Florida Senate - 2020                                     SB 878
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01193-20                                            2020878__
    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 the personal identifying and
    5         location information of current or former emergency
    6         room health care practitioners and the spouses and
    7         children of such practitioners; defining the term
    8         “emergency room health care practitioner”; providing
    9         for retroactive application; providing a statement of
   10         public necessity; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (d) of subsection (4) of section
   15  119.071, Florida Statutes, is amended to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (4) AGENCY PERSONNEL INFORMATION.—
   19         (d)1. For purposes of this paragraph, the term:
   20         a. “Home addresses” means the dwelling location at which an
   21  individual resides and includes the physical address, mailing
   22  address, street address, parcel identification number, plot
   23  identification number, legal property description, neighborhood
   24  name and lot number, GPS coordinates, and any other descriptive
   25  property information that may reveal the home address.
   26         b. “Telephone numbers” includes home telephone numbers,
   27  personal cellular telephone numbers, personal pager telephone
   28  numbers, and telephone numbers associated with personal
   29  communications devices.
   30         2.a. The home addresses, telephone numbers, dates of birth,
   31  and photographs of active or former sworn law enforcement
   32  personnel or of active or former civilian personnel employed by
   33  a law enforcement agency, including correctional and
   34  correctional probation officers, personnel of the Department of
   35  Children and Families whose duties include the investigation of
   36  abuse, neglect, exploitation, fraud, theft, or other criminal
   37  activities, personnel of the Department of Health whose duties
   38  are to support the investigation of child abuse or neglect, and
   39  personnel of the Department of Revenue or local governments
   40  whose responsibilities include revenue collection and
   41  enforcement or child support enforcement; the names, home
   42  addresses, telephone numbers, photographs, dates of birth, and
   43  places of employment of the spouses and children of such
   44  personnel; and the names and locations of schools and day care
   45  facilities attended by the children of such personnel are exempt
   46  from s. 119.07(1) and s. 24(a), Art. I of the State
   47  Constitution.
   48         b. The home addresses, telephone numbers, dates of birth,
   49  and photographs of current or former nonsworn investigative
   50  personnel of the Department of Financial Services whose duties
   51  include the investigation of fraud, theft, workers’ compensation
   52  coverage requirements and compliance, other related criminal
   53  activities, or state regulatory requirement violations; the
   54  names, home addresses, telephone numbers, dates of birth, and
   55  places of employment of the spouses and children of such
   56  personnel; and the names and locations of schools and day care
   57  facilities attended by the children of such personnel are exempt
   58  from s. 119.07(1) and s. 24(a), Art. I of the State
   59  Constitution.
   60         c. The home addresses, telephone numbers, dates of birth,
   61  and photographs of current or former nonsworn investigative
   62  personnel of the Office of Financial Regulation’s Bureau of
   63  Financial Investigations whose duties include the investigation
   64  of fraud, theft, other related criminal activities, or state
   65  regulatory requirement violations; the names, home addresses,
   66  telephone numbers, dates of birth, and places of employment of
   67  the spouses and children of such personnel; and the names and
   68  locations of schools and day care facilities attended by the
   69  children of such personnel are exempt from s. 119.07(1) and s.
   70  24(a), Art. I of the State Constitution.
   71         d. The home addresses, telephone numbers, dates of birth,
   72  and photographs of current or former firefighters certified in
   73  compliance with s. 633.408; the names, home addresses, telephone
   74  numbers, photographs, dates of birth, and places of employment
   75  of the spouses and children of such firefighters; and the names
   76  and locations of schools and day care facilities attended by the
   77  children of such firefighters are exempt from s. 119.07(1) and
   78  s. 24(a), Art. I of the State Constitution.
   79         e. The home addresses, dates of birth, and telephone
   80  numbers of current or former justices of the Supreme Court,
   81  district court of appeal judges, circuit court judges, and
   82  county court judges; the names, home addresses, telephone
   83  numbers, dates of birth, and places of employment of the spouses
   84  and children of current or former justices and judges; and the
   85  names and locations of schools and day care facilities attended
   86  by the children of current or former justices and judges are
   87  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   88  Constitution.
