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, upon written request |
14 | by the emergency medical technician or paramedic, which |
15 | must include official verification that the emergency |
16 | medical technician or paramedic has received a work- |
17 | related threat to his or her life, health, or safety or to |
18 | the life, health, or safety of a member of his or her |
19 | family; providing for future review and repeal; providing |
20 | a statement of public necessity; providing an effective |
21 | date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Paragraph (i) of subsection (3) of section |
26 | 119.07, Florida Statutes, is amended to read: |
27 | 119.07 Inspection, examination, and duplication of |
28 | records; exemptions.-- |
29 | (3) |
30 | (i)1. The home addresses, telephone numbers, social |
31 | security numbers, and photographs of active or former law |
32 | enforcement personnel, including correctional and correctional |
33 | probation officers, personnel of the Department of Children and |
34 | Family Services whose duties include the investigation of abuse, |
35 | neglect, exploitation, fraud, theft, or other criminal |
36 | activities, personnel of the Department of Health whose duties |
37 | are to support the investigation of child abuse or neglect, and |
38 | personnel of the Department of Revenue or local governments |
39 | whose responsibilities include revenue collection and |
40 | enforcement or child support enforcement; the home addresses, |
41 | telephone numbers, social security numbers, photographs, and |
42 | places of employment of the spouses and children of such |
43 | personnel; and the names and locations of schools and day care |
44 | facilities attended by the children of such personnel are exempt |
45 | from the provisions of subsection (1). The home addresses, |
46 | telephone numbers, and photographs of firefighters certified in |
47 | compliance with s. 633.35; the home addresses, telephone |
48 | numbers, photographs, and places of employment of the spouses |
49 | and children of such firefighters; and the names and locations |
50 | of schools and day care facilities attended by the children of |
51 | such firefighters are exempt from subsection (1). The home |
52 | addresses and telephone numbers of justices of the Supreme |
53 | Court, district court of appeal judges, circuit court judges, |
54 | and county court judges; the home addresses, telephone numbers, |
55 | and places of employment of the spouses and children of justices |
56 | and judges; and the names and locations of schools and day care |
57 | facilities attended by the children of justices and judges are |
58 | exempt from the provisions of subsection (1). The home |
59 | addresses, telephone numbers, social security numbers, and |
60 | photographs of current or former state attorneys, assistant |
61 | state attorneys, statewide prosecutors, or assistant statewide |
62 | prosecutors; the home addresses, telephone numbers, social |
63 | security numbers, photographs, and places of employment of the |
64 | spouses and children of current or former state attorneys, |
65 | assistant state attorneys, statewide prosecutors, or assistant |
66 | statewide prosecutors; and the names and locations of schools |
67 | and day care facilities attended by the children of current or |
68 | former state attorneys, assistant state attorneys, statewide |
69 | prosecutors, or assistant statewide prosecutors are exempt from |
70 | subsection (1) and s. 24(a), Art. I of the State Constitution. |
71 | 2. The home addresses, telephone numbers, social security |
72 | numbers, and photographs of current or former human resource, |
73 | labor relations, or employee relations directors, assistant |
74 | directors, managers, or assistant managers of any local |
75 | government agency or water management district whose duties |
76 | include hiring and firing employees, labor contract negotiation, |
77 | administration, or other personnel-related duties; the names, |
78 | home addresses, telephone numbers, social security numbers, |
79 | photographs, and places of employment of the spouses and |
80 | children of such personnel; and the names and locations of |
81 | schools and day care facilities attended by the children of such |
82 | personnel are exempt from subsection (1) and s. 24(a), Art. I of |
83 | the State Constitution. This subparagraph is subject to the Open |
84 | Government Sunset Review Act of 1995 in accordance with s. |
85 | 119.15, and shall stand repealed on October 2, 2006, unless |
86 | reviewed and saved from repeal through reenactment by the |
87 | Legislature. |
88 | 3. The home addresses, telephone numbers, social security |
89 | numbers, and photographs of current or former code enforcement |
90 | officers; the names, home addresses, telephone numbers, social |
91 | security numbers, photographs, and places of employment of the |
92 | spouses and children of such persons; and the names and |
93 | locations of schools and day care facilities attended by the |
94 | children of such persons are exempt from subsection (1) and s. |
95 | 24(a), Art. I of the State Constitution. This subparagraph is |
96 | subject to the Open Government Sunset Review Act of 1995 in |
