1 | A bill to be entitled |
2 | An act relating to a public records exemption; amending s. |
3 | 119.07, F.S.; creating an exemption from public records |
4 | requirements for the home addresses, telephone numbers, |
5 | social security numbers, and photographs of active or |
6 | former emergency medical technicians or paramedics |
7 | certified in compliance with chapter 401, the home |
8 | addresses, telephone numbers, social security numbers, |
9 | photographs, and places of employment of the spouses and |
10 | children of such emergency medical technicians and |
11 | paramedics, and the names and locations of schools and day |
12 | care facilities attended by the children of such emergency |
13 | medical technicians and paramedics; providing for future |
14 | review and repeal; providing a statement of public |
15 | necessity; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Paragraph (i) of subsection (3) of section |
20 | 119.07, Florida Statutes, is amended to read: |
21 | 119.07 Inspection, examination, and duplication of |
22 | records; exemptions.-- |
23 | (3) |
24 | (i)1. The home addresses, telephone numbers, social |
25 | security numbers, and photographs of active or former law |
26 | enforcement personnel, including correctional and correctional |
27 | probation officers, personnel of the Department of Children and |
28 | Family Services whose duties include the investigation of abuse, |
29 | neglect, exploitation, fraud, theft, or other criminal |
30 | activities, personnel of the Department of Health whose duties |
31 | are to support the investigation of child abuse or neglect, and |
32 | personnel of the Department of Revenue or local governments |
33 | whose responsibilities include revenue collection and |
34 | enforcement or child support enforcement; the home addresses, |
35 | telephone numbers, social security numbers, photographs, and |
36 | places of employment of the spouses and children of such |
37 | personnel; and the names and locations of schools and day care |
38 | facilities attended by the children of such personnel are exempt |
39 | from the provisions of subsection (1). The home addresses, |
40 | telephone numbers, and photographs of firefighters certified in |
41 | compliance with s. 633.35; the home addresses, telephone |
42 | numbers, photographs, and places of employment of the spouses |
43 | and children of such firefighters; and the names and locations |
44 | of schools and day care facilities attended by the children of |
45 | such firefighters are exempt from subsection (1). The home |
46 | addresses and telephone numbers of justices of the Supreme |
47 | Court, district court of appeal judges, circuit court judges, |
48 | and county court judges; the home addresses, telephone numbers, |
49 | and places of employment of the spouses and children of justices |
50 | and judges; and the names and locations of schools and day care |
51 | facilities attended by the children of justices and judges are |
52 | exempt from the provisions of subsection (1). The home |
53 | addresses, telephone numbers, social security numbers, and |
54 | photographs of current or former state attorneys, assistant |
55 | state attorneys, statewide prosecutors, or assistant statewide |
56 | prosecutors; the home addresses, telephone numbers, social |
57 | security numbers, photographs, and places of employment of the |
58 | spouses and children of current or former state attorneys, |
59 | assistant state attorneys, statewide prosecutors, or assistant |
60 | statewide prosecutors; and the names and locations of schools |
61 | and day care facilities attended by the children of current or |
62 | former state attorneys, assistant state attorneys, statewide |
63 | prosecutors, or assistant statewide prosecutors are exempt from |
64 | subsection (1) and s. 24(a), Art. I of the State Constitution. |
65 | 2. The home addresses, telephone numbers, social security |
66 | numbers, and photographs of current or former human resource, |
67 | labor relations, or employee relations directors, assistant |
68 | directors, managers, or assistant managers of any local |
69 | government agency or water management district whose duties |
70 | include hiring and firing employees, labor contract negotiation, |
71 | administration, or other personnel-related duties; the names, |
72 | home addresses, telephone numbers, social security numbers, |
73 | photographs, and places of employment of the spouses and |
74 | children of such personnel; and the names and locations of |
75 | schools and day care facilities attended by the children of such |
76 | personnel are exempt from subsection (1) and s. 24(a), Art. I of |
77 | the State Constitution. This subparagraph is subject to the Open |
78 | Government Sunset Review Act of 1995 in accordance with s. |
79 | 119.15, and shall stand repealed on October 2, 2006, unless |
