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.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

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

31  

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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.

31  

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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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