Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
CHAMBER ACTION
Senate House
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03/15/2006 06:35 PM .
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11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (d) of subsection (4) of section
19 119.071, Florida Statutes, is amended to read:
20 119.071 General exemptions from inspection or copying
21 of public records.--
22 (4) AGENCY PERSONNEL INFORMATION.--
23 (d)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 - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
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 s. 119.07(1). The home
8 addresses, telephone numbers, and photographs of firefighters
9 certified in compliance with s. 633.35; the home addresses,
10 telephone numbers, photographs, and places of employment of
11 the spouses and children of such firefighters; and the names
12 and locations of schools and day care facilities attended by
13 the children of such firefighters are exempt from s.
14 119.07(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 s.
21 119.07(1). The home addresses, telephone numbers, social
22 security numbers, and photographs of current or former state
23 attorneys, assistant state attorneys, statewide prosecutors,
24 or assistant statewide prosecutors; the home addresses,
25 telephone numbers, social security numbers, photographs, and
26 places of employment of the spouses and children of current or
27 former state attorneys, assistant state attorneys, statewide
28 prosecutors, or assistant statewide prosecutors; and the names
29 and locations of schools and day care facilities attended by
30 the children of current or former state attorneys, assistant
31 state attorneys, statewide prosecutors, or assistant statewide
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I
2 of the State 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 s. 119.07(1) and s.
15 24(a), Art. I of the State Constitution. This subparagraph is
16 subject to the Open Government Sunset Review Act in accordance
17 with s. 119.15 and shall stand repealed on October 2, 2006,
18 unless reviewed and saved from repeal through reenactment by
19 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 s. 119.07(1) and s. 24(a),
30 Art. I of the State Constitution. This subparagraph is subject
31 to the Open Government Sunset Review Act in accordance with s.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 119.15 and shall stand repealed on October 2, 2009, unless
2 reviewed and saved from repeal through reenactment by the
3 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 s. 119.07(1) and s. 24(a), Art. I of the State
17 Constitution. This subparagraph is subject to the Open
18 Government Sunset Review Act in accordance with s. 119.15 and
19 shall stand repealed on October 2, 2009, unless reviewed and
20 saved from repeal through reenactment by the Legislature.
21 5. The home addresses, telephone numbers, social
22 security numbers, and photographs of current or former code
23 enforcement officers; the names, home addresses, telephone
24 numbers, social security numbers, photographs, and places of
25 employment of the spouses and children of such persons; and
26 the names and locations of schools and day care facilities
27 attended by the children of such persons are exempt from s.
28 119.07(1) and s. 24(a), Art. I of the State Constitution. This
29 subparagraph is subject to the Open Government Sunset Review
30 Act in accordance with s. 119.15 and shall stand repealed on
31 October 2, 2006, unless reviewed and saved from repeal through
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 reenactment by the Legislature.
2 6. The home addresses, telephone numbers, places of
3 employment, and photographs of current or former guardians ad
4 litem, as defined in s. 39.820, and the names, home addresses,
5 telephone numbers, and places of employment of the spouses and
6 children of such persons, are exempt from s. 119.07(1) and s.
7 24(a), Art. I of the State Constitution, if the guardian ad
8 litem provides a written statement that the guardian ad litem
9 has made reasonable efforts to protect such information from
10 being accessible through other means available to the public.
11 This subparagraph is subject to the Open Government Sunset
12 Review Act in accordance with s. 119.15 and shall stand
13 repealed on October 2, 2010, unless reviewed and saved from
14 repeal through reenactment by the Legislature.
15 7. The home addresses, telephone numbers, social
16 security numbers, and photographs of current or former
17 juvenile probation officers, juvenile probation supervisors,
18 detention superintendents, assistant detention
19 superintendents, senior juvenile detention officers, juvenile
20 detention officer supervisors, juvenile detention officers,
21 house parents I and II, house parent supervisors, group
22 treatment leaders, group treatment leader supervisors, social
23 service counselors, and rehabilitation therapists of the
24 Department of Juvenile Justice, the names, home addresses,
25 telephone numbers, social security numbers, photographs, and
26 places of employment of spouses and children of such
27 personnel, and the names and locations of schools and day care
28 facilities attended by the children of such personnel are
29 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution, if the Department of Juvenile Justice personnel
31 member provides a written statement that he or she has made
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 reasonable efforts to protect such information from being
2 accessible through other means available to the public. This
3 subparagraph is subject to the Open Government Sunset Review
4 Act of 1995 in accordance with s. 119.15 and shall stand
5 repealed on October 2, 2011, unless reviewed and saved from
6 repeal through reenactment by the Legislature.
7 8.7. An agency that is the custodian of the personal
8 information specified in subparagraph 1., subparagraph 2.,
9 subparagraph 3., subparagraph 4., subparagraph 5., or
10 subparagraph 6., or subparagraph 7. and that is not the
11 employer of the officer, employee, justice, judge, or other
12 person specified in subparagraph 1., subparagraph 2.,
13 subparagraph 3., subparagraph 4., subparagraph 5., or
14 subparagraph 6., or subparagraph 7. shall maintain the exempt
15 status of the personal information only if the officer,
16 employee, justice, judge, other person, or employing agency of
17 the designated employee submits a written request for
18 maintenance of the exemption to the custodial agency.
