Senate Bill sb2510
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Florida Senate - 2007 SB 2510
By Senator Villalobos
38-1738-07 See HB
1 A bill to be entitled
2 An act relating to a public-records exemption;
3 amending s. 119.071, F.S.; providing an
4 exemption from public-records requirements for
5 identifying and location information of current
6 or former investigators of the Commission on
7 Ethics, current or former investigators of a
8 county or municipal Commission on Ethics and
9 Public Trust, and the spouses and children of
10 such investigators; providing for future review
11 and repeal of the exemption; providing a
12 statement of public necessity; providing an
13 effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (d) of subsection (4) of section
18 119.071, Florida Statutes, is amended to read:
19 119.071 General exemptions from inspection or copying
20 of public records.--
21 (4) AGENCY PERSONNEL INFORMATION.--
22 (d)1. The home addresses, telephone numbers, social
23 security numbers, and photographs of active or former law
24 enforcement personnel, including correctional and correctional
25 probation officers, personnel of the Department of Children
26 and Family Services whose duties include the investigation of
27 abuse, neglect, exploitation, fraud, theft, or other criminal
28 activities, personnel of the Department of Health whose duties
29 are to support the investigation of child abuse or neglect,
30 and personnel of the Department of Revenue or local
31 governments whose responsibilities include revenue collection
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
1 and enforcement or child support enforcement; the home
2 addresses, telephone numbers, social security numbers,
3 photographs, and places of employment of the spouses and
4 children of such personnel; and the names and locations of
5 schools and day care facilities attended by the children of
6 such personnel are exempt from s. 119.07(1). The home
7 addresses, telephone numbers, and photographs of firefighters
8 certified in compliance with s. 633.35; the home addresses,
9 telephone numbers, photographs, and places of employment of
10 the spouses and children of such firefighters; and the names
11 and locations of schools and day care facilities attended by
12 the children of such firefighters are exempt from s.
13 119.07(1). The home addresses and telephone numbers of
14 justices of the Supreme Court, district court of appeal
15 judges, circuit court judges, and county court judges; the
16 home addresses, telephone numbers, and places of employment of
17 the spouses and children of justices and judges; and the names
18 and locations of schools and day care facilities attended by
19 the children of justices and judges are exempt from s.
20 119.07(1). The home addresses, telephone numbers, social
21 security numbers, and photographs of current or former state
22 attorneys, assistant state attorneys, statewide prosecutors,
23 or assistant statewide prosecutors; the home addresses,
24 telephone numbers, social security numbers, photographs, and
25 places of employment of the spouses and children of current or
26 former state attorneys, assistant state attorneys, statewide
27 prosecutors, or assistant statewide prosecutors; and the names
28 and locations of schools and day care facilities attended by
29 the children of current or former state attorneys, assistant
30 state attorneys, statewide prosecutors, or assistant statewide
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
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, and
4 photographs of current or former human resource, labor
5 relations, or employee relations directors, assistant
6 directors, managers, or assistant managers of any local
7 government agency or water management district whose duties
8 include hiring and firing employees, labor contract
9 negotiation, administration, or other personnel-related
10 duties; the names, home addresses, telephone numbers, and
11 places of employment of the spouses and children of such
12 personnel; and the names and locations of schools and day care
13 facilities attended by the children of such personnel are
14 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution.
16 3. The home addresses, telephone numbers, social
17 security numbers, and photographs of current or former United
18 States attorneys and assistant United States attorneys; the
19 home addresses, telephone numbers, social security numbers,
20 photographs, and places of employment of the spouses and
21 children of current or former United States attorneys and
22 assistant United States attorneys; and the names and locations
23 of schools and day care facilities attended by the children of
24 current or former United States attorneys and assistant United
25 States attorneys are exempt from s. 119.07(1) and s. 24(a),
26 Art. I of the State Constitution. This subparagraph is subject
27 to the Open Government Sunset Review Act in accordance with s.
28 119.15 and shall stand repealed on October 2, 2009, unless
29 reviewed and saved from repeal through reenactment by the
30 Legislature.
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
1 4. The home addresses, telephone numbers, social
2 security numbers, and photographs of current or former judges
3 of United States Courts of Appeal, United States district
4 judges, and United States magistrate judges; the home
5 addresses, telephone numbers, social security numbers,
6 photographs, and places of employment of the spouses and
7 children of current or former judges of United States Courts
8 of Appeal, United States district judges, and United States
9 magistrate judges; and the names and locations of schools and
10 day care facilities attended by the children of current or
11 former judges of United States Courts of Appeal, United States
12 district judges, and United States magistrate judges are
13 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution. This subparagraph is subject to the Open
15 Government Sunset Review Act in accordance with s. 119.15 and
16 shall stand repealed on October 2, 2009, unless reviewed and
17 saved from repeal through reenactment by the Legislature.
