Senate Bill 1718

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1718

    By Senator Silver





    38-370-99

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from the

  4         public records law for specified information

  5         relating to certain municipal employees who are

  6         human resources practitioners; providing

  7         legislative findings; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (a) of subsection (2) and

13  paragraph (i) of subsection (3) of section 119.07, Florida

14  Statutes, 1998 Supplement, are amended to read:

15         119.07  Inspection, examination, and duplication of

16  records; exemptions.--

17         (2)(a)  A person who has custody of a public record and

18  who asserts that an exemption provided in subsection (3) or in

19  a general or special law applies to a particular public record

20  or part of such record shall delete or excise from the record

21  only that portion of the record with respect to which an

22  exemption has been asserted and validly applies, and such

23  person shall produce the remainder of such record for

24  inspection and examination.  If the person who has custody of

25  a public record contends that the record or part of it is

26  exempt from inspection and examination, he or she shall state

27  the basis of the exemption which he or she contends is

28  applicable to the record, including the statutory citation to

29  an exemption created or afforded by statute, and, if requested

30  by the person seeking the right under this subsection to

31  inspect, examine, or copy the record, he or she shall state in

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    Florida Senate - 1999                                  SB 1718
    38-370-99




  1  writing and with particularity the reasons for the conclusion

  2  that the record is exempt.

  3         (3)

  4         (i)1.  The home addresses, telephone numbers, social

  5  security numbers, and photographs of active or former law

  6  enforcement personnel, including correctional and correctional

  7  probation officers, personnel of the Department of Children

  8  and Family Services whose duties include the investigation of

  9  abuse, neglect, exploitation, fraud, theft, or other criminal

10  activities, personnel of the Department of Health whose duties

11  are to support the investigation of child abuse or neglect,

12  and personnel of the Department of Revenue or local

13  governments whose responsibilities include revenue collection

14  and enforcement or child support enforcement; the home

15  addresses, telephone numbers, social security numbers,

16  photographs, and places of employment of the spouses and

17  children of such personnel; and the names and locations of

18  schools and day care facilities attended by the children of

19  such personnel are exempt from the provisions of subsection

20  (1). The home addresses, telephone numbers, and photographs of

21  firefighters certified in compliance with s. 633.35; the home

22  addresses, telephone numbers, photographs, and places of

23  employment of the spouses and children of such firefighters;

24  and the names and locations of schools and day care facilities

25  attended by the children of such firefighters are exempt from

26  subsection (1). The home addresses and telephone numbers of

27  justices of the Supreme Court, district court of appeal

28  judges, circuit court judges, and county court judges; the

29  home addresses, telephone numbers, and places of employment of

30  the spouses and children of justices and judges; and the names

31  and locations of schools and day care facilities attended by

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    Florida Senate - 1999                                  SB 1718
    38-370-99




  1  the children of justices and judges are exempt from the

  2  provisions of subsection (1). The home addresses, telephone

  3  numbers, social security numbers, and photographs of current

  4  or former state attorneys, assistant state attorneys,

  5  statewide prosecutors, or assistant statewide prosecutors; the

  6  home addresses, telephone numbers, social security numbers,

  7  photographs, and places of employment of the spouses and

  8  children of current or former state attorneys, assistant state

  9  attorneys, statewide prosecutors, or assistant statewide

10  prosecutors; and the names and locations of schools and day

11  care facilities attended by the children of current or former

12  state attorneys, assistant state attorneys, statewide

13  prosecutors, or assistant statewide prosecutors are exempt

14  from subsection (1) and s. 24(a), Art. I of the State

15  Constitution. The home addresses and home telephone numbers of

16  county and municipal code inspectors and code enforcement

17  officers are confidential and exempt from the provisions of

18  subsection (1) and s. 24(a), Art. I of the State Constitution.

19  The home addresses and home telephone numbers of municipal

20  employees who are human resources practitioners who make

21  decisions that affect employment actions are confidential and

22  exempt from the provision of subsection (1) and s. 24(a), Art.

23  I of the State Constitution.

24         2.  An agency that is the custodian of the personal

25  information specified in subparagraph 1. and that is not the

26  employer of the officer, employee, justice, judge, or other

27  person specified in subparagraph 1. shall maintain the

28  confidentiality of the personal information only if the

29  officer, employee, justice, judge, other person, or employing

30  agency of the designated employee submits a written request

31  for confidentiality to the custodial agency.

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    Florida Senate - 1999                                  SB 1718
    38-370-99




  1         Section 2.  The Legislature finds that it is a public

  2  necessity that the home addresses and home telephone numbers

  3  of municipal employees who are human resources practitioners

  4  who make decisions that affect employment actions be exempt

  5  from public disclosure. The increase in violence in the

  6  workplace and particularly violence relating to decisions

  7  affecting employees' rights to employment justify such

  8  exemption to assure the safety of human resource personnel in

  9  the performance of their official duties. Limiting access by

10  the public to such information is minor compared to the

11  preservation of the security and safety of municipal employees

12  whose job responsibilities require them to make decisions

13  affecting the employment of other municipal employees.

14         Section 3.  This act shall take effect July 1, 1999.

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17                          SENATE SUMMARY

18    Provides an exemption from the public records law for the
      home addresses and home telephone numbers of municipal
19    employees who are human resources practitioners who make
      decisions that affect employment actions.
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