Florida Senate - 2018                             CS for SB 1212
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Book
       
       
       
       
       586-02133-18                                          20181212c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for certain identifying and
    5         location information of current or former directors,
    6         managers, supervisors, and clinical employees of child
    7         advocacy centers that meet certain standards and
    8         requirements, members of a child protection team, and
    9         the spouses and children thereof; providing for
   10         retroactive application; providing for future
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing
   13         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. For purposes of this paragraph, the term “telephone
   23  numbers” includes home telephone numbers, personal cellular
   24  telephone numbers, personal pager telephone numbers, and
   25  telephone numbers associated with personal communications
   26  devices.
   27         2.a. The home addresses, telephone numbers, dates of birth,
   28  and photographs of active or former sworn or civilian law
   29  enforcement personnel, including correctional and correctional
   30  probation officers, personnel of the Department of Children and
   31  Families whose duties include the investigation of abuse,
   32  neglect, exploitation, fraud, theft, or other criminal
   33  activities, personnel of the Department of Health whose duties
   34  are to support the investigation of child abuse or neglect, and
   35  personnel of the Department of Revenue or local governments
   36  whose responsibilities include revenue collection and
   37  enforcement or child support enforcement; the names, home
   38  addresses, telephone numbers, photographs, dates of birth, and
   39  places of employment of the spouses and children of such
   40  personnel; and the names and locations of schools and day care
   41  facilities attended by the children of such personnel are exempt
   42  from s. 119.07(1) and s. 24(a), Art. I of the State
   43  Constitution. This sub-subparagraph is subject to the Open
   44  Government Sunset Review Act in accordance with s. 119.15 and
   45  shall stand repealed on October 2, 2022, unless reviewed and
   46  saved from repeal through reenactment by the Legislature.
   47         b. The home addresses, telephone numbers, dates of birth,
   48  and photographs of current or former nonsworn investigative
   49  personnel of the Department of Financial Services whose duties
   50  include the investigation of fraud, theft, workers’ compensation
   51  coverage requirements and compliance, other related criminal
   52  activities, or state regulatory requirement violations; the
   53  names, home addresses, telephone numbers, dates of birth, and
   54  places of employment of the spouses and children of such
   55  personnel; and the names and locations of schools and day care
   56  facilities attended by the children of such personnel are exempt
   57  from s. 119.07(1) and s. 24(a), Art. I of the State
   58  Constitution. This sub-subparagraph is subject to the Open
   59  Government Sunset Review Act in accordance with s. 119.15 and
   60  shall stand repealed on October 2, 2021, unless reviewed and
   61  saved from repeal through reenactment by the Legislature.
   62         c. The home addresses, telephone numbers, dates of birth,
   63  and photographs of current or former nonsworn investigative
   64  personnel of the Office of Financial Regulation’s Bureau of
   65  Financial Investigations whose duties include the investigation
   66  of fraud, theft, other related criminal activities, or state
   67  regulatory requirement violations; the names, home addresses,
   68  telephone numbers, dates of birth, and places of employment of
   69  the spouses and children of such personnel; and the names and
   70  locations of schools and day care facilities attended by the
   71  children of such personnel are exempt from s. 119.07(1) and s.
   72  24(a), Art. I of the State Constitution. This sub-subparagraph
   73  is subject to the Open Government Sunset Review Act in
   74  accordance with s. 119.15 and shall stand repealed on October 2,
   75  2022, unless reviewed and saved from repeal through reenactment
   76  by the Legislature.
   77         d. The home addresses, telephone numbers, dates of birth,
   78  and photographs of current or former firefighters certified in
   79  compliance with s. 633.408; the names, home addresses, telephone
   80  numbers, photographs, dates of birth, and places of employment
   81  of the spouses and children of such firefighters; and the names
   82  and locations of schools and day care facilities attended by the
   83  children of such firefighters are exempt from s. 119.07(1) and
   84  s. 24(a), Art. I of the State Constitution. This sub
   85  subparagraph is subject to the Open Government Sunset Review Act
   86  in accordance with s. 119.15, and shall stand repealed on
   87  October 2, 2022, unless reviewed and saved from repeal through
   88  reenactment by the Legislature.
   89         e. The home addresses, dates of birth, and telephone
   90  numbers of current or former justices of the Supreme Court,
   91  district court of appeal judges, circuit court judges, and
   92  county court judges; the names, home addresses, telephone
   93  numbers, dates of birth, and places of employment of the spouses
   94  and children of current or former justices and judges; and the
   95  names and locations of schools and day care facilities attended
   96  by the children of current or former justices and judges are
   97  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   98  Constitution. This sub-subparagraph is subject to the Open
   99  Government Sunset Review Act in accordance with s. 119.15 and
  100  shall stand repealed on October 2, 2022, unless reviewed and
  101  saved from repeal through reenactment by the Legislature.
