Florida Senate - 2018 CS for CS for CS for SB 268 By the Committees on Rules; Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senator Passidomo 595-02746-18 2018268c3 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; requiring an 10 agency that is the custodian of certain information to 11 maintain the exempt status of that information only if 12 the current or former public guardians and employees 13 with fiduciary responsibility submit a written request 14 for maintenance of the exemption to the custodial 15 agency; providing for future legislative review and 16 repeal of the exemption; providing a statement of 17 public necessity; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 744.21031, Florida Statutes, is created 22 to read: 23 744.21031 Public records exemption.—The home addresses, 24 telephone numbers, dates of birth, places of employment, and 25 photographs of current or former public guardians and employees 26 with fiduciary responsibility; the names, home addresses, 27 telephone numbers, dates of birth, and places of employment of 28 the spouses and children of such persons; and the names and 29 locations of schools and day care facilities attended by the 30 children of such persons are exempt from s. 119.07(1) and s. 31 24(a), Art. I of the State Constitution. As used in this 32 section, the term “employee with fiduciary responsibility” means 33 an employee of a public guardian who has the ability to direct 34 any transactions of a ward’s funds, assets, or property; who 35 under the supervision of the guardian, manages the care of the 36 ward; or who makes any health care decision, as defined in s. 37 765.101, on behalf of the ward. This exemption applies to 38 information held by an agency before, on, or after July 1, 2018. 39 An agency that is the custodian of the information specified in 40 this section shall maintain the exempt status of that 41 information only if the current or former public guardians and 42 employees with fiduciary responsibility submit to the custodial 43 agency a written request for maintenance of the exemption. This 44 section is subject to the Open Government Sunset Review Act in 45 accordance with s. 119.15 and shall stand repealed on October 2, 46 2023, unless reviewed and saved from repeal through reenactment 47 by the Legislature. 48 Section 2. (1) The Legislature finds that it is a public 49 necessity that the following identifying and location 50 information be exempt from s. 119.07(1), Florida Statutes, and 51 s. 24(a), Article I of the State Constitution: 52 (a) The home addresses, telephone numbers, dates of birth, 53 places of employment, and photographs of current or former 54 public guardians and employees with fiduciary responsibility; 55 (b) The names, home addresses, telephone numbers, dates of 56 birth, and places of employment of spouses and children of such 57 guardians and employees with fiduciary responsibility; and 58 (c) The names and locations of schools and day care 59 facilities attended by the children of such guardians and 60 employees with fiduciary responsibility. 61 (2) The Legislature finds that the release of such 62 identifying and location information might place current or 63 former public guardians and employees with fiduciary 64 responsibility and their family members in danger of physical 65 and emotional harm from disgruntled individuals who react 66 inappropriately to actions taken by the public guardians and 67 employees with fiduciary responsibility. Public guardians and 68 employees with fiduciary responsibility provide a valuable 69 service to the community by helping some of the state’s most 70 vulnerable residents who lack the physical or mental capacity to 71 take care of most aspects of their own personal affairs. Public 72 guardians and employees with fiduciary responsibility help those 73 who lack a willing and qualified family member or friend and who 74 do not have the income or assets to pay a professional guardian. 75 (3) Despite the value of this service, however, some 76 persons, including a public guardian’s own wards, become 77 disgruntled with the assistance provided or the decisions a 78 public guardian or an employee with fiduciary responsibility 79 makes, which can result in a guardian or an employee with 80 fiduciary responsibility or the family members of the guardian 81 or the employee with fiduciary responsibility becoming potential 82 targets for an act of revenge. Wards have harassed their public 83 guardians with threats of incarceration, violence, and death 84 through voicemail messages and social media. Wards have also 85 left voicemail messages threatening to kill themselves and 86 others, as well as the public guardian. In the course of their 87 duties, public guardians have also been subject to being 88 physically assaulted. 89 (4) After a public guardian or an employee with fiduciary 90 responsibility concludes his or her service, the risk continues 91 because a disgruntled individual may wait until then to commit 92 an act of revenge. The harm that may result from the release of 93 a public guardian’s or an employee with fiduciary 94 responsibility’s personal identifying and location information 95 outweighs any public benefit that may be derived from the 96 disclosure of the information. 97 Section 3. This act shall take effect July 1, 2018.