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:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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 2 3:34 PM 03/13/06 s1320d-cj12-c8n
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. 3 3:34 PM 03/13/06 s1320d-cj12-c8n
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 4 3:34 PM 03/13/06 s1320d-cj12-c8n
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 5 3:34 PM 03/13/06 s1320d-cj12-c8n
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 6 3:34 PM 03/13/06 s1320d-cj12-c8n
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 7 3:34 PM 03/13/06 s1320d-cj12-c8n
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 8 3:34 PM 03/13/06 s1320d-cj12-c8n
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. 11 12 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 16 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 9 3:34 PM 03/13/06 s1320d-cj12-c8n
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. 19 20 21 22 23 24 25 26 27 28 29 30 31 10 3:34 PM 03/13/06 s1320d-cj12-c8n