Senate Bill sb1320c1

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    Florida Senate - 2006                           CS for SB 1320

    By the Committee on Criminal Justice; and Senator Crist





    591-1892-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.071, F.S.; providing an exemption from

  4         public-records requirements for the home

  5         addresses, telephone numbers, social security

  6         numbers, and photographs of current or former

  7         juvenile probation officers, juvenile probation

  8         supervisors, detention superintendents,

  9         assistant detention superintendents, senior

10         juvenile detention officers, juvenile detention

11         officer supervisors, juvenile detention

12         officers, house parents I and II, house parent

13         supervisors, group treatment leaders, group

14         treatment leader supervisors, social services

15         counselors, and rehabilitation therapists of

16         the Department of Juvenile Justice, the names,

17         home addresses, telephone numbers, social

18         security numbers, photographs, and places of

19         employment of spouses and children of such

20         personnel, and the names and locations of

21         schools and day care facilities attended by the

22         children of such personnel; providing a

23         condition precedent to the granting of such

24         exemption; providing for review and repeal;

25         reenacting s. 409.2577, F.S., relating to

26         disclosure of information to the parent locator

27         service of the Department of Children and

28         Family Services, for the purpose of

29         incorporating the amendment to s. 119.071,

30         F.S., in a reference thereto; providing a

31  

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1         statement of public necessity; providing an

 2         effective date.

 3  

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

 5  

 6         Section 1.  Paragraph (d) of subsection (4) of section

 7  119.071, Florida Statutes, is amended to read:

 8         119.071  General exemptions from inspection or copying

 9  of public records.--

10         (4)  AGENCY PERSONNEL INFORMATION.--

11         (d)1.  The home addresses, telephone numbers, social

12  security numbers, and photographs of active or former law

13  enforcement personnel, including correctional and correctional

14  probation officers, personnel of the Department of Children

15  and Family Services whose duties include the investigation of

16  abuse, neglect, exploitation, fraud, theft, or other criminal

17  activities, personnel of the Department of Health whose duties

18  are to support the investigation of child abuse or neglect,

19  and personnel of the Department of Revenue or local

20  governments whose responsibilities include revenue collection

21  and enforcement or child support enforcement; the home

22  addresses, telephone numbers, social security numbers,

23  photographs, and places of employment of the spouses and

24  children of such personnel; and the names and locations of

25  schools and day care facilities attended by the children of

26  such personnel are exempt from s. 119.07(1). The home

27  addresses, telephone numbers, and photographs of firefighters

28  certified in compliance with s. 633.35; the home addresses,

29  telephone numbers, photographs, and places of employment of

30  the spouses and children of such firefighters; and the names

31  and locations of schools and day care facilities attended by

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1  the children of such firefighters are exempt from s.

 2  119.07(1). The home addresses and telephone numbers of

 3  justices of the Supreme Court, district court of appeal

 4  judges, circuit court judges, and county court judges; the

 5  home addresses, telephone numbers, and places of employment of

 6  the spouses and children of justices and judges; and the names

 7  and locations of schools and day care facilities attended by

 8  the children of justices and judges are exempt from s.

 9  119.07(1). The home addresses, telephone numbers, social

10  security numbers, and photographs of current or former state

11  attorneys, assistant state attorneys, statewide prosecutors,

12  or assistant statewide prosecutors; the home addresses,

13  telephone numbers, social security numbers, photographs, and

14  places of employment of the spouses and children of current or

15  former state attorneys, assistant state attorneys, statewide

16  prosecutors, or assistant statewide prosecutors; and the names

17  and locations of schools and day care facilities attended by

18  the children of current or former state attorneys, assistant

19  state attorneys, statewide prosecutors, or assistant statewide

20  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I

21  of the State Constitution.

22         2.  The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former human

24  resource, labor relations, or employee relations directors,

25  assistant directors, managers, or assistant managers of any

26  local government agency or water management district whose

27  duties include hiring and firing employees, labor contract

28  negotiation, administration, or other personnel-related

29  duties; the names, home addresses, telephone numbers, social

30  security numbers, photographs, and places of employment of the

31  spouses and children of such personnel; and the names and

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1  locations of schools and day care facilities attended by the

 2  children of such personnel are exempt from s. 119.07(1) and s.

 3  24(a), Art. I of the State Constitution. This subparagraph is

 4  subject to the Open Government Sunset Review Act in accordance

 5  with s. 119.15 and shall stand repealed on October 2, 2006,

 6  unless reviewed and saved from repeal through reenactment by

 7  the Legislature.

