Senate Bill sb1460c1
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Florida Senate - 2004 CS for SB 1460
By the Committee on Governmental Oversight and Productivity;
and Senator Campbell
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1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; creating an exemption from
4 public-records requirements; providing for the
5 confidentiality of personal identifying
6 information contained in records of current or
7 former personnel of a crime laboratory or
8 medical examiner's office and their spouses and
9 children; providing for future repeal and
10 legislative review under the Open Government
11 Sunset Review Act of 1995; providing a
12 statement of public necessity; providing an
13 effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (i) of subsection (3) of section
18 119.07, Florida Statutes, is amended to read:
19 119.07 Inspection, examination, and duplication of
20 records; exemptions.--
21 (3)
22 (i)1. The home addresses, telephone numbers, social
23 security numbers, and photographs of active or former law
24 enforcement personnel, including correctional and correctional
25 probation officers, personnel of the Department of Children
26 and Family Services whose duties include the investigation of
27 abuse, neglect, exploitation, fraud, theft, or other criminal
28 activities, personnel of the Department of Health whose duties
29 are to support the investigation of child abuse or neglect,
30 and personnel of the Department of Revenue or local
31 governments whose responsibilities include revenue collection
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Florida Senate - 2004 CS for SB 1460
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1 and enforcement or child support enforcement; the home
2 addresses, telephone numbers, social security numbers,
3 photographs, and places of employment of the spouses and
4 children of such personnel; and the names and locations of
5 schools and day care facilities attended by the children of
6 such personnel are exempt from the provisions of subsection
7 (1). The home addresses, telephone numbers, and photographs of
8 firefighters certified in compliance with s. 633.35; the home
9 addresses, telephone numbers, photographs, and places of
10 employment of the spouses and children of such firefighters;
11 and the names and locations of schools and day care facilities
12 attended by the children of such firefighters are exempt from
13 subsection (1). The home addresses and telephone numbers of
14 justices of the Supreme Court, district court of appeal
15 judges, circuit court judges, and county court judges; the
16 home addresses, telephone numbers, and places of employment of
17 the spouses and children of justices and judges; and the names
18 and locations of schools and day care facilities attended by
19 the children of justices and judges are exempt from the
20 provisions of subsection (1). The home addresses, telephone
21 numbers, social security numbers, and photographs of current
22 or former state attorneys, assistant state attorneys,
23 statewide prosecutors, or assistant statewide prosecutors; the
24 home addresses, telephone numbers, social security numbers,
25 photographs, and places of employment of the spouses and
26 children of current or former state attorneys, assistant state
27 attorneys, statewide prosecutors, or assistant statewide
28 prosecutors; and the names and locations of schools and day
29 care facilities attended by the children of current or former
30 state attorneys, assistant state attorneys, statewide
31 prosecutors, or assistant statewide prosecutors are exempt
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Florida Senate - 2004 CS for SB 1460
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1 from subsection (1) and s. 24(a), Art. I of the State
2 Constitution.
3 2. The home addresses, telephone numbers, social
4 security numbers, and photographs of current or former human
5 resource, labor relations, or employee relations directors,
6 assistant directors, managers, or assistant managers of any
7 local government agency or water management district whose
8 duties include hiring and firing employees, labor contract
9 negotiation, administration, or other personnel-related
10 duties; the names, home addresses, telephone numbers, social
11 security numbers, photographs, and places of employment of the
12 spouses and children of such personnel; and the names and
13 locations of schools and day care facilities attended by the
14 children of such personnel are exempt from subsection (1) and
15 s. 24(a), Art. I of the State Constitution. This subparagraph
16 is subject to the Open Government Sunset Review Act of 1995 in
17 accordance with s. 119.15, and shall stand repealed on October
18 2, 2006, unless reviewed and saved from repeal through
19 reenactment by the Legislature.
