Senate Bill sb0058

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

16  

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

                                  1

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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

                                  2

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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

                                  3

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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

                                  4

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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

                                  5

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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

                                  6

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






    Florida Senate - 2005                                    SB 58
    32-36-05




 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.

 5  

 6            *****************************************

 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.
10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  7

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