Senate Bill sb1628

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    Florida Senate - 2005                                  SB 1628

    By Senator Crist





    12-1322-05

  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 for personal

  5         identifying information contained in records

  6         concerning current or former juvenile probation

  7         officers, juvenile probation supervisors, and

  8         juvenile detention officers of the Department

  9         of Juvenile Justice, and their spouses and

10         children; providing for future repeal and

11         legislative review under the Open Government

12         Sunset Review Act of 1995; providing a

13         statement of public necessity; providing an

14         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;

21  photographing 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

27  and Family Services whose duties include the investigation of

28  abuse, 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,

31  and personnel of the Department of Revenue or local

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    Florida Senate - 2005                                  SB 1628
    12-1322-05




 1  governments whose responsibilities include revenue collection

 2  and enforcement or child support enforcement; the home

 3  addresses, telephone numbers, social security numbers,

 4  photographs, and places of employment of the spouses and

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

 6  schools and day care facilities attended by the children of

 7  such personnel are exempt from the provisions of subsection

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

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

10  addresses, telephone numbers, photographs, and places of

11  employment of the spouses and children of such firefighters;

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

13  attended by the children of such firefighters are exempt from

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

15  justices of the Supreme Court, district court of appeal

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

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

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

19  and locations of schools and day care facilities attended by

20  the children of justices and judges are exempt from the

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

22  numbers, social security numbers, and photographs of current

23  or former state attorneys, assistant state attorneys,

24  statewide prosecutors, or assistant statewide prosecutors; 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 state attorneys, assistant state

28  attorneys, statewide prosecutors, or assistant statewide

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

30  care facilities attended by the children of current or former

31  state attorneys, assistant state attorneys, statewide

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    Florida Senate - 2005                                  SB 1628
    12-1322-05




 1  prosecutors, or assistant statewide prosecutors are exempt

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

 3  Constitution.

 4         2.  The home addresses, telephone numbers, social

 5  security numbers, and photographs of current or former human

 6  resource, labor relations, or employee relations directors,

 7  assistant directors, managers, or assistant managers of any

 8  local government agency or water management district whose

 9  duties include hiring and firing employees, labor contract

10  negotiation, administration, or other personnel-related

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

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

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

14  locations of schools and day care facilities attended by the

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

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

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

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

19  2, 2006, unless reviewed and saved from repeal through

20  reenactment by the Legislature.

21         3.  The home addresses, telephone numbers, social

22  security numbers, and photographs of current or former United

23  States attorneys and assistant United States attorneys; the

24  home addresses, telephone numbers, social security numbers,

25  photographs, and places of employment of the spouses and

26  children of current or former United States attorneys and

27  assistant United States attorneys; and the names and locations

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

29  current or former United States attorneys and assistant United

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

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

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    Florida Senate - 2005                                  SB 1628
    12-1322-05




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

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

 3  unless reviewed and saved from repeal through reenactment by

 4  the Legislature.

 5         4.  The home addresses, telephone numbers, social

 6  security numbers, and photographs of current or former judges

 7  of United States Courts of Appeal, United States district

 8  judges, and United States magistrate judges; the home

 9  addresses, telephone numbers, social security numbers,

10  photographs, and places of employment of the spouses and

11  children of current or former judges of United States Courts

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

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

14  day care facilities attended by the children of current or

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

16  district judges, and United States magistrate judges are

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

18  Constitution. This subparagraph is subject to the Open

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

20  119.15, and shall stand repealed on October 2, 2009, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         5.  The home addresses, telephone numbers, social

24  security numbers, and photographs of current or former code

25  enforcement officers; the names, home addresses, telephone

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

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

28  the names and locations of schools and day care facilities

29  attended by the children of such persons are exempt from

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

31  This subparagraph is subject to the Open Government Sunset

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    Florida Senate - 2005                                  SB 1628
    12-1322-05




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

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

 3  from repeal through reenactment by the Legislature.

 4         6.  The home addresses, telephone numbers, social

 5  security numbers, and photographs of current or former

 6  juvenile probation officers, juvenile probation supervisors,

 7  and juvenile detention officers of the Department of Juvenile

 8  Justice; the names, home addresses, telephone numbers, social

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

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

11  locations of schools and day care facilities attended by the

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

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

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

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

16  2, 2010, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

18         7.6.  An agency that is the custodian of the personal

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

20  subparagraph 3., subparagraph 4., or subparagraph 5., or

21  subparagraph 6., and that is not the employer of the officer,

22  employee, justice, judge, or other person specified in

23  subparagraph 1., subparagraph 2., subparagraph 3.,

24  subparagraph 4., or subparagraph 5., or subparagraph 6., shall

25  maintain the exempt status of the personal information only if

26  the officer, employee, justice, judge, other person, or

27  employing agency of the designated employee submits a written

28  request for maintenance of the exemption to the custodial

29  agency.

30         Section 2.  The Legislature finds that the exemption

31  from public-records requirements provided in this act for

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    Florida Senate - 2005                                  SB 1628
    12-1322-05




 1  identifying information relating to current and former

 2  juvenile probation officers, juvenile probation supervisors,

 3  and juvenile detention officers of the Department of Juvenile

 4  Justice and their families is a public necessity. This act is

 5  justified because, if such information were not confidential,

 6  a juvenile probation officer, a juvenile probation supervisor,

 7  a juvenile detention officer, or his or her family could be

 8  harmed or threatened with harm by a juvenile defendant or by a

 9  friend or family member of a juvenile defendant.

10         Section 3.  This act shall take effect October 1, 2005.

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13                          SENATE SUMMARY

14    Provides that personal identifying information contained
      in records for juvenile probation officers, juvenile
15    probation supervisors, and juvenile detention officers of
      the Department of Juvenile Justice, and their spouses and
16    children, are exempt from disclosure under the public
      records law.
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