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

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