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