House Bill hb1701c1
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Florida House of Representatives - 2001 CS/HB 1701
By the Committee on State Administration and
Representative Smith
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; expanding the exemption from
4 public records requirements for identifying
5 information relating to code enforcement
6 officers to include additional information and
7 to include such officers' spouses and children;
8 providing for future review and repeal;
9 providing a finding of public necessity;
10 providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (i) of subsection (3) of section
15 119.07, Florida Statutes, is amended to read:
16 119.07 Inspection, examination, and duplication of
17 records; exemptions.--
18 (3)
19 (i)1. The home addresses, telephone numbers, social
20 security numbers, and photographs of active or former law
21 enforcement personnel, including correctional and correctional
22 probation officers, personnel of the Department of Children
23 and Family Services whose duties include the investigation of
24 abuse, neglect, exploitation, fraud, theft, or other criminal
25 activities, personnel of the Department of Health whose duties
26 are to support the investigation of child abuse or neglect,
27 and personnel of the Department of Revenue or local
28 governments whose responsibilities include revenue collection
29 and enforcement or child support enforcement; the home
30 addresses, telephone numbers, social security numbers,
31 photographs, and places of employment of the spouses and
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Florida House of Representatives - 2001 CS/HB 1701
688-185-01
1 children of such personnel; and the names and locations of
2 schools and day care facilities attended by the children of
3 such personnel are exempt from the provisions of subsection
4 (1). The home addresses, telephone numbers, and photographs of
5 firefighters certified in compliance with s. 633.35; the home
6 addresses, telephone numbers, photographs, and places of
7 employment of the spouses and children of such firefighters;
8 and the names and locations of schools and day care facilities
9 attended by the children of such firefighters are exempt from
10 subsection (1). The home addresses and telephone numbers of
11 justices of the Supreme Court, district court of appeal
12 judges, circuit court judges, and county court judges; the
13 home addresses, telephone numbers, and places of employment of
14 the spouses and children of justices and judges; and the names
15 and locations of schools and day care facilities attended by
16 the children of justices and judges are exempt from the
17 provisions of subsection (1). The home addresses, telephone
18 numbers, social security numbers, and photographs of current
19 or former state attorneys, assistant state attorneys,
20 statewide prosecutors, or assistant statewide prosecutors; the
21 home addresses, telephone numbers, social security numbers,
22 photographs, and places of employment of the spouses and
23 children of current or former state attorneys, assistant state
24 attorneys, statewide prosecutors, or assistant statewide
25 prosecutors; and the names and locations of schools and day
26 care facilities attended by the children of current or former
27 state attorneys, assistant state attorneys, statewide
28 prosecutors, or assistant statewide prosecutors are exempt
29 from subsection (1) and s. 24(a), Art. I of the State
30 Constitution. The home addresses and home telephone numbers of
31 county and municipal code inspectors and code enforcement
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Florida House of Representatives - 2001 CS/HB 1701
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1 officers are confidential and exempt from the provisions of
2 subsection (1) and s. 24(a), Art. I of the State Constitution.
3 2. The home addresses, telephone numbers, social
4 security numbers, and photographs of current or former code
5 enforcement officers; the names, home addresses, telephone
6 numbers, social security numbers, photographs, and places of
7 employment of the spouses and children of such persons; and
8 the names and locations of schools and day care facilities
9 attended by the children of such persons are exempt from
10 subsection (1) and s. 24(a), Art. I of the State Constitution.
11 This subparagraph is subject to the Open Government Sunset
12 Review Act of 1995 in accordance with s. 119.15, and shall
13 stand repealed on October 2, 2006, unless reviewed and saved
14 from repeal through reenactment by the Legislature.
15 3.2. An agency that is the custodian of the personal
16 information specified in subparagraph 1. or subparagraph 2.
17 and that is not the employer of the officer, employee,
18 justice, judge, or other person specified in subparagraph 1.
19 or subparagraph 2. shall maintain the confidentiality of the
20 personal information only if the officer, employee, justice,
21 judge, other person, or employing agency of the designated
22 employee submits a written request for confidentiality to the
23 custodial agency.
24 Section 2. The Legislature finds that the exemption
25 from public records requirements provided for by this act for
26 identifying information relating to current and former code
27 enforcement officers and their families is a public necessity.
28 The current exemption of names and addresses has not
29 completely shielded the identities of county and municipal
30 code enforcement officers. The responsibilities of these
31 employees regularly take them into areas of neglect, abuse,
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Florida House of Representatives - 2001 CS/HB 1701
688-185-01
1 and personal danger. Citations issued in response to
2 violations that they encounter often lead to retribution by
3 the offenders. Their personnel files are reviewed on numerous
4 occasions by code violators seeking information relating to
5 the code enforcement officers and their families. The
6 disclosure of this personal information has led to threats,
7 acts of violence, and unwarranted risk to the officers and
8 their families.
9 Section 3. This act shall take effect upon becoming a
10 law.
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