Florida Senate - 2013 SB 1656
By Senator Bean
4-01491-13 20131656__
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 certain personal identifying
5 information of school safety marshals; providing for
6 disclosure of such information under specified
7 conditions; providing for future legislative review
8 and repeal of the exemption under the Open Government
9 Sunset Review Act; providing a statement of public
10 necessity; providing a contingent effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (d) of subsection (4) of section
15 119.071, Florida Statutes, is amended to read:
16 119.071 General exemptions from inspection or copying of
17 public records.—
18 (4) AGENCY PERSONNEL INFORMATION.—
19 (d)1. For purposes of this paragraph, the term “telephone
20 numbers” includes home telephone numbers, personal cellular
21 telephone numbers, personal pager telephone numbers, and
22 telephone numbers associated with personal communications
23 devices.
24 2.a. The home addresses, telephone numbers, social security
25 numbers, dates of birth, and photographs of active or former
26 sworn or civilian law enforcement personnel, including
27 correctional and correctional probation officers, personnel of
28 the Department of Children and Family Services whose duties
29 include the investigation of abuse, neglect, exploitation,
30 fraud, theft, or other criminal activities, personnel of the
31 Department of Health whose duties are to support the
32 investigation of child abuse or neglect, and personnel of the
33 Department of Revenue or local governments whose
34 responsibilities include revenue collection and enforcement or
35 child support enforcement; the home addresses, telephone
36 numbers, social security numbers, photographs, dates of birth,
37 and places of employment of the spouses and children of such
38 personnel; and the names and locations of schools and day care
39 facilities attended by the children of such personnel are exempt
40 from s. 119.07(1).
41 b. The home addresses, telephone numbers, dates of birth,
42 and photographs of firefighters certified in compliance with s.
43 633.35; the home addresses, telephone numbers, photographs,
44 dates of birth, and places of employment of the spouses and
45 children of such firefighters; and the names and locations of
46 schools and day care facilities attended by the children of such
47 firefighters are exempt from s. 119.07(1).
48 c. The home addresses, dates of birth, and telephone
49 numbers of current or former justices of the Supreme Court,
50 district court of appeal judges, circuit court judges, and
51 county court judges; the home addresses, telephone numbers,
52 dates of birth, and places of employment of the spouses and
53 children of current or former justices and judges; and the names
54 and locations of schools and day care facilities attended by the
55 children of current or former justices and judges are exempt
56 from s. 119.07(1).
57 d. The home addresses, telephone numbers, social security
58 numbers, dates of birth, and photographs of current or former
59 state attorneys, assistant state attorneys, statewide
60 prosecutors, or assistant statewide prosecutors; the home
61 addresses, telephone numbers, social security numbers,
62 photographs, dates of birth, and places of employment of the
63 spouses and children of current or former state attorneys,
64 assistant state attorneys, statewide prosecutors, or assistant
65 statewide prosecutors; and the names and locations of schools
66 and day care facilities attended by the children of current or
67 former state attorneys, assistant state attorneys, statewide
68 prosecutors, or assistant statewide prosecutors are exempt from
69 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
70 e. The home addresses, dates of birth, and telephone
71 numbers 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; the home addresses, telephone numbers, dates
75 of birth, and places of employment of the spouses and children
76 of general magistrates, special magistrates, judges of
77 compensation claims, administrative law judges of the Division
78 of Administrative Hearings, and child support enforcement
79 hearing officers; and the names and locations of schools and day
80 care facilities attended by the children of general magistrates,
81 special magistrates, judges of compensation claims,
82 administrative law judges of the Division of Administrative
83 Hearings, and child support enforcement hearing officers are
84 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
85 Constitution if the general magistrate, special magistrate,
86 judge of compensation claims, administrative law judge of the
87 Division of Administrative Hearings, or child support hearing
88 officer provides a written statement that the general
89 magistrate, special magistrate, judge of compensation claims,
90 administrative law judge of the Division of Administrative
91 Hearings, or child support hearing officer has made reasonable
92 efforts to protect such information from being accessible
93 through other means available to the public.
94 f. The home addresses, telephone numbers, dates of birth,
95 and photographs of current or former human resource, labor
96 relations, or employee relations directors, assistant directors,
97 managers, or assistant managers of any local government agency
98 or water management district whose duties include hiring and
99 firing employees, labor contract negotiation, administration, or
100 other personnel-related duties; the names, home addresses,
101 telephone numbers, dates of birth, and places of employment of
102 the spouses and children of such personnel; and the names and
103 locations of schools and day care facilities attended by the
104 children of such personnel are exempt from s. 119.07(1) and s.