   89         f. The home addresses, telephone numbers, dates of birth,
   90  and photographs of current or former state attorneys, assistant
   91  state attorneys, statewide prosecutors, or assistant statewide
   92  prosecutors; the names, home addresses, telephone numbers,
   93  photographs, dates of birth, and places of employment of the
   94  spouses and children of current or former state attorneys,
   95  assistant state attorneys, statewide prosecutors, or assistant
   96  statewide prosecutors; and the names and locations of schools
   97  and day care facilities attended by the children of current or
   98  former state attorneys, assistant state attorneys, statewide
   99  prosecutors, or assistant statewide prosecutors are exempt from
  100  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  101         g. The home addresses, dates of birth, and telephone
  102  numbers of general magistrates, special magistrates, judges of
  103  compensation claims, administrative law judges of the Division
  104  of Administrative Hearings, and child support enforcement
  105  hearing officers; the names, home addresses, telephone numbers,
  106  dates of birth, and places of employment of the spouses and
  107  children of general magistrates, special magistrates, judges of
  108  compensation claims, administrative law judges of the Division
  109  of Administrative Hearings, and child support enforcement
  110  hearing officers; and the names and locations of schools and day
  111  care facilities attended by the children of general magistrates,
  112  special magistrates, judges of compensation claims,
  113  administrative law judges of the Division of Administrative
  114  Hearings, and child support enforcement hearing officers are
  115  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  116  Constitution.
  117         h. The home addresses, telephone numbers, dates of birth,
  118  and photographs of current or former human resource, labor
  119  relations, or employee relations directors, assistant directors,
  120  managers, or assistant managers of any local government agency
  121  or water management district whose duties include hiring and
  122  firing employees, labor contract negotiation, administration, or
  123  other personnel-related duties; the names, home addresses,
  124  telephone numbers, dates of birth, and places of employment of
  125  the spouses and children of such personnel; and the names and
  126  locations of schools and day care facilities attended by the
  127  children of such personnel are exempt from s. 119.07(1) and s.
  128  24(a), Art. I of the State Constitution.
  129         i. The home addresses, telephone numbers, dates of birth,
  130  and photographs of current or former code enforcement officers;
  131  the names, home addresses, telephone numbers, dates of birth,
  132  and places of employment of the spouses and children of such
  133  personnel; and the names and locations of schools and day care
  134  facilities attended by the children of such personnel are exempt
  135  from s. 119.07(1) and s. 24(a), Art. I of the State
  136  Constitution.
  137         j. The home addresses, telephone numbers, places of
  138  employment, dates of birth, and photographs of current or former
  139  guardians ad litem, as defined in s. 39.820; the names, home
  140  addresses, telephone numbers, dates of birth, and places of
  141  employment of the spouses and children of such persons; and the
  142  names and locations of schools and day care facilities attended
  143  by the children of such persons are exempt from s. 119.07(1) and
  144  s. 24(a), Art. I of the State Constitution.
  145         k. The home addresses, telephone numbers, dates of birth,
  146  and photographs of current or former juvenile probation
  147  officers, juvenile probation supervisors, detention
  148  superintendents, assistant detention superintendents, juvenile
  149  justice detention officers I and II, juvenile justice detention
  150  officer supervisors, juvenile justice residential officers,
  151  juvenile justice residential officer supervisors I and II,
  152  juvenile justice counselors, juvenile justice counselor
  153  supervisors, human services counselor administrators, senior
  154  human services counselor administrators, rehabilitation
  155  therapists, and social services counselors of the Department of
  156  Juvenile Justice; the names, home addresses, telephone numbers,
  157  dates of birth, and places of employment of spouses and children
  158  of such personnel; and the names and locations of schools and
  159  day care facilities attended by the children of such personnel
  160  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  161  Constitution.
  162         l. The home addresses, telephone numbers, dates of birth,
  163  and photographs of current or former public defenders, assistant
  164  public defenders, criminal conflict and civil regional counsel,
  165  and assistant criminal conflict and civil regional counsel; the
  166  names, home addresses, telephone numbers, dates of birth, and
  167  places of employment of the spouses and children of current or
  168  former public defenders, assistant public defenders, criminal
  169  conflict and civil regional counsel, and assistant criminal
  170  conflict and civil regional counsel; and the names and locations
  171  of schools and day care facilities attended by the children of
  172  current or former public defenders, assistant public defenders,
  173  criminal conflict and civil regional counsel, and assistant
  174  criminal conflict and civil regional counsel are exempt from s.
