Senate Bill sb1628c1
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Florida Senate - 2005 CS for SB 1628
By the Committee on Criminal Justice; and Senator Crist
591-1848-05
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; creating an exemption from
4 public-records requirements for personal
5 identifying information contained in records
6 concerning current or former juvenile probation
7 officers, juvenile probation supervisors,
8 detention superintendents, assistant detention
9 superintendents, senior juvenile detention
10 officers, juvenile detention officer
11 supervisors, and juvenile detention officers of
12 the Department of Juvenile Justice; providing
13 for future repeal and legislative review under
14 the Open Government Sunset Review Act of 1995;
15 providing a statement of public necessity;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (i) of subsection (6) of section
21 119.07, Florida Statutes, is amended to read:
22 119.07 Inspection and copying of records;
23 photographing public records; fees; exemptions.--
24 (6)
25 (i)1. The home addresses, telephone numbers, social
26 security numbers, and photographs of active or former law
27 enforcement personnel, including correctional and correctional
28 probation officers, personnel of the Department of Children
29 and Family Services whose duties include the investigation of
30 abuse, neglect, exploitation, fraud, theft, or other criminal
31 activities, personnel of the Department of Health whose duties
1
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Florida Senate - 2005 CS for SB 1628
591-1848-05
1 are to support the investigation of child abuse or neglect,
2 and personnel of the Department of Revenue or local
3 governments whose responsibilities include revenue collection
4 and enforcement or child support enforcement; the home
5 addresses, telephone numbers, social security numbers,
6 photographs, and places of employment of the spouses and
7 children of such personnel; and the names and locations of
8 schools and day care facilities attended by the children of
9 such personnel are exempt from the provisions of subsection
10 (1). The home addresses, telephone numbers, and photographs of
11 firefighters certified in compliance with s. 633.35; the home
12 addresses, telephone numbers, photographs, and places of
13 employment of the spouses and children of such firefighters;
14 and the names and locations of schools and day care facilities
15 attended by the children of such firefighters are exempt from
16 subsection (1). The home addresses and telephone numbers of
17 justices of the Supreme Court, district court of appeal
18 judges, circuit court judges, and county court judges; the
19 home addresses, telephone numbers, and places of employment of
20 the spouses and children of justices and judges; and the names
21 and locations of schools and day care facilities attended by
22 the children of justices and judges are exempt from the
23 provisions of subsection (1). The home addresses, telephone
24 numbers, social security numbers, and photographs of current
25 or former state attorneys, assistant state attorneys,
26 statewide prosecutors, or assistant statewide prosecutors; the
27 home addresses, telephone numbers, social security numbers,
28 photographs, and places of employment of the spouses and
29 children of current or former state attorneys, assistant state
30 attorneys, statewide prosecutors, or assistant statewide
31 prosecutors; and the names and locations of schools and day
2
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Florida Senate - 2005 CS for SB 1628
591-1848-05
1 care facilities attended by the children of current or former
2 state attorneys, assistant state attorneys, statewide
3 prosecutors, or assistant statewide prosecutors are exempt
4 from subsection (1) and s. 24(a), Art. I of the State
5 Constitution.
6 2. The home addresses, telephone numbers, social
7 security numbers, and photographs of current or former human
8 resource, labor relations, or employee relations directors,
9 assistant directors, managers, or assistant managers of any
10 local government agency or water management district whose
11 duties include hiring and firing employees, labor contract
12 negotiation, administration, or other personnel-related
13 duties; the names, home addresses, telephone numbers, social
14 security numbers, photographs, and places of employment of the
15 spouses and children of such personnel; and the names and
16 locations of schools and day care facilities attended by the
17 children of such personnel are exempt from subsection (1) and
18 s. 24(a), Art. I of the State Constitution. This subparagraph
19 is subject to the Open Government Sunset Review Act of 1995 in
20 accordance with s. 119.15, and shall stand repealed on October
21 2, 2006, unless reviewed and saved from repeal through
22 reenactment by the Legislature.
23 3. The home addresses, telephone numbers, social
24 security numbers, and photographs of current or former United
25 States attorneys and assistant United States attorneys; the
26 home addresses, telephone numbers, social security numbers,
27 photographs, and places of employment of the spouses and
28 children of current or former United States attorneys and
29 assistant United States attorneys; and the names and locations
30 of schools and day care facilities attended by the children of
31 current or former United States attorneys and assistant United
3
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Florida Senate - 2005 CS for SB 1628
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1 States attorneys are exempt from subsection (1) and s. 24(a),
2 Art. I of the State Constitution. This subparagraph is subject
3 to the Open Government Sunset Review Act of 1995 in accordance
4 with s. 119.15 and shall stand repealed on October 2, 2009,
5 unless reviewed and saved from repeal through reenactment by
6 the Legislature.
