HB 629

1
A bill to be entitled
2An act relating to public records; amending s.
3119.071, F.S.; including dates of birth within the
4types of personal identifying information of specified
5agency personnel and the spouses and children of such
6personnel that are exempt from public records
7requirements under s. 119.071(4)(e), F.S.; clarifying
8an exemption for personal identifying information of
9active or former law enforcement personnel and the
10spouses and children thereof; providing for future
11legislative review and repeal of the exemptions;
12defining the term "telephone numbers"; providing a
13statement of public necessity; amending s. 409.2577,
14F.S.; conforming a cross-reference; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (4) of section 119.071, Florida
20Statutes, is amended to read:
21     119.071  General exemptions from inspection or copying of
22public records.-
23     (4)  AGENCY PERSONNEL INFORMATION.-
24     (a)  The social security numbers of all current and former
25agency employees which numbers are held by the employing agency
26are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
27I of the State Constitution. This paragraph is subject to the
28Open Government Sunset Review Act in accordance with s. 119.15
29and shall stand repealed on October 2, 2014, unless reviewed and
30saved from repeal through reenactment by the Legislature.
31     (b)1.  Medical information pertaining to a prospective,
32current, or former officer or employee of an agency which, if
33disclosed, would identify that officer or employee is exempt
34from s. 119.07(1) and s. 24(a), Art. I of the State
35Constitution. However, such information may be disclosed if the
36person to whom the information pertains or the person's legal
37representative provides written permission or pursuant to court
38order.
39     2.a.  Personal identifying information of a dependent child
40of a current or former officer or employee of an agency, which
41dependent child is insured by an agency group insurance plan, is
42exempt from s. 119.07(1) and s. 24(a), Art. I of the State
43Constitution. For purposes of this exemption, "dependent child"
44has the same meaning as in s. 409.2554.
45     b.  This exemption is remedial in nature and applies to
46personal identifying information held by an agency before, on,
47or after the effective date of this exemption.
48     c.  This subparagraph is subject to the Open Government
49Sunset Review Act in accordance with s. 119.15 and shall stand
50repealed on October 2, 2014, unless reviewed and saved from
51repeal through reenactment by the Legislature.
52     (c)  Any information revealing undercover personnel of any
53criminal justice agency is exempt from s. 119.07(1) and s.
5424(a), Art. I of the State Constitution.
55     (d)  For purposes of this subsection, the term "telephone
56numbers" includes home telephone numbers; personal cellular
57telephone numbers; personal pager telephone numbers; telephone
58numbers associated with personal communications devices; and
59telephone numbers associated with agency cellular telephones,
60pagers, or other personal communications devices issued or
61assigned to agency personnel in furtherance of their duties. The
62term "telephone numbers" does not include agency contact
63telephone numbers that the agency commonly makes available to
64the general public.
65     (e)(d)1.a.  The home addresses, telephone numbers, social
66security numbers, dates of birth, and photographs of active or
67former sworn or civilian law enforcement personnel, including
68correctional and correctional probation officers, personnel of
69the Department of Children and Family Services whose duties
70include the investigation of abuse, neglect, exploitation,
71fraud, theft, or other criminal activities, personnel of the
72Department of Health whose duties are to support the
73investigation of child abuse or neglect, and personnel of the
74Department of Revenue or local governments whose
75responsibilities include revenue collection and enforcement or
76child support enforcement; the home addresses, telephone
77numbers, social security numbers, photographs, dates of birth,
78and places of employment of the spouses and children of such
79personnel; and the names and locations of schools and day care
80facilities attended by the children of such personnel are exempt
81from s. 119.07(1). This sub-subparagraph is subject to the Open
82Government Sunset Review Act in accordance with s. 119.15 and
83shall stand repealed on October 2, 2017, unless reviewed and
84saved from repeal through reenactment by the Legislature.
85     b.  The home addresses, telephone numbers, dates of birth,
86and photographs of firefighters certified in compliance with s.
87633.35; the home addresses, telephone numbers, photographs,
88dates of birth, and places of employment of the spouses and
89children of such firefighters; and the names and locations of
90schools and day care facilities attended by the children of such
91firefighters are exempt from s. 119.07(1). This sub-subparagraph
92is subject to the Open Government Sunset Review Act in
93accordance with s. 119.15 and shall stand repealed on October 2,
942017, unless reviewed and saved from repeal through reenactment
95by the Legislature.
96     c.  The home addresses, dates of birth, and telephone
97numbers of justices of the Supreme Court, district court of
98appeal judges, circuit court judges, and county court judges;
99the home addresses, telephone numbers, dates of birth, and
100places of employment of the spouses and children of justices and
101judges; and the names and locations of schools and day care
102facilities attended by the children of justices and judges are
103exempt from s. 119.07(1). This sub-subparagraph is subject to
104the Open Government Sunset Review Act in accordance with s.
105119.15 and shall stand repealed on October 2, 2017, unless
106reviewed and saved from repeal through reenactment by the
107Legislature.
