Senate Bill sb1186

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    Florida Senate - 2001                                  SB 1186

    By Senator Constantine





    9-747A-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; exempting from disclosure

  4         specified information concerning employees of

  5         law enforcement agencies; providing a finding

  6         of public necessity; providing an effective

  7         date.

  8

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

10

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

12  119.07, Florida Statutes, is amended to read:

13         119.07  Inspection, examination, and duplication of

14  records; exemptions.--

15         (3)

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

17  security numbers, and photographs of active or former law

18  enforcement personnel, including nonsworn employees of law

19  enforcement agencies who are designated by the sheriff or

20  chief of police as being in positions in which there is

21  significant contact with criminal defendants or suspects

22  involved in criminal activities, 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 Senate - 2001                                  SB 1186
    9-747A-01




  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 Senate - 2001                                  SB 1186
    9-747A-01




  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.  An agency that is the custodian of the personal

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

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

  7  person specified in subparagraph 1. shall maintain the

  8  confidentiality of the personal information only if the

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

10  agency of the designated employee submits a written request

11  for confidentiality to the custodial agency.

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

13  necessity that the home addresses, telephone numbers, social

14  security numbers, and photographs of nonsworn employees of law

15  enforcement agencies who are designated by the sheriff or

16  chief of police as being in positions in which there is

17  significant contact with criminal defendants or suspects

18  involved in criminal activities be held confidential and

19  exempt from public records requirements in order to protect

20  those employees from harassment and injury by persons who have

21  been investigated by the law enforcement agency. Furthermore,

22  the Legislature finds that it would be an invasion of privacy

23  for those records to be revealed to the public.

24         Section 3.  This act shall take effect upon becoming a

25  law.

26

27            *****************************************

28                          SENATE SUMMARY

29    Exempts from public records disclosure certain
      information concerning employees of law enforcement
30    agencies. Provides a finding of public necessity.

31

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