Florida Senate - 2009                                    SB 1218
       
       
       
       By Senator Bennett
       
       
       
       
       21-00848-09                                           20091218__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for the identifying and location
    5         information of current or former investigators and
    6         inspectors of the Department of Business and
    7         Professional Regulation and the spouses and children
    8         of such personnel; providing for future review and
    9         repeal of the exemption under the Open Government
   10         Sunset Review Act; providing a statement of public
   11         necessity; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1.a. The home addresses, telephone numbers, social
   21  security numbers, and photographs of active or former law
   22  enforcement personnel, including correctional and correctional
   23  probation officers, personnel of the Department of Children and
   24  Family Services whose duties include the investigation of abuse,
   25  neglect, exploitation, fraud, theft, or other criminal
   26  activities, personnel of the Department of Health whose duties
   27  are to support the investigation of child abuse or neglect, and
   28  personnel of the Department of Revenue or local governments
   29  whose responsibilities include revenue collection and
   30  enforcement or child support enforcement; the home addresses,
   31  telephone numbers, social security numbers, photographs, and
   32  places of employment of the spouses and children of such
   33  personnel; and the names and locations of schools and day care
   34  facilities attended by the children of such personnel are exempt
   35  from s. 119.07(1). The home addresses, telephone numbers, and
   36  photographs of firefighters certified in compliance with s.
   37  633.35; the home addresses, telephone numbers, photographs, and
   38  places of employment of the spouses and children of such
   39  firefighters; and the names and locations of schools and day
   40  care facilities attended by the children of such firefighters
   41  are exempt from s. 119.07(1). The home addresses and telephone
   42  numbers of justices of the Supreme Court, district court of
   43  appeal judges, circuit court judges, and county court judges;
   44  the home addresses, telephone numbers, and places of employment
   45  of the spouses and children of justices and judges; and the
   46  names and locations of schools and day care facilities attended
   47  by the children of justices and judges are exempt from s.
   48  119.07(1). The home addresses, telephone numbers, social
   49  security numbers, and photographs of current or former state
   50  attorneys, assistant state attorneys, statewide prosecutors, or
   51  assistant statewide prosecutors; the home addresses, telephone
   52  numbers, social security numbers, photographs, and places of
   53  employment of the spouses and children of current or former
   54  state attorneys, assistant state attorneys, statewide
   55  prosecutors, or assistant statewide prosecutors; and the names
   56  and locations of schools and day care facilities attended by the
   57  children of current or former state attorneys, assistant state
   58  attorneys, statewide prosecutors, or assistant statewide
   59  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
   60  the State Constitution.
   61         b. The home addresses and telephone numbers of general
   62  magistrates, special magistrates, judges of compensation claims,
   63  administrative law judges of the Division of Administrative
   64  Hearings, and child support enforcement hearing officers; the
   65  home addresses, telephone numbers, and places of employment of
   66  the spouses and children of general magistrates, special
   67  magistrates, judges of compensation claims, administrative law
   68  judges of the Division of Administrative Hearings, and child
   69  support enforcement hearing officers; and the names and
   70  locations of schools and day care facilities attended by the
   71  children of general magistrates, special magistrates, judges of
   72  compensation claims, administrative law judges of the Division
   73  of Administrative Hearings, and child support enforcement
   74  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   75  I of the State Constitution if the general magistrate, special
   76  magistrate, judge of compensation claims, administrative law
   77  judge of the Division of Administrative Hearings, or child
   78  support hearing officer provides a written statement that the
   79  general magistrate, special magistrate, judge of compensation
   80  claims, administrative law judge of the Division of
   81  Administrative Hearings, or child support hearing officer has
   82  made reasonable efforts to protect such information from being
   83  accessible through other means available to the public. This
   84  sub-subparagraph is subject to the Open Government Sunset Review
   85  Act in accordance with s. 119.15, and shall stand repealed on
   86  October 2, 2013, unless reviewed and saved from repeal through
   87  reenactment by the Legislature.
   88         2. The home addresses, telephone numbers, and photographs
   89  of current or former human resource, labor relations, or
   90  employee relations directors, assistant directors, managers, or
   91  assistant managers of any local government agency or water
   92  management district whose duties include hiring and firing
   93  employees, labor contract negotiation, administration, or other
   94  personnel-related duties; the names, home addresses, telephone
   95  numbers, and places of employment of the spouses and children of
   96  such personnel; and the names and locations of schools and day
   97  care facilities attended by the children of such personnel are
   98  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   99  Constitution.
  100         3. The home addresses, telephone numbers, social security
  101  numbers, and photographs of current or former United States
  102  attorneys and assistant United States attorneys; the home
  103  addresses, telephone numbers, social security numbers,
  104  photographs, and places of employment of the spouses and
  105  children of current or former United States attorneys and
  106  assistant United States attorneys; and the names and locations
  107  of schools and day care facilities attended by the children of
  108  current or former United States attorneys and assistant United