  175  119.07(1) and s. 24(a), Art. I of the State Constitution.
  176         m. The home addresses, telephone numbers, dates of birth,
  177  and photographs of current or former investigators or inspectors
  178  of the Department of Business and Professional Regulation; the
  179  names, home addresses, telephone numbers, dates of birth, and
  180  places of employment of the spouses and children of such current
  181  or former investigators and inspectors; and the names and
  182  locations of schools and day care facilities attended by the
  183  children of such current or former investigators and inspectors
  184  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  185  Constitution.
  186         n. The home addresses, telephone numbers, and dates of
  187  birth of county tax collectors; the names, home addresses,
  188  telephone numbers, dates of birth, and places of employment of
  189  the spouses and children of such tax collectors; and the names
  190  and locations of schools and day care facilities attended by the
  191  children of such tax collectors are exempt from s. 119.07(1) and
  192  s. 24(a), Art. I of the State Constitution.
  193         o. The home addresses, telephone numbers, dates of birth,
  194  and photographs of current or former personnel of the Department
  195  of Health whose duties include, or result in, the determination
  196  or adjudication of eligibility for social security disability
  197  benefits, the investigation or prosecution of complaints filed
  198  against health care practitioners, or the inspection of health
  199  care practitioners or health care facilities licensed by the
  200  Department of Health; the names, home addresses, telephone
  201  numbers, dates of birth, and places of employment of the spouses
  202  and children of such personnel; and the names and locations of
  203  schools and day care facilities attended by the children of such
  204  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  205  the State Constitution.
  206         p. The home addresses, telephone numbers, dates of birth,
  207  and photographs of current or former impaired practitioner
  208  consultants who are retained by an agency or current or former
  209  employees of an impaired practitioner consultant whose duties
  210  result in a determination of a person’s skill and safety to
  211  practice a licensed profession; the names, home addresses,
  212  telephone numbers, dates of birth, and places of employment of
  213  the spouses and children of such consultants or their employees;
  214  and the names and locations of schools and day care facilities
  215  attended by the children of such consultants or employees are
  216  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  217  Constitution.
  218         q. The home addresses, telephone numbers, dates of birth,
  219  and photographs of current or former emergency medical
  220  technicians or paramedics certified under chapter 401; the
  221  names, home addresses, telephone numbers, dates of birth, and
  222  places of employment of the spouses and children of such
  223  emergency medical technicians or paramedics; and the names and
  224  locations of schools and day care facilities attended by the
  225  children of such emergency medical technicians or paramedics are
  226  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  227  Constitution.
  228         r. The home addresses, telephone numbers, dates of birth,
  229  and photographs of current or former personnel employed in an
  230  agency’s office of inspector general or internal audit
  231  department whose duties include auditing or investigating waste,
  232  fraud, abuse, theft, exploitation, or other activities that
  233  could lead to criminal prosecution or administrative discipline;
  234  the names, home addresses, telephone numbers, dates of birth,
  235  and places of employment of spouses and children of such
  236  personnel; and the names and locations of schools and day care
  237  facilities attended by the children of such personnel are exempt
  238  from s. 119.07(1) and s. 24(a), Art. I of the State
  239  Constitution.
  240         s. The home addresses, telephone numbers, dates of birth,
  241  and photographs of current or former directors, managers,
  242  supervisors, nurses, and clinical employees of an addiction
  243  treatment facility; the home addresses, telephone numbers,
  244  photographs, dates of birth, and places of employment of the
  245  spouses and children of such personnel; and the names and
  246  locations of schools and day care facilities attended by the
  247  children of such personnel are exempt from s. 119.07(1) and s.
  248  24(a), Art. I of the State Constitution. For purposes of this
  249  sub-subparagraph, the term “addiction treatment facility” means
  250  a county government, or agency thereof, that is licensed
  251  pursuant to s. 397.401 and provides substance abuse prevention,
  252  intervention, or clinical treatment, including any licensed
  253  service component described in s. 397.311(26).
