Senate Bill sb2416c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 2416

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2321-02

  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 are

  6         exempt from s. 119.07(1), F.S., and s. 24(a),

  7         Art. I of the State Constitution; providing a

  8         statement of public necessity; providing for

  9         future legislative review and repeal; providing

10         an effective date.

11  

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

13  

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

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

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

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

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

21  and home telephone number of a public employee are exempt from

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

23  An agency may provide such addresses or phone numbers to a

24  bargaining agent as defined in s. 447.203 or to an employee

25  organization for official business use. This paragraph is

26  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27  accordance with s. 119.15, and shall stand repealed on October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, 2007, unless reviewed and saved from repeal through

29  reenactment by the Legislature.

30         Section 2.  The Legislature finds that personal

31  information concerning public employees, such as home

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 2416
    302-2321-02




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

  2  public employer reveal private information of a sensitive

  3  nature. The Legislature finds that public employers use such

  4  information primarily for recordkeeping, administrative

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

  6  duties or responsibilities. Accordingly, the disclosure of

  7  such information to third parties does not serve an official

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

  9  information may be used for unwanted marketing purposes; to

10  locate or intimidate public employees or their family members;

11  to create false identities; to attempt to influence public

12  employees in the performance of their public duties and

13  responsibilities; or for other undesired, harmful, or

14  fraudulent purposes. Similar information held by a private

15  employer is not subject to public inspection and the privacy

16  interests of public employees and their families should not be

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

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

19  public necessity to provide public employees and their

20  families with the same level of privacy and protection from

21  unwanted intrusion which is provided to employees in the

22  private sector.

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

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 2416

27                                 

28  Removes portion of bill prohibiting provision of agency
    employees' name, addresses and phone numbers in aggregate.
29  
    Makes name, addresses and phone numbers exempt.
30  
    Removes provision permitting review of personnel record
31  information by separate written request for a named
    individual.
                                  2

CODING: Words stricken are deletions; words underlined are additions.