Florida Senate - 2019                       CS for CS for SB 248
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senators Hooper, Baxley, Simpson, and
       Perry
       
       
       
       585-02749-19                                           2019248c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding exemptions from public
    4         records requirements for agency personnel information
    5         by defining the term “home addresses” for purposes of
    6         public records exemptions for personal identifying and
    7         location information of certain agency personnel and
    8         their family members; exempting personal identifying
    9         and location information of active or former civilian
   10         personnel employed by a law enforcement agency, and of
   11         spouses and children of such personnel, from public
   12         records requirements; authorizing certain persons to
   13         request the release of exempt information in a
   14         specified manner; requiring a custodial agency to
   15         release such information upon receipt of such a
   16         request; providing for retroactive application;
   17         providing for legislative review and repeal of the
   18         exemptions; providing statements of public necessity;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (d) of subsection (4) of section
   24  119.071, Florida Statutes, is amended to read:
   25         119.071 General exemptions from inspection or copying of
   26  public records.—
   27         (4) AGENCY PERSONNEL INFORMATION.—
   28         (d)1. For purposes of this paragraph, the term:
   29         a. “Home addresses” means the dwelling location at which an
   30  individual resides and includes the physical address, mailing
   31  address, street address, parcel identification number, plot
   32  identification number, legal property description, neighborhood
   33  name and lot number, GPS coordinates, and any other descriptive
   34  property information that may reveal the home address.
   35         b. “Telephone numbers” includes home telephone numbers,
   36  personal cellular telephone numbers, personal pager telephone
   37  numbers, and telephone numbers associated with personal
   38  communications devices.
   39         2.a. The home addresses, telephone numbers, dates of birth,
   40  and photographs of active or former sworn or civilian law
   41  enforcement personnel or of active or former civilian personnel
   42  employed by a law enforcement agency, including correctional and
   43  correctional probation officers, personnel of the Department of
   44  Children and Families whose duties include the investigation of
   45  abuse, neglect, exploitation, fraud, theft, or other criminal
   46  activities, personnel of the Department of Health whose duties
   47  are to support the investigation of child abuse or neglect, and
   48  personnel of the Department of Revenue or local governments
   49  whose responsibilities include revenue collection and
   50  enforcement or child support enforcement; the names, home
   51  addresses, telephone numbers, photographs, dates of birth, and
   52  places of employment of the spouses and children of such
   53  personnel; and the names and locations of schools and day care
   54  facilities attended by the children of such personnel are exempt
   55  from s. 119.07(1) and s. 24(a), Art. I of the State
   56  Constitution. This sub-subparagraph is subject to the Open
   57  Government Sunset Review Act in accordance with s. 119.15 and
   58  shall stand repealed on October 2, 2022, unless reviewed and
   59  saved from repeal through reenactment by the Legislature.
   60         b. The home addresses, telephone numbers, dates of birth,
   61  and photographs of current or former nonsworn investigative
   62  personnel of the Department of Financial Services whose duties
   63  include the investigation of fraud, theft, workers’ compensation
   64  coverage requirements and compliance, other related criminal
   65  activities, or state regulatory requirement violations; the
   66  names, home addresses, telephone numbers, dates of birth, and
   67  places of employment of the spouses and children of such
   68  personnel; and the names and locations of schools and day care
   69  facilities attended by the children of such personnel are exempt
   70  from s. 119.07(1) and s. 24(a), Art. I of the State
   71  Constitution. This sub-subparagraph is subject to the Open
   72  Government Sunset Review Act in accordance with s. 119.15 and
   73  shall stand repealed on October 2, 2021, unless reviewed and
   74  saved from repeal through reenactment by the Legislature.
   75         c. The home addresses, telephone numbers, dates of birth,
   76  and photographs of current or former nonsworn investigative
   77  personnel of the Office of Financial Regulation’s Bureau of
   78  Financial Investigations whose duties include the investigation
   79  of fraud, theft, other related criminal activities, or state
   80  regulatory requirement violations; the names, home addresses,
   81  telephone numbers, dates of birth, and places of employment of
   82  the spouses and children of such personnel; and the names and
   83  locations of schools and day care facilities attended by the
   84  children of such personnel are exempt from s. 119.07(1) and s.
