HB 639

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; creating an exemption from public records
4	requirements for the home addresses and telephone numbers
5	of general magistrates and child support enforcement
6	hearing officers, the home addresses, telephone numbers,
7	and places of employment of the spouses, children, and
8	grandchildren of general magistrates and child support
9	enforcement hearing officers and the grandchildren of
10	justices of the Supreme Court, district court of appeal
11	judges, circuit court judges, and county court judges, and
12	the names and locations of schools and day care facilities
13	attended by the children and grandchildren of general
14	magistrates and child support enforcement hearing officers
15	and the grandchildren of justices of the Supreme Court,
16	district court of appeal judges, circuit court judges, and
17	county court judges; providing for review and repeal of
18	the exemption; providing a statement of public necessity;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (d) of subsection (4) of section
24	119.071, Florida Statutes, is amended to read:
25	119.071  General exemptions from inspection or copying of
26	public records.--
27	(4)  AGENCY PERSONNEL INFORMATION.--
28	(d)1.  The home addresses, telephone numbers, social
29	security numbers, and photographs of active or former law
30	enforcement personnel, including correctional and correctional
31	probation officers, personnel of the Department of Children and
32	Family Services whose duties include the investigation of abuse,
33	neglect, exploitation, fraud, theft, or other criminal
34	activities, personnel of the Department of Health whose duties
35	are to support the investigation of child abuse or neglect, and
36	personnel of the Department of Revenue or local governments
37	whose responsibilities include revenue collection and
38	enforcement or child support enforcement; the home addresses,
39	telephone numbers, social security numbers, photographs, and
40	places of employment of the spouses and children of such
41	personnel; and the names and locations of schools and day care
42	facilities attended by the children of such personnel are exempt
43	from s. 119.07(1). The home addresses, telephone numbers, and
44	photographs of firefighters certified in compliance with s.
45	633.35; the home addresses, telephone numbers, photographs, and
46	places of employment of the spouses and children of such
47	firefighters; and the names and locations of schools and day
48	care facilities attended by the children of such firefighters
49	are exempt from s. 119.07(1). The home addresses and telephone
50	numbers of justices of the Supreme Court, district court of
51	appeal judges, circuit court judges, and county court judges,
52	general magistrates, and child support enforcement hearing
53	officers; the home addresses, telephone numbers, and places of
54	employment of the spouses, and children, and grandchildren of
55	justices, and judges, general magistrates, and child support
56	enforcement hearing officers; and the names and locations of
57	schools and day care facilities attended by the children and
58	grandchildren of justices, and judges, general magistrates, and
59	child support enforcement hearing officers are exempt from s.
60	119.07(1) and s. 24(a), Art. I of the State Constitution. The
61	home addresses, telephone numbers, social security numbers, and
62	photographs of current or former state attorneys, assistant
63	state attorneys, statewide prosecutors, or assistant statewide
64	prosecutors; the home addresses, telephone numbers, social
65	security numbers, photographs, and places of employment of the
66	spouses and children of current or former state attorneys,
67	assistant state attorneys, statewide prosecutors, or assistant
68	statewide prosecutors; and the names and locations of schools
69	and day care facilities attended by the children of current or
70	former state attorneys, assistant state attorneys, statewide
71	prosecutors, or assistant statewide prosecutors are exempt from
72	s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
73	This subparagraph is subject to the Open Government Sunset
74	Review Act in accordance with s. 119.15 and shall stand repealed
75	on October 2, 2013, unless reviewed and saved from repeal
76	through reenactment by the Legislature.
77	2.  The home addresses, telephone numbers, and photographs
78	of current or former human resource, labor relations, or
79	employee relations directors, assistant directors, managers, or
80	assistant managers of any local government agency or water
81	management district whose duties include hiring and firing
82	employees, labor contract negotiation, administration, or other
83	personnel-related duties; the names, home addresses, telephone
84	numbers, and places of employment of the spouses and children of
85	such personnel; and the names and locations of schools and day
86	care facilities attended by the children of such personnel are
87	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
88	Constitution.
89	3.  The home addresses, telephone numbers, social security
90	numbers, and photographs of current or former United States
91	attorneys and assistant United States attorneys; the home
92	addresses, 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, 2009, unless reviewed and
102	saved from repeal through reenactment by the Legislature.
