HB 7009

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding local government managers;
4	amending s. 119.071, F.S.; narrowing the public records
5	exemption for personal identifying information of current
6	or former human resource, labor relations, or employee
7	relations directors, assistant directors, managers, or
8	assistant managers of any local government agency or water
9	management district with specified duties and the spouses
10	and children of such personnel; removing the scheduled
11	repeal of the exemption under the Open Government Sunset
12	Review Act; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (d) of subsection (4) of section
17	119.071, Florida Statutes, is amended to read:
18	119.071  General exemptions from inspection or copying of
19	public records.--
20	(4)  AGENCY PERSONNEL INFORMATION.--
21	(d)1.  The home addresses, telephone numbers, social
22	security numbers, and photographs of active or former law
23	enforcement personnel, including correctional and correctional
24	probation officers, personnel of the Department of Children and
25	Family Services whose duties include the investigation of abuse,
26	neglect, exploitation, fraud, theft, or other criminal
27	activities, personnel of the Department of Health whose duties
28	are to support the investigation of child abuse or neglect, and
29	personnel of the Department of Revenue or local governments
30	whose responsibilities include revenue collection and
31	enforcement or child support enforcement; the home addresses,
32	telephone numbers, social security numbers, photographs, and
33	places of employment of the spouses and children of such
34	personnel; and the names and locations of schools and day care
35	facilities attended by the children of such personnel are exempt
36	from s. 119.07(1). The home addresses, telephone numbers, and
37	photographs of firefighters certified in compliance with s.
38	633.35; the home addresses, telephone numbers, photographs, and
39	places of employment of the spouses and children of such
40	firefighters; and the names and locations of schools and day
41	care facilities attended by the children of such firefighters
42	are exempt from s. 119.07(1). The home addresses and telephone
43	numbers of justices of the Supreme Court, district court of
44	appeal judges, circuit court judges, and county court judges;
45	the home addresses, telephone numbers, and places of employment
46	of the spouses and children of justices and judges; and the
47	names and locations of schools and day care facilities attended
48	by the children of justices and judges are exempt from s.
49	119.07(1). The home addresses, telephone numbers, social
50	security numbers, and photographs of current or former state
51	attorneys, assistant state attorneys, statewide prosecutors, or
52	assistant statewide prosecutors; the home addresses, telephone
53	numbers, social security numbers, photographs, and places of
54	employment of the spouses and children of current or former
55	state attorneys, assistant state attorneys, statewide
56	prosecutors, or assistant statewide prosecutors; and the names
57	and locations of schools and day care facilities attended by the
58	children of current or former state attorneys, assistant state
59	attorneys, statewide prosecutors, or assistant statewide
60	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
61	the State Constitution.
62	2.  The home addresses, telephone numbers, social security
63	numbers, and photographs of current or former human resource,
64	labor relations, or employee relations directors, assistant
65	directors, managers, or assistant managers of any local
66	government agency or water management district whose duties
67	include hiring and firing employees, labor contract negotiation,
68	administration, or other personnel-related duties; the names,
69	home addresses, telephone numbers, social security numbers,
70	photographs, and places of employment of the spouses and
71	children of such personnel; and the names and locations of
72	schools and day care facilities attended by the children of such
73	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
74	the State Constitution. This subparagraph is subject to the Open
75	Government Sunset Review Act in accordance with s. 119.15 and
76	shall stand repealed on October 2, 2006, unless reviewed and
77	saved from repeal through reenactment by the Legislature.
78	3.  The home addresses, telephone numbers, social security
79	numbers, and photographs of current or former United States
80	attorneys and assistant United States attorneys; the home
81	addresses, telephone numbers, social security numbers,
82	photographs, and places of employment of the spouses and
83	children of current or former United States attorneys and
84	assistant United States attorneys; and the names and locations
85	of schools and day care facilities attended by the children of
86	current or former United States attorneys and assistant United
87	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
88	I of the State Constitution. This subparagraph is subject to the
89	Open Government Sunset Review Act in accordance with s. 119.15
90	and shall stand repealed on October 2, 2009, unless reviewed and
91	saved from repeal through reenactment by the Legislature.
92	4.  The home addresses, telephone numbers, social security
93	numbers, and photographs of current or former judges of United
94	States Courts of Appeal, United States district judges, and
95	United States magistrate judges; the home addresses, telephone
96	numbers, social security numbers, photographs, and places of
97	employment of the spouses and children of current or former
98	judges of United States Courts of Appeal, United States district
99	judges, and United States magistrate judges; and the names and
100	locations of schools and day care facilities attended by the
101	children of current or former judges of United States Courts of
102	Appeal, United States district judges, and United States
103	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
104	Art. I of the State Constitution. This subparagraph is subject
105	to the Open Government Sunset Review Act in accordance with s.
106	119.15 and shall stand repealed on October 2, 2009, unless
107	reviewed and saved from repeal through reenactment by the
108	Legislature.
109	5.  The home addresses, telephone numbers, social security
110	numbers, and photographs of current or former code enforcement
111	officers; the names, home addresses, telephone numbers, social
112	security numbers, photographs, and places of employment of the
113	spouses and children of such persons; and the names and
114	locations of schools and day care facilities attended by the
115	children of such persons are exempt from s. 119.07(1) and s.
116	24(a), Art. I of the State Constitution. This subparagraph is
117	subject to the Open Government Sunset Review Act in accordance
118	with s. 119.15 and shall stand repealed on October 2, 2006,
119	unless reviewed and saved from repeal through reenactment by the
120	Legislature.
121	6.  The home addresses, telephone numbers, places of
122	employment, and photographs of current or former guardians ad
123	litem, as defined in s. 39.820, and the names, home addresses,
124	telephone numbers, and places of employment of the spouses and
125	children of such persons, are exempt from s. 119.07(1) and s.
126	24(a), Art. I of the State Constitution, if the guardian ad
127	litem provides a written statement that the guardian ad litem
128	has made reasonable efforts to protect such information from
129	being accessible through other means available to the public.
130	This subparagraph is subject to the Open Government Sunset
131	Review Act in accordance with s. 119.15 and shall stand repealed
132	on October 2, 2010, unless reviewed and saved from repeal
133	through reenactment by the Legislature.
134	7.  An agency that is the custodian of the personal
135	information specified in subparagraph 1., subparagraph 2.,
136	subparagraph 3., subparagraph 4., subparagraph 5., or
137	subparagraph 6. and that is not the employer of the officer,
138	employee, justice, judge, or other person specified in
139	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
140	4., subparagraph 5., or subparagraph 6. shall maintain the
141	exempt status of the personal information only if the officer,
142	employee, justice, judge, other person, or employing agency of
143	the designated employee submits a written request for
144	maintenance of the exemption to the custodial agency.
145	Section 2.  This act shall take effect October 1, 2006.

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