House Bill 0025

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    Florida House of Representatives - 1999                  HB 25

        By Representative Harrington






  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 licensed or certified

  6         health care clinicians and certified

  7         educational personnel of the Department of

  8         Corrections, and their spouses and children;

  9         providing for future review and repeal;

10         providing a finding of public necessity;

11         providing an effective date.

12

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

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15         Section 1.  Paragraph (i) of subsection (3) of section

16  119.07, Florida Statutes, 1998 Supplement, is amended to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

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

21  security numbers, and photographs of active or former law

22  enforcement personnel, including correctional and correctional

23  probation officers, personnel of the Department of Children

24  and Family Services whose duties include the investigation of

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

26  activities, personnel of the Department of Health whose duties

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

28  and personnel of the Department of Revenue or local

29  governments whose responsibilities include revenue collection

30  and enforcement or child support enforcement; the home

31  addresses, telephone numbers, social security numbers,

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    Florida House of Representatives - 1999                  HB 25

    581-106A-99






  1  photographs, and places of employment of the spouses and

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

  3  schools and day care facilities attended by the children of

  4  such personnel are exempt from the provisions of subsection

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

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

  7  addresses, telephone numbers, photographs, and places of

  8  employment of the spouses and children of such firefighters;

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

10  attended by the children of such firefighters are exempt from

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

12  justices of the Supreme Court, district court of appeal

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

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

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

16  and locations of schools and day care facilities attended by

17  the children of justices and judges are exempt from the

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

19  numbers, social security numbers, and photographs of current

20  or former state attorneys, assistant state attorneys,

21  statewide prosecutors, or assistant statewide prosecutors; the

22  home addresses, telephone numbers, social security numbers,

23  photographs, and places of employment of the spouses and

24  children of current or former state attorneys, assistant state

25  attorneys, statewide prosecutors, or assistant statewide

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

27  care facilities attended by the children of current or former

28  state attorneys, assistant state attorneys, statewide

29  prosecutors, or assistant statewide prosecutors are exempt

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

31  Constitution. The home addresses and home telephone numbers of

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    Florida House of Representatives - 1999                  HB 25

    581-106A-99






  1  county and municipal code inspectors and code enforcement

  2  officers are confidential and exempt from the provisions of

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

  4         2.  The home addresses, telephone numbers, social

  5  security numbers, and photographs of health care clinicians of

  6  the Department of Corrections who are licensed or certified

  7  pursuant to chapter 458, chapter 459, chapter 464, chapter

  8  465, chapter 466, or chapter 490, and of educational personnel

  9  of the Department of Corrections who are certified pursuant to

10  s. 231.17; the home addresses, telephone numbers, social

11  security numbers, photographs, and places of employment of the

12  spouses and children of such persons; and the names and

13  locations of schools and day care facilities attended by the

14  children of such persons are exempt from subsection (1) and s.

15  24(a), Art. I of the State Constitution.  This subparagraph is

16  subject to the Open Government Sunset Review Act of 1995 in

17  accordance with s. 119.15, and shall stand repealed on October

18  2, 2004, unless reviewed and saved from repeal through

19  reenactment by the Legislature.

20         3.2.  An agency that is the custodian of the personal

21  information specified in subparagraph 1. or subparagraph 2.

22  and that is not the employer of the officer, employee,

23  justice, judge, or other person specified in subparagraph 1.

24  or subparagraph 2. shall maintain the confidentiality of the

25  personal information only if the officer, employee, justice,

26  judge, other person, or employing agency of the designated

27  employee submits a written request for confidentiality to the

28  custodial agency.

29         Section 2.  The Legislature finds that the exemption of

30  the personal information specified in this act from public

31  records requirements is a public necessity because release of

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    Florida House of Representatives - 1999                  HB 25

    581-106A-99






  1  this information would jeopardize the safety and welfare of

  2  licensed or certified health care clinicians and certified

  3  educational personnel employed by the Department of

  4  Corrections and their families.  The release of this personal

  5  information would not benefit the public or aid it in

  6  monitoring the effective and efficient operation of

  7  government.  The exemption of this personal information would

  8  minimize the possibility that inmates, offenders, or other

  9  individuals might use the information to threaten, intimidate,

10  harass, or cause physical harm or other injury to these

11  persons or members of their families.

12         Section 3.  This act shall take effect October 1, 1999.

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15                          HOUSE SUMMARY

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      Provides exemptions from public records requirements for
17    specified personal information relating to licensed or
      certified health care clinicians and certified
18    educational personnel of the Department of Corrections,
      and their spouses and children. Provides for future
19    review and repeal.

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