HB 0605

CS

CHAMBER ACTION

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

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