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House Bill 3119

Florida House of Representatives - 1998 HB 3119 By Representative Mackey 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.07, F.S.; providing exemptions from public 4 records requirements for specified personal 5 information relating to state officers and 6 employees whose duties are performed in 7 correctional institutions or licensed or 8 certified health care clinicians and certified 9 educational personnel of the Department of 10 Corrections, and their spouses and children; 11 providing for future review and repeal; 12 providing a finding of public necessity; 13 providing a contingent effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (i) of subsection (3) of section 18 119.07, Florida Statutes, 1996 Supplement, as amended by 19 chapter 97-185, Laws of Florida, is amended to read: 20 119.07 Inspection, examination, and duplication of 21 records; exemptions.-- 22 (3) 23 (i)1. The home addresses, telephone numbers, social 24 security numbers, and photographs of active or former law 25 enforcement personnel, including correctional and correctional 26 probation officers, personnel of the Department of Health and 27 Rehabilitative Services whose duties include the investigation 28 of abuse, neglect, exploitation, fraud, theft, or other 29 criminal activities, and personnel of the Department of 30 Revenue or local governments whose responsibilities include 31 revenue collection and enforcement or child support 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3119 59-332-98 1 enforcement; the home addresses, telephone numbers, social 2 security numbers, photographs, and places of employment of the 3 spouses and children of such personnel; and the names and 4 locations of schools and day care facilities attended by the 5 children of such personnel are exempt from the provisions of 6 subsection (1). The home addresses, telephone numbers, and 7 photographs of firefighters certified in compliance with s. 8 633.35; the home addresses, telephone numbers, photographs, 9 and places of employment of the spouses and children of such 10 firefighters; and the names and locations of schools and day 11 care facilities attended by the children of such firefighters 12 are exempt from subsection (1). The home addresses and 13 telephone numbers of justices of the Supreme Court, district 14 court of appeal judges, circuit court judges, and county court 15 judges; the home addresses, telephone numbers, and places of 16 employment of the spouses and children of justices and judges; 17 and the names and locations of schools and day care facilities 18 attended by the children of justices and judges are exempt 19 from the provisions of subsection (1). The home addresses, 20 telephone numbers, social security numbers, and photographs of 21 current or former state attorneys, assistant state attorneys, 22 statewide prosecutors, or assistant statewide prosecutors; the 23 home addresses, telephone numbers, social security numbers, 24 photographs, and places of employment of the spouses and 25 children of current or former state attorneys, assistant state 26 attorneys, statewide prosecutors, or assistant statewide 27 prosecutors; and the names and locations of schools and day 28 care facilities attended by the children of current or former 29 state attorneys, assistant state attorneys, statewide 30 prosecutors, or assistant statewide prosecutors are exempt 31 from subsection (1) and s. 24(a), Art. I of the State 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3119 59-332-98 1 Constitution. The home addresses and home telephone numbers of 2 county and municipal code inspectors and code enforcement 3 officers are confidential and exempt from the provisions of 4 subsection (1) and s. 24(a), Art. I of the State Constitution. 5 2. The home addresses, telephone numbers, social 6 security numbers, and photographs of health care clinicians of 7 the Department of Corrections who are licensed or certified 8 pursuant to chapter 458, chapter 459, chapter 464, chapter 9 465, chapter 466, or chapter 490, of educational personnel of 10 the Department of Corrections who are certified pursuant to s. 11 231.17, and of other state officers and employees whose duties 12 are performed in whole or in part in state correctional 13 institutions; the home addresses, telephone numbers, social 14 security numbers, photographs, and places of employment of the 15 spouses and children of such persons; and the names and 16 locations of schools and day care facilities attended by the 17 children of such persons are exempt from subsection (1) and s. 18 24(a), Art. I of the State Constitution. This subparagraph is 19 subject to the Open Government Sunset Review Act of 1995 in 20 accordance with s. 119.15, and shall stand repealed on October 21 2, 2003, unless reviewed and saved from repeal through 22 reenactment by the Legislature. 23 3.2. An agency that is the custodian of the personal 24 information specified in subparagraph 1. or subparagraph 2. 25 and that is not the employer of the officer, employee, 26 justice, judge, or other person specified in subparagraph 1. 27 or subparagraph 2. shall maintain the confidentiality of the 28 personal information only if the officer, employee, justice, 29 judge, other person, or employing agency of the designated 30 employee submits a written request for confidentiality to the 31 custodial agency. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3119 59-332-98 1 Section 2. The Legislature finds that the exemption of 2 the personal information specified in this act from public 3 records requirements is a public necessity because release of 4 this information would jeopardize the safety and welfare of 5 licensed or certified health care clinicians and certified 6 educational personnel employed by the Department of 7 Corrections and of other state officers and employees whose 8 duties are performed in whole or in part in state correctional 9 institutions, and their families. The exemption of this 10 personal information would minimize the possibility that 11 inmates, offenders, or other individuals might use the 12 information to threaten, intimidate, harass, or cause physical 13 harm or other injury to these persons or members of their 14 families. 15 Section 3. This act shall take effect on the same date 16 that House Bill or similar legislation prohibiting certain 17 disclosures or use of information accessible to inmates or 18 offenders by means of correctional work or other program 19 participation takes effect, if such legislation is adopted in 20 the same legislative session or an extension thereof. 21 22 ***************************************** 23 HOUSE SUMMARY 24 Provides exemptions from public records requirements for 25 specified personal information relating to state officers and employees whose duties are performed in state 26 correctional institutions, or licensed or certified health care clinicians and certified educational 27 personnel of the Department of Corrections, and their spouses and children. Provides for future review and 28 repeal. Provides a finding of public necessity. 29 30 31 4