  102         f. The home addresses, telephone numbers, dates of birth,
  103  and photographs of current or former state attorneys, assistant
  104  state attorneys, statewide prosecutors, or assistant statewide
  105  prosecutors; the names, home addresses, telephone numbers,
  106  photographs, dates of birth, and places of employment of the
  107  spouses and children of current or former state attorneys,
  108  assistant state attorneys, statewide prosecutors, or assistant
  109  statewide prosecutors; and the names and locations of schools
  110  and day care facilities attended by the children of current or
  111  former state attorneys, assistant state attorneys, statewide
  112  prosecutors, or assistant statewide prosecutors are exempt from
  113  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  114         g. The home addresses, dates of birth, and telephone
  115  numbers of general magistrates, special magistrates, judges of
  116  compensation claims, administrative law judges of the Division
  117  of Administrative Hearings, and child support enforcement
  118  hearing officers; the names, home addresses, telephone numbers,
  119  dates of birth, and places of employment of the spouses and
  120  children of general magistrates, special magistrates, judges of
  121  compensation claims, administrative law judges of the Division
  122  of Administrative Hearings, and child support enforcement
  123  hearing officers; and the names and locations of schools and day
  124  care facilities attended by the children of general magistrates,
  125  special magistrates, judges of compensation claims,
  126  administrative law judges of the Division of Administrative
  127  Hearings, and child support enforcement hearing officers are
  128  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  129  Constitution. This sub-subparagraph is subject to the Open
  130  Government Sunset Review Act in accordance with s. 119.15 and
  131  shall stand repealed on October 2, 2022, unless reviewed and
  132  saved from repeal through reenactment by the Legislature.
  133         h. The home addresses, telephone numbers, dates of birth,
  134  and photographs of current or former human resource, labor
  135  relations, or employee relations directors, assistant directors,
  136  managers, or assistant managers of any local government agency
  137  or water management district whose duties include hiring and
  138  firing employees, labor contract negotiation, administration, or
  139  other personnel-related duties; the names, home addresses,
  140  telephone numbers, dates of birth, and places of employment of
  141  the spouses and children of such personnel; and the names and
  142  locations of schools and day care facilities attended by the
  143  children of such personnel are exempt from s. 119.07(1) and s.
  144  24(a), Art. I of the State Constitution.
  145         i. The home addresses, telephone numbers, dates of birth,
  146  and photographs of current or former code enforcement officers;
  147  the names, home addresses, telephone numbers, dates of birth,
  148  and places of employment of the spouses and children of such
  149  personnel; and the names and locations of schools and day care
  150  facilities attended by the children of such personnel are exempt
  151  from s. 119.07(1) and s. 24(a), Art. I of the State
  152  Constitution.
  153         j. The home addresses, telephone numbers, places of
  154  employment, dates of birth, and photographs of current or former
  155  guardians ad litem, as defined in s. 39.820; the names, home
  156  addresses, telephone numbers, dates of birth, and places of
  157  employment of the spouses and children of such persons; and the
  158  names and locations of schools and day care facilities attended
  159  by the children of such persons are exempt from s. 119.07(1) and
  160  s. 24(a), Art. I of the State Constitution. This sub
  161  subparagraph is subject to the Open Government Sunset Review Act
  162  in accordance with s. 119.15 and shall stand repealed on October
  163  2, 2022, unless reviewed and saved from repeal through
  164  reenactment by the Legislature.
  165         k. The home addresses, telephone numbers, dates of birth,
  166  and photographs of current or former juvenile probation
  167  officers, juvenile probation supervisors, detention
  168  superintendents, assistant detention superintendents, juvenile
  169  justice detention officers I and II, juvenile justice detention
  170  officer supervisors, juvenile justice residential officers,
  171  juvenile justice residential officer supervisors I and II,
  172  juvenile justice counselors, juvenile justice counselor
  173  supervisors, human services counselor administrators, senior
  174  human services counselor administrators, rehabilitation
  175  therapists, and social services counselors of the Department of
  176  Juvenile Justice; the names, home addresses, telephone numbers,
  177  dates of birth, and places of employment of spouses and children
  178  of such personnel; and the names and locations of schools and
  179  day care facilities attended by the children of such personnel
  180  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  181  Constitution.