80 | reviewed and saved from repeal through reenactment by the |
81 | Legislature. |
82 | 3. The home addresses, telephone numbers, social security |
83 | numbers, and photographs of current or former code enforcement |
84 | officers; the names, home addresses, telephone numbers, social |
85 | security numbers, photographs, and places of employment of the |
86 | spouses and children of such persons; and the names and |
87 | locations of schools and day care facilities attended by the |
88 | children of such persons are exempt from subsection (1) and s. |
89 | 24(a), Art. I of the State Constitution. This subparagraph is |
90 | subject to the Open Government Sunset Review Act of 1995 in |
91 | accordance with s. 119.15, and shall stand repealed on October |
92 | 2, 2006, unless reviewed and saved from repeal through |
93 | reenactment by the Legislature. |
94 | 4.a. The home addresses, telephone numbers, social |
95 | security numbers, and photographs of active or former emergency |
96 | medical technicians or paramedics certified in compliance with |
97 | chapter 401; the home addresses, telephone numbers, social |
98 | security numbers, photographs, and places of employment of the |
99 | spouses and children of such emergency medical technicians and |
100 | paramedics; and the names and locations of schools and day care |
101 | facilities attended by children of such emergency medical |
102 | technicians and paramedics are exempt from subsection (1) and s. |
103 | 24(a), Art. I of the State Constitution. |
104 | b. This subparagraph is subject to the Open Government |
105 | Sunset Review Act of 1995 in accordance with s. 119.15 and shall |
106 | stand repealed on October 2, 2009, unless reviewed and saved |
107 | from repeal through reenactment by the Legislature. |
108 | 5.4. An agency that is the custodian of the personal |
109 | information specified in subparagraph 1., subparagraph 2., or |
110 | subparagraph 3., or subparagraph 4. and that is not the employer |
111 | of the officer, employee, justice, judge, or other person |
112 | specified in subparagraph 1., subparagraph 2., or subparagraph |
113 | 3., or subparagraph 4. shall maintain the confidentiality of the |
114 | personal information only if the officer, employee, justice, |
115 | judge, other person, or employing agency of the designated |
116 | employee submits a written request for confidentiality to the |
117 | custodial agency. |
118 | Section 2. The Legislature finds that it is a public |
119 | necessity that the home addresses, telephone numbers, social |
120 | security numbers, and photographs of active or former emergency |
121 | medical technicians or paramedics certified in compliance with |
122 | chapter 401, Florida Statutes, the home addresses, telephone |
123 | numbers, social security numbers, photographs, and places of |
124 | employment of the spouses and the children of such emergency |
125 | medical technicians and paramedics, and the names and locations |
126 | of schools and day care facilities attended by children of such |
127 | emergency medical technicians and paramedics be held exempt from |
128 | public disclosure. Emergency medical technicians and paramedics |
129 | provide a valuable service to the community. They interact with |
130 | victims of illness or violence every day of their careers. |
131 | Emergency medical technicians and paramedics must respond to all |
132 | types of emergencies and are required to provide services to |
133 | varying populations at varying locales. The capacity in which |
134 | they work with injured or ill victims does not always create |
135 | good will. A victim who experiences a negative outcome due to |
136 | medical treatment could feel ill will towards an emergency |
137 | medical technician or paramedic. An ill or injured person might |
138 | not agree with the course of treatment such person receives from |
139 | an emergency medical technician or paramedic. As such, |
140 | emergency medical technicians or paramedics, or the spouses and |
141 | children of such technicians or paramedics, could become |
142 | potential targets for acts of revenge. In addition, emergency |
143 | medical technicians and paramedics are called as witnesses in |
144 | court proceedings for crimes such as arson. The testimony of a |
145 | technician or paramedic could create a safety risk. Therefore, |
146 | if the information specified in this act continues to be |
147 | available to the public, the safety and welfare of emergency |
148 | medical technicians and paramedics, and their spouses and |
149 | children, could be seriously jeopardized. Accordingly, it is a |
150 | public necessity that identifying and location information of |
151 | such technicians and paramedics, and their spouses and children, |
152 | be made exempt from public disclosure. |
153 | Section 3. This act shall take effect upon becoming a law. |