HB 1281

1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; creating an exemption from public records
4	requirements; providing for the confidentiality of
5	personal identifying information contained in records of
6	current or former county attorneys, assistant county
7	attorneys, municipal attorneys, and assistant municipal
8	attorneys responsible for prosecuting violations of local
9	codes and ordinances, and the spouses and children of
10	those attorneys; providing for review and repeal;
11	providing a statement of public necessity; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (i) of subsection (3) of section
17	119.07, Florida Statutes, is amended to read:
18	119.07  Inspection, examination, and duplication of
19	records; exemptions.--
20	(3)
21	(i)1.  The home addresses, telephone numbers, social
22	security numbers, and photographs of active or former law
23	enforcement personnel, including correctional and correctional
24	probation officers, personnel of the Department of Children and
25	Family Services whose duties include the investigation of abuse,
26	neglect, exploitation, fraud, theft, or other criminal
27	activities, personnel of the Department of Health whose duties
28	are to support the investigation of child abuse or neglect, and
29	personnel of the Department of Revenue or local governments
30	whose responsibilities include revenue collection and
31	enforcement or child support enforcement; the home addresses,
32	telephone numbers, social security numbers, photographs, and
33	places of employment of the spouses and children of such
34	personnel; and the names and locations of schools and day care
35	facilities attended by the children of such personnel are exempt
36	from the provisions of subsection (1). The home addresses,
37	telephone numbers, and photographs of firefighters certified in
38	compliance with s. 633.35; the home addresses, telephone
39	numbers, photographs, and places of employment of the spouses
40	and children of such firefighters; and the names and locations
41	of schools and day care facilities attended by the children of
42	such firefighters are exempt from subsection (1). The home
43	addresses and telephone numbers of justices of the Supreme
44	Court, district court of appeal judges, circuit court judges,
45	and county court judges; the home addresses, telephone numbers,
46	and places of employment of the spouses and children of justices
47	and judges; and the names and locations of schools and day care
48	facilities attended by the children of justices and judges are
49	exempt from the provisions of subsection (1). The home
50	addresses, telephone numbers, social security numbers, and
51	photographs of current or former state attorneys, assistant
52	state attorneys, statewide prosecutors, or assistant statewide
53	prosecutors; the home addresses, telephone numbers, social
54	security numbers, photographs, and places of employment of the
55	spouses and children of current or former state attorneys,
56	assistant state attorneys, statewide prosecutors, or assistant
57	statewide prosecutors; and the names and locations of schools
58	and day care facilities attended by the children of current or
59	former state attorneys, assistant state attorneys, statewide
60	prosecutors, or assistant statewide prosecutors are exempt from
61	subsection (1) and s. 24(a), Art. I of the State Constitution.
62	2.  The home addresses, telephone numbers, social security
63	numbers, and photographs of current or former human resource,
64	labor relations, or employee relations directors, assistant
65	directors, managers, or assistant managers of any local
66	government agency or water management district whose duties
67	include hiring and firing employees, labor contract negotiation,
68	administration, or other personnel-related duties; the names,
69	home addresses, telephone numbers, social security numbers,
70	photographs, and places of employment of the spouses and
71	children of such personnel; and the names and locations of
72	schools and day care facilities attended by the children of such
73	personnel are exempt from subsection (1) and s. 24(a), Art. I of
74	the State Constitution. This subparagraph is subject to the Open
75	Government Sunset Review Act of 1995 in accordance with s.
76	119.15, and shall stand repealed on October 2, 2006, unless
77	reviewed and saved from repeal through reenactment by the
78	Legislature.
79	3.  The home addresses, telephone numbers, social security
80	numbers, and photographs of current or former code enforcement
81	officers; the names, home addresses, telephone numbers, social
82	security numbers, photographs, and places of employment of the
83	spouses and children of such persons; and the names and
84	locations of schools and day care facilities attended by the
85	children of such persons are exempt from subsection (1) and s.
86	24(a), Art. I of the State Constitution. This subparagraph is
87	subject to the Open Government Sunset Review Act of 1995 in
88	accordance with s. 119.15, and shall stand repealed on October
89	2, 2006, unless reviewed and saved from repeal through
90	reenactment by the Legislature.
91	4.  The home addresses, telephone numbers, social security
92	numbers, and photographs of current or former county attorneys,
93	assistant county attorneys, municipal attorneys, and assistant
94	municipal attorneys responsible for prosecuting violations of
95	local codes or ordinances; the names, home addresses, telephone
96	numbers, social security numbers, photographs, and places of
97	employment of the spouses and children of such persons; and the
98	names and locations of schools and day care facilities attended
99	by the children of such persons are exempt from subsection (1)
100	and s. 24(a), Art. I of the State Constitution. This
101	subparagraph is subject to the Open Government Sunset Review Act
102	of 1995 in accordance with s. 119.15 and shall stand repealed on
103	October 2, 2009, unless reviewed and saved from repeal through
104	reenactment by the Legislature.
105	5.4.  An agency that is the custodian of the personal
106	information specified in subparagraph 1., subparagraph 2., or
107	subparagraph 3., or subparagraph 4. and that is not the employer
108	of the officer, employee, justice, judge, or other person
109	specified in subparagraph 1., subparagraph 2., or subparagraph
110	3., or subparagraph 4. shall maintain the confidentiality of the
111	personal information only if the officer, employee, justice,
112	judge, other person, or employing agency of the designated
113	employee submits a written request for confidentiality to the
114	custodial agency.
115	Section 2.  The Legislature finds that the public records
116	exemption created by this act is a public necessity in order to
117	ensure the safety of current or former county attorneys,
118	assistant county attorneys, municipal attorneys, and assistant
119	municipal attorneys responsible for prosecuting violations of
120	local codes or ordinances, and the families of these attorneys.
121	If this information concerning these attorneys or their family
122	members were made publicly available, the ability of persons who
123	desire to harm these attorneys or their families would be
124	increased. Attorneys prosecuting violations of local codes or
125	ordinances and their family members should not be subject to
126	harassment or potential harm from individuals alleged to have
127	violated such codes or ordinances. Consequently, the Legislature
128	finds that the public records exemption created by this act is a
129	public necessity.
130	Section 3.  This act shall take effect October 1, 2004.

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