Senate Bill sb2258

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    Florida Senate - 2002                                  SB 2258

    By Senator Posey





    15-1141-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; revising the status of specified

  4         information concerning law enforcement

  5         personnel, personnel of the Department of

  6         Children and Family Services whose duties

  7         include investigating certain criminal

  8         activities, personnel of the Department of

  9         Health whose duties include supporting the

10         investigation of child abuse or neglect, and

11         personnel of the Department of Revenue or local

12         governments who are responsible for revenue

13         collection and enforcement or child-support

14         enforcement, and the spouses and children of

15         such personnel; providing that such

16         information, when held by an agency that is not

17         the employer of the individual whom the

18         information concerns, has exempt status, rather

19         than being confidential; providing an exception

20         for recorded deeds for real property; providing

21         an effective date.

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

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

26  119.07, Florida Statutes, as amended by section 1 of chapter

27  2001-364, Laws of Florida, is amended to read:

28         119.07  Inspection, examination, and duplication of

29  records; exemptions.--

30         (3)

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    Florida Senate - 2002                                  SB 2258
    15-1141-02




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

  2  security numbers, and photographs of active or former law

  3  enforcement personnel, including correctional and correctional

  4  probation officers, personnel of the Department of Children

  5  and Family Services whose duties include the investigation of

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

  7  activities, personnel of the Department of Health whose duties

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

  9  and personnel of the Department of Revenue or local

10  governments whose responsibilities include revenue collection

11  and enforcement or child support enforcement; the home

12  addresses, telephone numbers, social security numbers,

13  photographs, and places of employment of the spouses and

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

15  schools and day care facilities attended by the children of

16  such personnel are exempt from the provisions of subsection

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

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

19  addresses, telephone numbers, photographs, and places of

20  employment of the spouses and children of such firefighters;

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

22  attended by the children of such firefighters are exempt from

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

24  justices of the Supreme Court, district court of appeal

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

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

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

28  and locations of schools and day care facilities attended by

29  the children of justices and judges are exempt from the

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

31  numbers, social security numbers, and photographs of current

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    Florida Senate - 2002                                  SB 2258
    15-1141-02




  1  or former state attorneys, assistant state attorneys,

  2  statewide prosecutors, or assistant statewide prosecutors; the

  3  home addresses, telephone numbers, social security numbers,

  4  photographs, and places of employment of the spouses and

  5  children of current or former state attorneys, assistant state

  6  attorneys, statewide prosecutors, or assistant statewide

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

  8  care facilities attended by the children of current or former

  9  state attorneys, assistant state attorneys, statewide

10  prosecutors, or assistant statewide prosecutors are exempt

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

12  Constitution.

13         2.  The home addresses, telephone numbers, social

14  security numbers, and photographs of current or former human

15  resource, labor relations, or employee relations directors,

16  assistant directors, managers, or assistant managers of any

17  local government agency or water management district whose

18  duties include hiring and firing employees, labor contract

19  negotiation, administration, or other personnel-related

20  duties; the names, home addresses, telephone numbers, social

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

22  spouses and children of such personnel; and the names and

23  locations of schools and day care facilities attended by the

24  children of such personnel are exempt from subsection (1) and

25  s. 24(a), Art. I of the State Constitution. This subparagraph

26  is subject to the Open Government Sunset Review Act of 1995 in

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

28  2, 2006, unless reviewed and saved from repeal through

29  reenactment by the Legislature.

30         3.  The home addresses, telephone numbers, social

31  security numbers, and photographs of current or former code

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    Florida Senate - 2002                                  SB 2258
    15-1141-02




  1  enforcement officers; the names, home addresses, telephone

  2  numbers, social security numbers, photographs, and places of

  3  employment of the spouses and children of such persons; and

  4  the names and locations of schools and day care facilities

  5  attended by the children of such persons are exempt from

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

  7  This subparagraph is subject to the Open Government Sunset

  8  Review Act of 1995 in accordance with s. 119.15, and shall

  9  stand repealed on October 2, 2006, unless reviewed and saved

10  from repeal through reenactment by the Legislature.

11         4.  An agency that is the custodian of the personal

12  information specified in subparagraph 1., subparagraph 2., or

13  subparagraph 3. and that is not the employer of the officer,

14  employee, justice, judge, or other person specified in

15  subparagraph 1., subparagraph 2., or subparagraph 3. shall

16  maintain the exempt status confidentiality of the personal

17  information only if the officer, employee, justice, judge,

18  other person, or employing agency of the designated employee

19  submits a written request for maintenance of the exemption

20  confidentiality to the custodial agency. However, recorded

21  deeds for real property may not be exempted under this

22  subparagraph.

23         Section 2.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 2258
    15-1141-02




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  2                          SENATE SUMMARY

  3    Revises the exemption from the public-records law of
      specified information concerning law enforcement
  4    personnel, personnel of the Department of Children and
      Family Services whose duties include investigating
  5    certain criminal activities, personnel of the Department
      of Health whose duties include supporting the
  6    investigation of child abuse or neglect, and personnel of
      the Department of Revenue or local governments who are
  7    responsible for revenue collection and enforcement or
      child support enforcement and information concerning the
  8    spouses and children of such personnel. Provides that
      such information, when held by an agency that is not the
  9    employer of the individual whom the information concerns,
      has exempt status, rather than being confidential.
10    Provides an exception for recorded deeds for real
      property, which are to remain public records.
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