Florida Senate - 2018 CS for CS for SB 268 By the Committees on Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senator Passidomo 585-02142-18 2018268c2 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, employees with fiduciary responsibility, 7 and the spouses and children thereof; defining the 8 term “employee with fiduciary responsibility”; 9 providing for retroactive application; providing for 10 future legislative review and repeal of the exemption; 11 providing a statement of public necessity; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 744.21031, Florida Statutes, is created 17 to read: 18 744.21031 Public records exemption.—The home addresses, 19 telephone numbers, dates of birth, places of employment, and 20 photographs of current or former public guardians and employees 21 with fiduciary responsibility; the names, home addresses, 22 telephone numbers, dates of birth, and places of employment of 23 the spouses and children of such persons; and the names and 24 locations of schools and day care facilities attended by the 25 children of such persons are exempt from s. 119.07(1) and s. 26 24(a), Art. I of the State Constitution. As used in this 27 section, the term “employee with fiduciary responsibility” means 28 an employee of a public guardian who has the ability to direct 29 any withdrawals or investments made from a ward’s banking or 30 investment accounts; who, under the supervision of the guardian, 31 supervises the care of the ward; or who makes any health care 32 decision, as defined in s. 765.101, on behalf of the ward. This 33 exemption applies to information held by an agency before, on, 34 or after July 1, 2018. This section is subject to the Open 35 Government Sunset Review Act in accordance with s. 119.15 and 36 shall stand repealed on October 2, 2023, unless reviewed and 37 saved from repeal through reenactment by the Legislature. 38 Section 2. (1) The Legislature finds that it is a public 39 necessity that the following identifying and location 40 information be exempt from s. 119.07(1), Florida Statutes, and 41 s. 24(a), Article I of the State Constitution: 42 (a) The home addresses, telephone numbers, dates of birth, 43 places of employment, and photographs of current or former 44 public guardians and employees with fiduciary responsibility; 45 (b) The names, home addresses, telephone numbers, dates of 46 birth, and places of employment of spouses and children of such 47 guardians and employees with fiduciary responsibility; and 48 (c) The names and locations of schools and day care 49 facilities attended by the children of such guardians and 50 employees with fiduciary responsibility. 51 (2) The Legislature finds that the release of such 52 identifying and location information might place current or 53 former public guardians and employees with fiduciary 54 responsibility and their family members in danger of physical 55 and emotional harm from disgruntled individuals who react 56 inappropriately to actions taken by the public guardians and 57 employees with fiduciary responsibility. Public guardians and 58 employees with fiduciary responsibility provide a valuable 59 service to the community by helping some of the state’s most 60 vulnerable residents who lack the physical or mental capacity to 61 take care of most aspects of their own personal affairs. Public 62 guardians and employees with fiduciary responsibility help those 63 who lack a willing and qualified family member or friend and do 64 not have the income or assets to pay a professional guardian. 65 (3) Despite the value of this service, however, some 66 persons, including a public guardian’s own wards, become 67 disgruntled with the assistance provided or the decisions a 68 public guardian or an employee with fiduciary responsibility 69 makes, which can result in a guardian or an employee with 70 fiduciary responsibility or the family members of the guardian 71 or the employee with fiduciary responsibility becoming potential 72 targets for an act of revenge. Wards have harassed their public 73 guardians with threats of incarceration, violence, and death 74 through voicemail messages and social media. Wards have also 75 left voicemail messages threating to kill themselves and others, 76 as well as the public guardian. In the course of their duties, 77 public guardians have also been subject to being physically 78 assaulted. 79 (4) After a public guardian or an employee with fiduciary 80 responsibility concludes his or her service, the risk continues 81 because a disgruntled individual may wait until then to commit 82 an act of revenge. The harm that may result from the release of 83 a public guardian’s or an employee with fiduciary 84 responsibility’s personal identifying and location information 85 outweighs any public benefit that may be derived from the 86 disclosure of the information. 87 Section 3. This act shall take effect July 1, 2018.