HB 1785

1
A bill to be entitled
2An act relating to a public records exemption; amending s.
3119.07, F.S.; creating an exemption from public records
4requirements for the home addresses, telephone numbers,
5social security numbers, and photographs of active or
6former emergency medical technicians or paramedics
7certified in compliance with chapter 401, the home
8addresses, telephone numbers, social security numbers,
9photographs, and places of employment of the spouses and
10children of such emergency medical technicians and
11paramedics, and the names and locations of schools and day
12care facilities attended by the children of such emergency
13medical technicians and paramedics, upon written request
14by the emergency medical technician or paramedic, which
15must include official verification that the emergency
16medical technician or paramedic has received a work-
17related threat to his or her life, health, or safety or to
18the life, health, or safety of a member of his or her
19family; providing for future review and repeal; providing
20a statement of public necessity; providing an effective
21date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (i) of subsection (3) of section
26119.07, Florida Statutes, is amended to read:
27     119.07  Inspection, examination, and duplication of
28records; exemptions.--
29     (3)
30     (i)1.  The home addresses, telephone numbers, social
31security numbers, and photographs of active or former law
32enforcement personnel, including correctional and correctional
33probation officers, personnel of the Department of Children and
34Family Services whose duties include the investigation of abuse,
35neglect, exploitation, fraud, theft, or other criminal
36activities, personnel of the Department of Health whose duties
37are to support the investigation of child abuse or neglect, and
38personnel of the Department of Revenue or local governments
39whose responsibilities include revenue collection and
40enforcement or child support enforcement; the home addresses,
41telephone numbers, social security numbers, photographs, and
42places of employment of the spouses and children of such
43personnel; and the names and locations of schools and day care
44facilities attended by the children of such personnel are exempt
45from the provisions of subsection (1). The home addresses,
46telephone numbers, and photographs of firefighters certified in
47compliance with s. 633.35; the home addresses, telephone
48numbers, photographs, and places of employment of the spouses
49and children of such firefighters; and the names and locations
50of schools and day care facilities attended by the children of
51such firefighters are exempt from subsection (1). The home
52addresses and telephone numbers of justices of the Supreme
53Court, district court of appeal judges, circuit court judges,
54and county court judges; the home addresses, telephone numbers,
55and places of employment of the spouses and children of justices
56and judges; and the names and locations of schools and day care
57facilities attended by the children of justices and judges are
58exempt from the provisions of subsection (1). The home
59addresses, telephone numbers, social security numbers, and
60photographs of current or former state attorneys, assistant
61state attorneys, statewide prosecutors, or assistant statewide
62prosecutors; the home addresses, telephone numbers, social
63security numbers, photographs, and places of employment of the
64spouses and children of current or former state attorneys,
65assistant state attorneys, statewide prosecutors, or assistant
66statewide prosecutors; and the names and locations of schools
67and day care facilities attended by the children of current or
68former state attorneys, assistant state attorneys, statewide
69prosecutors, or assistant statewide prosecutors are exempt from
70subsection (1) and s. 24(a), Art. I of the State Constitution.
71     2.  The home addresses, telephone numbers, social security
72numbers, and photographs of current or former human resource,
73labor relations, or employee relations directors, assistant
74directors, managers, or assistant managers of any local
75government agency or water management district whose duties
76include hiring and firing employees, labor contract negotiation,
77administration, or other personnel-related duties; the names,
78home addresses, telephone numbers, social security numbers,
79photographs, and places of employment of the spouses and
80children of such personnel; and the names and locations of
81schools and day care facilities attended by the children of such
82personnel are exempt from subsection (1) and s. 24(a), Art. I of
83the State Constitution. This subparagraph is subject to the Open
84Government Sunset Review Act of 1995 in accordance with s.
85119.15, and shall stand repealed on October 2, 2006, unless
86reviewed and saved from repeal through reenactment by the
87Legislature.
88     3.  The home addresses, telephone numbers, social security
89numbers, and photographs of current or former code enforcement
90officers; the names, home addresses, telephone numbers, social
91security numbers, photographs, and places of employment of the
92spouses and children of such persons; and the names and
93locations of schools and day care facilities attended by the
94children of such persons are exempt from subsection (1) and s.
