HB 787

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; expanding the exemption from public records
4	requirements for identifying information of specified
5	agency personnel to include home parcel identification
6	numbers maintained by county property appraisers;
7	providing for review and repeal; providing a statement of
8	public necessity; reenacting s. 409.2577, F.S., relating
9	to the parent locator service operated by the Department
10	of Children and Family Services, to incorporate the
11	amendment to s. 119.071, F.S., in a reference thereto;
12	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, home parcel identification
22	numbers, telephone numbers, social security numbers, and
23	photographs of active or former law enforcement personnel,
24	including correctional and correctional probation officers,
25	personnel of the Department of Children and Family Services
26	whose duties include the investigation of abuse, neglect,
27	exploitation, fraud, theft, or other criminal activities,
28	personnel of the Department of Health whose duties are to
29	support the investigation of child abuse or neglect, and
30	personnel of the Department of Revenue or local governments
31	whose responsibilities include revenue collection and
32	enforcement or child support enforcement; the home addresses,
33	home parcel identification numbers, telephone numbers, social
34	security numbers, photographs, and places of employment of the
35	spouses and children of such personnel; and the names and
36	locations of schools and day care facilities attended by the
37	children of such personnel are exempt from s. 119.07(1). The
38	home addresses, home parcel identification numbers, telephone
39	numbers, and photographs of firefighters certified in compliance
40	with s. 633.35; the home addresses, home parcel identification
41	numbers, telephone numbers, photographs, and places of
42	employment of the spouses and children of such firefighters; and
43	the names and locations of schools and day care facilities
44	attended by the children of such firefighters are exempt from s.
45	119.07(1). The home addresses, home parcel identification
46	numbers, and telephone numbers of justices of the Supreme Court,
47	district court of appeal judges, circuit court judges, and
48	county court judges; the home addresses, home parcel
49	identification numbers, telephone numbers, and places of
50	employment of the spouses and children of justices and judges;
51	and the names and locations of schools and day care facilities
52	attended by the children of justices and judges are exempt from
53	s. 119.07(1). The home addresses, home parcel identification
54	numbers, telephone numbers, social security numbers, and
55	photographs of current or former state attorneys, assistant
56	state attorneys, statewide prosecutors, or assistant statewide
57	prosecutors; the home addresses, home parcel identification
58	numbers, telephone numbers, social security numbers,
59	photographs, and places of employment of the spouses and
60	children of current or former state attorneys, assistant state
61	attorneys, statewide prosecutors, or assistant statewide
62	prosecutors; and the names and locations of schools and day care
63	facilities attended by the children of current or former state
64	attorneys, assistant state attorneys, statewide prosecutors, or
65	assistant statewide prosecutors are exempt from s. 119.07(1) and
66	s. 24(a), Art. I of the State Constitution. This subparagraph is
67	subject to the Open Government Sunset Review Act in accordance
68	with s. 119.15 and shall stand repealed on October 2, 2011,
69	unless reviewed and saved from repeal through reenactment by the
70	Legislature.
71	2.  The home addresses, home parcel identification numbers,
72	telephone numbers, social security numbers, and photographs of
73	current or former human resource, labor relations, or employee
74	relations directors, assistant directors, managers, or assistant
75	managers of any local government agency or water management
76	district whose duties include hiring and firing employees, labor
77	contract negotiation, administration, or other personnel-related
78	duties; the names, home addresses, home parcel identification
79	numbers, telephone numbers, social security numbers,
80	photographs, and places of employment of the spouses and
81	children of such personnel; and the names and locations of
82	schools and day care facilities attended by the children of such
83	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
84	the State Constitution. This subparagraph is subject to the Open
85	Government Sunset Review Act in accordance with s. 119.15 and
86	shall stand repealed on October 2, 2011 2006, unless reviewed
87	and saved from repeal through reenactment by the Legislature.
88	3.  The home addresses, home parcel identification numbers,
89	telephone numbers, social security numbers, and photographs of
90	current or former United States attorneys and assistant United
91	States attorneys; the home addresses, home parcel identification
92	numbers, telephone numbers, social security numbers,
93	photographs, and places of employment of the spouses and
94	children of current or former United States attorneys and
95	assistant United States attorneys; and the names and locations
96	of schools and day care facilities attended by the children of
97	current or former United States attorneys and assistant United
98	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
99	I of the State Constitution. This subparagraph is subject to the
100	Open Government Sunset Review Act in accordance with s. 119.15
101	and shall stand repealed on October 2, 2011 2009, unless
102	reviewed and saved from repeal through reenactment by the
103	Legislature.
104	4.  The home addresses, home parcel identification numbers,
105	telephone numbers, social security numbers, and photographs of
106	current or former judges of United States Courts of Appeal,
107	United States district judges, and United States magistrate
108	judges; the home addresses, home parcel identification numbers,
109	telephone numbers, social security numbers, photographs, and
110	places of employment of the spouses and children of current or
111	former judges of United States Courts of Appeal, United States
112	district judges, and United States magistrate judges; and the
113	names and locations of schools and day care facilities attended
114	by the children of current or former judges of United States
115	Courts of Appeal, United States district judges, and United
116	States magistrate judges are exempt from s. 119.07(1) and s.
117	24(a), Art. I of the State Constitution. This subparagraph is
118	subject to the Open Government Sunset Review Act in accordance
119	with s. 119.15 and shall stand repealed on October 2, 2011 2009,
120	unless reviewed and saved from repeal through reenactment by the
121	Legislature.
122	5.  The home addresses, home parcel identification numbers,
123	telephone numbers, social security numbers, and photographs of
124	current or former code enforcement officers; the names, home
125	addresses, home parcel identification numbers, telephone
126	numbers, social security numbers, photographs, and places of
127	employment of the spouses and children of such persons; and the
128	names and locations of schools and day care facilities attended
129	by the children of such persons are exempt from s. 119.07(1) and
130	s. 24(a), Art. I of the State Constitution. This subparagraph is
131	subject to the Open Government Sunset Review Act in accordance
132	with s. 119.15 and shall stand repealed on October 2, 2011 2006,
133	unless reviewed and saved from repeal through reenactment by the
134	Legislature.
135	6.  The home addresses, home parcel identification numbers,
136	telephone numbers, places of employment, and photographs of
137	current or former guardians ad litem, as defined in s. 39.820,
138	and the names, home addresses, home parcel identification
139	numbers, telephone numbers, and places of employment of the
140	spouses and children of such persons, are exempt from s.
