Senate Bill 1718
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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.
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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
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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
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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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