HB 605

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; providing an exemption from public records
4	requirements for the home addresses, telephone numbers,
5	social security numbers, and photographs of current or
6	former juvenile probation officers, juvenile probation
7	supervisors, detention superintendents, assistant
8	detention superintendents, senior juvenile detention
9	officers, juvenile detention officer supervisors,
10	juvenile detention officers, house parents I and II, house
11	parent supervisors, group treatment leaders, group
12	treatment leader supervisors, and rehabilitation
13	therapists of the Department of Juvenile Justice, the
14	names, home addresses, telephone numbers, social security
15	numbers, photographs, and places of employment of spouses
16	and children of such personnel, and the names and
17	locations of schools and day care facilities attended by
18	the children of such personnel; providing a condition
19	precedent to the granting of such exemption; providing for
20	review and repeal; reenacting s. 409.2577, F.S., relating
21	to disclosure of information to the parent locator service
22	of the Department of Children and Family Services, for the
23	purpose of incorporating the amendment to s. 119.071,
24	F.S., in a reference thereto; providing a statement of
25	public necessity; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Paragraph (d) of subsection (4) of section
30	119.071, Florida Statutes, is amended to read:
31	119.071  General exemptions from inspection or copying of
32	public records.--
33	(4)  AGENCY PERSONNEL INFORMATION.--
34	(d)1.  The home addresses, telephone numbers, social
35	security numbers, and photographs of active or former law
36	enforcement personnel, including correctional and correctional
37	probation officers, personnel of the Department of Children and
38	Family Services whose duties include the investigation of abuse,
39	neglect, exploitation, fraud, theft, or other criminal
40	activities, personnel of the Department of Health whose duties
41	are to support the investigation of child abuse or neglect, and
42	personnel of the Department of Revenue or local governments
43	whose responsibilities include revenue collection and
44	enforcement or child support enforcement; the home addresses,
45	telephone numbers, social security numbers, photographs, and
46	places of employment of the spouses and children of such
47	personnel; and the names and locations of schools and day care
48	facilities attended by the children of such personnel are exempt
49	from s. 119.07(1). The home addresses, telephone numbers, and
50	photographs of firefighters certified in compliance with s.
51	633.35; the home addresses, telephone numbers, photographs, and
52	places of employment of the spouses and children of such
53	firefighters; and the names and locations of schools and day
54	care facilities attended by the children of such firefighters
55	are exempt from s. 119.07(1). The home addresses and telephone
56	numbers of justices of the Supreme Court, district court of
57	appeal judges, circuit court judges, and county court judges;
58	the home addresses, telephone numbers, and places of employment
59	of the spouses and children of justices and judges; and the
60	names and locations of schools and day care facilities attended
61	by the children of justices and judges are exempt from s.
62	119.07(1). The home addresses, telephone numbers, social
63	security numbers, and photographs of current or former state
64	attorneys, assistant state attorneys, statewide prosecutors, or
65	assistant statewide prosecutors; the home addresses, telephone
66	numbers, social security numbers, photographs, and places of
67	employment of the spouses and children of current or former
68	state attorneys, assistant state attorneys, statewide
69	prosecutors, or assistant statewide prosecutors; and the names
70	and locations of schools and day care facilities attended by the
71	children of current or former state attorneys, assistant state
72	attorneys, statewide prosecutors, or assistant statewide
73	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
74	the State Constitution.
75	2.  The home addresses, telephone numbers, social security
76	numbers, and photographs of current or former human resource,
77	labor relations, or employee relations directors, assistant
78	directors, managers, or assistant managers of any local
79	government agency or water management district whose duties
80	include hiring and firing employees, labor contract negotiation,
81	administration, or other personnel-related duties; the names,
82	home addresses, telephone numbers, social security numbers,
83	photographs, and places of employment of the spouses and
84	children of such personnel; and the names and locations of
85	schools and day care facilities attended by the children of such
86	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
87	the State Constitution. This subparagraph is subject to the Open
88	Government Sunset Review Act in accordance with s. 119.15 and
89	shall stand repealed on October 2, 2006, unless reviewed and
90	saved from repeal through reenactment by the Legislature.