  182         l. The home addresses, telephone numbers, dates of birth,
  183  and photographs of current or former public defenders, assistant
  184  public defenders, criminal conflict and civil regional counsel,
  185  and assistant criminal conflict and civil regional counsel; the
  186  names, home addresses, telephone numbers, dates of birth, and
  187  places of employment of the spouses and children of such
  188  defenders or counsel; and the names and locations of schools and
  189  day care facilities attended by the children of such defenders
  190  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  191  the State Constitution.
  192         m. The home addresses, telephone numbers, dates of birth,
  193  and photographs of current or former investigators or inspectors
  194  of the Department of Business and Professional Regulation; the
  195  names, home addresses, telephone numbers, dates of birth, and
  196  places of employment of the spouses and children of such current
  197  or former investigators and inspectors; and the names and
  198  locations of schools and day care facilities attended by the
  199  children of such current or former investigators and inspectors
  200  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  201  Constitution. This sub-subparagraph is subject to the Open
  202  Government Sunset Review Act in accordance with s. 119.15 and
  203  shall stand repealed on October 2, 2022, unless reviewed and
  204  saved from repeal through reenactment by the Legislature.
  205         n. The home addresses, telephone numbers, and dates of
  206  birth of county tax collectors; the names, home addresses,
  207  telephone numbers, dates of birth, and places of employment of
  208  the spouses and children of such tax collectors; and the names
  209  and locations of schools and day care facilities attended by the
  210  children of such tax collectors are exempt from s. 119.07(1) and
  211  s. 24(a), Art. I of the State Constitution. This sub
  212  subparagraph is subject to the Open Government Sunset Review Act
  213  in accordance with s. 119.15 and shall stand repealed on October
  214  2, 2022, unless reviewed and saved from repeal through
  215  reenactment by the Legislature.
  216         o. The home addresses, telephone numbers, dates of birth,
  217  and photographs of current or former personnel of the Department
  218  of Health whose duties include, or result in, the determination
  219  or adjudication of eligibility for social security disability
  220  benefits, the investigation or prosecution of complaints filed
  221  against health care practitioners, or the inspection of health
  222  care practitioners or health care facilities licensed by the
  223  Department of Health; the names, home addresses, telephone
  224  numbers, dates of birth, and places of employment of the spouses
  225  and children of such personnel; and the names and locations of
  226  schools and day care facilities attended by the children of such
  227  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  228  the State Constitution. This sub-subparagraph is subject to the
  229  Open Government Sunset Review Act in accordance with s. 119.15
  230  and shall stand repealed on October 2, 2019, unless reviewed and
  231  saved from repeal through reenactment by the Legislature.
  232         p. The home addresses, telephone numbers, dates of birth,
  233  and photographs of current or former impaired practitioner
  234  consultants who are retained by an agency or current or former
  235  employees of an impaired practitioner consultant whose duties
  236  result in a determination of a person’s skill and safety to
  237  practice a licensed profession; the names, home addresses,
  238  telephone numbers, dates of birth, and places of employment of
  239  the spouses and children of such consultants or their employees;
  240  and the names and locations of schools and day care facilities
  241  attended by the children of such consultants or employees are
  242  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  243  Constitution. This sub-subparagraph is subject to the Open
  244  Government Sunset Review Act in accordance with s. 119.15 and
  245  shall stand repealed on October 2, 2020, unless reviewed and
  246  saved from repeal through reenactment by the Legislature.
  247         q. The home addresses, telephone numbers, dates of birth,
  248  and photographs of current or former emergency medical
  249  technicians or paramedics certified under chapter 401; the
  250  names, home addresses, telephone numbers, dates of birth, and
  251  places of employment of the spouses and children of such
  252  emergency medical technicians or paramedics; and the names and
  253  locations of schools and day care facilities attended by the
  254  children of such emergency medical technicians or paramedics are
  255  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  256  Constitution. This sub-subparagraph is subject to the Open
  257  Government Sunset Review Act in accordance with s. 119.15 and
  258  shall stand repealed on October 2, 2021, unless reviewed and
  259  saved from repeal through reenactment by the Legislature.
  260         r. The home addresses, telephone numbers, dates of birth,
  261  and photographs of current or former personnel employed in an
  262  agency’s office of inspector general or internal audit
  263  department whose duties include auditing or investigating waste,
  264  fraud, abuse, theft, exploitation, or other activities that
  265  could lead to criminal prosecution or administrative discipline;
  266  the names, home addresses, telephone numbers, dates of birth,
  267  and places of employment of spouses and children of such
  268  personnel; and the names and locations of schools and day care
  269  facilities attended by the children of such personnel are exempt
  270  from s. 119.07(1) and s. 24(a), Art. I of the State
  271  Constitution. This sub-subparagraph is subject to the Open
  272  Government Sunset Review Act in accordance with s. 119.15 and
  273  shall stand repealed on October 2, 2021, unless reviewed and
  274  saved from repeal through reenactment by the Legislature.
