Senate Bill sb7002pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7002

    FOR CONSIDERATION By the Committee on Community Affairs





    578-363-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         119.071, F.S.; revising a public-records

  5         exemption for specified identifying information

  6         concerning current or former human resources,

  7         labor relations, or employee relations

  8         directors, assistant directors, managers, or

  9         assistant managers of a local government agency

10         or water management district and their spouses

11         and children; saving the exemption from repeal

12         under the Open Government Sunset Review Act;

13         deleting provisions that provide for the repeal

14         of the exemption; providing an effective date.

15  

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

17  

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

19  119.071, Florida Statutes, is amended to read:

20         119.071  General exemptions from inspection or copying

21  of public records.--

22         (4)  AGENCY PERSONNEL INFORMATION.--

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

24  security numbers, and photographs of active or former law

25  enforcement personnel, including correctional and correctional

26  probation officers, personnel of the Department of Children

27  and Family Services whose duties include the investigation of

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

29  activities, personnel of the Department of Health whose duties

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

31  and personnel of the Department of Revenue or local

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7002
    578-363-06




 1  governments whose responsibilities include revenue collection

 2  and enforcement or child support enforcement; the home

 3  addresses, telephone numbers, social security numbers,

 4  photographs, and places of employment of the spouses and

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

 6  schools and day care facilities attended by the children of

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

 8  addresses, telephone numbers, and photographs of firefighters

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

10  telephone numbers, photographs, and places of employment of

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

12  and locations of schools and day care facilities attended by

13  the children of such firefighters are exempt from s.

14  119.07(1). The home addresses and telephone numbers of

15  justices of the Supreme Court, district court of appeal

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

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

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

19  and locations of schools and day care facilities attended by

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

21  119.07(1). The home addresses, telephone numbers, social

22  security numbers, and photographs of current or former state

23  attorneys, assistant state attorneys, statewide prosecutors,

24  or assistant statewide prosecutors; the home addresses,

25  telephone numbers, social security numbers, photographs, and

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

27  former state attorneys, assistant state attorneys, statewide

28  prosecutors, or assistant statewide prosecutors; and the names

29  and locations of schools and day care facilities attended by

30  the children of current or former state attorneys, assistant

31  state attorneys, statewide prosecutors, or assistant statewide

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7002
    578-363-06




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

 2  of the State Constitution.

 3         2.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former human

 5  resource, labor relations, or employee relations directors,

 6  assistant directors, managers, or assistant managers of any

 7  local government agency or water management district whose

 8  duties include hiring and firing employees, labor contract

 9  negotiation, administration, or other personnel-related

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

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

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

13  locations of schools and day care facilities attended by the

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

15  24(a), Art. I of the State Constitution, if the subject

16  current or former employee provides a written statement that

17  he or she has made reasonable efforts to protect such

18  information from being accessible through other means

19  available to the public. This subparagraph is subject to the

20  Open Government Sunset Review Act in accordance with s. 119.15

21  and shall stand repealed on October 2, 2006, unless reviewed

22  and saved from repeal through reenactment by the Legislature.

23         3.  The home addresses, telephone numbers, social

24  security numbers, and photographs of current or former United

25  States attorneys and assistant United States attorneys; the

26  home addresses, telephone numbers, social security numbers,

27  photographs, and places of employment of the spouses and

28  children of current or former United States attorneys and

29  assistant United States attorneys; and the names and locations

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

31  current or former United States attorneys and assistant United

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7002
    578-363-06




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

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

 3  to the Open Government Sunset Review Act in accordance with s.

 4  119.15 and shall stand repealed on October 2, 2009, unless

 5  reviewed and saved from repeal through reenactment by the

 6  Legislature.

 7         4.  The home addresses, telephone numbers, social

 8  security numbers, and photographs of current or former judges

 9  of United States Courts of Appeal, United States district

10  judges, and United States magistrate judges; the home

11  addresses, telephone numbers, social security numbers,

12  photographs, and places of employment of the spouses and

13  children of current or former judges of United States Courts

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

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

16  day care facilities attended by the children of current or

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

18  district judges, and United States magistrate judges are

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

20  Constitution. This subparagraph is subject to the Open

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

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

23  saved from repeal through reenactment by the Legislature.

24         5.  The home addresses, telephone numbers, social

25  security numbers, and photographs of current or former code

26  enforcement officers; the names, home addresses, telephone

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

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

29  the names and locations of schools and day care facilities

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

31  119.07(1) and s. 24(a), Art. I of the State Constitution. This

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7002
    578-363-06




 1  subparagraph is subject to the Open Government Sunset Review

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

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

 4  reenactment by the Legislature.

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

 6  employment, and photographs of current or former guardians ad

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

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

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

10  24(a), Art. I of the State Constitution, if the guardian ad

11  litem provides a written statement that the guardian ad litem

12  has made reasonable efforts to protect such information from

13  being accessible through other means available to the public.

14  This subparagraph is subject to the Open Government Sunset

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

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

17  repeal through reenactment by the Legislature.

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

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

20  subparagraph 3., subparagraph 4., subparagraph 5., or

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

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

23  subparagraph 1., subparagraph 2., subparagraph 3.,

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

25  maintain the exempt status of the personal information only if

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

27  employing agency of the designated employee submits a written

28  request for maintenance of the exemption to the custodial

29  agency.

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

31  

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