HB 0123 2003
1	A bill to be entitled
2	An act relating to exemption from public records
3	requirements; amending s. 119.07, F.S.; providing an
4	exemption from public records requirements for electronic
5	mail addresses, cellular telephone numbers, electronic
6	pager numbers, specified identification numbers and access
7	codes, and the billing records of such addresses, numbers,
8	identification numbers, and access codes of active or
9	former law enforcement personnel, including correctional
10	and correctional probation officers, and specified
11	personnel of the Department of Children and Family
12	Services, the Department of Health, the Department of
13	Revenue, and local governments; providing for future
14	review and repeal of the exemption; providing a statement
15	of public necessity; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Paragraph (i) of subsection (3) of section
20	119.07, Florida Statutes, is amended to read:
21	119.07 Inspection, examination, and duplication of
22	records; exemptions.--
23	(3)
24	(i)1. The home addresses,electronic mail addresses and
25	the billing records of such electronic mail addresses,telephone
26	numbers,cellular telephone numbers, including the number of a
27	cellular telephone issued by an employing agency and used in the
28	course of employment in this state, and the billing records of
29	such cellular telephone numbers, electronic pager numbers and
30	the billing records of such electronic pager numbers, user-
31	specific electronic identification numbers or access codes for
32	any electronic communications device issued by an employing
33	agency and used in the course of employment in this state and
34	the billing records of such identification numbers or access
35	codes,social security numbers, and photographs of active or
36	former law enforcement personnel, including correctional and
37	correctional probation officers, personnel of the Department of
38	Children and Family Services whose duties include the
39	investigation of abuse, neglect, exploitation, fraud, theft, or
40	other criminal activities, personnel of the Department of Health
41	whose duties are to support the investigation of child abuse or
42	neglect, and personnel of the Department of Revenue or local
43	governments whose responsibilities include revenue collection
44	and enforcement or child support enforcement; the home
45	addresses, telephone numbers, social security numbers,
46	photographs, and places of employment of the spouses and
47	children of such personnel; and the names and locations of
48	schools and day care facilities attended by the children of such
49	personnel are exempt from the provisions of subsection (1). The
50	home addresses, telephone numbers, and photographs of
51	firefighters certified in compliance with s. 633.35; the home
52	addresses, telephone numbers, photographs, and places of
53	employment of the spouses and children of such firefighters; and
54	the names and locations of schools and day care facilities
55	attended by the children of such firefighters are exempt from
56	subsection (1). The home addresses and telephone numbers of
57	justices of the Supreme Court, district court of appeal judges,
58	circuit court judges, and county court judges; the home
59	addresses, telephone numbers, and places of employment of the
60	spouses and children of justices and judges; and the names and
61	locations of schools and day care facilities attended by the
62	children of justices and judges are exempt from the provisions
63	of subsection (1). The home addresses, telephone numbers, social
64	security numbers, and photographs of current or former state
65	attorneys, assistant state attorneys, statewide prosecutors, or
66	assistant statewide prosecutors; the home addresses, telephone
67	numbers, social security numbers, photographs, and places of
68	employment of the spouses and children of current or former
69	state attorneys, assistant state attorneys, statewide
70	prosecutors, or assistant statewide prosecutors; and the names
71	and locations of schools and day care facilities attended by the
72	children of current or former state attorneys, assistant state
73	attorneys, statewide prosecutors, or assistant statewide
74	prosecutors are exempt from subsection (1) and s. 24(a), Art. I
75	of the State Constitution.This subparagraph is subject to the
76	Open Government Sunset Review Act of 1995 in accordance with s.
77	119.15, and shall stand repealed on October 2, 2008, unless
78	reviewed and saved from repeal through reenactment by the
79	Legislature.
80	2. The home addresses, telephone numbers, social security
81	numbers, and photographs of current or former human resource,
82	labor relations, or employee relations directors, assistant
83	directors, managers, or assistant managers of any local
84	government agency or water management district whose duties
85	include hiring and firing employees, labor contract negotiation,
86	administration, or other personnel-related duties; the names,
87	home addresses, telephone numbers, social security numbers,
88	photographs, and places of employment of the spouses and
89	children of such personnel; and the names and locations of
90	schools and day care facilities attended by the children of such
91	personnel are exempt from subsection (1) and s. 24(a), Art. I of
92	the State Constitution. This subparagraph is subject to the Open
93	Government Sunset Review Act of 1995 in accordance with s.
94	119.15, and shall stand repealed on October 2, 2006, unless
95	reviewed and saved from repeal through reenactment by the
96	Legislature.
97	3. The home addresses, telephone numbers, social security
98	numbers, and photographs of current or former code enforcement
99	officers; the names, home addresses, telephone numbers, social
100	security numbers, photographs, and places of employment of the
101	spouses and children of such persons; and the names and
102	locations of schools and day care facilities attended by the
103	children of such persons are exempt from subsection (1) and s.
104	24(a), Art. I of the State Constitution. This subparagraph is
105	subject to the Open Government Sunset Review Act of 1995 in
106	accordance with s. 119.15, and shall stand repealed on October
107	2, 2006, unless reviewed and saved from repeal through
108	reenactment by the Legislature.
109	4. An agency that is the custodian of the personal
110	information specified in subparagraph 1., subparagraph 2., or
111	subparagraph 3. and that is not the employer of the officer,
112	employee, justice, judge, or other person specified in
113	subparagraph 1., subparagraph 2., or subparagraph 3. shall
114	maintain the confidentiality of the personal information only if
115	the officer, employee, justice, judge, other person, or
116	employing agency of the designated employee submits a written
117	request for confidentiality to the custodial agency.
118	Section 2.The Legislature finds that the exemption from
119	public records requirements provided by this act is a public
120	necessity because law enforcement officers and former law
121	enforcement officers can be identified as such by connecting
122	them with electronic mail addresses, cellular telephone numbers,
123	electronic pager numbers, user-specific identification numbers
124	or access codes for electronic communications devices that are
125	or have been used in the course of their employment, and the
126	billing records of such addresses, numbers, identification
127	numbers, or access codes. The identification of law enforcement
128	officers through such addresses, numbers, identification
129	numbers, and access codes and the billing records of such
130	addresses, numbers and codes can compromise investigations,
131	undermine law enforcement officers’ ability to apprehend
132	suspects, and compromise the physical safety of law enforcement
133	officers. With respect to former law enforcement officers, such
134	addresses, numbers, and access codes and the billing records of
135	such addresses, numbers and access codes, if made public, could
136	also jeopardize ongoing investigations, law enforcement
137	informers and contacts, and the safety of former law enforcement
138	officers because such addresses, numbers, and access codes could
139	be used to connect a former law enforcement officer to an
140	investigation. Consequently, the Legislature finds that
141	electronic mail addresses, cellular telephone numbers,
142	electronic pager numbers, user-specific identification numbers
143	or access codes for electronic communications devices that are
144	or have been used in the course of employment of law enforcement
145	officers and former law enforcement officers, and the billing
146	records of such addresses, numbers, identification numbers, and
147	access codes must be exempt from public records requirements.
148	Section 3. This act shall take effect upon becoming a law.
149