HB 0619 2004
   
1 A bill to be entitled
2          An act relating to a public records exemption; amending s.
3    119.07; providing an exemption from public records
4    requirements for the home addresses, telephone numbers,
5    social security numbers, and photographs of active or
6    former emergency medical technicians or paramedics
7    certified in compliance with chapter 401, the home
8    addresses, telephone numbers, social security numbers,
9    photographs, and places of employment of the spouses and
10    the children of such emergency medical technicians and
11    paramedics, and the names and locations of schools and day
12    care facilities attended by children of such emergency
13    medical technicians and paramedics; providing for future
14    review and repeal of the exemption; providing a statement
15    of public 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 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, telephone numbers, social security numbers, and
47    photographs of active or former emergency medical technicians or
48    paramedics certified in compliance with chapter 401; the home
49    addresses, telephone numbers, social security numbers,
50    photographs, and places of employment of the spouses and
51    children of such emergency medical technicians and paramedics;
52    and the names and locations of schools and day care facilities
53    attended by children of such emergency medical technicians and
54    paramedics are exempt from subsection (1) and s. 24(a), Art. I
55    of the State Constitution.The home addresses and telephone
56    numbers of justices of the Supreme Court, district court of
57    appeal judges, circuit court judges, and county court judges;
58    the home addresses, telephone numbers, and places of employment
59    of the spouses and children of justices and judges; and the
60    names and locations of schools and day care facilities attended
61    by the children of justices and judges are exempt from the
62    provisions of subsection (1). The home addresses, telephone
63    numbers, social security numbers, and photographs of current or
64    former state attorneys, assistant state attorneys, statewide
65    prosecutors, or assistant statewide prosecutors; the home
66    addresses, telephone numbers, social security numbers,
67    photographs, and places of employment of the spouses and
68    children of current or former state attorneys, assistant state
69    attorneys, statewide prosecutors, or assistant statewide
70    prosecutors; and the names and locations of schools and day care
71    facilities attended by the children of current or former state
72    attorneys, assistant state attorneys, statewide prosecutors, or
73    assistant statewide prosecutors are exempt from subsection (1)
74    and s. 24(a), Art. I of the State Constitution.
75          2. The home addresses, telephone numbers, social security
76    numbers, and photographs of current or former human resource,
77    labor relations, or employee relations directors, assistant
78    directors, managers, or assistant managers of any local
79    government agency or water management district whose duties
80    include hiring and firing employees, labor contract negotiation,
81    administration, or other personnel-related duties; the names,
82    home addresses, telephone numbers, social security numbers,
83    photographs, and places of employment of the spouses and
84    children of such personnel; and the names and locations of
85    schools and day care facilities attended by the children of such
86    personnel are exempt from subsection (1) and s. 24(a), Art. I of
87    the State Constitution. This subparagraph is subject to the Open
88    Government Sunset Review Act of 1995 in accordance with s.
89    119.15, and shall stand repealed on October 2, 2006, unless
90    reviewed and saved from repeal through reenactment by the
91    Legislature.
92          3. The home addresses, telephone numbers, social security
93    numbers, and photographs of current or former code enforcement
94    officers; the names, home addresses, telephone numbers, social
95    security numbers, photographs, and places of employment of the
96    spouses and children of such persons; and the names and
97    locations of schools and day care facilities attended by the
98    children of such persons are exempt from subsection (1) and s.
99    24(a), Art. I of the State Constitution. This subparagraph is
100    subject to the Open Government Sunset Review Act of 1995 in
101    accordance with s. 119.15, and shall stand repealed on October
102    2, 2006, unless reviewed and saved from repeal through
103    reenactment by the Legislature.
104          4. An agency that is the custodian of the personal
105    information specified in subparagraph 1., subparagraph 2., or
106    subparagraph 3. and that is not the employer of the officer,
107    employee, justice, judge, or other person specified in
108    subparagraph 1., subparagraph 2., or subparagraph 3. shall
109    maintain the confidentiality of the personal information only if
110    the officer, employee, justice, judge, other person, or
111    employing agency of the designated employee submits a written
112    request for confidentiality to the custodial agency.
113          Section 2. Subparagraph 1. of paragraph (i) of subsection
114    (3) of section 119.07, Florida Statutes, is subject to the Open
115    Government Sunset Review Act of 1995 in accordance with s.
116    119.15, Florida Statutes, and shall stand repealed on October 2,
117    2009, unless reviewed and saved from repeal through reenactment
118    by the Legislature.
119          Section 3. The Legislature finds that the exemption from
120    public records requirements provided for by this act for the
121    home addresses, telephone numbers, social security numbers, and
122    photographs of active or former emergency medical technicians or
123    paramedics certified in compliance with chapter 401, Florida
124    Statutes, the home addresses, telephone numbers, social security
125    numbers, photographs, and places of employment of the spouses
126    and the children of such emergency medical technicians and
127    paramedics, and the names and locations of schools and day care
128    facilities attended by children of such emergency medical
129    technicians and paramedics is a public necessity. This exemption
130    is justified because if such information were not confidential,
131    an emergency medical technician or paramedic or a member or
132    members of his or her family could be harmed or threatened with
133    harm by an individual, or a family member of such individual,
134    who was provided emergency medical care which resulted in a
135    negative outcome.
136          Section 4. This act shall take effect upon becoming a law.