108     d.  The home addresses, telephone numbers, social security
109numbers, dates of birth, and photographs of current or former
110state attorneys, assistant state attorneys, statewide
111prosecutors, or assistant statewide prosecutors; the home
112addresses, telephone numbers, social security numbers,
113photographs, dates of birth, and places of employment of the
114spouses and children of current or former state attorneys,
115assistant state attorneys, statewide prosecutors, or assistant
116statewide prosecutors; and the names and locations of schools
117and day care facilities attended by the children of current or
118former state attorneys, assistant state attorneys, statewide
119prosecutors, or assistant statewide prosecutors are exempt from
120s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
121This sub-subparagraph is subject to the Open Government Sunset
122Review Act in accordance with s. 119.15 and shall stand repealed
123on October 2, 2017, unless reviewed and saved from repeal
124through reenactment by the Legislature.
125     e.  The home addresses, dates of birth, and telephone
126numbers of general magistrates, special magistrates, judges of
127compensation claims, administrative law judges of the Division
128of Administrative Hearings, and child support enforcement
129hearing officers; the home addresses, telephone numbers, dates
130of birth, and places of employment of the spouses and children
131of general magistrates, special magistrates, judges of
132compensation claims, administrative law judges of the Division
133of Administrative Hearings, and child support enforcement
134hearing officers; and the names and locations of schools and day
135care facilities attended by the children of general magistrates,
136special magistrates, judges of compensation claims,
137administrative law judges of the Division of Administrative
138Hearings, and child support enforcement hearing officers are
139exempt from s. 119.07(1) and s. 24(a), Art. I of the State
140Constitution if the general magistrate, special magistrate,
141judge of compensation claims, administrative law judge of the
142Division of Administrative Hearings, or child support hearing
143officer provides a written statement that the general
144magistrate, special magistrate, judge of compensation claims,
145administrative law judge of the Division of Administrative
146Hearings, or child support hearing officer has made reasonable
147efforts to protect such information from being accessible
148through other means available to the public. This sub-
149subparagraph is subject to the Open Government Sunset Review Act
150in accordance with s. 119.15, and shall stand repealed on
151October 2, 2017 2013, unless reviewed and saved from repeal
152through reenactment by the Legislature.
153     f.  The home addresses, telephone numbers, dates of birth,
154and photographs of current or former human resource, labor
155relations, or employee relations directors, assistant directors,
156managers, or assistant managers of any local government agency
157or water management district whose duties include hiring and
158firing employees, labor contract negotiation, administration, or
159other personnel-related duties; the names, home addresses,
160telephone numbers, dates of birth, and places of employment of
161the spouses and children of such personnel; and the names and
162locations of schools and day care facilities attended by the
163children of such personnel are exempt from s. 119.07(1) and s.
16424(a), Art. I of the State Constitution. This sub-subparagraph
165is subject to the Open Government Sunset Review Act in
166accordance with s. 119.15 and shall stand repealed on October 2,
1672017, unless reviewed and saved from repeal through reenactment
168by the Legislature.
169     g.  The home addresses, telephone numbers, dates of birth,
170and photographs of current or former code enforcement officers;
171the names, home addresses, telephone numbers, dates of birth,
172and places of employment of the spouses and children of such
173personnel; and the names and locations of schools and day care
174facilities attended by the children of such personnel are exempt
175from s. 119.07(1) and s. 24(a), Art. I of the State
176Constitution. This sub-subparagraph is subject to the Open
177Government Sunset Review Act in accordance with s. 119.15 and
178shall stand repealed on October 2, 2017, unless reviewed and
179saved from repeal through reenactment by the Legislature.
180     h.  The home addresses, telephone numbers, places of
181employment, dates of birth, and photographs of current or former
182guardians ad litem, as defined in s. 39.820; the names, home
183addresses, telephone numbers, dates of birth, and places of
184employment of the spouses and children of such persons; and the
185names and locations of schools and day care facilities attended
186by the children of such persons are exempt from s. 119.07(1) and
187s. 24(a), Art. I of the State Constitution, if the guardian ad
188litem provides a written statement that the guardian ad litem
189has made reasonable efforts to protect such information from
190being accessible through other means available to the public.
191This sub-subparagraph is subject to the Open Government Sunset
192Review Act in accordance with s. 119.15 and shall stand repealed
193on October 2, 2017 2015, unless reviewed and saved from repeal
194through reenactment by the Legislature.
195     i.  The home addresses, telephone numbers, dates of birth,
196and photographs of current or former juvenile probation
197officers, juvenile probation supervisors, detention
198superintendents, assistant detention superintendents, juvenile
199justice detention officers I and II, juvenile justice detention
200officer supervisors, juvenile justice residential officers,
201juvenile justice residential officer supervisors I and II,
202juvenile justice counselors, juvenile justice counselor
203supervisors, human services counselor administrators, senior
204human services counselor administrators, rehabilitation
205therapists, and social services counselors of the Department of
206Juvenile Justice; the names, home addresses, telephone numbers,
207dates of birth, and places of employment of spouses and children
208of such personnel; and the names and locations of schools and
209day care facilities attended by the children of such personnel
210are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
211Constitution. This sub-subparagraph is subject to the Open
212Government Sunset Review Act in accordance with s. 119.15 and
213shall stand repealed on October 2, 2017, unless reviewed and
214saved from repeal through reenactment by the Legislature.
