Senate Bill sb0058
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Florida Senate - 2005 SB 58
By Senator Campbell
32-36-05
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; providing for the
5 confidentiality of personal identifying
6 information contained in records of current or
7 former personnel of a crime laboratory or
8 medical examiner's office and their spouses and
9 children; providing for future repeal and
10 legislative review under the Open Government
11 Sunset Review Act of 1995; providing a
12 statement of public necessity; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (i) of subsection (6) of section
18 119.07, Florida Statutes, is amended to read:
19 119.07 Inspection and copying of records;
20 photographing public records; fees; exemptions.--
21 (6)
22 (i)1. The home addresses, telephone numbers, social
23 security numbers, and photographs of active or former law
24 enforcement personnel, including correctional and correctional
25 probation officers, personnel of the Department of Children
26 and Family Services whose duties include the investigation of
27 abuse, neglect, exploitation, fraud, theft, or other criminal
28 activities, personnel of the Department of Health whose duties
29 are to support the investigation of child abuse or neglect,
30 and personnel of the Department of Revenue or local
31 governments whose responsibilities include revenue collection
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Florida Senate - 2005 SB 58
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1 and enforcement or child support enforcement; the home
2 addresses, telephone numbers, social security numbers,
3 photographs, and places of employment of the spouses and
4 children of such personnel; and the names and locations of
5 schools and day care facilities attended by the children of
6 such personnel are exempt from the provisions of subsection
7 (1). The home addresses, telephone numbers, and photographs of
8 firefighters certified in compliance with s. 633.35; the home
9 addresses, telephone numbers, photographs, and places of
10 employment of the spouses and children of such firefighters;
11 and the names and locations of schools and day care facilities
12 attended by the children of such firefighters are exempt from
13 subsection (1). The home addresses and telephone numbers of
14 justices of the Supreme Court, district court of appeal
15 judges, circuit court judges, and county court judges; the
16 home addresses, telephone numbers, and places of employment of
17 the spouses and children of justices and judges; and the names
18 and locations of schools and day care facilities attended by
19 the children of justices and judges are exempt from the
20 provisions of subsection (1). The home addresses, telephone
21 numbers, social security numbers, and photographs of current
22 or former state attorneys, assistant state attorneys,
23 statewide prosecutors, or assistant statewide prosecutors; 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 state attorneys, assistant state
27 attorneys, statewide prosecutors, or assistant statewide
28 prosecutors; and the names and locations of schools and day
29 care facilities attended by the children of current or former
30 state attorneys, assistant state attorneys, statewide
31 prosecutors, or assistant statewide prosecutors are exempt
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Florida Senate - 2005 SB 58
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1 from subsection (1) and s. 24(a), Art. I of the State
2 Constitution.
3 2. The home addresses, telephone numbers, social
4 security numbers, and photographs of current or former human
5 resource, labor relations, or employee relations directors,
6 assistant directors, managers, or assistant managers of any
7 local government agency or water management district whose
8 duties include hiring and firing employees, labor contract
9 negotiation, administration, or other personnel-related
10 duties; the names, home addresses, telephone numbers, social
11 security numbers, photographs, and places of employment of the
12 spouses and children of such personnel; and the names and
13 locations of schools and day care facilities attended by the
14 children of such personnel are exempt from subsection (1) and
15 s. 24(a), Art. I of the State Constitution. This subparagraph
16 is subject to the Open Government Sunset Review Act of 1995 in
17 accordance with s. 119.15, and shall stand repealed on October
18 2, 2006, unless reviewed and saved from repeal through
19 reenactment by the Legislature.
20 3. The home addresses, telephone numbers, social
21 security numbers, and photographs of current or former United
22 States attorneys and assistant United States attorneys; the
23 home addresses, telephone numbers, social security numbers,
24 photographs, and places of employment of the spouses and
25 children of current or former United States attorneys and
26 assistant United States attorneys; and the names and locations
27 of schools and day care facilities attended by the children of
28 current or former United States attorneys and assistant United
29 States attorneys are exempt from subsection (1) and s. 24(a),
30 Art. I of the State Constitution. This subparagraph is subject
31 to the Open Government Sunset Review Act of 1995 in accordance
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Florida Senate - 2005 SB 58
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1 with s. 119.15 and shall stand repealed on October 2, 2009,
2 unless reviewed and saved from repeal through reenactment by
3 the Legislature.
