HB 1435

1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; creating an exemption from public records
4	requirements for the home addresses, telephone numbers,
5	social security numbers, and photographs of specified
6	employees of a law enforcement agency or medical
7	examiner's office in a forensic discipline, the names,
8	home addresses, telephone numbers, social security
9	numbers, photographs, and places of employment of the
10	spouses and children of such employees, and the names and
11	locations of schools and day care facilities attended by
12	the children of such employees; providing for future
13	review and repeal; providing a statement of public
14	necessity; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (i) of subsection (6) of section
19	119.07, Florida Statutes, is amended to read:
20	119.07  Inspection and copying of records; photographing
21	public records; fees; exemptions.--
22	(6)
23	(i)1.  The home addresses, telephone numbers, social
24	security numbers, and photographs of active or former law
25	enforcement personnel, including correctional and correctional
26	probation officers, personnel of the Department of Children and
27	Family Services whose duties include the investigation of abuse,
28	neglect, exploitation, fraud, theft, or other criminal
29	activities, personnel of the Department of Health whose duties
30	are to support the investigation of child abuse or neglect, and
31	personnel of the Department of Revenue or local governments
32	whose responsibilities include revenue collection and
33	enforcement or child support enforcement; the home addresses,
34	telephone numbers, social security numbers, photographs, and
35	places of employment of the spouses and children of such
36	personnel; and the names and locations of schools and day care
37	facilities attended by the children of such personnel are exempt
38	from the provisions of subsection (1). The home addresses,
39	telephone numbers, and photographs of firefighters certified in
40	compliance with s. 633.35; the home addresses, telephone
41	numbers, photographs, and places of employment of the spouses
42	and children of such firefighters; and the names and locations
43	of schools and day care facilities attended by the children of
44	such firefighters are exempt from subsection (1). The home
45	addresses and telephone numbers of justices of the Supreme
46	Court, district court of appeal judges, circuit court judges,
47	and county court judges; the home addresses, telephone numbers,
48	and places of employment of the spouses and children of justices
49	and judges; and the names and locations of schools and day care
50	facilities attended by the children of justices and judges are
51	exempt from the provisions of subsection (1). The home
52	addresses, telephone numbers, social security numbers, and
53	photographs of current or former state attorneys, assistant
54	state attorneys, statewide prosecutors, or assistant statewide
55	prosecutors; the home addresses, telephone numbers, social
56	security numbers, photographs, and places of employment of the
57	spouses and children of current or former state attorneys,
58	assistant state attorneys, statewide prosecutors, or assistant
59	statewide prosecutors; and the names and locations of schools
60	and day care facilities attended by the children of current or
61	former state attorneys, assistant state attorneys, statewide
62	prosecutors, or assistant statewide prosecutors are exempt from
63	subsection (1) and s. 24(a), Art. I of the State Constitution.
64	2.  The home addresses, telephone numbers, social security
65	numbers, and photographs of current or former human resource,
66	labor relations, or employee relations directors, assistant
67	directors, managers, or assistant managers of any local
68	government agency or water management district whose duties
69	include hiring and firing employees, labor contract negotiation,
70	administration, or other personnel-related duties; the names,
71	home addresses, telephone numbers, social security numbers,
72	photographs, and places of employment of the spouses and
73	children of such personnel; and the names and locations of
74	schools and day care facilities attended by the children of such
75	personnel are exempt from subsection (1) and s. 24(a), Art. I of
76	the State Constitution. This subparagraph is subject to the Open
77	Government Sunset Review Act of 1995 in accordance with s.
78	119.15, and shall stand repealed on October 2, 2006, unless
79	reviewed and saved from repeal through reenactment by the
80	Legislature.
81	3.  The home addresses, telephone numbers, social security
82	numbers, and photographs of current or former United States
83	attorneys and assistant United States attorneys; the home
84	addresses, telephone numbers, social security numbers,
85	photographs, and places of employment of the spouses and
86	children of current or former United States attorneys and
87	assistant United States attorneys; and the names and locations
88	of schools and day care facilities attended by the children of
89	current or former United States attorneys and assistant United
90	States attorneys are exempt from subsection (1) and s. 24(a),
91	Art. I of the State Constitution. This subparagraph is subject
92	to the Open Government Sunset Review Act of 1995 in accordance
93	with s. 119.15 and shall stand repealed on October 2, 2009,
94	unless reviewed and saved from repeal through reenactment by the
95	Legislature.
96	4.  The home addresses, telephone numbers, social security
97	numbers, and photographs of current or former judges of United
98	States Courts of Appeal, United States district judges, and
99	United States magistrate judges; the home addresses, telephone
100	numbers, social security numbers, photographs, and places of
101	employment of the spouses and children of current or former
102	judges of United States Courts of Appeal, United States district
103	judges, and United States magistrate judges; and the names and
104	locations of schools and day care facilities attended by the
105	children of current or former judges of United States Courts of
106	Appeal, United States district judges, and United States
107	magistrate judges are exempt from subsection (1) and s. 24(a),
108	Art. I of the State Constitution. This subparagraph is subject
109	to the Open Government Sunset Review Act of 1995 in accordance
110	with s. 119.15, and shall stand repealed on October 2, 2009,
111	unless reviewed and saved from repeal through reenactment by the
112	Legislature.
113	5.  The home addresses, telephone numbers, social security
114	numbers, and photographs of current or former code enforcement
115	officers; the names, home addresses, telephone numbers, social
116	security numbers, photographs, and places of employment of the
117	spouses and children of such persons; and the names and
118	locations of schools and day care facilities attended by the
119	children of such persons are exempt from subsection (1) and s.