19 Section 2. For the purpose of incorporating the
20 amendment made by this act to section 119.071, Florida
21 Statutes, in a reference thereto, section 409.2577, Florida
22 Statutes, is reenacted to read:
23 409.2577 Parent locator service.--The department shall
24 establish a parent locator service to assist in locating
25 parents who have deserted their children and other persons
26 liable for support of dependent children. The department shall
27 use all sources of information available, including the
28 Federal Parent Locator Service, and may request and shall
29 receive information from the records of any person or the
30 state or any of its political subdivisions or any officer
31 thereof. Any agency as defined in s. 120.52, any political
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 subdivision, and any other person shall, upon request, provide
2 the department any information relating to location, salary,
3 insurance, social security, income tax, and employment history
4 necessary to locate parents who owe or potentially owe a duty
5 of support pursuant to Title IV-D of the Social Security Act.
6 This provision shall expressly take precedence over any other
7 statutory nondisclosure provision which limits the ability of
8 an agency to disclose such information, except that law
9 enforcement information as provided in s. 119.071(4)(d) is not
10 required to be disclosed, and except that confidential
11 taxpayer information possessed by the Department of Revenue
12 shall be disclosed only to the extent authorized in s.
13 213.053(15). Nothing in this section requires the disclosure
14 of information if such disclosure is prohibited by federal
15 law. Information gathered or used by the parent locator
16 service is confidential and exempt from the provisions of s.
17 119.07(1). Additionally, the department is authorized to
18 collect any additional information directly bearing on the
19 identity and whereabouts of a person owing or asserted to be
20 owing an obligation of support for a dependent child. The
21 department shall, upon request, make information available
22 only to public officials and agencies of this state; political
23 subdivisions of this state, including any agency thereof
24 providing child support enforcement services to non-Title IV-D
25 clients; the custodial parent, legal guardian, attorney, or
26 agent of the child; and other states seeking to locate parents
27 who have deserted their children and other persons liable for
28 support of dependents, for the sole purpose of establishing,
29 modifying, or enforcing their liability for support, and shall
30 make such information available to the Department of Children
31 and Family Services for the purpose of diligent search
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 activities pursuant to chapter 39. If the department has
2 reasonable evidence of domestic violence or child abuse and
3 the disclosure of information could be harmful to the
4 custodial parent or the child of such parent, the child
5 support program director or designee shall notify the
6 Department of Children and Family Services and the Secretary
7 of the United States Department of Health and Human Services
8 of this evidence. Such evidence is sufficient grounds for the
9 department to disapprove an application for location services.
10 Section 3. The Legislature finds that it is a public
11 necessity that the home addresses, telephone numbers, social
12 security numbers, and photographs of current or former
13 juvenile probation officers, juvenile probation supervisors,
14 detention superintendents, assistant detention
15 superintendents, senior juvenile detention officers, juvenile
16 detention officer supervisors, juvenile detention officers,
17 house parents I and II, house parent supervisors, group
18 treatment leaders, group treatment leader supervisors, social
19 service counselors, and rehabilitation therapists of the
20 Department of Juvenile Justice, the names, home addresses,
21 telephone numbers, social security numbers, photographs, and
22 places of employment of spouses and children of such
23 personnel, and the names and locations of schools and day care
24 facilities attended by the children of such personnel be held
25 confidential and exempt from public-records requirements if
26 the Department of Juvenile Justice personnel member seeking
27 the exemption provides a written statement that he or she has
28 made reasonable efforts to protect such information from being
29 accessible through other means available to the public. This
30 exemption is justified because, if such information were not
31 confidential, a juvenile probation officer, juvenile probation
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 supervisor, detention superintendent, assistant detention
2 superintendent, senior juvenile detention officer, juvenile
3 detention officer supervisor, juvenile detention officer,
4 house parent, house parent supervisor, group treatment leader,
5 group treatment leader supervisor, social service counselor,
6 or rehabilitation therapist of the Department of Juvenile
7 Justice or his or her family could be harmed or threatened
8 with harm by a juvenile defendant or by a friend or family
9 member of a juvenile defendant.
10 Section 4. This act shall take effect October 1, 2006.
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Delete everything before the enacting clause
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17 and insert:
18 A bill to be entitled
19 An act relating to public records; amending s.
20 119.071, F.S.; providing an exemption from
21 public-records requirements for the home
22 addresses, telephone numbers, social security
23 numbers, and photographs of current or former
24 juvenile probation officers, juvenile probation
25 supervisors, detention superintendents,
26 assistant detention superintendents, senior
27 juvenile detention officers, juvenile detention
28 officer supervisors, juvenile detention
29 officers, house parents I and II, house parent
30 supervisors, group treatment leaders, group
31 treatment leader supervisors, social services
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1320
Barcode 844570
1 counselors, and rehabilitation therapists of
2 the Department of Juvenile Justice, the names,
3 home addresses, telephone numbers, social
4 security numbers, photographs, and places of
5 employment of spouses and children of such
6 personnel, and the names and locations of
7 schools and day care facilities attended by the
8 children of such personnel; providing a
9 condition precedent to the granting of such
10 exemption; providing for review and repeal;
11 reenacting s. 409.2577, F.S., relating to
12 disclosure of information to the parent locator
13 service of the Department of Children and
14 Family Services, for the purpose of
15 incorporating the amendment to s. 119.071,
16 F.S., in a reference thereto; providing a
17 statement of public necessity; providing an
18 effective date.
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