Senate Bill sb0348c2

    Florida Senate - 2004                     CS for CS for SB 348

    By the Committees on Governmental Oversight and Productivity;
    Judiciary; and Senator Peaden




    302-1985-04

  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 for United

  7         States attorneys, assistant United States

  8         attorneys, judges of the United States Courts

  9         of Appeal, United States district judges,

10         United States magistrate judges, and their

11         spouses and children; providing for future

12         repeal and legislative review under the Open

13         Government Sunset Review Act of 1995; providing

14         a statement of public necessity; providing an

15         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                     CS for CS for SB 348
    302-1985-04




 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                     CS for CS for SB 348
    302-1985-04




 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 United

24  States attorneys and assistant United States attorneys; the

25  home addresses, telephone numbers, social security numbers,

26  photographs, and places of employment of the spouses and

27  children of current or former United States attorneys and

28  assistant United States attorneys; and the names and locations

29  of schools and day care facilities attended by the children of

30  current or former United States attorneys and assistant United

31  States attorneys are exempt from subsection (1) and s. 24(a),

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    Florida Senate - 2004                     CS for CS for SB 348
    302-1985-04




 1  Art. I of the State Constitution. This subparagraph is subject

 2  to the Open Government Sunset Review Act of 1995 in accordance

 3  with s. 119.15 and shall stand repealed on October 2, 2009,

 4  unless reviewed and saved from repeal through reenactment by

 5  the Legislature.

 6         4.  The home addresses, telephone numbers, social

 7  security numbers, and photographs of current or former judges

 8  of United States Courts of Appeal, United States district

 9  judges, and United States magistrate judges; the home

10  addresses, telephone numbers, social security numbers,

11  photographs, and places of employment of the spouses and

12  children of current or former judges of United States Courts

13  of Appeal, United States district judges, and United States

14  magistrate judges; and the names and locations of schools and

15  day care facilities attended by the children of current or

16  former judges of United States Courts of Appeal, United States

17  district judges, and United States magistrate judges are

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

19  Constitution. This subparagraph is subject to the Open

20  Government Sunset Review Act of 1995 in accordance with s.

21  119.15, and shall stand repealed on October 2, 2009, unless

22  reviewed and saved from repeal through reenactment by the

23  Legislature.

24         5.3.  The home addresses, telephone numbers, social

25  security numbers, and photographs of current or former code

26  enforcement officers; the names, home addresses, telephone

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

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

29  the names and locations of schools and day care facilities

30  attended by the children of such persons are exempt from

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

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    Florida Senate - 2004                     CS for CS for SB 348
    302-1985-04




 1  This subparagraph is subject to the Open Government Sunset

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

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

 4  from repeal through reenactment by the Legislature.

 5         6.4.  An agency that is the custodian of the personal

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

 7  subparagraph 3., subparagraph 4., or subparagraph 5., and that

 8  is not the employer of the officer, employee, justice, judge,

 9  or other person specified in subparagraph 1., subparagraph

10  2.,or subparagraph 3., subparagraph 4., or subparagraph 5.,

11  shall maintain the confidentiality of the personal information

12  only if the officer, employee, justice, judge, other person,

13  or employing agency of the designated employee submits a

14  written request for confidentiality to the custodial agency.

15         Section 2.  The Legislature finds that the exemption

16  from public-records requirements provided for by this act for

17  identifying and locating information relating to current and

18  former United States attorneys, assistant United States

19  attorneys, judges of the United States Courts of Appeal,

20  United States district judges, United States magistrate

21  judges, and their families is a public necessity. Current and

22  former United States attorneys, assistant United States

23  attorneys, judges of the United States Courts of Appeal,

24  United States district judges, and United States magistrate

25  judges interact with accused and convicted criminals every day

26  of their careers. The capacity in which they deal with the

27  accused and the convicted does not create good will among the

28  accused, the convicted, their associates, or their families.

29  United States attorneys and assistant United States attorneys

30  determine the severity of the charges brought, file charges

31  against the accused, and prosecute alleged criminals every

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    Florida Senate - 2004                     CS for CS for SB 348
    302-1985-04




 1  day. Further, current and former judges of the United States

 2  Courts of Appeal, United States district judges, and United

 3  States magistrate judges make rulings during trials, impose

 4  sentences on the convicted, or review cases from other courts.

 5  As such, the duties of these current or former attorneys and

 6  judges do not create good will among the accused, the

 7  convicted, their associates, and families, and make those

 8  federal attorneys and judges potential targets for acts of

 9  revenge. Further, their duties make their spouses and children

10  potential targets for acts of revenge. If identifying or

11  location information were available, the safety and welfare of

12  federal attorneys and judges, and their spouses and children,

13  could be seriously jeopardized. Accordingly, it is a public

14  necessity that identifying and personal information be made

15  exempt. Thus, the Legislature finds there to be a public

16  necessity to protect identifying and locating information of

17  current and former United States attorneys and assistant

18  United States attorneys, judges of the United States Courts of

19  Appeal, United States district judges, and United States

20  magistrate judges, and their spouses and children.

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

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                            CS/SB 348

25                                 

26  Corrects a reference to an Open Government Sunset Review.

27  Provides more detail regarding the public necessity that
    supports the exemption.
28  

29  

30  

31  

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