2 | A bill to be entitled |
3 | An act relating to public records; amending s. 119.07, |
4 | F.S.; creating an exemption from public records |
5 | requirements for the home addresses, telephone numbers, |
6 | social security numbers, and photographs of current or |
7 | former personnel of a crime laboratory or medical |
8 | examiner's office, the names, home addresses, telephone |
9 | numbers, social security numbers, photographs, and places |
10 | of employment of the spouses and children of such |
11 | personnel, and the names and locations of schools and day |
12 | care facilities attended by the children of such |
13 | personnel; providing for future review and repeal; |
14 | providing a statement of public necessity; providing an |
15 | 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 addresses, |
53 | telephone numbers, social security numbers, and photographs of |
54 | current or former state attorneys, assistant state attorneys, |
55 | statewide prosecutors, or assistant statewide prosecutors; the |
56 | home addresses, telephone numbers, social security numbers, |
57 | photographs, and places of employment of the spouses and |
58 | children of current or former state attorneys, assistant state |
59 | attorneys, statewide prosecutors, or assistant statewide |
60 | prosecutors; and the names and locations of schools and day care |
61 | facilities attended by the children of current or former state |
62 | attorneys, assistant state attorneys, statewide prosecutors, or |
63 | assistant statewide prosecutors are exempt from subsection (1) |
64 | 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 current or former personnel |
96 | of a crime laboratory or medical examiner's office; the names, |
97 | home addresses, telephone numbers, social security numbers, |
98 | photographs, and places of employment of spouses and children of |
99 | current or former personnel of a crime laboratory or medical |
100 | examiner's office; and the names and locations of schools and |
101 | day care facilities attended by children of current or former |
102 | personnel of a crime laboratory or medical examiner's office are |
103 | exempt from subsection (1) and s. 24(a), Art. I of the State |
104 | Constitution. For purposes of this sub-subparagraph, personnel |
105 | of a crime laboratory or medical examiner's office are defined |
106 | as personnel whose primary duties or responsibilities include |
107 | performing laboratory and analytical work in criminal |
108 | identification and investigation; photographing crime scenes; |
109 | classifying, evaluating, and identifying fingerprints; or |
110 | supervising one or more persons who have those duties or |
111 | responsibilities. |
112 | b. Sub-subparagraph a. is subject to the Open Government |
113 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
114 | shall stand repealed on October 2, 2009, unless reviewed and |
115 | saved from repeal through reenactment by the Legislature. |
116 | 5.4. An agency that is the custodian of the personal |
117 | information specified in subparagraph 1., subparagraph 2., or |
118 | subparagraph 3., or subparagraph 4. and that is not the employer |
119 | of the officer, employee, justice, judge, or other person |
120 | specified in subparagraph 1., subparagraph 2., or subparagraph |
121 | 3., or subparagraph 4. shall maintain the confidentiality of the |
122 | personal information only if the officer, employee, justice, |
123 | judge, other person, or employing agency of the designated |
124 | employee submits a written request for confidentiality to the |
125 | custodial agency. |
126 | Section 2. The Legislature finds that the exemption from |
127 | public records requirements provided by this act for the home |
128 | addresses, telephone numbers, social security numbers, and |
129 | photographs of current or former personnel of a crime laboratory |
130 | or medical examiner's office, the names, home addresses, |
131 | telephone numbers, social security numbers, photographs, and |
132 | places of employment of the spouses and children of such |
133 | personnel, and the names and locations of schools and day care |
134 | facilities attended by the children of such personnel is a |
135 | public necessity. This act is justified because, if such |
136 | information were not confidential, personnel of a crime |
137 | laboratory or medical examiner's office or their family members |
138 | could be harmed or threatened with harm by a criminal defendant |
139 | or by a friend or family member of a criminal defendant. |
140 | Section 3. This act shall take effect October 1, 2004. |