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