HB 1925

2
A bill to be entitled
3An act relating to public records; amending s. 119.07,
4F.S.; creating an exemption from public records
5requirements for the home addresses, telephone numbers,
6social security numbers, and photographs of current or
7former personnel of a crime laboratory or medical
8examiner's office, the names, home addresses, telephone
9numbers, social security numbers, photographs, and places
10of employment of the spouses and children of such
11personnel, and the names and locations of schools and day
12care facilities attended by the children of such
13personnel; providing for future review and repeal;
14providing a statement of public necessity; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Paragraph (i) of subsection (3) of section
20119.07, Florida Statutes, is amended to read:
21     119.07  Inspection, examination, and duplication of
22records; exemptions.--
23     (3)
24     (i)1.  The home addresses, telephone numbers, social
25security numbers, and photographs of active or former law
26enforcement personnel, including correctional and correctional
27probation officers, personnel of the Department of Children and
28Family Services whose duties include the investigation of abuse,
29neglect, exploitation, fraud, theft, or other criminal
30activities, personnel of the Department of Health whose duties
31are to support the investigation of child abuse or neglect, and
32personnel of the Department of Revenue or local governments
33whose responsibilities include revenue collection and
34enforcement or child support enforcement; the home addresses,
35telephone numbers, social security numbers, photographs, and
36places of employment of the spouses and children of such
37personnel; and the names and locations of schools and day care
38facilities attended by the children of such personnel are exempt
39from the provisions of subsection (1). The home addresses,
40telephone numbers, and photographs of firefighters certified in
41compliance with s. 633.35; the home addresses, telephone
42numbers, photographs, and places of employment of the spouses
43and children of such firefighters; and the names and locations
44of schools and day care facilities attended by the children of
45such firefighters are exempt from subsection (1). The home
46addresses and telephone numbers of justices of the Supreme
47Court, district court of appeal judges, circuit court judges,
48and county court judges; the home addresses, telephone numbers,
49and places of employment of the spouses and children of justices
50and judges; and the names and locations of schools and day care
51facilities attended by the children of justices and judges are
52exempt from the provisions of subsection(1). The home addresses,
53telephone numbers, social security numbers, and photographs of
54current or former state attorneys, assistant state attorneys,
55statewide prosecutors, or assistant statewide prosecutors; the
56home addresses, telephone numbers, social security numbers,
57photographs, and places of employment of the spouses and
58children of current or former state attorneys, assistant state
59attorneys, statewide prosecutors, or assistant statewide
60prosecutors; and the names and locations of schools and day care
61facilities attended by the children of current or former state
62attorneys, assistant state attorneys, statewide prosecutors, or
63assistant statewide prosecutors are exempt from subsection (1)
64and s. 24(a), Art. I of the State Constitution.
65     2.  The home addresses, telephone numbers, social security
66numbers, and photographs of current or former human resource,
67labor relations, or employee relations directors, assistant
68directors, managers, or assistant managers of any local
69government agency or water management district whose duties
70include hiring and firing employees, labor contract negotiation,
71administration, or other personnel-related duties; the names,
72home addresses, telephone numbers, social security numbers,
73photographs, and places of employment of the spouses and
74children of such personnel; and the names and locations of
75schools and day care facilities attended by the children of such
76personnel are exempt from subsection (1) and s. 24(a), Art. I of
77the State Constitution. This subparagraph is subject to the Open
78Government Sunset Review Act of 1995 in accordance with s.
79119.15, and shall stand repealed on October 2, 2006, unless
80reviewed and saved from repeal through reenactment by the
81Legislature.
82     3.  The home addresses, telephone numbers, social security
83numbers, and photographs of current or former code enforcement
84officers; the names, home addresses, telephone numbers, social
85security numbers, photographs, and places of employment of the
86spouses and children of such persons; and the names and
87locations of schools and day care facilities attended by the
88children of such persons are exempt from subsection (1) and s.
8924(a), Art. I of the State Constitution. This subparagraph is
90subject to the Open Government Sunset Review Act of 1995 in
91accordance with s. 119.15, and shall stand repealed on October
922, 2006, unless reviewed and saved from repeal through
93reenactment by the Legislature.
94     4.a.  The home addresses, telephone numbers, social
95security numbers, and photographs of current or former personnel
96of a crime laboratory or medical examiner's office; the names,
97home addresses, telephone numbers, social security numbers,
98photographs, and places of employment of spouses and children of
99current or former personnel of a crime laboratory or medical
100examiner's office; and the names and locations of schools and
101day care facilities attended by children of current or former
102personnel of a crime laboratory or medical examiner's office are
103exempt from subsection (1) and s. 24(a), Art. I of the State
104Constitution. For purposes of this sub-subparagraph, personnel
105of a crime laboratory or medical examiner's office are defined
106as personnel whose primary duties or responsibilities include
107performing laboratory and analytical work in criminal
108identification and investigation; photographing crime scenes;
109classifying, evaluating, and identifying fingerprints; or
110supervising one or more persons who have those duties or
111responsibilities.
112     b.  Sub-subparagraph a. is subject to the Open Government
113Sunset Review Act of 1995 in accordance with s. 119.15, and
114shall stand repealed on October 2, 2009, unless reviewed and
115saved from repeal through reenactment by the Legislature.
116     5.4.  An agency that is the custodian of the personal
117information specified in subparagraph 1., subparagraph 2., or
118subparagraph 3., or subparagraph 4. and that is not the employer
119of the officer, employee, justice, judge, or other person
120specified in subparagraph 1., subparagraph 2., or subparagraph
1213., or subparagraph 4. shall maintain the confidentiality of the
122personal information only if the officer, employee, justice,
123judge, other person, or employing agency of the designated
124employee submits a written request for confidentiality to the
125custodial agency.
126     Section 2.  The Legislature finds that the exemption from
127public records requirements provided by this act for the home
128addresses, telephone numbers, social security numbers, and
129photographs of current or former personnel of a crime laboratory
130or medical examiner's office, the names, home addresses,
131telephone numbers, social security numbers, photographs, and
132places of employment of the spouses and children of such
133personnel, and the names and locations of schools and day care
134facilities attended by the children of such personnel is a
135public necessity. This act is justified because, if such
136information were not confidential, personnel of a crime
137laboratory or medical examiner's office or their family members
138could be harmed or threatened with harm by a criminal defendant
139or by a friend or family member of a criminal defendant.
140     Section 3.  This act shall take effect October 1, 2004.


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