Senate Bill sb0662c1

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    Florida Senate - 2006                            CS for SB 662

    By the Committees on Governmental Oversight and Productivity;
    and Community Affairs




    585-2173-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding local

  4         government managers; amending s. 119.071, F.S.;

  5         narrowing the public records exemption for

  6         personal identifying information of current or

  7         former human resource, labor relations, or

  8         employee relations directors, assistant

  9         directors, managers, or assistant managers of

10         any local government agency or water management

11         district with specified duties and the spouses

12         and children of such personnel; removing the

13         scheduled repeal of the exemption under the

14         Open Government Sunset Review Act; providing an

15         effective date.

16  

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

18  

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

20  119.071, Florida Statutes, is amended to read:

21         119.071  General exemptions from inspection or copying

22  of public records.--

23         (4)  AGENCY PERSONNEL INFORMATION.--

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

25  security numbers, and photographs of active or former law

26  enforcement personnel, including correctional and correctional

27  probation officers, personnel of the Department of Children

28  and Family Services whose duties include the investigation of

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

30  activities, personnel of the Department of Health whose duties

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

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    Florida Senate - 2006                            CS for SB 662
    585-2173-06




 1  and personnel of the Department of Revenue or local

 2  governments whose responsibilities include revenue collection

 3  and enforcement or child support enforcement; the home

 4  addresses, telephone numbers, social security numbers,

 5  photographs, and places of employment of the spouses and

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

 7  schools and day care facilities attended by the children of

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

 9  addresses, telephone numbers, and photographs of firefighters

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

11  telephone numbers, photographs, and places of employment of

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

13  and locations of schools and day care facilities attended by

14  the children of such firefighters are exempt from s.

15  119.07(1). The home addresses and telephone numbers of

16  justices of the Supreme Court, district court of appeal

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

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

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

20  and locations of schools and day care facilities attended by

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

22  119.07(1). The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former state

24  attorneys, assistant state attorneys, statewide prosecutors,

25  or assistant statewide prosecutors; the home addresses,

26  telephone numbers, social security numbers, photographs, and

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

28  former state attorneys, assistant state attorneys, statewide

29  prosecutors, or assistant statewide prosecutors; and the names

30  and locations of schools and day care facilities attended by

31  the children of current or former state attorneys, assistant

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    Florida Senate - 2006                            CS for SB 662
    585-2173-06




 1  state attorneys, statewide prosecutors, or assistant statewide

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

 3  of the State Constitution.

 4         2.  The home addresses, telephone numbers, social

 5  security numbers, and photographs of current or former human

 6  resource, labor relations, or employee relations directors,

 7  assistant directors, managers, or assistant managers of any

 8  local government agency or water management district whose

 9  duties include hiring and firing employees, labor contract

10  negotiation, administration, or other personnel-related

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

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

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

14  locations of schools and day care facilities attended by the

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

16  24(a), Art. I of the State Constitution. This subparagraph is

17  subject to the Open Government Sunset Review Act in accordance

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

19  unless reviewed and saved from repeal through reenactment by

20  the Legislature.

21         3.  The home addresses, telephone numbers, social

22  security numbers, and photographs of current or former United

23  States attorneys and assistant United States attorneys; the

24  home addresses, telephone numbers, social security numbers,

25  photographs, and places of employment of the spouses and

26  children of current or former United States attorneys and

27  assistant United States attorneys; and the names and locations

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

29  current or former United States attorneys and assistant United

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

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

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    Florida Senate - 2006                            CS for SB 662
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 1  to the Open Government Sunset Review Act in accordance with s.

 2  119.15 and shall stand repealed on October 2, 2009, unless

 3  reviewed and saved from repeal through reenactment by the

 4  Legislature.

 5         4.  The home addresses, telephone numbers, social

 6  security numbers, and photographs of current or former judges

 7  of United States Courts of Appeal, United States district

 8  judges, and United States magistrate judges; the home

 9  addresses, telephone numbers, social security numbers,

10  photographs, and places of employment of the spouses and

11  children of current or former judges of United States Courts

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

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

14  day care facilities attended by the children of current or

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

16  district judges, and United States magistrate judges are

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

18  Constitution. This subparagraph is subject to the Open

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

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

21  saved from repeal through reenactment by the Legislature.

22         5.  The home addresses, telephone numbers, social

23  security numbers, and photographs of current or former code

24  enforcement officers; the names, home addresses, telephone

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

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

27  the names and locations of schools and day care facilities

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

29  119.07(1) and s. 24(a), Art. I of the State Constitution. This

30  subparagraph is subject to the Open Government Sunset Review

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

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    Florida Senate - 2006                            CS for SB 662
    585-2173-06




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

 2  reenactment by the Legislature.

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

 4  employment, and photographs of current or former guardians ad

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

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

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

 8  24(a), Art. I of the State Constitution, if the guardian ad

 9  litem provides a written statement that the guardian ad litem

10  has made reasonable efforts to protect such information from

11  being accessible through other means available to the public.

12  This subparagraph is subject to the Open Government Sunset

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

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

15  repeal through reenactment by the Legislature.

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

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

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

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

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

21  subparagraph 1., subparagraph 2., subparagraph 3.,

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

23  maintain the exempt status of the personal information only if

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

25  employing agency of the designated employee submits a written

26  request for maintenance of the exemption to the custodial

27  agency.

28         Section 2.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                            CS for SB 662
    585-2173-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 662

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 4  Removes photographs of family members as agencies do not
    collect those records according to agency surveys.
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