   85  24(a), Art. I of the State Constitution. This sub-subparagraph
   86  is subject to the Open Government Sunset Review Act in
   87  accordance with s. 119.15 and shall stand repealed on October 2,
   88  2022, unless reviewed and saved from repeal through reenactment
   89  by the Legislature.
   90         d. The home addresses, telephone numbers, dates of birth,
   91  and photographs of current or former firefighters certified in
   92  compliance with s. 633.408; the names, home addresses, telephone
   93  numbers, photographs, dates of birth, and places of employment
   94  of the spouses and children of such firefighters; and the names
   95  and locations of schools and day care facilities attended by the
   96  children of such firefighters are exempt from s. 119.07(1) and
   97  s. 24(a), Art. I of the State Constitution. This sub
   98  subparagraph is subject to the Open Government Sunset Review Act
   99  in accordance with s. 119.15, and shall stand repealed on
  100  October 2, 2022, unless reviewed and saved from repeal through
  101  reenactment by the Legislature.
  102         e. The home addresses, dates of birth, and telephone
  103  numbers of current or former justices of the Supreme Court,
  104  district court of appeal judges, circuit court judges, and
  105  county court judges; the names, home addresses, telephone
  106  numbers, dates of birth, and places of employment of the spouses
  107  and children of current or former justices and judges; and the
  108  names and locations of schools and day care facilities attended
  109  by the children of current or former justices and judges are
  110  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  111  Constitution. This sub-subparagraph is subject to the Open
  112  Government Sunset Review Act in accordance with s. 119.15 and
  113  shall stand repealed on October 2, 2022, unless reviewed and
  114  saved from repeal through reenactment by the Legislature.
  115         f. The home addresses, telephone numbers, dates of birth,
  116  and photographs of current or former state attorneys, assistant
  117  state attorneys, statewide prosecutors, or assistant statewide
  118  prosecutors; the names, home addresses, telephone numbers,
  119  photographs, dates of birth, and places of employment of the
  120  spouses and children of current or former state attorneys,
  121  assistant state attorneys, statewide prosecutors, or assistant
  122  statewide prosecutors; and the names and locations of schools
  123  and day care facilities attended by the children of current or
  124  former state attorneys, assistant state attorneys, statewide
  125  prosecutors, or assistant statewide prosecutors are exempt from
  126  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  127         g. The home addresses, dates of birth, and telephone
  128  numbers of general magistrates, special magistrates, judges of
  129  compensation claims, administrative law judges of the Division
  130  of Administrative Hearings, and child support enforcement
  131  hearing officers; the names, home addresses, telephone numbers,
  132  dates of birth, and places of employment of the spouses and
  133  children of general magistrates, special magistrates, judges of
  134  compensation claims, administrative law judges of the Division
  135  of Administrative Hearings, and child support enforcement
  136  hearing officers; and the names and locations of schools and day
  137  care facilities attended by the children of general magistrates,
  138  special magistrates, judges of compensation claims,
  139  administrative law judges of the Division of Administrative
  140  Hearings, and child support enforcement hearing officers are
  141  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  142  Constitution. This sub-subparagraph is subject to the Open
  143  Government Sunset Review Act in accordance with s. 119.15 and
  144  shall stand repealed on October 2, 2022, unless reviewed and
  145  saved from repeal through reenactment by the Legislature.
  146         h. The home addresses, telephone numbers, dates of birth,
  147  and photographs of current or former human resource, labor
  148  relations, or employee relations directors, assistant directors,
  149  managers, or assistant managers of any local government agency
  150  or water management district whose duties include hiring and
  151  firing employees, labor contract negotiation, administration, or
  152  other personnel-related duties; the names, home addresses,
  153  telephone numbers, dates of birth, and places of employment of
  154  the spouses and children of such personnel; and the names and
  155  locations of schools and day care facilities attended by the
  156  children of such personnel are exempt from s. 119.07(1) and s.
  157  24(a), Art. I of the State Constitution.
