Senate Bill sb1320

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    Florida Senate - 2006                                  SB 1320

    By Senator Crist





    12-666A-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.071, F.S.; creating an exemption from

  4         public-records requirements for personal

  5         identifying information contained in records

  6         concerning certain current or former personnel

  7         of the Department of Juvenile Justice and their

  8         spouses; providing for future repeal and

  9         legislative review under the Open Government

10         Sunset Review Act; providing a statement of

11         public necessity; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (d) of subsection (4) of section

16  119.071, Florida Statutes, is amended to read:

17         119.071  General exemptions from inspection or copying

18  of public records.--

19         (4)  AGENCY PERSONNEL INFORMATION.--

20         (d)1.  The home addresses, telephone numbers, social

21  security numbers, and photographs of active or former law

22  enforcement personnel, including correctional and correctional

23  probation officers, personnel of the Department of Children

24  and Family Services whose duties include the investigation of

25  abuse, neglect, exploitation, fraud, theft, or other criminal

26  activities, personnel of the Department of Health whose duties

27  are to support the investigation of child abuse or neglect,

28  and personnel of the Department of Revenue or local

29  governments whose responsibilities include revenue collection

30  and enforcement or child support enforcement; the home

31  addresses, telephone numbers, social security numbers,

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    Florida Senate - 2006                                  SB 1320
    12-666A-06




 1  photographs, and places of employment of the spouses and

 2  children of such personnel; and the names and locations of

 3  schools and day care facilities attended by the children of

 4  such personnel are exempt from s. 119.07(1). The home

 5  addresses, telephone numbers, and photographs of firefighters

 6  certified in compliance with s. 633.35; the home addresses,

 7  telephone numbers, photographs, and places of employment of

 8  the spouses and children of such firefighters; and the names

 9  and locations of schools and day care facilities attended by

10  the children of such firefighters are exempt from s.

11  119.07(1). The home addresses and telephone numbers of

12  justices of the Supreme Court, district court of appeal

13  judges, circuit court judges, and county court judges; the

14  home addresses, telephone numbers, and places of employment of

15  the spouses and children of justices and judges; and the names

16  and locations of schools and day care facilities attended by

17  the children of justices and judges are exempt from s.

18  119.07(1). The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former state

20  attorneys, assistant state attorneys, statewide prosecutors,

21  or assistant statewide prosecutors; the home addresses,

22  telephone numbers, social security numbers, photographs, and

23  places of employment of the spouses and children of current or

24  former state attorneys, assistant state attorneys, statewide

25  prosecutors, or assistant statewide prosecutors; and the names

26  and locations of schools and day care facilities attended by

27  the children of current or former state attorneys, assistant

28  state attorneys, statewide prosecutors, or assistant statewide

29  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I

30  of the State Constitution.

31  

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    Florida Senate - 2006                                  SB 1320
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 1         2.  The home addresses, telephone numbers, social

 2  security numbers, and photographs of current or former human

 3  resource, labor relations, or employee relations directors,

 4  assistant directors, managers, or assistant managers of any

 5  local government agency or water management district whose

 6  duties include hiring and firing employees, labor contract

 7  negotiation, administration, or other personnel-related

 8  duties; the names, home addresses, telephone numbers, social

 9  security numbers, photographs, and places of employment of the

10  spouses and children of such personnel; and the names and

11  locations of schools and day care facilities attended by the

12  children of such personnel are exempt from s. 119.07(1) and s.

13  24(a), Art. I of the State Constitution. This subparagraph is

14  subject to the Open Government Sunset Review Act in accordance

15  with s. 119.15 and shall stand repealed on October 2, 2006,

16  unless reviewed and saved from repeal through reenactment by

17  the Legislature.

18         3.  The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former United

20  States attorneys and assistant United States attorneys; the

21  home addresses, telephone numbers, social security numbers,

22  photographs, and places of employment of the spouses and

23  children of current or former United States attorneys and

24  assistant United States attorneys; and the names and locations

25  of schools and day care facilities attended by the children of

26  current or former United States attorneys and assistant United

27  States attorneys are exempt from s. 119.07(1) and s. 24(a),

28  Art. I of the State Constitution. This subparagraph is subject

29  to the Open Government Sunset Review Act in accordance with s.