  109  States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
  110  I of the State Constitution. This subparagraph is subject to the
  111  Open Government Sunset Review Act in accordance with s. 119.15
  112  and shall stand repealed on October 2, 2009, unless reviewed and
  113  saved from repeal through reenactment by the Legislature.
  114         4. The home addresses, telephone numbers, social security
  115  numbers, and photographs of current or former judges of United
  116  States Courts of Appeal, United States district judges, and
  117  United States magistrate judges; the home addresses, telephone
  118  numbers, social security numbers, photographs, and places of
  119  employment of the spouses and children of current or former
  120  judges of United States Courts of Appeal, United States district
  121  judges, and United States magistrate judges; and the names and
  122  locations of schools and day care facilities attended by the
  123  children of current or former judges of United States Courts of
  124  Appeal, United States district judges, and United States
  125  magistrate judges are exempt from s. 119.07(1) and s. 24(a),
  126  Art. I of the State Constitution. This subparagraph is subject
  127  to the Open Government Sunset Review Act in accordance with s.
  128  119.15 and shall stand repealed on October 2, 2009, unless
  129  reviewed and saved from repeal through reenactment by the
  130  Legislature.
  131         5. The home addresses, telephone numbers, and photographs
  132  of current or former code enforcement officers; the names, home
  133  addresses, telephone numbers, and places of employment of the
  134  spouses and children of such personnel; and the names and
  135  locations of schools and day care facilities attended by the
  136  children of such personnel are exempt from s. 119.07(1) and s.
  137  24(a), Art. I of the State Constitution.
  138         6. The home addresses, telephone numbers, places of
  139  employment, and photographs of current or former guardians ad
  140  litem, as defined in s. 39.820, and the names, home addresses,
  141  telephone numbers, and places of employment of the spouses and
  142  children of such persons, are exempt from s. 119.07(1) and s.
  143  24(a), Art. I of the State Constitution, if the guardian ad
  144  litem provides a written statement that the guardian ad litem
  145  has made reasonable efforts to protect such information from
  146  being accessible through other means available to the public.
  147  This subparagraph is subject to the Open Government Sunset
  148  Review Act in accordance with s. 119.15 and shall stand repealed
  149  on October 2, 2010, unless reviewed and saved from repeal
  150  through reenactment by the Legislature.
  151         7. The home addresses, telephone numbers, and photographs
  152  of current or former juvenile probation officers, juvenile
  153  probation supervisors, detention superintendents, assistant
  154  detention superintendents, senior juvenile detention officers,
  155  juvenile detention officer supervisors, juvenile detention
  156  officers, house parents I and II, house parent supervisors,
  157  group treatment leaders, group treatment leader supervisors,
  158  rehabilitation therapists, and social services counselors of the
  159  Department of Juvenile Justice; the names, home addresses,
  160  telephone numbers, and places of employment of spouses and
  161  children of such personnel; and the names and locations of
  162  schools and day care facilities attended by the children of such
  163  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  164  the State Constitution. This subparagraph is subject to the Open
  165  Government Sunset Review Act in accordance with s. 119.15 and
  166  shall stand repealed on October 2, 2011, unless reviewed and
  167  saved from repeal through reenactment by the Legislature.
  168         8.The home addresses, telephone numbers, and photographs
  169  of current or former investigators and inspectors of the
  170  Department of Business and Professional Regulation; the names,
  171  home addresses, telephone numbers, and places of employment of
  172  the spouses and children of such personnel; and the names and
  173  locations of schools and day care facilities attended by the
  174  children of such personnel are exempt from s. 119.07(1) and s.
  175  24(a), Art. I of the State Constitution. This subparagraph is
  176  subject to the Open Government Sunset Review Act in accordance
  177  with s. 119.15, and shall stand repealed on October 2, 2014,
  178  unless reviewed and saved from repeal through reenactment by the
  179  Legislature.
  180         9.8. An agency that is the custodian of the personal
  181  information specified in subparagraph 1., subparagraph 2.,
  182  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
  183  6., or subparagraph 7., or subparagraph 8. and that is not the
  184  employer of the officer, employee, justice, judge, or other
  185  person specified in subparagraph 1., subparagraph 2.,
  186  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
  187  6., or subparagraph 7., or subparagraph 8. shall maintain the
  188  exempt status of the personal information only if the officer,
  189  employee, justice, judge, other person, or employing agency of
  190  the designated employee submits a written request for
  191  maintenance of the exemption to the custodial agency.
  192         Section 2. The Legislature finds that it is a public
  193  necessity that the home addresses, telephone numbers, and
  194  photographs of current or former investigators and inspectors of
  195  the Department of Business and Professional Regulation; the
  196  names, home addresses, telephone numbers, and places of
  197  employment of spouses and children of such personnel; and the
  198  names and locations of schools and day care facilities attended
  199  by the children of such personnel be made exempt from public
  200  records requirements. This exemption is justified because, if
  201  this information were not made exempt from public-records
  202  requirements, the investigators, inspectors, or the family
  203  members of these investigators or inspectors could be harmed or
  204  threatened with harm by a current or former litigant or a person
  205  under investigation by the Department of Business and
  206  Professional Regulation. Therefore, the harm that might result
  207  from the release of the information outweighs any public benefit
  208  that could be derived from disclosure of the information.
  209         Section 3. This act shall take effect July 1, 2009.