7 4. The home addresses, telephone numbers, social
8 security numbers, and photographs of current or former judges
9 of United States Courts of Appeal, United States district
10 judges, and United States magistrate judges; the home
11 addresses, telephone numbers, social security numbers,
12 photographs, and places of employment of the spouses and
13 children of current or former judges of United States Courts
14 of Appeal, United States district judges, and United States
15 magistrate judges; and the names and locations of schools and
16 day care facilities attended by the children of current or
17 former judges of United States Courts of Appeal, United States
18 district judges, and United States magistrate judges are
19 exempt from subsection (1) and s. 24(a), Art. I of the State
20 Constitution. This subparagraph is subject to the Open
21 Government Sunset Review Act of 1995 in accordance with s.
22 119.15, and shall stand repealed on October 2, 2009, unless
23 reviewed and saved from repeal through reenactment by the
24 Legislature.
25 5. The home addresses, telephone numbers, social
26 security numbers, and photographs of current or former code
27 enforcement officers; the names, home addresses, telephone
28 numbers, social security numbers, photographs, and places of
29 employment of the spouses and children of such persons; and
30 the names and locations of schools and day care facilities
31 attended by the children of such persons are exempt from
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Florida Senate - 2005 CS for SB 1628
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1 subsection (1) and s. 24(a), Art. I of the State Constitution.
2 This subparagraph is subject to the Open Government Sunset
3 Review Act of 1995 in accordance with s. 119.15, and shall
4 stand repealed on October 2, 2006, unless reviewed and saved
5 from repeal through reenactment by the Legislature.
6 6. The home addresses, telephone numbers, and
7 photographs of current or former juvenile probation officers,
8 juvenile probation supervisors, detention superintendents,
9 assistant detention superintendents, senior juvenile detention
10 officers, juvenile detention officer supervisors, and juvenile
11 detention officers of the Department of Juvenile Justice are
12 exempt from subsection (1) and s. 24(a), Art. I of the State
13 Constitution. This subparagraph is subject to the Open
14 Government Sunset Review Act of 1995 in accordance with s.
15 119.15, and shall stand repealed on October 2, 2010, unless
16 reviewed and saved from repeal through reenactment by the
17 Legislature.
18 7.6. An agency that is the custodian of the personal
19 information specified in subparagraph 1., subparagraph 2.,
20 subparagraph 3., subparagraph 4., or subparagraph 5., or
21 subparagraph 6., and that is not the employer of the officer,
22 employee, justice, judge, or other person specified in
23 subparagraph 1., subparagraph 2., subparagraph 3.,
24 subparagraph 4., or subparagraph 5., or subparagraph 6., shall
25 maintain the exempt status of the personal information only if
26 the officer, employee, justice, judge, other person, or
27 employing agency of the designated employee submits a written
28 request for maintenance of the exemption to the custodial
29 agency.
30 Section 2. The Legislature finds that the exemption
31 from public-records requirements provided in this act for
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Florida Senate - 2005 CS for SB 1628
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1 identifying information relating to current and former
2 juvenile probation officers, juvenile probation supervisors,
3 detention superintendents, assistant detention
4 superintendents, senior juvenile detention officers, juvenile
5 detention officer supervisors, and juvenile detention officers
6 of the Department of Juvenile Justice is a public necessity.
7 This act is justified because, if such information were not
8 confidential, a juvenile probation officer, a juvenile
9 probation supervisor, a juvenile detention officer, a
10 detention superintendent, an assistant detention
11 superintendent, a senior juvenile detention officer, or a
12 juvenile detention officer supervisor could be harmed or
13 threatened with harm by a juvenile defendant or by a friend or
14 family member of a juvenile defendant.
15 Section 3. This act shall take effect October 1, 2005.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 1628
19
20 - Deletes the public records exemption for spouses and
children of DJJ probation and detention officers.
21
- Includes detention superintendents, assistant detention
22 superintendents, senior juvenile detention officers, and
juvenile detention officer supervisors in the public
23 records exemption.
24 - Deletes social security numbers from the public records
exemption.
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