4 4. The home addresses, telephone numbers, social
5 security numbers, and photographs of current or former judges
6 of United States Courts of Appeal, United States district
7 judges, and United States magistrate judges; the home
8 addresses, telephone numbers, social security numbers,
9 photographs, and places of employment of the spouses and
10 children of current or former judges of United States Courts
11 of Appeal, United States district judges, and United States
12 magistrate judges; and the names and locations of schools and
13 day care facilities attended by the children of current or
14 former judges of United States Courts of Appeal, United States
15 district judges, and United States magistrate judges are
16 exempt from subsection (1) and s. 24(a), Art. I of the State
17 Constitution. This subparagraph is subject to the Open
18 Government Sunset Review Act of 1995 in accordance with s.
19 119.15, and shall stand repealed on October 2, 2009, unless
20 reviewed and saved from repeal through reenactment by the
21 Legislature.
22 5. The home addresses, telephone numbers, social
23 security numbers, and photographs of current or former code
24 enforcement officers; the names, home addresses, telephone
25 numbers, social security numbers, photographs, and places of
26 employment of the spouses and children of such persons; and
27 the names and locations of schools and day care facilities
28 attended by the children of such persons are exempt from
29 subsection (1) and s. 24(a), Art. I of the State Constitution.
30 This subparagraph is subject to the Open Government Sunset
31 Review Act of 1995 in accordance with s. 119.15, and shall
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1 stand repealed on October 2, 2006, unless reviewed and saved
2 from repeal through reenactment by the Legislature.
3 6. The home addresses, telephone numbers, social
4 security numbers, and photographs of current or former
5 personnel of a crime laboratory or medical examiner's office;
6 the names, home addresses, telephone numbers, social security
7 numbers, photographs, and places of employment of spouses and
8 children of current or former personnel of a crime laboratory
9 or medical examiner's office; and the names and locations of
10 schools and day care facilities attended by children of
11 current or former personnel of a crime laboratory or medical
12 examiner's office are exempt from subsection (1) and s. 24(a),
13 Art. I of the State Constitution. For purposes of this
14 subparagraph, personnel of a crime laboratory or medical
15 examiner's office are defined as personnel whose primary
16 duties or responsibilities include performing laboratory and
17 analytical work in criminal identification and investigation;
18 photographing crime scenes; classifying, evaluating, and
19 identifying fingerprints; or supervising one or more persons
20 who have those duties or responsibilities. This subparagraph
21 is subject to the Open Government Sunset Review Act of 1995 in
22 accordance with s. 119.15, and shall stand repealed on October
23 2, 2010, unless reviewed and saved from repeal through
24 reenactment by the Legislature.
25 7.6. An agency that is the custodian of the personal
26 information specified in subparagraph 1., subparagraph 2.,
27 subparagraph 3., subparagraph 4., or subparagraph 5., or
28 subparagraph 6., and that is not the employer of the officer,
29 employee, justice, judge, or other person specified in
30 subparagraph 1., subparagraph 2., subparagraph 3.,
31 subparagraph 4., or subparagraph 5., or subparagraph 6., shall
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1 maintain the exempt status of the personal information only if
2 the officer, employee, justice, judge, other person, or
3 employing agency of the designated employee submits a written
4 request for maintenance of the exemption to the custodial
5 agency.
6 Section 2. The Legislature finds that the exemption
7 from public-records requirements provided by this act for
8 identifying information relating to current and former
9 personnel of a crime laboratory or medical examiner's office
10 and their families is a public necessity. Personnel of a crime
11 laboratory or medical examiner's office are often called upon
12 to provide professional opinions regarding the manner of death
13 or injury of a victim of crime. The opinions they render may
14 lead to the conviction of the accused and to the accused's
15 incarceration or execution. As a result, current or former
16 personnel could be targeted for revenge by the accused or by
17 family or friends of the accused. In addition, persons who
18 might seek revenge against current or former personnel of a
19 crime laboratory or medical examiner's office could also
20 target the family members of these personnel. If identifying
21 information of current or former personnel of a crime
22 laboratory or medical examiner's office or their family
23 members is not made exempt from public-records requirements,
24 it would be much easier for persons with an intent to seek
25 revenge to locate these personnel and their families and cause
26 them harm. Thus, the Legislature finds that it is a public
27 necessity to exempt from disclosure the home addresses,
28 telephone numbers, social security numbers, and photographs of
29 current and former personnel of a crime laboratory or medical
30 examiner's office; the names, home addresses, telephone
31 numbers, social security numbers, photographs, and places of
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Florida Senate - 2005 SB 58
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1 employment of their spouses and children; and the names and
2 locations of schools and day care facilities attended by the
3 children of such personnel.
4 Section 3. This act shall take effect October 1, 2005.
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7 SENATE SUMMARY
8 Exempts certain records identifying the personnel of a
crime laboratory or medical examiner and their families
9 from public disclosure requirements. Provides for future
repeal and legislative review of the exemption.
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