105 24(a), Art. I of the State Constitution.
106 g. The home addresses, telephone numbers, dates of birth,
107 and photographs of current or former code enforcement officers;
108 the names, home addresses, telephone numbers, dates of birth,
109 and places of employment of the spouses and children of such
110 personnel; and the names and locations of schools and day care
111 facilities attended by the children of such personnel are exempt
112 from s. 119.07(1) and s. 24(a), Art. I of the State
113 Constitution.
114 h. The home addresses, telephone numbers, places of
115 employment, dates of birth, and photographs of current or former
116 guardians ad litem, as defined in s. 39.820; the names, home
117 addresses, telephone numbers, dates of birth, and places of
118 employment of the spouses and children of such persons; and the
119 names and locations of schools and day care facilities attended
120 by the children of such persons are exempt from s. 119.07(1) and
121 s. 24(a), Art. I of the State Constitution, if the guardian ad
122 litem provides a written statement that the guardian ad litem
123 has made reasonable efforts to protect such information from
124 being accessible through other means available to the public.
125 i. The home addresses, telephone numbers, dates of birth,
126 and photographs of current or former juvenile probation
127 officers, juvenile probation supervisors, detention
128 superintendents, assistant detention superintendents, juvenile
129 justice detention officers I and II, juvenile justice detention
130 officer supervisors, juvenile justice residential officers,
131 juvenile justice residential officer supervisors I and II,
132 juvenile justice counselors, juvenile justice counselor
133 supervisors, human services counselor administrators, senior
134 human services counselor administrators, rehabilitation
135 therapists, and social services counselors of the Department of
136 Juvenile Justice; the names, home addresses, telephone numbers,
137 dates of birth, and places of employment of spouses and children
138 of such personnel; and the names and locations of schools and
139 day care facilities attended by the children of such personnel
140 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
141 Constitution.
142 j. The home addresses, telephone numbers, dates of birth,
143 and photographs of current or former public defenders, assistant
144 public defenders, criminal conflict and civil regional counsel,
145 and assistant criminal conflict and civil regional counsel; the
146 home addresses, telephone numbers, dates of birth, and places of
147 employment of the spouses and children of such defenders or
148 counsel; and the names and locations of schools and day care
149 facilities attended by the children of such defenders or counsel
150 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
151 Constitution.
152 k. The home addresses, telephone numbers, and photographs
153 of current or former investigators or inspectors of the
154 Department of Business and Professional Regulation; the names,
155 home addresses, telephone numbers, and places of employment of
156 the spouses and children of such current or former investigators
157 and inspectors; and the names and locations of schools and day
158 care facilities attended by the children of such current or
159 former investigators and inspectors are exempt from s. 119.07(1)
160 and s. 24(a), Art. I of the State Constitution if the
161 investigator or inspector has made reasonable efforts to protect
162 such information from being accessible through other means
163 available to the public. This sub-subparagraph is subject to the
164 Open Government Sunset Review Act in accordance with s. 119.15
165 and shall stand repealed on October 2, 2017, unless reviewed and
166 saved from repeal through reenactment by the Legislature.
167 l. The home addresses and telephone numbers of county tax
168 collectors; the names, home addresses, telephone numbers, and
169 places of employment of the spouses and children of such tax
170 collectors; and the names and locations of schools and day care
171 facilities attended by the children of such tax collectors are
172 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
173 Constitution if the county tax collector has made reasonable
174 efforts to protect such information from being accessible
175 through other means available to the public. This sub
176 subparagraph is subject to the Open Government Sunset Review Act
177 in accordance with s. 119.15 and shall stand repealed on October
178 2, 2017, unless reviewed and saved from repeal through
179 reenactment by the Legislature.
180 m. The names, home addresses, telephone numbers, social
181 security numbers, dates of birth, and photographs of individuals
182 recommended by a school district as a school safety marshal and
183 active or former school safety marshals appointed by the
184 Department of Education pursuant to s. 1012.47 are exempt from
185 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
186 Information on a school safety marshal which is made exempt by
187 this sub-subparagraph may be disclosed to another governmental
188 entity if disclosure is necessary for the receiving entity to
189 perform its duties and responsibilities; upon request by a law
190 enforcement agency in connection with the performance of lawful
191 duties; or to a school district in which the school safety
192 marshal serves. This sub-subparagraph is subject to the Open
193 Government Sunset Review Act in accordance with s. 119.15 and
194 shall stand repealed on October 2, 2018, unless reviewed and
195 saved from repeal through reenactment by the Legislature.