20 3. The home addresses, telephone numbers, social
21 security numbers, and photographs of current or former code
22 enforcement officers; the names, home addresses, telephone
23 numbers, social security numbers, photographs, and places of
24 employment of the spouses and children of such persons; and
25 the names and locations of schools and day care facilities
26 attended by the children of such persons are exempt from
27 subsection (1) and s. 24(a), Art. I of the State Constitution.
28 This subparagraph is subject to the Open Government Sunset
29 Review Act of 1995 in accordance with s. 119.15, and shall
30 stand repealed on October 2, 2006, unless reviewed and saved
31 from repeal through reenactment by the Legislature.
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Florida Senate - 2004 CS for SB 1460
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1 4.a. The home addresses, telephone numbers, social
2 security numbers, and photographs of current or former
3 personnel of a crime laboratory or medical examiner's office;
4 the names, home addresses, telephone numbers, social security
5 numbers, photographs, and places of employment of spouses and
6 children of current or former personnel of a crime laboratory
7 or medical examiner's office; and the names and locations of
8 schools and day care facilities attended by children of
9 current or former personnel of a crime laboratory or medical
10 examiner's office are exempt from subsection (1) and s. 24(a),
11 Art. I of the State Constitution. For purposes of this
12 sub-subparagraph, personnel of a crime laboratory or medical
13 examiner's office are defined as personnel whose primary
14 duties or responsibilities include performing laboratory and
15 analytical work in criminal identification and investigation;
16 photographing crime scenes; classifying, evaluating, and
17 identifying fingerprints; or supervising one or more persons
18 who have those duties or responsibilities.
19 b. Sub-subparagraph a. is subject to the Open
20 Government Sunset Review Act of 1995 in accordance with s.
21 119.15, and shall stand repealed on October 2, 2009, unless
22 reviewed and saved from repeal through reenactment by the
23 Legislature.
24 5.4. An agency that is the custodian of the personal
25 information specified in subparagraph 1., subparagraph 2., or
26 subparagraph 3., or subparagraph 4. and that is not the
27 employer of the officer, employee, justice, judge, or other
28 person specified in subparagraph 1., subparagraph 2., or
29 subparagraph 3., or subparagraph 4. shall maintain the
30 confidentiality of the personal information only if the
31 officer, employee, justice, judge, other person, or employing
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1 agency of the designated employee submits a written request
2 for confidentiality to the custodial agency.
3 Section 2. The Legislature finds that the exemption
4 from public-records requirements provided by this act for
5 identifying information relating to current and former
6 personnel of a crime laboratory or medical examiner's office
7 and their families is a public necessity. Personnel of a crime
8 laboratory or medical examiner's office are often called upon
9 to provide their professional opinion regarding the manner of
10 death of a victim of crime. The opinions they render may lead
11 to the conviction of the accused, which leads to the accused's
12 incarceration or execution. As a result, the current and
13 former personnel could be targeted for revenge by the family
14 or friends of the person who was convicted. Further, persons
15 who might seek revenge against current or former personnel of
16 a crime laboratory or medical examine's office could also
17 target the family members of these personnel. If identifying
18 information of current or former personnel of a crime
19 laboratory or medical examiner's office or their family
20 members is not made exempt from public-records requirements,
21 it would be much easier for persons with an intent to seek
22 revenge to locate these personnel and their families and cause
23 them harm. Thus, the Legislature finds that it is a public
24 necessity to exempt from disclosure the home addresses,
25 telephone numbers, social security numbers, and photographs of
26 current and former personnel of a crime laboratory or medical
27 examiner's office; the names, home addresses, telephone
28 numbers, social security numbers, photographs, and places of
29 employment of their spouses and children; and the names and
30 locations of schools and day care facilities attended by the
31 children of such personnel.
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Florida Senate - 2004 CS for SB 1460
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1 Section 3. This act shall take effect October 1, 2004.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 SB 1460
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6 Modifies the statement of public necessity to explicate the
reasoning in support of the exemption.
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