215     j.  The home addresses, telephone numbers, dates of birth,
216and photographs of current or former public defenders, assistant
217public defenders, criminal conflict and civil regional counsel,
218and assistant criminal conflict and civil regional counsel; the
219home addresses, telephone numbers, dates of birth, and places of
220employment of the spouses and children of such defenders or
221counsel; and the names and locations of schools and day care
222facilities attended by the children of such defenders or counsel
223are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
224Constitution. This sub-subparagraph is subject to the Open
225Government Sunset Review Act in accordance with s. 119.15 and
226shall stand repealed on October 2, 2017 2015, unless reviewed
227and saved from repeal through reenactment by the Legislature.
228     2.  An agency that is the custodian of the information
229specified in subparagraph 1. and that is not the employer of the
230officer, employee, justice, judge, or other person specified in
231subparagraph 1. shall maintain the exempt status of that
232information only if the officer, employee, justice, judge, other
233person, or employing agency of the designated employee submits a
234written request for maintenance of the exemption to the
235custodial agency.
236     Section 2.  It is the finding of the Legislature that it is
237a public necessity that the dates of birth of agency personnel
238enumerated in s. 119.071(4)(e), Florida Statutes, and the
239spouses and children of such personnel be included within the
240types of personal identifying information for such agency
241personnel and the spouses and children thereof that are exempt
242from public records requirements under s. 119.071(4)(e), Florida
243Statutes. It is the finding of the Legislature that date of
244birth information can be used as a tool to perpetuate fraud
245against an individual and to acquire sensitive personal,
246financial, medical, and familial information, the release of
247which could cause great financial or personal harm to an
248individual. It is also the finding of the Legislature that, with
249respect to the existing exemptions from public records
250requirements for the telephone numbers of agency personnel
251enumerated in s. 119.071(4)(e), Florida Statutes, and the
252telephone numbers of the spouses and children of such personnel,
253the term "telephone number" should be defined and clarified to
254include personal pager numbers. It is the finding of the
255Legislature that personal pager numbers, along with personal
256cellular telephone numbers, telephone numbers associated with
257personal communications devices, and telephone numbers
258associated with agency cellular telephones, pagers, or other
259personal communications devices issued or assigned to agency
260personnel in furtherance of their duties, constitute another
261means by which any of the agency personnel enumerated in s.
262119.071(4)(e), Florida Statutes, and the spouses and children of
263such personnel could potentially be identified, located, and
264subsequently put at risk.
265     Section 3.  Section 409.2577, Florida Statutes, is amended
266to read:
267     409.2577  Parent locator service.-The department shall
268establish a parent locator service to assist in locating parents
269who have deserted their children and other persons liable for
270support of dependent children. The department shall use all
271sources of information available, including the Federal Parent
272Locator Service, and may request and shall receive information
273from the records of any person or the state or any of its
274political subdivisions or any officer thereof. Any agency as
275defined in s. 120.52, any political subdivision, and any other
276person shall, upon request, provide the department any
277information relating to location, salary, insurance, social
278security, income tax, and employment history necessary to locate
279parents who owe or potentially owe a duty of support pursuant to
280Title IV-D of the Social Security Act. This provision shall
281expressly take precedence over any other statutory nondisclosure
282provision which limits the ability of an agency to disclose such
283information, except that law enforcement information as provided
284in s. 119.071(4)(e) 119.071(4)(d) is not required to be
285disclosed, and except that confidential taxpayer information
286possessed by the Department of Revenue shall be disclosed only
287to the extent authorized in s. 213.053(16). Nothing in this
288section requires the disclosure of information if such
289disclosure is prohibited by federal law. Information gathered or
290used by the parent locator service is confidential and exempt
291from the provisions of s. 119.07(1). Additionally, the
292department is authorized to collect any additional information
293directly bearing on the identity and whereabouts of a person
294owing or asserted to be owing an obligation of support for a
295dependent child. The department shall, upon request, make
296information available only to public officials and agencies of
297this state; political subdivisions of this state, including any
298agency thereof providing child support enforcement services to
299non-Title IV-D clients; the parent owed support, legal guardian,
300attorney, or agent of the child; and other states seeking to
301locate parents who have deserted their children and other
302persons liable for support of dependents, for the sole purpose
303of establishing, modifying, or enforcing their liability for
304support, and shall make such information available to the
305Department of Children and Family Services for the purpose of
306diligent search activities pursuant to chapter 39. If the
307department has reasonable evidence of domestic violence or child
308abuse and the disclosure of information could be harmful to the
309parent owed support or the child of such parent, the child
310support program director or designee shall notify the Department
311of Children and Family Services and the Secretary of the United
312States Department of Health and Human Services of this evidence.
313Such evidence is sufficient grounds for the department to
314disapprove an application for location services.
315     Section 4.  This act shall take effect October 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.