141	119.07(1) and s. 24(a), Art. I of the State Constitution, if the
142	guardian ad litem provides a written statement that the guardian
143	ad litem has made reasonable efforts to protect such information
144	from being accessible through other means available to the
145	public. This subparagraph is subject to the Open Government
146	Sunset Review Act in accordance with s. 119.15 and shall stand
147	repealed on October 2, 2011 2010, unless reviewed and saved from
148	repeal through reenactment by the Legislature.
149	7.  An agency that is the custodian of the personal
150	information specified in subparagraph 1., subparagraph 2.,
151	subparagraph 3., subparagraph 4., subparagraph 5., or
152	subparagraph 6. and that is not the employer of the officer,
153	employee, justice, judge, or other person specified in
154	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
155	4., subparagraph 5., or subparagraph 6. shall maintain the
156	exempt status of the personal information only if the officer,
157	employee, justice, judge, other person, or employing agency of
158	the designated employee submits a written request for
159	maintenance of the exemption to the custodial agency.
160	Section 2.  The Legislature finds that it is a public
161	necessity that home parcel identification numbers maintained by
162	county property appraisers which identify the homes of specified
163	state agency personnel be held confidential and exempt from
164	public records requirements. Pursuant to s. 119.071(4), Florida
165	Statutes, the home addresses of specified agency personnel are
166	exempt from public records requirements to ensure their safety.
167	Records at county property appraisers' offices are available via
168	the Internet and can be searched using a parcel identification
169	number or the property owner's name, street number, or street
170	name. It has been revealed that it is possible to determine the
171	identity of a person living at an address if a search of a
172	county property appraiser's records is performed using the
173	parcel identification number of the property owned by such
174	person. By searching a county property appraiser's records using
175	the parcel identification number, the name of the owner is
176	revealed, although the actual street address is not. However,
177	because the location of the home by parcel identification number
178	can be revealed by maps also available on the Internet in the
179	county property appraiser's records, the actual street address
180	of a person can easily be determined. With such information
181	readily available and with little expertise, a person could
182	learn the home addresses of protected state agency personnel
183	that were intended to remain confidential, thus endangering
184	their safety. By expanding the current public records exemption
185	for state agency personnel to include the parcel identification
186	number of property owned by agency personnel, a person would be
187	prevented from learning the home address of protected agency
188	personnel by performing a search in this manner.
189	Section 3.  For the purpose of incorporating the amendment
190	made by this act to section 119.071, Florida Statutes, in a
191	reference thereto, section 409.2577, Florida Statutes, is
192	reenacted to read:
193	409.2577  Parent locator service.--The department shall
194	establish a parent locator service to assist in locating parents
195	who have deserted their children and other persons liable for
196	support of dependent children. The department shall use all
197	sources of information available, including the Federal Parent
198	Locator Service, and may request and shall receive information
199	from the records of any person or the state or any of its
200	political subdivisions or any officer thereof. Any agency as
201	defined in s. 120.52, any political subdivision, and any other
202	person shall, upon request, provide the department any
203	information relating to location, salary, insurance, social
204	security, income tax, and employment history necessary to locate
205	parents who owe or potentially owe a duty of support pursuant to
206	Title IV-D of the Social Security Act. This provision shall
207	expressly take precedence over any other statutory nondisclosure
208	provision which limits the ability of an agency to disclose such
209	information, except that law enforcement information as provided
210	in s. 119.071(4)(d) is not required to be disclosed, and except
211	that confidential taxpayer information possessed by the
212	Department of Revenue shall be disclosed only to the extent
213	authorized in s. 213.053(15). Nothing in this section requires
214	the disclosure of information if such disclosure is prohibited
215	by federal law. Information gathered or used by the parent
216	locator service is confidential and exempt from the provisions
217	of s. 119.07(1). Additionally, the department is authorized to
218	collect any additional information directly bearing on the
219	identity and whereabouts of a person owing or asserted to be
220	owing an obligation of support for a dependent child. The
221	department shall, upon request, make information available only
222	to public officials and agencies of this state; political
223	subdivisions of this state, including any agency thereof
224	providing child support enforcement services to non-Title IV-D
225	clients; the custodial parent, legal guardian, attorney, or
226	agent of the child; and other states seeking to locate parents
227	who have deserted their children and other persons liable for
228	support of dependents, for the sole purpose of establishing,
229	modifying, or enforcing their liability for support, and shall
230	make such information available to the Department of Children
231	and Family Services for the purpose of diligent search
232	activities pursuant to chapter 39. If the department has
233	reasonable evidence of domestic violence or child abuse and the
234	disclosure of information could be harmful to the custodial
235	parent or the child of such parent, the child support program
236	director or designee shall notify the Department of Children and
237	Family Services and the Secretary of the United States
238	Department of Health and Human Services of this evidence. Such
239	evidence is sufficient grounds for the department to disapprove
240	an application for location services.
241	Section 4.  This act shall take effect July 1, 2006.

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