97 | accordance with s. 119.15, and shall stand repealed on October |
98 | 2, 2006, unless reviewed and saved from repeal through |
99 | reenactment by the Legislature. |
100 | 4.a. The home addresses, telephone numbers, social |
101 | security numbers, and photographs of active or former emergency |
102 | medical technicians or paramedics certified in compliance with |
103 | chapter 401; the home addresses, telephone numbers, social |
104 | security numbers, photographs, and places of employment of the |
105 | spouses and children of such emergency medical technicians and |
106 | paramedics; and the names and locations of schools and day care |
107 | facilities attended by children of such emergency medical |
108 | technicians and paramedics are exempt from subsection (1) and s. |
109 | 24(a), Art. I of the State Constitution upon written request by |
110 | the emergency medical technician or paramedic, which must |
111 | include official verification that the emergency medical |
112 | technician or paramedic has received a work-related threat to |
113 | his or her life, health, or safety or to the life, health, or |
114 | safety of a member of his or her family. |
115 | b. This subparagraph is subject to the Open Government |
116 | Sunset Review Act of 1995 in accordance with s. 119.15 and shall |
117 | stand repealed on October 2, 2009, unless reviewed and saved |
118 | from repeal through reenactment by the Legislature. |
119 | 5.4. An agency that is the custodian of the personal |
120 | information specified in subparagraph 1., subparagraph 2., or |
121 | subparagraph 3., or subparagraph 4. and that is not the employer |
122 | of the officer, employee, justice, judge, or other person |
123 | specified in subparagraph 1., subparagraph 2., or subparagraph |
124 | 3., or subparagraph 4. shall maintain the confidentiality of the |
125 | personal information only if the officer, employee, justice, |
126 | judge, other person, or employing agency of the designated |
127 | employee submits a written request for confidentiality to the |
128 | custodial agency. |
129 | Section 2. The Legislature finds that it is a public |
130 | necessity that the home addresses, telephone numbers, social |
131 | security numbers, and photographs of active or former emergency |
132 | medical technicians or paramedics certified in compliance with |
133 | chapter 401, Florida Statutes, the home addresses, telephone |
134 | numbers, social security numbers, photographs, and places of |
135 | employment of the spouses and the children of such emergency |
136 | medical technicians and paramedics, and the names and locations |
137 | of schools and day care facilities attended by children of such |
138 | emergency medical technicians and paramedics be held exempt from |
139 | public disclosure upon written request by the emergency medical |
140 | technician or paramedic, which must include official |
141 | verification that the emergency medical technician or paramedic |
142 | has received a work-related threat to his or her life, health, |
143 | or safety or to the life, health, or safety of a member of his |
144 | or her family. Emergency medical technicians and paramedics |
145 | provide a valuable service to the community. They interact with |
146 | victims of illness or violence every day of their careers. |
147 | Emergency medical technicians and paramedics must respond to all |
148 | types of emergencies and are required to provide services to |
149 | varying populations at varying locales. The capacity in which |
150 | they work with injured or ill victims does not always create |
151 | good will. A victim who experiences a negative outcome due to |
152 | medical treatment could feel ill will towards an emergency |
153 | medical technician or paramedic. An ill or injured person might |
154 | not agree with the course of treatment such person receives from |
155 | an emergency medical technician or paramedic. As such, |
156 | emergency medical technicians or paramedics, or the spouses and |
157 | children of such technicians or paramedics, could become |
158 | potential targets for acts of revenge. In addition, emergency |
159 | medical technicians and paramedics are called as witnesses in |
160 | court proceedings for crimes such as arson. The testimony of a |
161 | technician or paramedic could create a safety risk. Therefore, |
162 | if the information specified in this act continues to be |
163 | available to the public, the safety and welfare of emergency |
164 | medical technicians and paramedics, and their spouses and |
165 | children, could be seriously jeopardized. Accordingly, it is a |
166 | public necessity that identifying and location information of |
167 | such technicians and paramedics, and their spouses and children, |
168 | be made exempt from public disclosure upon written request by |
169 | the emergency medical technician or paramedic and official |
170 | verification that the emergency medical technician or paramedic |
171 | has received a work-related threat to his or her life, health, |
172 | or safety or to the life, health, or safety of a member of his |
173 | or her family. |
174 | Section 3. This act shall take effect upon becoming a law. |
175 |
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