Senate Bill sb1382

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    Florida Senate - 2006                                  SB 1382

    By Senator Baker





    20-1030-06                                          See HB 379

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

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

  4         public records requirements for the home

  5         addresses, telephone numbers, social security

  6         numbers, and photographs of active or former

  7         emergency medical technicians or paramedics

  8         certified in compliance with chapter 401, F.S.,

  9         the home addresses, telephone numbers, social

10         security numbers, photographs, and places of

11         employment of the spouses and the children of

12         such emergency medical technicians and

13         paramedics, and the names and locations of

14         schools and day care facilities attended by

15         children of such emergency medical technicians

16         and paramedics; providing for future review and

17         repeal of the exemption; providing a statement

18         of public necessity; providing an effective

19         date.

20  

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

22  

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

24  119.071, Florida Statutes, is amended to read:

25         119.071  General exemptions from inspection or copying

26  of public records.--

27         (4)  AGENCY PERSONNEL INFORMATION.--

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

29  security numbers, and photographs of active or former law

30  enforcement personnel, including correctional and correctional

31  probation officers, personnel of the Department of Children

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    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




 1  and Family Services whose duties include the investigation of

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

 3  activities, personnel of the Department of Health whose duties

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

 5  and personnel of the Department of Revenue or local

 6  governments whose responsibilities include revenue collection

 7  and enforcement or child support enforcement; the home

 8  addresses, telephone numbers, social security numbers,

 9  photographs, and places of employment of the spouses and

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

11  schools and day care facilities attended by the children of

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

13  addresses, telephone numbers, and photographs of firefighters

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

15  telephone numbers, photographs, and places of employment of

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

17  and locations of schools and day care facilities attended by

18  the children of such firefighters are exempt from s.

19  119.07(1). The home addresses, telephone numbers, social

20  security numbers, and photographs of active or former

21  emergency medical technicians or paramedics certified in

22  compliance with chapter 401; the home addresses, telephone

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

24  employment of the spouses and children of such emergency

25  medical technicians and paramedics; and the names and

26  locations of schools and day care facilities attended by

27  children of such emergency medical technicians and paramedics

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

29  Constitution. The home addresses and telephone numbers of

30  justices of the Supreme Court, district court of appeal

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

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






    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




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

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

 3  and locations of schools and day care facilities attended by

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

 5  119.07(1). The home addresses, telephone numbers, social

 6  security numbers, and photographs of current or former state

 7  attorneys, assistant state attorneys, statewide prosecutors,

 8  or assistant statewide prosecutors; the home addresses,

 9  telephone numbers, social security numbers, photographs, and

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

11  former state attorneys, assistant state attorneys, statewide

12  prosecutors, or assistant statewide prosecutors; and the names

13  and locations of schools and day care facilities attended by

14  the children of current or former state attorneys, assistant

15  state attorneys, statewide prosecutors, or assistant statewide

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

17  of the State Constitution. This subparagraph is subject to the

18  Open Government Sunset Review Act in accordance with s. 119.15

19  and shall stand repealed on October 2, 2011, unless reviewed

20  and saved from repeal through reenactment by the Legislature.

21         2.  The home addresses, telephone numbers, social

22  security numbers, and photographs of current or former human

23  resource, labor relations, or employee relations directors,

24  assistant directors, managers, or assistant managers of any

25  local government agency or water management district whose

26  duties include hiring and firing employees, labor contract

27  negotiation, administration, or other personnel-related

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

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

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

31  locations of schools and day care facilities attended by the

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    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




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

 2  24(a), Art. I of the State Constitution. This subparagraph is

 3  subject to the Open Government Sunset Review Act in accordance

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

 5  unless reviewed and saved from repeal through reenactment by

 6  the Legislature.

 7         3.  The home addresses, telephone numbers, social

 8  security numbers, and photographs of current or former United

 9  States attorneys and assistant United States attorneys; the

10  home addresses, telephone numbers, social security numbers,

11  photographs, and places of employment of the spouses and

12  children of current or former United States attorneys and

13  assistant United States attorneys; and the names and locations

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

15  current or former United States attorneys and assistant United

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

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

18  to the Open Government Sunset Review Act 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         4.  The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former judges

24  of United States Courts of Appeal, United States district

25  judges, and United States magistrate judges; the home

26  addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

28  children of current or former judges of United States Courts

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

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

31  day care facilities attended by the children of current or

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






    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




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

 2  district judges, and United States magistrate judges are

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

 4  Constitution. This subparagraph is subject to the Open

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

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

 7  saved from repeal through reenactment by the Legislature.

 8         5.  The home addresses, telephone numbers, social

 9  security numbers, and photographs of current or former code

10  enforcement officers; the names, home addresses, telephone

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

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

13  the names and locations of schools and day care facilities

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

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

16  subparagraph is subject to the Open Government Sunset Review

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

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

19  reenactment by the Legislature.

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

21  employment, and photographs of current or former guardians ad

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

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

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

25  24(a), Art. I of the State Constitution, if the guardian ad

26  litem provides a written statement that the guardian ad litem

27  has made reasonable efforts to protect such information from

28  being accessible through other means available to the public.

29  This subparagraph is subject to the Open Government Sunset

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

31  

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    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




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

 2  repeal through reenactment by the Legislature.

 3         7.  An agency that is the custodian of the personal

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

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

 6  subparagraph 6. and that is not the employer of the officer,

 7  employee, justice, judge, or other person specified in

 8  subparagraph 1., subparagraph 2., subparagraph 3.,

 9  subparagraph 4., subparagraph 5., or subparagraph 6. shall

10  maintain the exempt status of the personal information only if

11  the officer, employee, justice, judge, other person, or

12  employing agency of the designated employee submits a written

13  request for maintenance of the exemption to the custodial

14  agency.

15         Section 2.  The Legislature finds that the exemption

16  from public records requirements provided for by this act for

17  the home addresses, telephone numbers, social security

18  numbers, and photographs of active or former emergency medical

19  technicians or paramedics certified in compliance with chapter

20  401, Florida Statutes, the home addresses, telephone numbers,

21  social security numbers, photographs, and places of employment

22  of the spouses and children of such emergency medical

23  technicians and paramedics, and the names and locations of

24  schools and day care facilities attended by the children of

25  such emergency medical technicians and paramedics is a public

26  necessity. Emergency medical technicians and paramedics, law

27  enforcement officers, and firefighters deal with the same

28  situations and the same individuals in the discharge of their

29  duties, yet law enforcement officers and firefighters are

30  currently granted an exemption from public records

31  requirements with respect to information that identifies and

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    Florida Senate - 2006                                  SB 1382
    20-1030-06                                          See HB 379




 1  locates them and their spouses and children, and emergency

 2  medical technicians and paramedics are not. Emergency medical

 3  technicians and paramedics are often exposed to a criminal

 4  element when rendering medical treatment, the need for which

 5  results from the commission of a criminal act. This exemption

 6  is justified, because if the identifying information specified

 7  in this act were not made confidential and exempt from public

 8  records requirements, an emergency medical technician or

 9  paramedic or a member or members of his or her family could be

10  harmed or threatened with harm by an individual or a family

11  member of such individual who was provided emergency medical

12  care which resulted in a negative outcome or who seeks

13  retribution for the emergency medical technician's or

14  paramedic's involvement in the control or management of a

15  crime scene.

16         Section 3.  This act shall take effect upon becoming a

17  law.

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