HB 0593

CS

CHAMBER ACTION

1	The Committee on State Administration recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to public records; amending s. 119.07,
8	F.S.; creating an exemption from public records
9	requirements; providing for the confidentiality of
10	personal identifying information contained in records for
11	United States attorneys, assistant United States
12	attorneys, judges of the United States Courts of Appeal,
13	United States district judges, United States magistrate
14	judges, and their spouses and children; providing for
15	future repeal and legislative review under the Open
16	Government Sunset Review Act of 1995; providing a
17	statement of public necessity; providing an effective
18	date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (i) of subsection (3) of section
23	119.07, Florida Statutes, is amended to read:
24	119.07  Inspection, examination, and duplication of
25	records; exemptions.--
26	(3)
27	(i)1.  The home addresses, telephone numbers, social
28	security numbers, and photographs of active or former law
29	enforcement personnel, including correctional and correctional
30	probation officers, personnel of the Department of Children and
31	Family Services whose duties include the investigation of abuse,
32	neglect, exploitation, fraud, theft, or other criminal
33	activities, personnel of the Department of Health whose duties
34	are to support the investigation of child abuse or neglect, and
35	personnel of the Department of Revenue or local governments
36	whose responsibilities include revenue collection and
37	enforcement or child support enforcement; the home addresses,
38	telephone numbers, social security numbers, photographs, and
39	places of employment of the spouses and children of such
40	personnel; and the names and locations of schools and day care
41	facilities attended by the children of such personnel are exempt
42	from the provisions of subsection (1). The home addresses,
43	telephone numbers, and photographs of firefighters certified in
44	compliance with s. 633.35; the home addresses, telephone
45	numbers, photographs, and places of employment of the spouses
46	and children of such firefighters; and the names and locations
47	of schools and day care facilities attended by the children of
48	such firefighters are exempt from subsection (1). The home
49	addresses and telephone numbers of justices of the Supreme
50	Court, district court of appeal judges, circuit court judges,
51	and county court judges; the home addresses, telephone numbers,
52	and places of employment of the spouses and children of justices
53	and judges; and the names and locations of schools and day care
54	facilities attended by the children of justices and judges are
55	exempt from the provisions of subsection(1). The home addresses,
56	telephone numbers, social security numbers, and photographs of
57	current or former state attorneys, assistant state attorneys,
58	statewide prosecutors, or assistant statewide prosecutors; the
59	home addresses, telephone numbers, social security numbers,
60	photographs, and places of employment of the spouses and
61	children of current or former state attorneys, assistant state
62	attorneys, statewide prosecutors, or assistant statewide
63	prosecutors; and the names and locations of schools and day care
64	facilities attended by the children of current or former state
65	attorneys, assistant state attorneys, statewide prosecutors, or
66	assistant statewide prosecutors are exempt from subsection (1)
67	and s. 24(a), Art. I of the State Constitution.
68	2.  The home addresses, telephone numbers, social security
69	numbers, and photographs of current or former human resource,
70	labor relations, or employee relations directors, assistant
71	directors, managers, or assistant managers of any local
72	government agency or water management district whose duties
73	include hiring and firing employees, labor contract negotiation,
74	administration, or other personnel-related duties; the names,
75	home addresses, telephone numbers, social security numbers,
76	photographs, and places of employment of the spouses and
77	children of such personnel; and the names and locations of
78	schools and day care facilities attended by the children of such
79	personnel are exempt from subsection (1) and s. 24(a), Art. I of
80	the State Constitution. This subparagraph is subject to the Open
81	Government Sunset Review Act of 1995 in accordance with s.
82	119.15, and shall stand repealed on October 2, 2006, unless
83	reviewed and saved from repeal through reenactment by the
84	Legislature.
85	3.  The home addresses, telephone numbers, social security
86	numbers, and photographs of current or former United States
87	attorneys and assistant United States attorneys; the home
88	addresses, telephone numbers, social security numbers,
89	photographs, and places of employment of the spouses and
90	children of current or former United States attorneys and
91	assistant United States attorneys; and the names and locations
92	of schools and day care facilities attended by the children of
93	current or former United States attorneys and assistant United
94	States attorneys are exempt from subsection (1) and s. 24(a),