196 3. An agency that is the custodian of the information
197 specified in subparagraph 2. and that is not the employer of the
198 officer, employee, justice, judge, or other person specified in
199 subparagraph 2. shall maintain the exempt status of that
200 information only if the officer, employee, justice, judge, other
201 person, or employing agency of the designated employee submits a
202 written request for maintenance of the exemption to the
203 custodial agency.
204 4. The exemptions in this paragraph apply to information
205 held by an agency before, on, or after the effective date of the
206 exemption.
207 5. This paragraph is subject to the Open Government Sunset
208 Review Act in accordance with s. 119.15, and shall stand
209 repealed on October 2, 2017, unless reviewed and saved from
210 repeal through reenactment by the Legislature.
211 Section 2. The Legislature finds that it is a public
212 necessity that the personal identifying information of school
213 safety marshals be made exempt from public records requirements,
214 with certain exceptions. While educating students is the primary
215 focus of the Department of Education and each school district,
216 the tragic events at Sandy Hook Elementary School in Newtown,
217 Connecticut, in which 20 students and six adults were killed on
218 December 14, 2012, and at Columbine High School in Columbine,
219 Colorado, in which 12 students and one teacher were murdered and
220 an additional 21 students were injured on April 20, 1999, have
221 made the Department of Education and school districts keenly
222 aware that the safety, security, and well-being of students,
223 faculty, and staff is of paramount concern. The Department of
224 Education created the School Safety Marshal Program to address
225 the challenges that school districts face in providing an
226 environment in which students can learn free from fear. School
227 safety marshals are school district personnel who freely and
228 willingly undergo a thorough investigation and intensive
229 training in order to carry a concealed firearm on school grounds
230 for the protection of our children, the most innocent and
231 vulnerable residents of the state. School safety marshals are
232 the first line of defense against school violence. Identifying
233 school safety marshals frustrates the purpose of the marshal
234 program and makes school safety marshals targets for acts of
235 violence. The Legislature finds that the release of identifying
236 information of school marshals would allow persons with
237 nefarious plans regarding public schools to target and
238 immobilize this first line of defense against school violence.
239 The possibility that a marshal may be targeted in a violent
240 incident will also have a chilling effect on the number of
241 school district personnel willing to serve this important role
242 within schools. In addition, because school safety marshals are
243 required to possess a valid concealed weapons permit pursuant to
244 s. 790.06, Florida Statutes, releasing identifying information
245 of these persons subverts the public records exemption provided
246 to holders of a concealed weapons license in this state pursuant
247 to s. 790.0601, Florida Statutes. The Legislature has found in
248 prior legislative sessions and has expressed in s.
249 790.335(1)(a)3., Florida Statutes, that a record of legally
250 owned firearms or law-abiding firearm owners is an instrument
251 that can be used as a means to profile innocent citizens and to
252 harass and abuse American citizens based solely on their choice
253 to own firearms and exercise their Second Amendment right to
254 keep and bear arms as guaranteed under the United States
255 Constitution. Further, the information could be used and has
256 been used to identify individuals who have obtained a license to
257 carry a concealed weapon or firearm for the purpose of making
258 the identity of the licensee publicly available through
259 traditional media and the Internet. Such disclosure undermines
260 the purpose of carrying a concealed weapon or firearm and
261 subjects school personnel who desire to aid in the defense of
262 schools to annoyance and harassment in the conduct of this
263 important duty in their professional and private lives. Of
264 special concern is possible harassment from students, which
265 could have a negative impact on the student-staff relationship
266 and the learning environment. Therefore, the Legislature finds
267 that the harm to school children and former or active school
268 safety marshals which would result from the release of personal
269 identifying information of a former or active school safety
270 marshal outweighs any minimal public benefit derived from
271 disclosure to the public.
272 Section 3. This act shall take effect on the same date that
273 SB ____ or similar legislation takes effect, if such legislation
274 is adopted in the same legislative session or an extension
275 thereof and becomes a law.