18 5. The home addresses, telephone numbers, and
19 photographs of current or former code enforcement officers;
20 the names, home addresses, telephone numbers, and places of
21 employment of the spouses and children of such personnel; and
22 the names and locations of schools and day care facilities
23 attended by the children of such personnel are exempt from s.
24 119.07(1) and s. 24(a), Art. I of the State Constitution.
25 6. The home addresses, telephone numbers, places of
26 employment, and photographs of current or former guardians ad
27 litem, as defined in s. 39.820, and the names, home addresses,
28 telephone numbers, and places of employment of the spouses and
29 children of such persons, are exempt from s. 119.07(1) and s.
30 24(a), Art. I of the State Constitution, if the guardian ad
31 litem provides a written statement that the guardian ad litem
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
1 has made reasonable efforts to protect such information from
2 being accessible through other means available to the public.
3 This subparagraph is subject to the Open Government Sunset
4 Review Act in accordance with s. 119.15 and shall stand
5 repealed on October 2, 2010, unless reviewed and saved from
6 repeal through reenactment by the Legislature.
7 7. The home addresses, telephone numbers, and
8 photographs of current or former juvenile probation officers,
9 juvenile probation supervisors, detention superintendents,
10 assistant detention superintendents, senior juvenile detention
11 officers, juvenile detention officer supervisors, juvenile
12 detention officers, house parents I and II, house parent
13 supervisors, group treatment leaders, group treatment leader
14 supervisors, rehabilitation therapists, and social services
15 counselors of the Department of Juvenile Justice; the names,
16 home addresses, telephone numbers, and places of employment of
17 spouses and children of such personnel; and the names and
18 locations of schools and day care facilities attended by the
19 children of such personnel are exempt from s. 119.07(1) and s.
20 24(a), Art. I of the State Constitution. This subparagraph is
21 subject to the Open Government Sunset Review Act in accordance
22 with s. 119.15 and shall stand repealed on October 2, 2011,
23 unless reviewed and saved from repeal through reenactment by
24 the Legislature.
25 8. The home addresses, telephone numbers, and
26 photographs of current or former investigators of the
27 Commission on Ethics and current or former investigators of a
28 Commission on Ethics and Public Trust established by any
29 county as defined in s. 125.011(1) or by any municipality as
30 defined in s. 165.031(4); the names, home addresses, telephone
31 numbers, and places of employment of spouses and children of
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
1 such investigators; and the names and locations of schools and
2 day care facilities attended by the children of such
3 investigators are exempt from s. 119.07(1) and s. 24(a), Art.
4 I of the State Constitution. This subparagraph is subject to
5 the Open Government Sunset Review Act in accordance with s.
6 119.15 and shall stand repealed on October 2, 2012, unless
7 reviewed and saved from repeal through reenactment by the
8 Legislature.
9 9.8. An agency that is the custodian of the personal
10 information specified in subparagraph 1., subparagraph 2.,
11 subparagraph 3., subparagraph 4., subparagraph 5.,
12 subparagraph 6., or subparagraph 7., or subparagraph 8. and
13 that is not the employer of the officer, employee, justice,
14 judge, or other person specified in subparagraph 1.,
15 subparagraph 2., subparagraph 3., subparagraph 4.,
16 subparagraph 5., subparagraph 6., or subparagraph 7., or
17 subparagraph 8. shall maintain the exempt status of the
18 personal information only if the officer, employee, justice,
19 judge, other person, or employing agency of the designated
20 employee submits a written request for maintenance of the
21 exemption to the custodial agency.
22 Section 2. The Legislature finds that it is a public
23 necessity that the home addresses, telephone numbers, and
24 photographs of current or former investigators of the
25 Commission on Ethics and current or former investigators of a
26 Commission on Ethics and Public Trust established by any
27 county as defined in s. 125.011(1), Florida Statutes, or by
28 any municipality as defined in s. 165.031(4), Florida
29 Statutes; the names, home addresses, telephone numbers, and
30 places of employment of spouses and children of such
31 investigators; and the names and locations of schools and day
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Florida Senate - 2007 SB 2510
38-1738-07 See HB
1 care facilities attended by the children of such investigators
2 be made exempt from public-records requirements. This
3 exemption is justified because, if such information were not
4 made exempt from public-records requirements, such
5 investigators or the family members of such investigators
6 could be harmed or threatened with harm by a person under
7 investigation by the Commission on Ethics or a county or
8 municipal Commission on Ethics and Public Trust.
9 Section 3. This act shall take effect October 1, 2007.
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