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

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