Florida Senate - 2009 CS for SB 1218
By the Committee on Regulated Industries; and Senator Bennett
580-02651-09 20091218c1
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; requiring a written statement that
9 reasonable efforts have been made to prevent access
10 through other means; providing for future review and
11 repeal of the exemption under the Open Government
12 Sunset Review Act; providing a statement of public
13 necessity; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (d) of subsection (4) of section
18 119.071, Florida Statutes, is amended to read:
19 119.071 General exemptions from inspection or copying of
20 public records.—
21 (4) AGENCY PERSONNEL INFORMATION.—
22 (d)1.a. The home addresses, telephone numbers, social
23 security numbers, and photographs of active or former law
24 enforcement personnel, including correctional and correctional
25 probation officers, personnel of the Department of Children and
26 Family Services whose duties include the investigation of abuse,
27 neglect, exploitation, fraud, theft, or other criminal
28 activities, personnel of the Department of Health whose duties
29 are to support the investigation of child abuse or neglect, and
30 personnel of the Department of Revenue or local governments
31 whose responsibilities include revenue collection and
32 enforcement or child support enforcement; the home addresses,
33 telephone numbers, social security numbers, photographs, and
34 places of employment of the spouses and children of such
35 personnel; and the names and locations of schools and day care
36 facilities attended by the children of such personnel are exempt
37 from s. 119.07(1). The home addresses, telephone numbers, and
38 photographs of firefighters certified in compliance with s.
39 633.35; the home addresses, telephone numbers, photographs, and
40 places of employment of the spouses and children of such
41 firefighters; and the names and locations of schools and day
42 care facilities attended by the children of such firefighters
43 are exempt from s. 119.07(1). The home addresses and telephone
44 numbers of justices of the Supreme Court, district court of
45 appeal judges, circuit court judges, and county court judges;
46 the home addresses, telephone numbers, and places of employment
47 of the spouses and children of justices and judges; and the
48 names and locations of schools and day care facilities attended
49 by the children of justices and judges are exempt from s.
50 119.07(1). The home addresses, telephone numbers, social
51 security numbers, and photographs of current or former state
52 attorneys, assistant state attorneys, statewide prosecutors, or
53 assistant statewide prosecutors; the home addresses, telephone
54 numbers, social security numbers, photographs, and places of
55 employment of the spouses and children of current or former
56 state attorneys, assistant state attorneys, statewide
57 prosecutors, or assistant statewide prosecutors; and the names
58 and locations of schools and day care facilities attended by the
59 children of current or former state attorneys, assistant state
60 attorneys, statewide prosecutors, or assistant statewide
61 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
62 the State Constitution.
63 b. The home addresses and telephone numbers of general
64 magistrates, special magistrates, judges of compensation claims,
65 administrative law judges of the Division of Administrative
66 Hearings, and child support enforcement hearing officers; the
67 home addresses, telephone numbers, and places of employment of
68 the spouses and children of general magistrates, special
69 magistrates, judges of compensation claims, administrative law
70 judges of the Division of Administrative Hearings, and child
71 support enforcement hearing officers; and the names and
72 locations of schools and day care facilities attended by the
73 children of general magistrates, special magistrates, judges of
74 compensation claims, administrative law judges of the Division
75 of Administrative Hearings, and child support enforcement
76 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
77 I of the State Constitution if the general magistrate, special
78 magistrate, judge of compensation claims, administrative law
79 judge of the Division of Administrative Hearings, or child
80 support hearing officer provides a written statement that the
81 general magistrate, special magistrate, judge of compensation
82 claims, administrative law judge of the Division of
83 Administrative Hearings, or child support hearing officer has
84 made reasonable efforts to protect such information from being
85 accessible through other means available to the public. This
86 sub-subparagraph is subject to the Open Government Sunset Review
87 Act in accordance with s. 119.15, and shall stand repealed on
88 October 2, 2013, unless reviewed and saved from repeal through
89 reenactment by the Legislature.
90 2. The home addresses, telephone numbers, and photographs
91 of current or former human resource, labor relations, or
92 employee relations directors, assistant directors, managers, or
93 assistant managers of any local government agency or water
94 management district whose duties include hiring and firing
95 employees, labor contract negotiation, administration, or other
96 personnel-related duties; the names, home addresses, telephone
97 numbers, and places of employment of the spouses and children of
98 such personnel; and the names and locations of schools and day
99 care facilities attended by the children of such personnel are
100 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
101 Constitution.
102 3. The home addresses, telephone numbers, social security
103 numbers, and photographs of current or former United States
104 attorneys and assistant United States attorneys; the home
105 addresses, telephone numbers, social security numbers,
106 photographs, and places of employment of the spouses and
107 children of current or former United States attorneys and
108 assistant United States attorneys; and the names and locations
109 of schools and day care facilities attended by the children of
110 current or former United States attorneys and assistant United
111 States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
112 I of the State Constitution. This subparagraph is subject to the
113 Open Government Sunset Review Act in accordance with s. 119.15
114 and shall stand repealed on October 2, 2009, unless reviewed and
115 saved from repeal through reenactment by the Legislature.
