Senate Bill sb2416

    Florida Senate - 2002                                  SB 2416

    By Senator Garcia





    39-1692-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing that the home mailing

  4         addresses, physical home addresses, and home

  5         telephone numbers of public employees in a

  6         compiled or list form are exempt from s.

  7         119.07(1), F.S., and s. 24(a), Art. I of the

  8         State Constitution; providing for such

  9         disclosure with respect to a named individual

10         by a separate written request; providing a

11         statement of public necessity; providing for

12         future legislative review and repeal; providing

13         an effective date.

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

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

18  of section 119.07, Florida Statutes, as amended by section 1

19  of chapter 2001-364, Laws of Florida, to read:

20         119.07  Inspection, examination, and duplication of

21  records; exemptions.--

22         (3)

23         (ee)  The home mailing address, physical home address,

24  and home telephone number of a public employee are

25  confidential and exempt from subsection (1) and s. 24(a), Art.

26  I of the State Constitution to the extent that a governmental

27  agency may not provide such addresses or phone numbers in

28  aggregate, compiled, or list form to any person, except to a

29  public agency engaged in official business. However, a

30  governmental agency may provide such addresses or phone

31  numbers to a bargaining agent as defined in s. 447.203 or to

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    Florida Senate - 2002                                  SB 2416
    39-1692-02




  1  an employee organization for official business use. A list of

  2  such addresses or phone numbers may be exchanged by public

  3  agencies, but such lists may not be provided to, and are not

  4  open for inspection by, the public. Any person may view or

  5  copy an individual's personnel records at the employee's

  6  employing agency, one record at a time, or may obtain

  7  information by a separate written request for a named

  8  individual for whom information is desired. This paragraph is

  9  subject to the Open Government Sunset Review Act of 1995 in

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

11  2, 2007, unless reviewed and saved from repeal through

12  reenactment by the Legislature.

13         Section 2.  The Legislature finds that personal

14  information concerning public employees, such as home

15  addresses and home telephone numbers, which are held by a

16  public employer reveal private information of a sensitive

17  nature. The Legislature finds that public employers use such

18  information primarily for recordkeeping, administrative

19  purposes, or other purposes unrelated to an employee's public

20  duties or responsibilities. Accordingly, the disclosure of

21  such information to third parties does not serve an official

22  public purpose. In addition, the Legislature finds that such

23  information may be used for unwanted marketing purposes; to

24  locate or intimidate public employees or their family members;

25  to create false identities; to attempt to influence public

26  employees in the performance of their public duties and

27  responsibilities; or for other undesired, harmful, or

28  fraudulent purposes. Similar information held by a private

29  employer is not subject to public inspection and the privacy

30  interests of public employees and their families should not be

31  subject to a lower standard of protection than those of the

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    Florida Senate - 2002                                  SB 2416
    39-1692-02




  1  private sector. Therefore, the Legislature finds it is a

  2  public necessity to provide public employees and their

  3  families with the same level of privacy and protection from

  4  unwanted intrusion which is provided to employees in the

  5  private sector.

  6         Section 3.  This act shall take effect July 1, 2002.

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  9                          SENATE SUMMARY

10    Exempts from disclosure under public-records requirements
      the home mailing addresses, physical home addresses, and
11    home telephone numbers of public employees in a compiled
      or list form. Authorizes such disclosure with respect to
12    a single employee pursuant to written request. Provides
      for legislative review and repeal under the Open
13    Government Sunset Review Act.

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