HB 0605

CS

CHAMBER ACTION

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

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