  158         i. The home addresses, telephone numbers, dates of birth,
  159  and photographs of current or former code enforcement officers;
  160  the names, home addresses, telephone numbers, dates of birth,
  161  and places of employment of the spouses and children of such
  162  personnel; and the names and locations of schools and day care
  163  facilities attended by the children of such personnel are exempt
  164  from s. 119.07(1) and s. 24(a), Art. I of the State
  165  Constitution.
  166         j. The home addresses, telephone numbers, places of
  167  employment, dates of birth, and photographs of current or former
  168  guardians ad litem, as defined in s. 39.820; the names, home
  169  addresses, telephone numbers, dates of birth, and places of
  170  employment of the spouses and children of such persons; and the
  171  names and locations of schools and day care facilities attended
  172  by the children of such persons are exempt from s. 119.07(1) and
  173  s. 24(a), Art. I of the State Constitution. This sub
  174  subparagraph is subject to the Open Government Sunset Review Act
  175  in accordance with s. 119.15 and shall stand repealed on October
  176  2, 2022, unless reviewed and saved from repeal through
  177  reenactment by the Legislature.
  178         k. The home addresses, telephone numbers, dates of birth,
  179  and photographs of current or former juvenile probation
  180  officers, juvenile probation supervisors, detention
  181  superintendents, assistant detention superintendents, juvenile
  182  justice detention officers I and II, juvenile justice detention
  183  officer supervisors, juvenile justice residential officers,
  184  juvenile justice residential officer supervisors I and II,
  185  juvenile justice counselors, juvenile justice counselor
  186  supervisors, human services counselor administrators, senior
  187  human services counselor administrators, rehabilitation
  188  therapists, and social services counselors of the Department of
  189  Juvenile Justice; the names, home addresses, telephone numbers,
  190  dates of birth, and places of employment of spouses and children
  191  of such personnel; and the names and locations of schools and
  192  day care facilities attended by the children of such personnel
  193  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  194  Constitution.
  195         l. The home addresses, telephone numbers, dates of birth,
  196  and photographs of current or former public defenders, assistant
  197  public defenders, criminal conflict and civil regional counsel,
  198  and assistant criminal conflict and civil regional counsel; the
  199  names, home addresses, telephone numbers, dates of birth, and
  200  places of employment of the spouses and children of current or
  201  former public defenders, assistant public defenders, criminal
  202  conflict and civil regional counsel, and assistant criminal
  203  conflict and civil regional counsel; and the names and locations
  204  of schools and day care facilities attended by the children of
  205  current or former public defenders, assistant public defenders,
  206  criminal conflict and civil regional counsel, and assistant
  207  criminal conflict and civil regional counsel are exempt from s.
  208  119.07(1) and s. 24(a), Art. I of the State Constitution.
  209         m. The home addresses, telephone numbers, dates of birth,
  210  and photographs of current or former investigators or inspectors
  211  of the Department of Business and Professional Regulation; the
  212  names, home addresses, telephone numbers, dates of birth, and
  213  places of employment of the spouses and children of such current
  214  or former investigators and inspectors; and the names and
  215  locations of schools and day care facilities attended by the
  216  children of such current or former investigators and inspectors
  217  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  218  Constitution. This sub-subparagraph is subject to the Open
  219  Government Sunset Review Act in accordance with s. 119.15 and
  220  shall stand repealed on October 2, 2022, unless reviewed and
  221  saved from repeal through reenactment by the Legislature.
  222         n. The home addresses, telephone numbers, and dates of
  223  birth of county tax collectors; the names, home addresses,
  224  telephone numbers, dates of birth, and places of employment of
  225  the spouses and children of such tax collectors; and the names
  226  and locations of schools and day care facilities attended by the
  227  children of such tax collectors are exempt from s. 119.07(1) and
  228  s. 24(a), Art. I of the State Constitution. This sub
  229  subparagraph is subject to the Open Government Sunset Review Act
  230  in accordance with s. 119.15 and shall stand repealed on October
  231  2, 2022, unless reviewed and saved from repeal through
  232  reenactment by the Legislature.
  233         o. The home addresses, telephone numbers, dates of birth,
  234  and photographs of current or former personnel of the Department
  235  of Health whose duties include, or result in, the determination
  236  or adjudication of eligibility for social security disability
  237  benefits, the investigation or prosecution of complaints filed
  238  against health care practitioners, or the inspection of health
  239  care practitioners or health care facilities licensed by the
  240  Department of Health; the names, home addresses, telephone
  241  numbers, dates of birth, and places of employment of the spouses
  242  and children of such personnel; and the names and locations of
  243  schools and day care facilities attended by the children of such
  244  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  245  the State Constitution. This sub-subparagraph is subject to the
  246  Open Government Sunset Review Act in accordance with s. 119.15
  247  and shall stand repealed on October 2, 2019, unless reviewed and
  248  saved from repeal through reenactment by the Legislature.