91	3.  The home addresses, telephone numbers, social security
92	numbers, and photographs of current or former United States
93	attorneys and assistant United States attorneys; the home
94	addresses, telephone numbers, social security numbers,
95	photographs, and places of employment of the spouses and
96	children of current or former United States attorneys and
97	assistant United States attorneys; and the names and locations
98	of schools and day care facilities attended by the children of
99	current or former United States attorneys and assistant United
100	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
101	I of the State Constitution. This subparagraph is subject to the
102	Open Government Sunset Review Act in accordance with s. 119.15
103	and shall stand repealed on October 2, 2009, unless reviewed and
104	saved from repeal through reenactment by the Legislature.
105	4.  The home addresses, telephone numbers, social security
106	numbers, and photographs of current or former judges of United
107	States Courts of Appeal, United States district judges, and
108	United States magistrate judges; the home addresses, telephone
109	numbers, social security numbers, photographs, and places of
110	employment of the spouses and children of current or former
111	judges of United States Courts of Appeal, United States district
112	judges, and United States magistrate judges; and the names and
113	locations of schools and day care facilities attended by the
114	children of current or former judges of United States Courts of
115	Appeal, United States district judges, and United States
116	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
117	Art. I of the State Constitution. This subparagraph is subject
118	to the Open Government Sunset Review Act in accordance with s.
119	119.15 and shall stand repealed on October 2, 2009, unless
120	reviewed and saved from repeal through reenactment by the
121	Legislature.
122	5.  The home addresses, telephone numbers, social security
123	numbers, and photographs of current or former code enforcement
124	officers; the names, home addresses, telephone numbers, social
125	security numbers, photographs, and places of employment of the
126	spouses and children of such persons; and the names and
127	locations of schools and day care facilities attended by the
128	children of such persons are exempt from s. 119.07(1) and s.
129	24(a), Art. I of the State Constitution. This subparagraph is
130	subject to the Open Government Sunset Review Act in accordance
131	with s. 119.15 and shall stand repealed on October 2, 2006,
132	unless reviewed and saved from repeal through reenactment by the
133	Legislature.
134	6.  The home addresses, telephone numbers, places of
135	employment, and photographs of current or former guardians ad
136	litem, as defined in s. 39.820, and the names, home addresses,
137	telephone numbers, and places of employment of the spouses and
138	children of such persons, are exempt from s. 119.07(1) and s.
139	24(a), Art. I of the State Constitution, if the guardian ad
140	litem provides a written statement that the guardian ad litem
141	has made reasonable efforts to protect such information from
142	being accessible through other means available to the public.
143	This subparagraph is subject to the Open Government Sunset
144	Review Act in accordance with s. 119.15 and shall stand repealed
145	on October 2, 2010, unless reviewed and saved from repeal
146	through reenactment by the Legislature.
147	7.  The home addresses, telephone numbers, social security
148	numbers, and photographs of current or former juvenile probation
149	officers, juvenile probation supervisors, detention
150	superintendents, assistant detention superintendents, senior
151	juvenile detention officers, juvenile detention officer
152	supervisors, juvenile detention officers, house parents I and
153	II, house parent supervisors, group treatment leaders, group
154	treatment leader supervisors, and rehabilitation therapists of
155	the Department of Juvenile Justice, the names, home addresses,
156	telephone numbers, social security numbers, photographs, and
157	places of employment of spouses and children of such personnel,
158	and the names and locations of schools and day care facilities
159	attended by the children of such personnel are exempt from s.
160	119.07(1) and s. 24(a), Art. I of the State Constitution, if the
161	Department of Juvenile Justice personnel member provides a
162	written statement that he or she has made reasonable efforts to
163	protect such information from being accessible through other
164	means available to the public. This subparagraph is subject to
165	the Open Government Sunset Review Act of 1995 in accordance with
166	s. 119.15 and shall stand repealed on October 2, 2011, unless
167	reviewed and saved from repeal through reenactment by the
168	Legislature.
169	8.7.  An agency that is the custodian of the personal
170	information specified in subparagraph 1., subparagraph 2.,
171	subparagraph 3., subparagraph 4., subparagraph 5., or
172	subparagraph 6., or subparagraph 7. and that is not the employer
173	of the officer, employee, justice, judge, or other person
174	specified in subparagraph 1., subparagraph 2., subparagraph 3.,
175	subparagraph 4., subparagraph 5., or subparagraph 6., or
176	subparagraph 7. shall maintain the exempt status of the personal
177	information only if the officer, employee, justice, judge, other
178	person, or employing agency of the designated employee submits a
179	written request for maintenance of the exemption to the
180	custodial agency.