  275         s. The home addresses, telephone numbers, dates of birth,
  276  and photographs of current or former directors, managers,
  277  supervisors, and clinical employees of a child advocacy center
  278  that meets the standards of s. 39.3035(1) and fulfills the
  279  screening requirement of s. 39.3035(2), and the members of a
  280  child protection team as described in s. 39.303 whose duties
  281  include supporting the investigation of child abuse or sexual
  282  abuse, child abandonment, child neglect, and child exploitation
  283  or to provide services as part of a multidisciplinary case
  284  review team; the names, home addresses, telephone numbers,
  285  photographs, dates of birth, and places of employment of the
  286  spouses and children of such personnel and members; and the
  287  names and locations of schools and day care facilities attended
  288  by the children of such personnel and members are exempt from s.
  289  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  290  sub-subparagraph is subject to the Open Government Sunset Review
  291  Act in accordance with s. 119.15 and shall stand repealed on
  292  October 2, 2023, unless reviewed and saved from repeal through
  293  reenactment by the Legislature.
  294         3. An agency that is the custodian of the information
  295  specified in subparagraph 2. and that is not the employer of the
  296  officer, employee, justice, judge, or other person specified in
  297  subparagraph 2. shall maintain the exempt status of that
  298  information only if the officer, employee, justice, judge, other
  299  person, or employing agency of the designated employee submits a
  300  written request for maintenance of the exemption to the
  301  custodial agency.
  302         4. The exemptions in this paragraph apply to information
  303  held by an agency before, on, or after the effective date of the
  304  exemption.
  305         Section 2. (1) The Legislature finds that it is a public
  306  necessity that the following identifying and location
  307  information be exempt from s. 119.07(1), Florida Statutes, and
  308  s. 24(a), Article I of the State Constitution:
  309         (a)The home addresses, telephone numbers, dates of birth,
  310  and photographs of current or former directors, managers,
  311  supervisors, and clinical employees of a child advocacy center
  312  that meets the standards of s. 39.3035(1), Florida Statutes, and
  313  fulfills the screening requirement of s. 39.3035(2), Florida
  314  Statutes.
  315         (b) The home addresses, telephone numbers, dates of birth,
  316  and photographs of current or former members of a child
  317  protection team as described in s. 39.303, Florida Statutes,
  318  whose duties include supporting the investigation of child
  319  abuse, or sexual abuse, child abandonment, child neglect, or
  320  child exploitation or to provide services as part of a
  321  multidisciplinary case review team.
  322         (c) The names, home addresses, telephone numbers,
  323  photographs, dates of birth, and places of employment of the
  324  spouses and children of personnel and members identified in
  325  paragraphs (a) and (b).
  326         (d) The names and locations of schools and day care
  327  facilities attended by the children of such personnel and
  328  members.
  329         (2)The Legislature finds that the release of such
  330  identifying and location information may place current or former
  331  directors, managers, supervisors, and clinical employees of a
  332  child advocacy center that meets the standards of s. 39.3035(1),
  333  Florida Statutes, and fulfills the screening requirement of s.
  334  39.3035(2), Florida Statutes, and the members of a child
  335  protection team as described in s. 39.303, Florida Statutes,
  336  whose duties include supporting the investigation of child
  337  abuse, or sexual abuse, child abandonment, child neglect, or
  338  child exploitation or to provide services as part of a
  339  multidisciplinary case review team, and the family members of
  340  such personnel, in danger of physical and emotional harm from
  341  hostile persons who may react inappropriately and violently to
  342  actions taken by such directors, managers, supervisors, or
  343  clinical employees of a child advocacy center or a member of a
  344  child protection team. These personnel and members provide
  345  services that are necessary and appropriate for abused,
  346  abandoned, neglected, and exploited children. In addition, these
  347  personnel and members provide valuable and supportive services
  348  to the state’s most vulnerable residents. Despite the value of
  349  such services, some persons may become hostile toward these
  350  personnel and members and may pose a threat to them
  351  indefinitely. The harm that may result from the release of such
  352  personal identifying and location information outweighs any
  353  public benefit that may be derived from the disclosure of the
  354  information.
  355         Section 3. This act shall take effect July 1, 2018.