  249         p. The home addresses, telephone numbers, dates of birth,
  250  and photographs of current or former impaired practitioner
  251  consultants who are retained by an agency or current or former
  252  employees of an impaired practitioner consultant whose duties
  253  result in a determination of a person’s skill and safety to
  254  practice a licensed profession; the names, home addresses,
  255  telephone numbers, dates of birth, and places of employment of
  256  the spouses and children of such consultants or their employees;
  257  and the names and locations of schools and day care facilities
  258  attended by the children of such consultants or employees are
  259  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  260  Constitution. This sub-subparagraph is subject to the Open
  261  Government Sunset Review Act in accordance with s. 119.15 and
  262  shall stand repealed on October 2, 2020, unless reviewed and
  263  saved from repeal through reenactment by the Legislature.
  264         q. The home addresses, telephone numbers, dates of birth,
  265  and photographs of current or former emergency medical
  266  technicians or paramedics certified under chapter 401; the
  267  names, home addresses, telephone numbers, dates of birth, and
  268  places of employment of the spouses and children of such
  269  emergency medical technicians or paramedics; and the names and
  270  locations of schools and day care facilities attended by the
  271  children of such emergency medical technicians or paramedics are
  272  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  273  Constitution. This sub-subparagraph is subject to the Open
  274  Government Sunset Review Act in accordance with s. 119.15 and
  275  shall stand repealed on October 2, 2021, unless reviewed and
  276  saved from repeal through reenactment by the Legislature.
  277         r. The home addresses, telephone numbers, dates of birth,
  278  and photographs of current or former personnel employed in an
  279  agency’s office of inspector general or internal audit
  280  department whose duties include auditing or investigating waste,
  281  fraud, abuse, theft, exploitation, or other activities that
  282  could lead to criminal prosecution or administrative discipline;
  283  the names, home addresses, telephone numbers, dates of birth,
  284  and places of employment of spouses and children of such
  285  personnel; and the names and locations of schools and day care
  286  facilities attended by the children of such personnel are exempt
  287  from s. 119.07(1) and s. 24(a), Art. I of the State
  288  Constitution. This sub-subparagraph is subject to the Open
  289  Government Sunset Review Act in accordance with s. 119.15 and
  290  shall stand repealed on October 2, 2021, unless reviewed and
  291  saved from repeal through reenactment by the Legislature.
  292         s. The home addresses, telephone numbers, dates of birth,
  293  and photographs of current or former directors, managers,
  294  supervisors, nurses, and clinical employees of an addiction
  295  treatment facility; the home addresses, telephone numbers,
  296  photographs, dates of birth, and places of employment of the
  297  spouses and children of such personnel; and the names and
  298  locations of schools and day care facilities attended by the
  299  children of such personnel are exempt from s. 119.07(1) and s.
  300  24(a), Art. I of the State Constitution. For purposes of this
  301  sub-subparagraph, the term “addiction treatment facility” means
  302  a county government, or agency thereof, that is licensed
  303  pursuant to s. 397.401 and provides substance abuse prevention,
  304  intervention, or clinical treatment, including any licensed
  305  service component described in s. 397.311(26). This sub
  306  subparagraph is subject to the Open Government Sunset Review Act
  307  in accordance with s. 119.15 and shall stand repealed on October
  308  2, 2023, unless reviewed and saved from repeal through
  309  reenactment by the Legislature.
  310         t. The home addresses, telephone numbers, dates of birth,
  311  and photographs of current or former directors, managers,
  312  supervisors, and clinical employees of a child advocacy center
  313  that meets the standards of s. 39.3035(1) and fulfills the
  314  screening requirement of s. 39.3035(2), and the members of a
  315  child protection team as described in s. 39.303 whose duties
  316  include supporting the investigation of child abuse or sexual
  317  abuse, child abandonment, child neglect, and child exploitation
  318  or to provide services as part of a multidisciplinary case
  319  review team; the names, home addresses, telephone numbers,
  320  photographs, dates of birth, and places of employment of the
  321  spouses and children of such personnel and members; and the
  322  names and locations of schools and day care facilities attended
  323  by the children of such personnel and members are exempt from s.