95	Art. I of the State Constitution. This subparagraph is subject
96	to the Open Government Sunset Review Act of 1995 in accordance
97	with s. 119.15 and shall stand repealed on October 2, 2009,
98	unless reviewed and saved from repeal through reenactment by the
99	Legislature.
100	4.  The home addresses, telephone numbers, social security
101	numbers, and photographs of current or former judges of the
102	United States Courts of Appeal, United States district judges,
103	and United States magistrate judges; the home addresses,
104	telephone numbers, social security numbers, photographs, and
105	places of employment of the spouses and children of current or
106	former judges of United States Courts of Appeal, United States
107	district judges, and United States magistrate judges; and the
108	names and locations of schools and day care facilities attended
109	by the children of current or former judges of United States
110	Courts of Appeal, United States district judges, and United
111	States magistrate judges are exempt from subsection (1) and s.
112	24(a), Art. I of the State Constitution. This subparagraph is
113	subject to the Open Government Sunset Review Act of 1995 in
114	accordance with s. 119.15, and shall stand repealed on October
115	2, 2009, unless reviewed and saved from repeal through
116	reenactment by the Legislature.
117	5.3.  The home addresses, telephone numbers, social
118	security numbers, and photographs of current or former code
119	enforcement officers; the names, home addresses, telephone
120	numbers, social security numbers, photographs, and places of
121	employment of the spouses and children of such persons; and the
122	names and locations of schools and day care facilities attended
123	by the children of such persons are exempt from subsection (1)
124	and s. 24(a), Art. I of the State Constitution. This
125	subparagraph is subject to the Open Government Sunset Review Act
126	of 1995 in accordance with s. 119.15, and shall stand repealed
127	on October 2, 2006, unless reviewed and saved from repeal
128	through reenactment by the Legislature.
129	6.4.  An agency that is the custodian of the personal
130	information specified in subparagraph 1., subparagraph 2.,or
131	subparagraph 3., subparagraph 4., or subparagraph 5., and that
132	is not the employer of the officer, employee, justice, judge, or
133	other person specified in subparagraph 1., subparagraph 2.,or
134	subparagraph 3., subparagraph 4., or subparagraph 5., shall
135	maintain the confidentiality of the personal information only if
136	the officer, employee, justice, judge, other person, or
137	employing agency of the designated employee submits a written
138	request for confidentiality to the custodial agency.
139	Section 2.  The Legislature finds that the exemption from
140	public records requirements provided for by this act for
141	identifying and locating information relating to current and
142	former United States attorneys, assistant United States
143	attorneys, judges of the United States Courts of Appeal, United
144	States district judges, United States magistrate judges, and
145	their families is a public necessity. Current and former United
146	States attorneys, assistant United States attorneys, judges of
147	the United States Courts of Appeal, United States district
148	judges, and United States magistrate judges interact with
149	accused and convicted criminals every day of their careers. The
150	capacity in which they deal with the accused and the convicted
151	does not create good will among the accused, the convicted,
152	their associates, or their families. United States attorneys and
153	assistant United States attorneys determine the severity of the
154	charges brought, file charges against the accused, and prosecute
155	alleged criminals every day. Further, current and former judges
156	of the United States Courts of Appeal, United States district
157	judges, and United States magistrate judges make rulings during
158	trials, impose sentences on the convicted, or review cases from
159	other courts. As such, the duties of these current or former
160	attorneys and judges do not create good will among the accused,
161	the convicted, their associates, and families, and make those
162	federal attorneys and judges potential targets for acts of
163	revenge. Further, their duties make their spouses and children
164	potential targets for acts of revenge. If identifying or
165	location information were available, the safety and welfare of
166	federal attorneys and judges, and their spouses and children,
167	could be seriously jeopardized. Accordingly, it is a public
168	necessity that identifying and personal information be made
169	exempt. Thus, the Legislature finds there to be a public
170	necessity to protect identifying and locating information of
171	current and former United States attorneys and assistant United
172	States attorneys, judges of the United States Courts of Appeal,
173	United States district judges, and United States magistrate
174	judges, and their spouses and children.
175	Section 3.  This act shall take effect October 1, 2004.

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