 8         3.  The home addresses, telephone numbers, social

 9  security numbers, and photographs of current or former United

10  States attorneys and assistant United States attorneys; the

11  home addresses, telephone numbers, social security numbers,

12  photographs, and places of employment of the spouses and

13  children of current or former United States attorneys and

14  assistant United States attorneys; and the names and locations

15  of schools and day care facilities attended by the children of

16  current or former United States attorneys and assistant United

17  States attorneys are exempt from s. 119.07(1) and s. 24(a),

18  Art. I of the State Constitution. This subparagraph is subject

19  to the Open Government Sunset Review Act in accordance with s.

20  119.15 and shall stand repealed on October 2, 2009, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         4.  The home addresses, telephone numbers, social

24  security numbers, and photographs of current or former judges

25  of United States Courts of Appeal, United States district

26  judges, and United States magistrate judges; the home

27  addresses, telephone numbers, social security numbers,

28  photographs, and places of employment of the spouses and

29  children of current or former judges of United States Courts

30  of Appeal, United States district judges, and United States

31  magistrate judges; and the names and locations of schools and

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1  day care facilities attended by the children of current or

 2  former judges of United States Courts of Appeal, United States

 3  district judges, and United States magistrate judges are

 4  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

 5  Constitution. This subparagraph is subject to the Open

 6  Government Sunset Review Act in accordance with s. 119.15 and

 7  shall stand repealed on October 2, 2009, unless reviewed and

 8  saved from repeal through reenactment by the Legislature.

 9         5.  The home addresses, telephone numbers, social

10  security numbers, and photographs of current or former code

11  enforcement officers; the names, home addresses, telephone

12  numbers, social security numbers, photographs, and places of

13  employment of the spouses and children of such persons; and

14  the names and locations of schools and day care facilities

15  attended by the children of such persons are exempt from s.

16  119.07(1) and s. 24(a), Art. I of the State Constitution. This

17  subparagraph is subject to the Open Government Sunset Review

18  Act in accordance with s. 119.15 and shall stand repealed on

19  October 2, 2006, unless reviewed and saved from repeal through

20  reenactment by the Legislature.

21         6.  The home addresses, telephone numbers, places of

22  employment, and photographs of current or former guardians ad

23  litem, as defined in s. 39.820, and the names, home addresses,

24  telephone numbers, and places of employment of the spouses and

25  children of such persons, are exempt from s. 119.07(1) and s.

26  24(a), Art. I of the State Constitution, if the guardian ad

27  litem provides a written statement that the guardian ad litem

28  has made reasonable efforts to protect such information from

29  being accessible through other means available to the public.

30  This subparagraph is subject to the Open Government Sunset

31  Review Act in accordance with s. 119.15 and shall stand

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    Florida Senate - 2006                           CS for SB 1320
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 1  repealed on October 2, 2010, unless reviewed and saved from

 2  repeal through reenactment by the Legislature.

 3         7.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former

 5  juvenile probation officers, juvenile probation supervisors,

 6  detention superintendents, assistant detention

 7  superintendents, senior juvenile detention officers, juvenile

 8  detention officer supervisors, juvenile detention officers,

 9  house parents I and II, house parent supervisors, group

10  treatment leaders, group treatment leader supervisors, social

11  service counselors, and rehabilitation therapists of the

12  Department of Juvenile Justice, the names, home addresses,

13  telephone numbers, social security numbers, photographs, and

14  places of employment of spouses and children of such

15  personnel, and the names and locations of schools and day care

16  facilities attended by the children of such personnel are

17  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

18  Constitution, if the Department of Juvenile Justice personnel

19  member provides a written statement that he or she has made

20  reasonable efforts to protect such information from being

21  accessible through other means available to the public. This

22  subparagraph is subject to the Open Government Sunset Review

23  Act of 1995 in accordance with s. 119.15 and shall stand

24  repealed on October 2, 2011, unless reviewed and saved from

25  repeal through reenactment by the Legislature.

26         8.7.  An agency that is the custodian of the personal

27  information specified in subparagraph 1., subparagraph 2.,

28  subparagraph 3., subparagraph 4., subparagraph 5., or

29  subparagraph 6., or subparagraph 7. and that is not the

30  employer of the officer, employee, justice, judge, or other

31  person specified in subparagraph 1., subparagraph 2.,

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1  subparagraph 3., subparagraph 4., subparagraph 5., or

 2  subparagraph 6., or subparagraph 7. shall maintain the exempt

 3  status of the personal information only if the officer,

 4  employee, justice, judge, other person, or employing agency of

 5  the designated employee submits a written request for

 6  maintenance of the exemption to the custodial agency.