120	24(a), Art. I of the State Constitution. This subparagraph is
121	subject to the Open Government Sunset Review Act of 1995 in
122	accordance with s. 119.15, and shall stand repealed on October
123	2, 2006, unless reviewed and saved from repeal through
124	reenactment by the Legislature.
125	6.a.  The home addresses, telephone numbers, social
126	security numbers, and photographs of employees of a law
127	enforcement agency or medical examiner's office in a forensic
128	discipline recognized by the International Association for
129	Identification and qualified for active membership in the
130	association; the names, home addresses, telephone numbers,
131	social security numbers, photographs, and places of employment
132	of the spouses and children of such employees; and the names and
133	locations of schools and day care facilities attended by
134	children of such employees are exempt from subsection (1) and s.
135	24(a), Art. I of the State Constitution. For purposes of this
136	sub-subparagraph, employees of a law enforcement agency or
137	medical examiner's office in a forensic discipline recognized by
138	the International Association for Identification and qualified
139	for active membership in the association are defined as
140	employees whose primary duties or responsibilities include the
141	collection, examination, preservation, documentation,
142	preparation, or analysis of physical evidence or testimony, or
143	both, or employees who are a direct supervisor, quality
144	management supervisor, or command officer of one or more
145	individuals with such responsibility. Administrative support
146	personnel, including, but not limited to, those whose primary
147	responsibilities are clerical or in accounting, purchasing,
148	legal, and personnel, shall not be included.
149	b.  Sub-subparagraph a. is subject to the Open Government
150	Sunset Review Act of 1995 in accordance with s. 119.15, and
151	shall stand repealed on October 2, 2010, unless reviewed and
152	saved from repeal through reenactment by the Legislature.
153	7.6.  An agency that is the custodian of the personal
154	information specified in subparagraph 1., subparagraph 2.,
155	subparagraph 3., subparagraph 4., or subparagraph 5., or
156	subparagraph 6., and that is not the employer of the officer,
157	employee, justice, judge, or other person specified in
158	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
159	4., or subparagraph 5., or subparagraph 6., shall maintain the
160	exempt status of the personal information only if the officer,
161	employee, justice, judge, other person, or employing agency of
162	the designated employee submits a written request for
163	maintenance of the exemption to the custodial agency.
164	Section 2.  The Legislature finds that the exemption from
165	s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the
166	State Constitution provided by this act for the home addresses,
167	telephone numbers, social security numbers, and photographs of
168	employees of a law enforcement agency or medical examiner's
169	office in a forensic discipline recognized by the International
170	Association for Identification and qualified for active
171	membership in the association whose primary duties or
172	responsibilities include the collection, examination,
173	preservation, documentation, preparation, or analysis of
174	physical evidence or testimony, or both, or who are a direct
175	supervisor, quality management supervisor, or command officer of
176	one or more individuals with such responsibility; the names,
177	home addresses, telephone numbers, social security numbers,
178	photographs, and places of employment of the spouses and
179	children of such employees; and the names and locations of
180	schools and day care facilities attended by the children of such
181	employees is a public necessity. Employees of a law enforcement
182	agency or medical examiner's office in a forensic discipline are
183	often called upon to provide professional opinions regarding the
184	manner of death or injury of a victim of crime. The opinions
185	they render may lead to the conviction of the accused and to the
186	accused's incarceration or execution. As a result, employees
187	could be targeted for revenge by the accused or by family or
188	friends of the accused. In addition, persons who might seek
189	revenge against employees of a law enforcement agency or medical
190	examiner's office in a forensic discipline could also target the
191	family members of these employees. If identifying information of
192	employees of a law enforcement agency or medical examiner's
193	office in a forensic discipline or their family members is not
194	made exempt from public records requirements, it would be much
195	easier for persons with an intent to seek revenge to locate
196	these employees and their families and cause them harm. Thus,
197	the Legislature finds that it is a public necessity to exempt
198	from disclosure the home addresses, telephone numbers, social
199	security numbers, and photographs of employees of a law
200	enforcement agency or medical examiner's office in a forensic
201	discipline recognized by the International Association for
202	Identification and qualified for active membership in the
203	association whose primary duties or responsibilities include the
204	collection, examination, preservation, documentation,
205	preparation, or analysis of physical evidence or testimony, or
206	both, or who are a direct supervisor, quality management
207	supervisor, or command officer of one or more individuals with
208	such responsibility; the names, home addresses, telephone
209	numbers, social security numbers, photographs, and places of
210	employment of their spouses and children; and the names and
211	locations of schools and day care facilities attended by the
212	children of such employees.
213	Section 3.  This act shall take effect on the same date
214	that HB 215 or similar legislation takes effect, if such
215	legislation is adopted in the same legislative session or an
216	extension thereof and becomes law.

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