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.
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