181	Section 2.  For the purpose of incorporating the amendment
182	made by this act to section 119.071, Florida Statutes, in a
183	reference thereto, section 409.2577, Florida Statutes, is
184	reenacted to read:
185	409.2577  Parent locator service.--The department shall
186	establish a parent locator service to assist in locating parents
187	who have deserted their children and other persons liable for
188	support of dependent children. The department shall use all
189	sources of information available, including the Federal Parent
190	Locator Service, and may request and shall receive information
191	from the records of any person or the state or any of its
192	political subdivisions or any officer thereof. Any agency as
193	defined in s. 120.52, any political subdivision, and any other
194	person shall, upon request, provide the department any
195	information relating to location, salary, insurance, social
196	security, income tax, and employment history necessary to locate
197	parents who owe or potentially owe a duty of support pursuant to
198	Title IV-D of the Social Security Act. This provision shall
199	expressly take precedence over any other statutory nondisclosure
200	provision which limits the ability of an agency to disclose such
201	information, except that law enforcement information as provided
202	in s. 119.071(4)(d) is not required to be disclosed, and except
203	that confidential taxpayer information possessed by the
204	Department of Revenue shall be disclosed only to the extent
205	authorized in s. 213.053(15). Nothing in this section requires
206	the disclosure of information if such disclosure is prohibited
207	by federal law. Information gathered or used by the parent
208	locator service is confidential and exempt from the provisions
209	of s. 119.07(1). Additionally, the department is authorized to
210	collect any additional information directly bearing on the
211	identity and whereabouts of a person owing or asserted to be
212	owing an obligation of support for a dependent child. The
213	department shall, upon request, make information available only
214	to public officials and agencies of this state; political
215	subdivisions of this state, including any agency thereof
216	providing child support enforcement services to non-Title IV-D
217	clients; the custodial parent, legal guardian, attorney, or
218	agent of the child; and other states seeking to locate parents
219	who have deserted their children and other persons liable for
220	support of dependents, for the sole purpose of establishing,
221	modifying, or enforcing their liability for support, and shall
222	make such information available to the Department of Children
223	and Family Services for the purpose of diligent search
224	activities pursuant to chapter 39. If the department has
225	reasonable evidence of domestic violence or child abuse and the
226	disclosure of information could be harmful to the custodial
227	parent or the child of such parent, the child support program
228	director or designee shall notify the Department of Children and
229	Family Services and the Secretary of the United States
230	Department of Health and Human Services of this evidence. Such
231	evidence is sufficient grounds for the department to disapprove
232	an application for location services.
233	Section 3.  The Legislature finds that it is a public
234	necessity that the home addresses, telephone numbers, social
235	security numbers, and photographs of current or former juvenile
236	probation officers, juvenile probation supervisors, detention
237	superintendents, assistant detention superintendents, senior
238	juvenile detention officers, juvenile detention officer
239	supervisors, juvenile detention officers, house parents I and
240	II, house parent supervisors, group treatment leaders, group
241	treatment leader supervisors, and rehabilitation therapists of
242	the Department of Juvenile Justice, the names, home addresses,
243	telephone numbers, social security numbers, photographs, and
244	places of employment of spouses and children of such personnel,
245	and the names and locations of schools and day care facilities
246	attended by the children of such personnel be held confidential
247	and exempt from public records requirements if the Department of
248	Juvenile Justice personnel member seeking the exemption provides
249	a written statement that he or she has made reasonable efforts
250	to protect such information from being accessible through other
251	means available to the public. This exemption is justified
252	because, if such information were not confidential, a juvenile
253	probation officer, juvenile probation supervisor, detention
254	superintendent, assistant detention superintendent, senior
255	juvenile detention officer, juvenile detention officer
256	supervisor, juvenile detention officer, house parent, house
257	parent supervisor, group treatment leader, group treatment
258	leader supervisor, or rehabilitation therapist of the Department
259	of Juvenile Justice or his or her family could be harmed or
260	threatened with harm by a juvenile defendant or by a friend or
261	family member of a juvenile defendant.
262	Section 4.  This act shall take effect October 1, 2006.

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