  324  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  325  sub-subparagraph is subject to the Open Government Sunset Review
  326  Act in accordance with s. 119.15 and shall stand repealed on
  327  October 2, 2023, unless reviewed and saved from repeal through
  328  reenactment by the Legislature.
  329         3. An agency that is the custodian of the information
  330  specified in subparagraph 2. and that is not the employer of the
  331  officer, employee, justice, judge, or other person specified in
  332  subparagraph 2. shall maintain the exempt status of that
  333  information only if the officer, employee, justice, judge, other
  334  person, or employing agency of the designated employee submits a
  335  written request for maintenance of the exemption to the
  336  custodial agency.
  337         4. An officer, an employee, a justice, a judge, or other
  338  person specified in subparagraph 2. may submit a written request
  339  for the release of his or her exempt information to the
  340  custodial agency. The written request must specify the
  341  information to be released and the party that is authorized to
  342  receive the information. Upon receipt of the written request,
  343  the custodial agency shall release the specified information to
  344  the party authorized to receive such information.
  345         5. The exemptions in this paragraph apply to information
  346  held by an agency before, on, or after the effective date of the
  347  exemption.
  348         6. This paragraph is subject to the Open Government Sunset
  349  Review Act in accordance with s. 119.15 and shall stand repealed
  350  on October 2, 2024, unless reviewed and saved from repeal
  351  through reenactment by the Legislature.
  352         Section 2. (1) The Legislature finds that it is a public
  353  necessity to define the term “home addresses” for purposes of
  354  the public records exemptions for agency personnel information
  355  under s. 119.071(4)(d), Florida Statutes. The public records
  356  exemptions for agency personnel information protect identifying
  357  and location information of numerous types of personnel,
  358  including, but not limited to, current or former law enforcement
  359  officers, investigative personnel, state attorneys and
  360  prosecutors, public defenders, guardians ad litem, Supreme Court
  361  justices, various judges, and the spouses and children of such
  362  personnel. The Legislature has previously recognized that such
  363  personnel and their family members are at a heightened risk of
  364  physical and emotional harm from disgruntled individuals who
  365  have contentious reactions to actions taken by such personnel,
  366  or whose business or professional practices have come under
  367  scrutiny of such personnel, and, as a result, has enacted
  368  various public records exemptions. While home addresses of such
  369  personnel and their family members are already exempt from s.
  370  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  371  State Constitution, the current exemptions do not provide
  372  protection for various forms of descriptive property information
  373  that may be used on its own, or in conjunction with other
  374  information, to reveal the home addresses that otherwise should
  375  be protected from public disclosure. Therefore, the Legislature
  376  finds that it is a public necessity to specifically define the
  377  term “home addresses” so that the safety and privacy of various
  378  personnel and their family members are not compromised.
  379         (2) The Legislature further finds that it is a public
  380  necessity that the home addresses, telephone numbers, dates of
  381  birth, and photographs of active or former civilian personnel
  382  employed by a law enforcement agency; the names, home addresses,
  383  telephone numbers, photographs, dates of birth, and places of
  384  employment of the spouses and children of such personnel; and
  385  the names and locations of schools and day care facilities
  386  attended by the children of such personnel be exempt from public
  387  records requirements. Existing law already provides that the
  388  identifying and location information of active or former
  389  civilian law enforcement personnel and their spouses and
  390  children are exempt from public records requirements. The
  391  amendment made by this act further specifies that any active or
  392  former civilian personnel employed by a law enforcement agency
  393  and their spouses and children are entitled to the protections
  394  of the public records exemption. The civilian personnel of law
  395  enforcement agencies perform a variety of important duties that
  396  ensure public safety and welfare and encourage safe and secure
  397  communities. As a result of such duties, these civilian
  398  personnel often come into close contact with individuals who not
  399  only may be a threat to those personnel, but who might also seek
  400  to take revenge against them by harming their spouses and
  401  children. The Legislature finds that modifying the public
  402  records exemption to apply to all active or former civilian
  403  personnel employed by a law enforcement agency and their spouses
  404  and children will serve the public interest by further ensuring
  405  the safety of such personnel.
  406         Section 3. This act shall take effect July 1, 2019.