116 4. The home addresses, telephone numbers, social security
117 numbers, and photographs of current or former judges of United
118 States Courts of Appeal, United States district judges, and
119 United States magistrate judges; the home addresses, telephone
120 numbers, social security numbers, photographs, and places of
121 employment of the spouses and children of current or former
122 judges of United States Courts of Appeal, United States district
123 judges, and United States magistrate judges; and the names and
124 locations of schools and day care facilities attended by the
125 children of current or former judges of United States Courts of
126 Appeal, United States district judges, and United States
127 magistrate judges are exempt from s. 119.07(1) and s. 24(a),
128 Art. I of the State Constitution. This subparagraph is subject
129 to the Open Government Sunset Review Act in accordance with s.
130 119.15 and shall stand repealed on October 2, 2009, unless
131 reviewed and saved from repeal through reenactment by the
132 Legislature.
133 5. The home addresses, telephone numbers, and photographs
134 of current or former code enforcement officers; the names, home
135 addresses, telephone numbers, and places of employment of the
136 spouses and children of such personnel; and the names and
137 locations of schools and day care facilities attended by the
138 children of such personnel are exempt from s. 119.07(1) and s.
139 24(a), Art. I of the State Constitution.
140 6. The home addresses, telephone numbers, places of
141 employment, and photographs of current or former guardians ad
142 litem, as defined in s. 39.820, and the names, home addresses,
143 telephone numbers, and places of employment of the spouses and
144 children of such persons, are exempt from s. 119.07(1) and s.
145 24(a), Art. I of the State Constitution, if the guardian ad
146 litem provides a written statement that the guardian ad litem
147 has made reasonable efforts to protect such information from
148 being accessible through other means available to the public.
149 This subparagraph is subject to the Open Government Sunset
150 Review Act in accordance with s. 119.15 and shall stand repealed
151 on October 2, 2010, unless reviewed and saved from repeal
152 through reenactment by the Legislature.
153 7. The home addresses, telephone numbers, and photographs
154 of current or former juvenile probation officers, juvenile
155 probation supervisors, detention superintendents, assistant
156 detention superintendents, senior juvenile detention officers,
157 juvenile detention officer supervisors, juvenile detention
158 officers, house parents I and II, house parent supervisors,
159 group treatment leaders, group treatment leader supervisors,
160 rehabilitation therapists, and social services counselors of the
161 Department of Juvenile Justice; the names, home addresses,
162 telephone numbers, and places of employment of spouses and
163 children of such personnel; and the names and locations of
164 schools and day care facilities attended by the children of such
165 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
166 the State Constitution. This subparagraph is subject to the Open
167 Government Sunset Review Act in accordance with s. 119.15 and
168 shall stand repealed on October 2, 2011, unless reviewed and
169 saved from repeal through reenactment by the Legislature.
170 8. The home addresses, telephone numbers, and photographs
171 of current or former investigators and inspectors of the
172 Department of Business and Professional Regulation; the names,
173 home addresses, telephone numbers, and places of employment of
174 the spouses and children of such personnel; and the names and
175 locations of schools and day care facilities attended by the
176 children of such personnel are exempt from s. 119.07(1) and s.
177 24(a), Art. I of the State Constitution, if the investigator or
178 inspector provides a written statement that the investigator or
179 inspector has made reasonable efforts to protect such
180 information from being accessible through other means available
181 to the public. This subparagraph is subject to the Open
182 Government Sunset Review Act in accordance with s. 119.15, and
183 shall stand repealed on October 2, 2014, unless reviewed and
184 saved from repeal through reenactment by the Legislature.
185 9.8. An agency that is the custodian of the personal
186 information specified in subparagraph 1., subparagraph 2.,
187 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
188 6., or subparagraph 7., or subparagraph 8. and that is not the
189 employer of the officer, employee, justice, judge, or other
190 person specified in subparagraph 1., subparagraph 2.,
191 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
192 6., or subparagraph 7., or subparagraph 8. shall maintain the
193 exempt status of the personal information only if the officer,
194 employee, justice, judge, other person, or employing agency of
195 the designated employee submits a written request for
196 maintenance of the exemption to the custodial agency.
197 Section 2. The Legislature finds that it is a public
198 necessity that the home addresses, telephone numbers, and
199 photographs of current or former investigators and inspectors of
200 the Department of Business and Professional Regulation; the
201 names, home addresses, telephone numbers, and places of
202 employment of spouses and children of such personnel; and the
203 names and locations of schools and day care facilities attended
204 by the children of such personnel be made exempt from public
205 records requirements. This exemption is justified because, if
206 this information were not made exempt from public-records
207 requirements, the investigators, inspectors, or the family
208 members of these investigators or inspectors could be harmed or
209 threatened with harm by a current or former litigant or a person
210 under investigation by the Department of Business and
211 Professional Regulation. Department of Business and Professional
212 Regulation investigators and inspectors perform an important
213 regulatory function, which may result in the investigators and
214 inspectors entering places of business or residences of victims,
215 witnesses, licensees, or other individuals who are under
216 investigation by the agency. In many instances, the individuals
217 under investigation risk possible sanctions, including the loss
218 of their livelihood. As a result, the individuals are not always
219 willing participants in the investigation and have retaliated
220 against the investigators and inspectors. The Department of
221 Business and Professional Regulation has documented reports of
222 intimidation, threats of violence, and other abuse. The
223 investigators and inspectors have reported incidents where they
224 were both threatened on the job and at their personal
225 residences. Therefore, the harm that might result from the
226 release of the information outweighs any public benefit that
227 could be derived from disclosure of the information.
228 Section 3. This act shall take effect July 1, 2009.