

The Legislature further finds that the harm that may result from the release of such personal identifying and location information outweighs any public benefit that may be derived from the disclosure of the information.