Senate Bill sb1880c1

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    Florida Senate - 2004                           CS for SB 1880

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Saunders




    317-2198-04

  1                      A bill to be entitled

  2         An act relating to a public records exemption;

  3         amending s. 119.07; providing an exemption from

  4         public records requirements for the home

  5         addresses, telephone numbers, social security

  6         numbers, and photographs of active or former

  7         emergency medical technicians or paramedics

  8         certified in compliance with ch. 401, F.S., the

  9         home addresses, telephone numbers, social

10         security numbers, photographs, and places of

11         employment of the spouses and the children of

12         such emergency medical technicians and

13         paramedics, and the names and locations of

14         schools and day care facilities attended by

15         children of such emergency medical technicians

16         and paramedics; providing for retroactive

17         application of the exemption; providing for

18         future review and repeal of the exemption;

19         providing a statement of public necessity;

20         providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Paragraph (i) of subsection (3) of section

25  119.07, Florida Statutes, is amended to read:

26         119.07  Inspection, examination, and duplication of

27  records; exemptions.--

28         (3)

29         (i)1.a.  The home addresses, telephone numbers, social

30  security numbers, and photographs of active or former law

31  enforcement personnel, including correctional and correctional

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    Florida Senate - 2004                           CS for SB 1880
    317-2198-04




 1  probation officers, personnel of the Department of Children

 2  and Family Services whose duties include the investigation of

 3  abuse, neglect, exploitation, fraud, theft, or other criminal

 4  activities, personnel of the Department of Health whose duties

 5  are to support the investigation of child abuse or neglect,

 6  and personnel of the Department of Revenue or local

 7  governments whose responsibilities include revenue collection

 8  and enforcement or child support enforcement; the home

 9  addresses, telephone numbers, social security numbers,

10  photographs, and places of employment of the spouses and

11  children of such personnel; and the names and locations of

12  schools and day care facilities attended by the children of

13  such personnel are exempt from the provisions of subsection

14  (1).

15         b.  The home addresses, telephone numbers, and

16  photographs of firefighters certified in compliance with s.

17  633.35; the home addresses, telephone numbers, photographs,

18  and places of employment of the spouses and children of such

19  firefighters; and the names and locations of schools and day

20  care facilities attended by the children of such firefighters

21  are exempt from subsection (1).

22         c.  The home addresses, telephone numbers, social

23  security numbers, and photographs of active or former

24  emergency medical technicians or paramedics certified in

25  compliance with chapter 401; the home addresses, telephone

26  numbers, social security numbers, photographs, and places of

27  employment of the spouses and children of such emergency

28  medical technicians and paramedics; and the names and

29  locations of schools and day care facilities attended by

30  children of such emergency medical technicians and paramedics

31  are exempt from subsection (1) and s. 24(a), Art. I of the

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    Florida Senate - 2004                           CS for SB 1880
    317-2198-04




 1  State Constitution. This exemption applies to personal

 2  information held by an agency before, on, or after the

 3  effective date of this exemption.

 4         d.  The home addresses and telephone numbers of

 5  justices of the Supreme Court, district court of appeal

 6  judges, circuit court judges, and county court judges; the

 7  home addresses, telephone numbers, and places of employment of

 8  the spouses and children of justices and judges; and the names

 9  and locations of schools and day care facilities attended by

10  the children of justices and judges are exempt from the

11  provisions of subsection (1).

12         e.  The home addresses, telephone numbers, social

13  security numbers, and photographs of current or former state

14  attorneys, assistant state attorneys, statewide prosecutors,

15  or assistant statewide prosecutors; the home addresses,

16  telephone numbers, social security numbers, photographs, and

17  places of employment of the spouses and children of current or

18  former state attorneys, assistant state attorneys, statewide

19  prosecutors, or assistant statewide prosecutors; and the names

20  and locations of schools and day care facilities attended by

21  the children of current or former state attorneys, assistant

22  state attorneys, statewide prosecutors, or assistant statewide

23  prosecutors are exempt from subsection (1) and s. 24(a), Art.

24  I of the State Constitution.

25         2.  The home addresses, telephone numbers, social

26  security numbers, and photographs of current or former human

27  resource, labor relations, or employee relations directors,

28  assistant directors, managers, or assistant managers of any

29  local government agency or water management district whose

30  duties include hiring and firing employees, labor contract

31  negotiation, administration, or other personnel-related

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    Florida Senate - 2004                           CS for SB 1880
    317-2198-04




 1  duties; the names, home addresses, telephone numbers, social

 2  security numbers, photographs, and places of employment of the

 3  spouses and children of such personnel; and the names and

 4  locations of schools and day care facilities attended by the

 5  children of such personnel are exempt from subsection (1) and

 6  s. 24(a), Art. I of the State Constitution. This subparagraph

 7  is subject to the Open Government Sunset Review Act of 1995 in

 8  accordance with s. 119.15, and shall stand repealed on October

 9  2, 2006, unless reviewed and saved from repeal through

10  reenactment by the Legislature.

11         3.  The home addresses, telephone numbers, social

12  security numbers, and photographs of current or former code

13  enforcement officers; the names, home addresses, telephone

14  numbers, social security numbers, photographs, and places of

15  employment of the spouses and children of such persons; and

16  the names and locations of schools and day care facilities

17  attended by the children of such persons are exempt from

18  subsection (1) and s. 24(a), Art. I of the State Constitution.

19  This subparagraph is subject to the Open Government Sunset

20  Review Act of 1995 in accordance with s. 119.15, and shall

21  stand repealed on October 2, 2006, unless reviewed and saved

22  from repeal through reenactment by the Legislature.

23         4.  An agency that is the custodian of the personal

24  information specified in subparagraph 1., subparagraph 2., or

25  subparagraph 3. and that is not the employer of the officer,

26  employee, justice, judge, or other person specified in

27  subparagraph 1., subparagraph 2., or subparagraph 3. shall

28  maintain the confidentiality of the personal information only

29  if the officer, employee, justice, judge, other person, or

30  employing agency of the designated employee submits a written

31  request for confidentiality to the custodial agency.

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    Florida Senate - 2004                           CS for SB 1880
    317-2198-04




 1         Section 2.  Sub-subparagraph c. of subparagraph 1. of

 2  paragraph (i) of subsection (3) of section 119.07, Florida

 3  Statutes, is subject to the Open Government Sunset Review Act

 4  of 1995 in accordance with section 119.15, Florida Statutes,

 5  and shall stand repealed on October 2, 2009, unless reviewed

 6  and saved from repeal through reenactment by the Legislature.

 7         Section 3.  The Legislature finds that the exemption

 8  from public records requirements provided for by this act for

 9  the home addresses, telephone numbers, social security

10  numbers, and photographs of active or former emergency medical

11  technicians or paramedics certified in compliance with chapter

12  401, Florida Statutes, the home addresses, telephone numbers,

13  social security numbers, photographs, and places of employment

14  of the spouses and the children of such emergency medical

15  technicians and paramedics, and the names and locations of

16  schools and day care facilities attended by children of such

17  emergency medical technicians and paramedics is a public

18  necessity. This exemption is justified because if such

19  information were not confidential, an emergency medical

20  technician or paramedic or a member or members of his or her

21  family could be harmed or threatened with harm by an

22  individual, or a family member of such individual, who was

23  provided emergency medical care which resulted in a negative

24  outcome.

25         Section 4.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2004                           CS for SB 1880
    317-2198-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1880

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 4  The committee substitute provides that the public records
    exemption applies to personal information held by an agency
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