Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
CHAMBER ACTION
Senate House
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04/25/2006 04:58 PM .
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11 The Committee on Governmental Oversight and Productivity
12 (Constantine) recommended the 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. CS for SB 1320
Barcode 914984
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. CS for SB 1320
Barcode 914984
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. CS for SB 1320
Barcode 914984
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. CS for SB 1320
Barcode 914984
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, and
16 photographs of current or former juvenile probation officers,
17 juvenile probation supervisors, detention superintendents,
18 assistant detention superintendents, senior juvenile detention
19 officers, juvenile detention officer supervisors, juvenile
20 detention officers, house parents I and II, house parent
21 supervisors, group treatment leaders, group treatment leader
22 supervisors, rehabilitation therapists, and social services
23 counselors of the Department of Juvenile Justice, the names,
24 home addresses, telephone numbers, and places of employment of
25 spouses and children of such personnel, and the names and
26 locations of schools and day care facilities attended by the
27 children of such personnel are exempt from s. 119.07(1) and s.
28 24(a), Art. I of the State Constitution. This subparagraph is
29 subject to the Open Government Sunset Review Act in accordance
30 with s. 119.15 and shall stand repealed on October 2, 2011,
31 unless reviewed and saved from repeal through reenactment by
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
1 the Legislature.
2 8.7. An agency that is the custodian of the personal
3 information specified in subparagraph 1., subparagraph 2.,
4 subparagraph 3., subparagraph 4., subparagraph 5., or
5 subparagraph 6., or subparagraph 7. and that is not the
6 employer of the officer, employee, justice, judge, or other
7 person specified in subparagraph 1., subparagraph 2.,
8 subparagraph 3., subparagraph 4., subparagraph 5., or
9 subparagraph 6., or subparagraph 7. shall maintain the exempt
10 status of the personal information only if the officer,
11 employee, justice, judge, other person, or employing agency of
12 the designated employee submits a written request for
13 maintenance of the exemption to the custodial agency.
14 Section 2. For the purpose of incorporating the
15 amendment made by this act to section 119.071, Florida
16 Statutes, in a reference thereto, section 409.2577, Florida
17 Statutes, is reenacted to read:
18 409.2577 Parent locator service.--The department shall
19 establish a parent locator service to assist in locating
20 parents who have deserted their children and other persons
21 liable for support of dependent children. The department shall
22 use all sources of information available, including the
23 Federal Parent Locator Service, and may request and shall
24 receive information from the records of any person or the
25 state or any of its political subdivisions or any officer
26 thereof. Any agency as defined in s. 120.52, any political
27 subdivision, and any other person shall, upon request, provide
28 the department any information relating to location, salary,
29 insurance, social security, income tax, and employment history
30 necessary to locate parents who owe or potentially owe a duty
31 of support pursuant to Title IV-D of the Social Security Act.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
1 This provision shall expressly take precedence over any other
2 statutory nondisclosure provision which limits the ability of
3 an agency to disclose such information, except that law
4 enforcement information as provided in s. 119.071(4)(d) is not
5 required to be disclosed, and except that confidential
6 taxpayer information possessed by the Department of Revenue
7 shall be disclosed only to the extent authorized in s.
8 213.053(15). Nothing in this section requires the disclosure
9 of information if such disclosure is prohibited by federal
10 law. Information gathered or used by the parent locator
11 service is confidential and exempt from the provisions of s.
12 119.07(1). Additionally, the department is authorized to
13 collect any additional information directly bearing on the
14 identity and whereabouts of a person owing or asserted to be
15 owing an obligation of support for a dependent child. The
16 department shall, upon request, make information available
17 only to public officials and agencies of this state; political
18 subdivisions of this state, including any agency thereof
19 providing child support enforcement services to non-Title IV-D
20 clients; the custodial parent, legal guardian, attorney, or
21 agent of the child; and other states seeking to locate parents
22 who have deserted their children and other persons liable for
23 support of dependents, for the sole purpose of establishing,
24 modifying, or enforcing their liability for support, and shall
25 make such information available to the Department of Children
26 and Family Services for the purpose of diligent search
27 activities pursuant to chapter 39. If the department has
28 reasonable evidence of domestic violence or child abuse and
29 the disclosure of information could be harmful to the
30 custodial parent or the child of such parent, the child
31 support program director or designee shall notify the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
1 Department of Children and Family Services and the Secretary
2 of the United States Department of Health and Human Services
3 of this evidence. Such evidence is sufficient grounds for the
4 department to disapprove an application for location services.
5 Section 3. The Legislature finds that it is a public
6 necessity that the home addresses, telephone numbers, and
7 photographs of current or former juvenile probation officers,
8 juvenile probation supervisors, detention superintendents,
9 assistant detention superintendents, senior juvenile detention
10 officers, juvenile detention officer supervisors, juvenile
11 detention officers, house parents I and II, house parent
12 supervisors, group treatment leaders, group treatment leader
13 supervisors, rehabilitation therapists, and social services
14 counselors of the Department of Juvenile Justice, the names,
15 home addresses, telephone numbers, and places of employment of
16 spouses and children of such personnel, and the names and
17 locations of schools and day care facilities attended by the
18 children of such personnel be made exempt from public-records
19 requirements. This exemption is justified because, if such
20 information were not made exempt from public-records
21 requirements, a juvenile probation officer, juvenile probation
22 supervisor, detention superintendent, assistant detention
23 superintendent, senior juvenile detention officer, juvenile
24 detention officer supervisor, juvenile detention officer,
25 house parent, house parent supervisor, group treatment leader,
26 group treatment leader supervisor, rehabilitation therapist,
27 or social services counselor of the Department of Juvenile
28 Justice or his or her family could be harmed or threatened
29 with harm by a juvenile defendant or by a friend or family
30 member of a juvenile defendant.
31 Section 4. This act shall take effect October 1, 2006.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to public records; amending s.
8 119.071, F.S.; providing an exemption from
9 public-records requirements for the home
10 addresses, telephone numbers, and photographs
11 of current or former juvenile probation
12 officers, juvenile probation supervisors,
13 detention superintendents, assistant detention
14 superintendents, senior juvenile detention
15 officers, juvenile detention officer
16 supervisors, juvenile detention officers, house
17 parents I and II, house parent supervisors,
18 group treatment leaders, group treatment leader
19 supervisors, rehabilitation therapists, and
20 social services counselors of the Department of
21 Juvenile Justice, the names, home addresses,
22 telephone numbers, and places of employment of
23 spouses and children of such personnel, and the
24 names and locations of schools and day care
25 facilities attended by the children of such
26 personnel; providing for review and repeal;
27 reenacting s. 409.2577, F.S., relating to
28 disclosure of information to the parent locator
29 service of the Department of Children and
30 Family Services, for the purpose of
31 incorporating the amendment to s. 119.071,
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1320
Barcode 914984
1 F.S., in a reference thereto; providing a
2 statement of public necessity; providing an
3 effective date.
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