 7         Section 2.  For the purpose of incorporating the

 8  amendment made by this act to section 119.071, Florida

 9  Statutes, in a reference thereto, section 409.2577, Florida

10  Statutes, is reenacted to read:

11         409.2577  Parent locator service.--The department shall

12  establish a parent locator service to assist in locating

13  parents who have deserted their children and other persons

14  liable for support of dependent children. The department shall

15  use all sources of information available, including the

16  Federal Parent Locator Service, and may request and shall

17  receive information from the records of any person or the

18  state or any of its political subdivisions or any officer

19  thereof. Any agency as defined in s. 120.52, any political

20  subdivision, and any other person shall, upon request, provide

21  the department any information relating to location, salary,

22  insurance, social security, income tax, and employment history

23  necessary to locate parents who owe or potentially owe a duty

24  of support pursuant to Title IV-D of the Social Security Act.

25  This provision shall expressly take precedence over any other

26  statutory nondisclosure provision which limits the ability of

27  an agency to disclose such information, except that law

28  enforcement information as provided in s. 119.071(4)(d) is not

29  required to be disclosed, and except that confidential

30  taxpayer information possessed by the Department of Revenue

31  shall be disclosed only to the extent authorized in s.

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    Florida Senate - 2006                           CS for SB 1320
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 1  213.053(15). Nothing in this section requires the disclosure

 2  of information if such disclosure is prohibited by federal

 3  law. Information gathered or used by the parent locator

 4  service is confidential and exempt from the provisions of s.

 5  119.07(1). Additionally, the department is authorized to

 6  collect any additional information directly bearing on the

 7  identity and whereabouts of a person owing or asserted to be

 8  owing an obligation of support for a dependent child. The

 9  department shall, upon request, make information available

10  only to public officials and agencies of this state; political

11  subdivisions of this state, including any agency thereof

12  providing child support enforcement services to non-Title IV-D

13  clients; the custodial parent, legal guardian, attorney, or

14  agent of the child; and other states seeking to locate parents

15  who have deserted their children and other persons liable for

16  support of dependents, for the sole purpose of establishing,

17  modifying, or enforcing their liability for support, and shall

18  make such information available to the Department of Children

19  and Family Services for the purpose of diligent search

20  activities pursuant to chapter 39. If the department has

21  reasonable evidence of domestic violence or child abuse and

22  the disclosure of information could be harmful to the

23  custodial parent or the child of such parent, the child

24  support program director or designee shall notify the

25  Department of Children and Family Services and the Secretary

26  of the United States Department of Health and Human Services

27  of this evidence. Such evidence is sufficient grounds for the

28  department to disapprove an application for location services.

29         Section 3.  The Legislature finds that it is a public

30  necessity that the home addresses, telephone numbers, social

31  security numbers, and photographs of current or former

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    Florida Senate - 2006                           CS for SB 1320
    591-1892-06




 1  juvenile probation officers, juvenile probation supervisors,

 2  detention superintendents, assistant detention

 3  superintendents, senior juvenile detention officers, juvenile

 4  detention officer supervisors, juvenile detention officers,

 5  house parents I and II, house parent supervisors, group

 6  treatment leaders, group treatment leader supervisors, social

 7  service counselors, and rehabilitation therapists of the

 8  Department of Juvenile Justice, the names, home addresses,

 9  telephone numbers, social security numbers, photographs, and

10  places of employment of spouses and children of such

11  personnel, and the names and locations of schools and day care

12  facilities attended by the children of such personnel be held

13  confidential and exempt from public-records requirements if

14  the Department of Juvenile Justice personnel member seeking

15  the exemption provides a written statement that he or she has

16  made reasonable efforts to protect such information from being

17  accessible through other means available to the public. This

18  exemption is justified because, if such information were not

19  confidential, a juvenile probation officer, juvenile probation

20  supervisor, detention superintendent, assistant detention

21  superintendent, senior juvenile detention officer, juvenile

22  detention officer supervisor, juvenile detention officer,

23  house parent, house parent supervisor, group treatment leader,

24  group treatment leader supervisor, social service counselor,

25  or rehabilitation therapist of the Department of Juvenile

26  Justice or his or her family could be harmed or threatened

27  with harm by a juvenile defendant or by a friend or family

28  member of a juvenile defendant.

29         Section 4.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                           CS for SB 1320
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1320

 3                                 

 4  -    The bill reenacts s. 409.2577, F.S., for the purpose of
         incorporating the amendment to s. 119.071 (4)(d), F.S.,
 5       which is referenced therein.

 6  -    The bill includes another "group" of Department of
         Juvenile Justice personnel within the public records
 7       exemption created by the bill. This group is social
         services counselors.
 8  
    -    The bill extends the public records exemption to include
 9       social security numbers and photographs of the Department
         personnel and former personnel listed in the bill, as
10       well as the social security numbers, photographs, and
         place of employment of his or her spouse and children.
11       Likewise, the bill includes the children's schools and
         day care facilities. These are the same exemptions that
12       apply to other groups of persons in this section of the
         Florida Statutes.
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