  254         t. The home addresses, telephone numbers, dates of birth,
  255  and photographs of current or former directors, managers,
  256  supervisors, and clinical employees of a child advocacy center
  257  that meets the standards of s. 39.3035(1) and fulfills the
  258  screening requirement of s. 39.3035(2), and the members of a
  259  Child Protection Team as described in s. 39.303 whose duties
  260  include supporting the investigation of child abuse or sexual
  261  abuse, child abandonment, child neglect, and child exploitation
  262  or to provide services as part of a multidisciplinary case
  263  review team; the names, home addresses, telephone numbers,
  264  photographs, dates of birth, and places of employment of the
  265  spouses and children of such personnel and members; and the
  266  names and locations of schools and day care facilities attended
  267  by the children of such personnel and members are exempt from s.
  268  119.07(1) and s. 24(a), Art. I of the State Constitution.
  269         u.(I)The home addresses, telephone numbers, dates of
  270  birth, and photographs of current or former emergency room
  271  health care practitioners; the names, home addresses, telephone
  272  numbers, dates of birth, and places of employment of the spouses
  273  and children of such practitioners; and the names and locations
  274  of schools and day care facilities attended by the children of
  275  such practitioners are exempt from s. 119.07(1) and s. 24(a),
  276  Art. I of the State Constitution.
  277         (II)For purposes of sub-sub-subparagraph (I), the term
  278  “emergency room health care practitioner” means a physician or a
  279  physician assistant licensed under chapter 458 or chapter 459;
  280  an advanced practice registered nurse, a registered nurse, or a
  281  licensed practical nurse licensed under part I of chapter 464;
  282  or any other licensed health care personnel whose duties are
  283  performed in a hospital emergency department.
  284         3. An agency that is the custodian of the information
  285  specified in subparagraph 2. and that is not the employer of the
  286  officer, employee, justice, judge, or other person specified in
  287  subparagraph 2. shall maintain the exempt status of that
  288  information only if the officer, employee, justice, judge, other
  289  person, or employing agency of the designated employee submits a
  290  written request for maintenance of the exemption to the
  291  custodial agency.
  292         4. An officer, an employee, a justice, a judge, or other
  293  person specified in subparagraph 2. may submit a written request
  294  for the release of his or her exempt information to the
  295  custodial agency. The written request must be notarized and must
  296  specify the information to be released and the party that is
  297  authorized to receive the information. Upon receipt of the
  298  written request, the custodial agency shall release the
  299  specified information to the party authorized to receive such
  300  information.
  301         5. The exemptions in this paragraph apply to information
  302  held by an agency before, on, or after the effective date of the
  303  exemption.
  304         6. This paragraph is subject to the Open Government Sunset
  305  Review Act in accordance with s. 119.15 and shall stand repealed
  306  on October 2, 2024, unless reviewed and saved from repeal
  307  through reenactment by the Legislature.
  308         Section 2. The Legislature finds that it is a public
  309  necessity that the home addresses, telephone numbers, dates of
  310  birth, and photographs of current or former emergency room
  311  health care practitioners; the names, home addresses, telephone
  312  numbers, and places of employment of the spouses and children of
  313  such practitioners; and the names and locations of schools and
  314  day care facilities attended by the children of such
  315  practitioners be exempt from public records requirements.
  316  Emergency room health care practitioners, by nature of their
  317  duties, are often placed in traumatic circumstances in which
  318  loss of life and severe bodily injuries have occurred. Such
  319  practitioners are particularly vulnerable to physical violence,
  320  harassment, and intimidation perpetrated by patients or
  321  relatives of patients who can be violent, angry, or mentally
  322  unstable. As a result, the Legislature finds that the release of
  323  identifying and location information of emergency room health
  324  care practitioners, or the spouses and children of such
  325  practitioners, could place them in danger of being physically or
  326  emotionally harmed or stalked by a person who has a hostile
  327  reaction to his or her encounter with such practitioners. The
  328  Legislature further finds that the harm that may result from the
  329  release of such identifying and location information outweighs
  330  any public benefit that may be derived from the disclosure of
  331  the information.
  332         Section 3. This act shall take effect upon becoming a law.