House Bill 0051

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    Florida House of Representatives - 1999                  HB 51

        By Representative Heyman






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; requiring that persons wishing to

  4         examine or copy a public record must supply

  5         certain identifying information and specifying

  6         that such requirement is a "reasonable

  7         condition"; providing that access to certain

  8         confidential personal information may be

  9         granted to agencies for employment purposes;

10         requiring such agencies to maintain the

11         confidentiality of such information; providing

12         an effective date.

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

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16         Section 1.  Paragraph (a) of subsection (1) and

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

18  Statutes, 1998 Supplement, are amended to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (1)(a)  Every person who has custody of a public record

22  shall permit the record to be inspected and examined by any

23  person desiring to do so, at any reasonable time, under

24  reasonable conditions, and under supervision by the custodian

25  of the public record or the custodian's designee. A person who

26  desires to inspect or copy a public record shall supply his or

27  her name and address, date of birth, and proof of identity.

28  Unless otherwise prohibited by law, if the record is being

29  inspected or copied on behalf of another person or entity, the

30  name and address of that person or entity must also be

31  provided.  For the purposes of this section, the requirement

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    Florida House of Representatives - 1999                  HB 51

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  1  to provide this identifying information is a "reasonable

  2  condition."  The custodian shall furnish a copy or a certified

  3  copy of the record upon payment of the fee prescribed by law

  4  or, if a fee is not prescribed by law, for duplicated copies

  5  of not more than 14 inches by 8 1/2  inches, upon payment of

  6  not more than 15 cents per one-sided copy, and for all other

  7  copies, upon payment of the actual cost of duplication of the

  8  record.  An agency may charge no more than an additional 5

  9  cents for each two-sided duplicated copy.  For purposes of

10  this section, duplicated copies shall mean new copies produced

11  by duplicating, as defined in s. 283.30.  The phrase "actual

12  cost of duplication" means the cost of the material and

13  supplies used to duplicate the record, but it does not include

14  the labor cost or overhead cost associated with such

15  duplication.  However, the charge for copies of county maps or

16  aerial photographs supplied by county constitutional officers

17  may also include a reasonable charge for the labor and

18  overhead associated with their duplication.  Unless otherwise

19  provided by law, the fees to be charged for duplication of

20  public records shall be collected, deposited, and accounted

21  for in the manner prescribed for other operating funds of the

22  agency. An agency may charge up to $1 per copy for a certified

23  copy of a public record.

24         (3)

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

26  security numbers, and photographs of active or former law

27  enforcement personnel, including correctional and correctional

28  probation officers, personnel of the Department of Children

29  and Family Services whose duties include the investigation of

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

31  activities, personnel of the Department of Health whose duties

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    Florida House of Representatives - 1999                  HB 51

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

  2  and personnel of the Department of Revenue or local

  3  governments whose responsibilities include revenue collection

  4  and enforcement or child support enforcement; the home

  5  addresses, telephone numbers, social security numbers,

  6  photographs, and places of employment of the spouses and

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

  8  schools and day care facilities attended by the children of

  9  such personnel are exempt from the provisions of subsection

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

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

12  addresses, telephone numbers, photographs, and places of

13  employment of the spouses and children of such firefighters;

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

15  attended by the children of such firefighters are exempt from

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

17  justices of the Supreme Court, district court of appeal

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

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

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

21  and locations of schools and day care facilities attended by

22  the children of justices and judges are exempt from the

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

24  numbers, social security numbers, and photographs of current

25  or former state attorneys, assistant state attorneys,

26  statewide prosecutors, or assistant statewide prosecutors; the

27  home addresses, telephone numbers, social security numbers,

28  photographs, and places of employment of the spouses and

29  children of current or former state attorneys, assistant state

30  attorneys, statewide prosecutors, or assistant statewide

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

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    Florida House of Representatives - 1999                  HB 51

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  1  care facilities attended by the children of current or former

  2  state attorneys, assistant state attorneys, statewide

  3  prosecutors, or assistant statewide prosecutors are exempt

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

  5  Constitution. The home addresses and home telephone numbers of

  6  county and municipal code inspectors and code enforcement

  7  officers are confidential and exempt from the provisions of

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

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

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

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

12  person specified in subparagraph 1. shall maintain the

13  confidentiality of the personal information only if the

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

15  agency of the designated employee submits a written request

16  for confidentiality to the custodial agency.

17         3.  Access to the personal information made

18  confidential under this paragraph shall be granted to an

19  agency for any purpose connected with the employment or

20  potential employment by the agency of a person specified in

21  subparagraph 1.  An agency granted access to personal

22  information under this subparagraph shall maintain the

23  confidentiality of that information.

24         Section 2.  This act shall take effect upon becoming a

25  law.

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    Florida House of Representatives - 1999                  HB 51

    551-130B-99






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Requires a person who desires to inspect or copy a public
  4    record to supply certain identifying information and
      specifies that such requirement is a "reasonable
  5    condition" with respect to such inspection or copying.

  6
      Provides that access to confidential personal information
  7    regarding specified persons and their spouses and
      children may be granted to agencies for employment
  8    purposes, and requires the agency to maintain the
      confidentiality of that information.
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