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