9524(a), Art. I of the State Constitution. This subparagraph is
96subject to the Open Government Sunset Review Act of 1995 in
97accordance with s. 119.15, and shall stand repealed on October
982, 2006, unless reviewed and saved from repeal through
99reenactment by the Legislature.
100     4.a.  The home addresses, telephone numbers, social
101security numbers, and photographs of active or former emergency
102medical technicians or paramedics certified in compliance with
103chapter 401; the home addresses, telephone numbers, social
104security numbers, photographs, and places of employment of the
105spouses and children of such emergency medical technicians and
106paramedics; and the names and locations of schools and day care
107facilities attended by children of such emergency medical
108technicians and paramedics are exempt from subsection (1) and s.
10924(a), Art. I of the State Constitution upon written request by
110the emergency medical technician or paramedic, which must
111include official verification that the emergency medical
112technician or paramedic has received a work-related threat to
113his or her life, health, or safety or to the life, health, or
114safety of a member of his or her family.
115     b.  This subparagraph is subject to the Open Government
116Sunset Review Act of 1995 in accordance with s. 119.15 and shall
117stand repealed on October 2, 2009, unless reviewed and saved
118from repeal through reenactment by the Legislature.
119     5.4.  An agency that is the custodian of the personal
120information specified in subparagraph 1., subparagraph 2., or
121subparagraph 3., or subparagraph 4. and that is not the employer
122of the officer, employee, justice, judge, or other person
123specified in subparagraph 1., subparagraph 2., or subparagraph
1243., or subparagraph 4. shall maintain the confidentiality of the
125personal information only if the officer, employee, justice,
126judge, other person, or employing agency of the designated
127employee submits a written request for confidentiality to the
128custodial agency.
129     Section 2.  The Legislature finds that it is a public
130necessity that the home addresses, telephone numbers, social
131security numbers, and photographs of active or former emergency
132medical technicians or paramedics certified in compliance with
133chapter 401, Florida Statutes, the home addresses, telephone
134numbers, social security numbers, photographs, and places of
135employment of the spouses and the children of such emergency
136medical technicians and paramedics, and the names and locations
137of schools and day care facilities attended by children of such
138emergency medical technicians and paramedics be held exempt from
139public disclosure upon written request by the emergency medical
140technician or paramedic, which must include official
141verification that the emergency medical technician or paramedic
142has received a work-related threat to his or her life, health,
143or safety or to the life, health, or safety of a member of his
144or her family.  Emergency medical technicians and paramedics
145provide a valuable service to the community.  They interact with
146victims of illness or violence every day of their careers.
147Emergency medical technicians and paramedics must respond to all
148types of emergencies and are required to provide services to
149varying populations at varying locales.  The capacity in which
150they work with injured or ill victims does not always create
151good will.  A victim who experiences a negative outcome due to
152medical treatment could feel ill will towards an emergency
153medical technician or paramedic.  An ill or injured person might
154not agree with the course of treatment such person receives from
155an emergency medical technician or paramedic.  As such,
156emergency medical technicians or paramedics, or the spouses and
157children of such technicians or paramedics, could become
158potential targets for acts of revenge.  In addition, emergency
159medical technicians and paramedics are called as witnesses in
160court proceedings for crimes such as arson.  The testimony of a
161technician or paramedic could create a safety risk.  Therefore,
162if the information specified in this act continues to be
163available to the public, the safety and welfare of emergency
164medical technicians and paramedics, and their spouses and
165children, could be seriously jeopardized.  Accordingly, it is a
166public necessity that identifying and location information of
167such technicians and paramedics, and their spouses and children,
168be made exempt from public disclosure upon written request by
169the emergency medical technician or paramedic and official
170verification that the emergency medical technician or paramedic
171has received a work-related threat to his or her life, health,
172or safety or to the life, health, or safety of a member of his
173or her family.
174     Section 3.  This act shall take effect upon becoming a law.
175


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