Florida Senate - 2026 SB By Senator Simon 3-00960-26 2026520__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to public records; amending s. 2 121.031, F.S.; providing an exemption from public records requirements for all records identifying participants in any state retirement plan administered by the Division of Retirement of the Department of Management Services and held by the division or the State Board of Administration; providing exceptions; 8 providing for future legislative review and repeal of the exemption; deleting provisions providing a limited exemption from public records requirements for certain retirement records; providing a statement of public necessity; providing an effective date. 13

Be It Enacted by the Legislature of the State of Florida: 15

Section 1. Subsection (5) of

section 121.031, Florida Statutes, is amended to read: 18 121.031 Administration of system; appropriation; oaths; 19 actuarial studies; public records.— 20

(5) All records identifying participants in any state retirement plan administered by the division and held by the division or the state board are exempt from s. 119.07(1) and s. 23 24(a), Art. I of the State Constitution. Such information may be disclosed to another governmental entity in furtherance of the official duties and responsibilities of the division or state board without waiver of the exemption.

This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, 29 Florida Senate - 2026 SB 520 3-00960-26 2026520__ CODING: Words stricken are deletions; words underlined are additions. unless reviewed and saved from repeal through reenactment by the Legislature The names and addresses of retirees are confidential and exempt from the provisions of s. 119.07(1) to the extent that no state or local governmental agency may provide the names or addresses of such persons in aggregate, compiled, or list form to any person except to a public agency engaged in official business.

However, a state or local government agency may provide the names and addresses of retirees from that agency to a bargaining agent as defined in s. 447.203(12) or to a retiree organization for official business use. Lists of names or addresses of retirees may be exchanged by public agencies, but such lists shall not be provided to, or open for inspection by, 41 the public. Any person may view or copy any individual’s retirement records at the Department of Management Services, one record at a time, or may obtain information by a separate written request for a named individual for which information is desired. 46

Section 2. The Legislature finds that it is a public necessity that all records identifying members, payees, or beneficiaries of state retirement plans administered by the Division of Retirement and held by the division or the State Board of Administration be made exempt from s. 119.07(1), 51 Florida Statutes, and s. 24(a),

Article I of the State Constitution. The release of sensitive information included in such records could allow predatory individuals and organizations to take advantage of retirement plan members, payees, and beneficiaries. Exempting this information from public records requirements allows the members, payees, and beneficiaries to invest their funds without the fear of their sensitive Florida Senate - 2026 SB 520 3-00960-26 2026520__ CODING: Words stricken are deletions; words underlined are additions. information being disclosed without their consent.

Additionally, 59 investment plan members, who also participate in the Florida Retirement System, currently have their personal identifying information protected, and this exemption would provide uniform protection of records to all Florida Retirement System members, 63 payees, and beneficiaries regardless of the retirement plan they select. For these reasons, the Legislature finds that it is a public necessity to exempt such information from public records requirements. 67

Section 3. This act shall take effect upon becoming a law. 68