103	4.  The home addresses, telephone numbers, social security
104	numbers, and photographs of current or former judges of United
105	States Courts of Appeal, United States district judges, and
106	United States magistrate judges; the home addresses, telephone
107	numbers, social security numbers, photographs, and places of
108	employment of the spouses and children of current or former
109	judges of United States Courts of Appeal, United States district
110	judges, and United States magistrate judges; and the names and
111	locations of schools and day care facilities attended by the
112	children of current or former judges of United States Courts of
113	Appeal, United States district judges, and United States
114	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
115	Art. I of the State Constitution. This subparagraph is subject
116	to the Open Government Sunset Review Act in accordance with s.
117	119.15 and shall stand repealed on October 2, 2009, unless
118	reviewed and saved from repeal through reenactment by the
119	Legislature.
120	5.  The home addresses, telephone numbers, and photographs
121	of current or former code enforcement officers; the names, home
122	addresses, telephone numbers, and places of employment of the
123	spouses and children of such personnel; and the names and
124	locations of schools and day care facilities attended by the
125	children of such personnel are exempt from s. 119.07(1) and s.
126	24(a), Art. I of the State Constitution.
127	6.  The home addresses, telephone numbers, places of
128	employment, and photographs of current or former guardians ad
129	litem, as defined in s. 39.820, and the names, home addresses,
130	telephone numbers, and places of employment of the spouses and
131	children of such persons, are exempt from s. 119.07(1) and s.
132	24(a), Art. I of the State Constitution, if the guardian ad
133	litem provides a written statement that the guardian ad litem
134	has made reasonable efforts to protect such information from
135	being accessible through other means available to the public.
136	This subparagraph is subject to the Open Government Sunset
137	Review Act in accordance with s. 119.15 and shall stand repealed
138	on October 2, 2010, unless reviewed and saved from repeal
139	through reenactment by the Legislature.
140	7.  The home addresses, telephone numbers, and photographs
141	of current or former juvenile probation officers, juvenile
142	probation supervisors, detention superintendents, assistant
143	detention superintendents, senior juvenile detention officers,
144	juvenile detention officer supervisors, juvenile detention
145	officers, house parents I and II, house parent supervisors,
146	group treatment leaders, group treatment leader supervisors,
147	rehabilitation therapists, and social services counselors of the
148	Department of Juvenile Justice; the names, home addresses,
149	telephone numbers, and places of employment of spouses and
150	children of such personnel; and the names and locations of
151	schools and day care facilities attended by the children of such
152	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
153	the State Constitution. This subparagraph is subject to the Open
154	Government Sunset Review Act in accordance with s. 119.15 and
155	shall stand repealed on October 2, 2011, unless reviewed and
156	saved from repeal through reenactment by the Legislature.
157	8.  An agency that is the custodian of the personal
158	information specified in subparagraph 1., subparagraph 2.,
159	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
160	6., or subparagraph 7. and that is not the employer of the
161	officer, employee, justice, judge, general magistrate, or other
162	person specified in subparagraph 1., subparagraph 2.,
163	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
164	6., or subparagraph 7. shall maintain the exempt status of the
165	personal information only if the officer, employee, justice,
166	judge, general magistrate, other person, or employing agency of
167	the designated employee submits a written request for
168	maintenance of the exemption to the custodial agency.
169	Section 2.  The Legislature finds that it is a public
170	necessity that the home addresses and telephone numbers of
171	general magistrates and child support enforcement hearing
172	officers be made confidential and exempt from public records
173	requirements. The Legislature also finds that it is a public
174	necessity that the home addresses, telephone numbers, and places
175	of employment of the spouses, children, and grandchildren of
176	general magistrates and child support enforcement hearing
177	officers and the grandchildren of justices of the Supreme Court,
178	district court of appeal judges, circuit court judges, and
179	county court judges be made confidential and exempt from public
180	records requirements. The Legislature also finds that it is a
181	public necessity that the names and locations of schools and day
182	care facilities attended by the children and grandchildren of
183	general magistrates and child support enforcement hearing
184	officers and the grandchildren of justices of the Supreme Court,
185	district court of appeal judges, circuit court judges, and
186	county court judges be made confidential and exempt from public
187	records requirements. Release of such identifying and location
188	information might place such judicial officials and their family
189	members in danger of physical and emotional harm from
190	disgruntled criminal defendants or litigants. Therefore, the
191	harm that might result from the release of the information
192	outweighs any public benefit that could be derived from
193	disclosure of the information.
194	Section 3.  This act shall take effect July 1, 2008.

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