Florida Senate - 2018 SB 268 By Senator Passidomo 28-00312-18 2018268__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 744.21031, F.S.; providing an exemption from public 4 records requirements for certain identifying and 5 location information of current or former public 6 guardians, public-guardian case managers, and the 7 spouses and children thereof; providing for 8 retroactive application; providing for future 9 legislative review and repeal of the exemption; 10 providing a statement of public necessity; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 744.21031, Florida Statutes, is created 16 to read: 17 744.21031 Public records exemption.—The home addresses, 18 telephone numbers, dates of birth, places of employment, and 19 photographs of current or former public guardians and public 20 guardian case managers; the names, home addresses, telephone 21 numbers, dates of birth, and places of employment of the spouses 22 and children of such persons; and the names and locations of 23 schools and day care facilities attended by the children of such 24 persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the 25 State Constitution. This exemption applies to information held 26 by an agency before, on, or after July 1, 2018. This section is 27 subject to the Open Government Sunset Review Act in accordance 28 with s. 119.15 and shall stand repealed on October 2, 2023, 29 unless reviewed and saved from repeal through reenactment by the 30 Legislature. 31 Section 2. (1) The Legislature finds that it is a public 32 necessity that the following identifying and location 33 information be exempt from s. 119.07(1), Florida Statutes, and 34 s. 24(a), Article I of the State Constitution: 35 (a) The home addresses, telephone numbers, dates of birth, 36 places of employment, and photographs of current or former 37 public guardians and public-guardian case managers; 38 (b) The names, home addresses, telephone numbers, dates of 39 birth, and places of employment of spouses and children of such 40 guardians and case managers; and 41 (c) The names and locations of schools and day care 42 facilities attended by the children of such guardians and case 43 managers. 44 (2) The Legislature finds that the release of such 45 identifying and location information might place current or 46 former public guardians and public-guardian case managers and 47 their family members in danger of physical and emotional harm 48 from disgruntled individuals who react inappropriately to 49 actions taken by the public guardians and public-guardian case 50 managers. Public guardians and public-guardian case managers 51 provide a valuable service to the community by helping some of 52 the state’s most vulnerable residents who lack the physical or 53 mental capacity to take care of most aspects of their own 54 personal affairs. Public guardians and public-guardian case 55 managers help those who lack a willing and qualified family 56 member or friend and do not have the income or assets to pay a 57 professional guardian. 58 (3) Despite the value of this service, however, some 59 persons, including a public guardian’s own wards, become 60 disgruntled with the assistance provided or the decisions a 61 public guardian or case manager makes, which can result in a 62 guardian or case manager or the guardian’s or case manager’s 63 family members becoming potential targets for an act of revenge. 64 Wards have harassed their public guardians with threats of 65 incarceration, violence, and death through voicemail messages 66 and social media. Wards have also left voicemail messages 67 threating to kill themselves and others, as well as the public 68 guardian. In the course of their duties, public guardians have 69 also been subject to being physically assaulted. 70 (4) After a public guardian or case manager concludes his 71 or her service, the risk continues because a disgruntled 72 individual may wait until then to commit an act of revenge. The 73 harm that may result from the release of a public guardian’s or 74 case manager’s personal identifying and location information 75 outweighs any public benefit that may be derived from the 76 disclosure of the information. 77 Section 2. This act shall take effect July 1, 2018.