Senate Bill sb0064Bc1

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    Florida Senate - 2001                           CS for SB 64-B

    By the Committee on Governmental Oversight and Productivity;
    and Senators Brown-Waite, Smith and Crist




    302-465B-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing that cellular telephone

  4         numbers of law enforcement officers are exempt

  5         from public-records requirements; providing a

  6         statement of public necessity; providing an

  7         effective date.

  8

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

10

11         Section 1.  Paragraph (ee) is added to subsection (3)

12  of section 119.07, Florida Statutes, to read:

13         119.07  Inspection, examination, and duplication of

14  records; exemptions.--

15         (3)

16         (ee)  The cellular telephone number of a law

17  enforcement officer or former law enforcement officer which is

18  used in the course of his or her employment in this state is

19  exempt from the requirements of subsection (1) and s. 24(a),

20  Art. I of the State Constitution. This paragraph is subject to

21  the Open Government Sunset Review Act of 1995 in accordance

22  with s. 119.15 except that it shall stand repealed October 2,

23  2003, unless reviewed and saved from repeal through

24  reenactment by the Legislature.

25         Section 2.  The Legislature finds that the exemption

26  from public-records requirements provided in section

27  119.07(3)(ee), Florida Statutes, is a public necessity because

28  law enforcement officers or former law enforcement officers

29  can be identified as such by connecting them with their

30  cellular telephone numbers that are used in the course of

31  their employment. The identification of law enforcement

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    Florida Senate - 2001                           CS for SB 64-B
    302-465B-02




  1  officers through cellular telephone numbers can compromise

  2  investigations, undermine those officers' ability to apprehend

  3  suspects, and compromise the physical safety of law

  4  enforcement officers. Cellular telephone numbers of former law

  5  enforcement officers which were used in the course of their

  6  employment, if made public, could also jeopardize on-going

  7  investigations, law enforcement informers and contacts, as

  8  well as the safety of former law enforcement officers because

  9  such numbers could be used to connect a former law enforcement

10  officer with an investigation. Consequently, the Legislature

11  finds that cellular telephone numbers of law enforcement

12  officers and former law enforcement officers that are used in

13  the course of their employment must be kept confidential.

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

15  law.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 64-B

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20  Creates an exemption for cellular telephones numbers of
    current or former law enforcement officers.
21
    Sunsets exemption on October 2, 2003, unless reviewed and
22  reenacted by the Legislature prior to that date.

23  Provides a statement of public necessity.

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