Senate Bill sb2180

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    Florida Senate - 2004                                  SB 2180

    By Senator Geller





    31-1282A-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; creating an exemption from

  4         public-records requirements; providing for the

  5         confidentiality of personal identifying

  6         information contained in records of current or

  7         former county attorneys, assistant county

  8         attorneys, municipal attorneys, and assistant

  9         municipal attorneys responsible for prosecuting

10         violations of local codes and ordinances, and

11         the spouses and children of those attorneys;

12         providing for future repeal and legislative

13         review under the Open Government Sunset Review

14         Act of 1995; providing a statement of public

15         necessity; providing an effective date.

16  

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

18  

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

28  and Family Services whose duties include the investigation of

29  abuse, 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,

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    Florida Senate - 2004                                  SB 2180
    31-1282A-04




 1  and personnel of the Department of Revenue or local

 2  governments whose responsibilities include revenue collection

 3  and enforcement or child support enforcement; the home

 4  addresses, telephone numbers, social security numbers,

 5  photographs, and places of employment of the spouses and

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

 7  schools and day care facilities attended by the children of

 8  such personnel are exempt from the provisions of subsection

 9  (1). The home addresses, telephone numbers, and photographs of

10  firefighters certified in compliance with s. 633.35; the home

11  addresses, telephone numbers, photographs, and places of

12  employment of the spouses and children of such firefighters;

13  and the names and locations of schools and day care facilities

14  attended by the children of such firefighters are exempt from

15  subsection (1). The home addresses and telephone numbers of

16  justices of the Supreme Court, district court of appeal

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

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

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

20  and locations of schools and day care facilities attended by

21  the children of justices and judges are exempt from the

22  provisions of subsection (1). The home addresses, telephone

23  numbers, social security numbers, and photographs of current

24  or former state attorneys, assistant state attorneys,

25  statewide prosecutors, or assistant statewide prosecutors; the

26  home addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

28  children of current or former state attorneys, assistant state

29  attorneys, statewide prosecutors, or assistant statewide

30  prosecutors; and the names and locations of schools and day

31  care facilities attended by the children of current or former

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    Florida Senate - 2004                                  SB 2180
    31-1282A-04




 1  state attorneys, assistant state attorneys, statewide

 2  prosecutors, or assistant statewide prosecutors are exempt

 3  from subsection (1) and s. 24(a), Art. I of the State

 4  Constitution.

 5         2.  The home addresses, telephone numbers, social

 6  security numbers, and photographs of current or former human

 7  resource, labor relations, or employee relations directors,

 8  assistant directors, managers, or assistant managers of any

 9  local government agency or water management district whose

10  duties include hiring and firing employees, labor contract

11  negotiation, administration, or other personnel-related

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

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

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

15  locations of schools and day care facilities attended by the

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

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

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

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

20  2, 2006, unless reviewed and saved from repeal through

21  reenactment by the Legislature.

22         3.  The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former code

24  enforcement officers; the names, home addresses, telephone

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

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

27  the names and locations of schools and day care facilities

28  attended by the children of such persons are exempt from

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

30  This subparagraph is subject to the Open Government Sunset

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

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    Florida Senate - 2004                                  SB 2180
    31-1282A-04




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

 2  from repeal through reenactment by the Legislature.

 3         4.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former county

 5  attorneys and assistant county attorneys, municipal attorneys,

 6  and assistant municipal attorneys responsible for prosecuting

 7  violations of local codes or ordinances; the names, home

 8  addresses, telephone numbers, social security numbers,

 9  photographs, and places of employment of the spouses and

10  children of such persons; and the names and locations of

11  schools and day care facilities attended by the children of

12  such persons are exempt from subsection (1) and s. 24(a), Art.

13  I of the State Constitution. This subparagraph is subject to

14  the Open Government Sunset Review Act of 1995 in accordance

15  with s. 119.15 and shall stand repealed on October 2, 2009,

16  unless reviewed and saved from repeal through reenactment by

17  the Legislature.

18         5.4.  An agency that is the custodian of the personal

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

20  subparagraph 3., or subparagraph 4. and that is not the

21  employer of the officer, employee, justice, judge, or other

22  person specified in subparagraph 1., subparagraph 2., or

23  subparagraph 3., or subparagraph 4. shall maintain the

24  confidentiality of the personal information only if the

25  officer, employee, justice, judge, other person, or employing

26  agency of the designated employee submits a written request

27  for confidentiality to the custodial agency.

28         Section 2.  The Legislature finds that the

29  public-records exemption created by this act is a public

30  necessity in order to ensure the safety of current or former

31  county attorneys, assistant county attorneys, municipal

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    Florida Senate - 2004                                  SB 2180
    31-1282A-04




 1  attorneys, and assistant municipal attorneys responsible for

 2  prosecuting violations of local codes or ordinances, and the

 3  families of these attorneys. If this information concerning

 4  these attorneys or their family members were made publicly

 5  available, the ability of persons who desire to harm these

 6  attorneys or their families would be increased. Attorneys

 7  prosecuting violations of local codes or ordinances, and their

 8  family members, should not be subject to harassment or

 9  potential harm from individuals alleged to have violated such

10  codes or ordinances. Consequently, the Legislature finds that

11  the public-records exemption created by this act is a public

12  necessity.

13         Section 3.  This act shall take effect October 1, 2004.

14  

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16                          SENATE SUMMARY

17    Provides that personal identifying information contained
      in records concerning county attorneys, assistant county
18    attorneys, municipal attorneys, and assistant municipal
      attorneys who prosecute violations of local codes and
19    ordinances, and the spouses and children of those
      attorneys, are exempt from disclosure under the public
20    records law. Provides for future legislative review and
      repeal of the exemption.
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