30  119.15 and shall stand repealed on October 2, 2009, unless

31  

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    Florida Senate - 2006                                  SB 1320
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 1  reviewed and saved from repeal through reenactment by the

 2  Legislature.

 3         4.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former judges

 5  of United States Courts of Appeal, United States district

 6  judges, and United States magistrate judges; the home

 7  addresses, telephone numbers, social security numbers,

 8  photographs, and places of employment of the spouses and

 9  children of current or former judges of United States Courts

10  of Appeal, United States district judges, and United States

11  magistrate judges; and the names and locations of schools and

12  day care facilities attended by the children of current or

13  former judges of United States Courts of Appeal, United States

14  district judges, and United States magistrate judges are

15  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

16  Constitution. This subparagraph is subject to the Open

17  Government Sunset Review Act in accordance with s. 119.15 and

18  shall stand repealed on October 2, 2009, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         5.  The home addresses, telephone numbers, social

21  security numbers, and photographs of current or former code

22  enforcement officers; the names, home addresses, telephone

23  numbers, social security numbers, photographs, and places of

24  employment of the spouses and children of such persons; and

25  the names and locations of schools and day care facilities

26  attended by the children of such persons are exempt from s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution. This

28  subparagraph is subject to the Open Government Sunset Review

29  Act in accordance with s. 119.15 and shall stand repealed on

30  October 2, 2006, unless reviewed and saved from repeal through

31  reenactment by the Legislature.

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    Florida Senate - 2006                                  SB 1320
    12-666A-06




 1         6.  The home addresses, telephone numbers, places of

 2  employment, and photographs of current or former guardians ad

 3  litem, as defined in s. 39.820, and the names, home addresses,

 4  telephone numbers, and places of employment of the spouses and

 5  children of such persons, are exempt from s. 119.07(1) and s.

 6  24(a), Art. I of the State Constitution, if the guardian ad

 7  litem provides a written statement that the guardian ad litem

 8  has made reasonable efforts to protect such information from

 9  being accessible through other means available to the public.

10  This subparagraph is subject to the Open Government Sunset

11  Review Act in accordance with s. 119.15 and shall stand

12  repealed on October 2, 2010, unless reviewed and saved from

13  repeal through reenactment by the Legislature.

14         7.  The home addresses and telephone numbers of current

15  or former juvenile probation officers, juvenile probation

16  supervisors, detention superintendents, assistant detention

17  superintendents, senior juvenile detention officers, juvenile

18  detention officer supervisors, juvenile detention officers,

19  house parents I and II, house parent supervisors, group

20  treatment leaders, group treatment leader supervisors, and

21  rehabilitation therapists of the Department of Juvenile

22  Justice, and the names, home addresses, and telephone numbers

23  of the spouses of these personnel are exempt from s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution if the

25  individual provides a written statement that the individual

26  has made reasonable efforts to protect the information from

27  being accessible through other means available to the public.

28  This subparagraph is subject to the Open Government Sunset

29  Review Act in accordance with s. 119.15, and shall stand

30  repealed on October 2, 2011, unless reviewed and saved from

31  repeal through reenactment by the Legislature.

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    Florida Senate - 2006                                  SB 1320
    12-666A-06




 1         8.7.  An agency that is the custodian of the personal

 2  information specified in subparagraph 1., subparagraph 2.,

 3  subparagraph 3., subparagraph 4., subparagraph 5., or

 4  subparagraph 6., or subparagraph 7. and that is not the

 5  employer of the officer, employee, justice, judge, or other

 6  person specified in subparagraph 1., subparagraph 2.,

 7  subparagraph 3., subparagraph 4., subparagraph 5., or

 8  subparagraph 6., or subparagraph 7. shall maintain the exempt

 9  status of the personal information only if the officer,

10  employee, justice, judge, other person, or employing agency of

11  the designated employee submits a written request for

12  maintenance of the exemption to the custodial agency.

13         Section 2.  The Legislature finds that the exemption

14  from public-records requirements provided in this act for

15  identifying information relating to current and former

16  juvenile probation officers, juvenile probation supervisors,

17  detention superintendents, assistant detention

18  superintendents, senior juvenile detention officers, juvenile

19  detention officer supervisors, juvenile detention officers,

20  house parents I and II, house parent supervisors, group

21  treatment leaders, group treatment leader supervisors, and

22  rehabilitation therapists of the Department of Juvenile

23  Justice, and their spouses is a public necessity. This act is

24  justified because, if the information were not exempt, these

25  current or former personnel of the Department of Juvenile

26  Justice and their spouses could be harmed or threatened with

27  harm by a juvenile defendant or by a friend or family member

28  of a juvenile defendant.

29         Section 3.  This act shall take effect October 1, 2006.

30  

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    Florida Senate - 2006                                  SB 1320
    12-666A-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates an exemption from public-records requirements for
      personal identifying information contained in records
 4    concerning certain current or former personnel of the
      Department of Juvenile Justice and their spouses.
 5    Provides for future repeal and legislative review under
      the Open Government Sunset Review Act. Provides a
 6    statement of public necessity.

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