Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 766
606448
Senate
Comm: WD
3/11/2008
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House
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The Committee on Judiciary (Deutch) recommended the following
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amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (d) of subsection (4) of section
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119.071, Florida Statutes, is amended to read:
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119.071 General exemptions from inspection or copying of
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public records.--
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(4) AGENCY PERSONNEL INFORMATION.--
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(d)1.a. The home addresses, telephone numbers, social
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security numbers, and photographs of active or former law
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enforcement personnel, including correctional and correctional
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probation officers, personnel of the Department of Children and
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Family Services whose duties include the investigation of abuse,
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neglect, exploitation, fraud, theft, or other criminal
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activities, personnel of the Department of Health whose duties
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are to support the investigation of child abuse or neglect, and
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personnel of the Department of Revenue or local governments
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whose responsibilities include revenue collection and
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enforcement or child support enforcement; the home addresses,
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telephone numbers, social security numbers, photographs, and
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places of employment of the spouses and children of such
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personnel; and the names and locations of schools and day care
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facilities attended by the children of such personnel are exempt
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from s. 119.07(1). The home addresses, telephone numbers, and
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photographs of firefighters certified in compliance with s.
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633.35; the home addresses, telephone numbers, photographs, and
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places of employment of the spouses and children of such
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firefighters; and the names and locations of schools and day
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care facilities attended by the children of such firefighters
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are exempt from s. 119.07(1). The home addresses and telephone
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numbers of justices of the Supreme Court, district court of
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appeal judges, circuit court judges, and county court judges;
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the home addresses, telephone numbers, and places of employment
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of the spouses and children of justices and judges; and the
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names and locations of schools and day care facilities attended
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by the children of justices and judges are exempt from s.
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119.07(1). The home addresses, telephone numbers, social
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security numbers, and photographs of current or former state
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attorneys, assistant state attorneys, statewide prosecutors, or
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assistant statewide prosecutors; the home addresses, telephone
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numbers, social security numbers, photographs, and places of
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employment of the spouses and children of current or former
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state attorneys, assistant state attorneys, statewide
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prosecutors, or assistant statewide prosecutors; and the names
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and locations of schools and day care facilities attended by the
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children of current or former state attorneys, assistant state
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attorneys, statewide prosecutors, or assistant statewide
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prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
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the State Constitution.
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b. The home addresses, telephone numbers, and places of
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employment of grandchildren of justices and judges and the names
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and locations of schools and day care facilities attended by the
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grandchildren of justices and judges are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution. This
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sub-subparagraph is subject to the Open Government Sunset Review
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Act in accordance with s. 119.15 and shall stand repealed on
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October 2, 2013, unless reviewed and saved from repeal through
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reenactment by the Legislature.
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c. The home addresses and telephone numbers of general
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magistrates, special magistrates, and child support enforcement
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hearing officers; the home addresses, telephone numbers, and
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places of employment of the spouses, children, and grandchildren
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of general magistrates, special magistrates, and child support
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enforcement hearing officers; and the names and locations of
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schools and day care facilities attended by the children and
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grandchildren of general magistrates, special magistrates, and
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child support enforcement hearing officers are exempt from
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
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This sub-subparagraph is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2013, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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3. The home addresses, telephone numbers, social security
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numbers, and photographs of current or former United States
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attorneys and assistant United States attorneys; the home
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addresses, telephone numbers, social security numbers,
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photographs, and places of employment of the spouses and
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children of current or former United States attorneys and
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assistant United States attorneys; and the names and locations
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of schools and day care facilities attended by the children of
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current or former United States attorneys and assistant United
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States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
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I of the State Constitution. This subparagraph is subject to the
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Open Government Sunset Review Act in accordance with s. 119.15
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and shall stand repealed on October 2, 2009, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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4. The home addresses, telephone numbers, social security
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numbers, and photographs of current or former judges of United
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States Courts of Appeal, United States district judges, and
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United States magistrate judges; the home addresses, telephone
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numbers, social security numbers, photographs, and places of
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employment of the spouses and children of current or former
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judges of United States Courts of Appeal, United States district
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judges, and United States magistrate judges; and the names and
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locations of schools and day care facilities attended by the
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children of current or former judges of United States Courts of
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Appeal, United States district judges, and United States
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magistrate judges are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution. This subparagraph is subject
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to the Open Government Sunset Review Act in accordance with s.
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119.15 and shall stand repealed on October 2, 2009, unless
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reviewed and saved from repeal through reenactment by the
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Legislature.
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5. The home addresses, telephone numbers, and photographs
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of current or former code enforcement officers; the names, home
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addresses, telephone numbers, and places of employment of the
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spouses and children of such personnel; and the names and
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locations of schools and day care facilities attended by the
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children of such personnel are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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6. The home addresses, telephone numbers, places of
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employment, and photographs of current or former guardians ad
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litem, as defined in s. 39.820, and the names, home addresses,
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telephone numbers, and places of employment of the spouses and
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children of such persons, are exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution, if the guardian ad
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litem provides a written statement that the guardian ad litem
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has made reasonable efforts to protect such information from
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being accessible through other means available to the public.
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This subparagraph is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2010, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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7. The home addresses, telephone numbers, and photographs
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of current or former juvenile probation officers, juvenile
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probation supervisors, detention superintendents, assistant
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detention superintendents, senior juvenile detention officers,
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juvenile detention officer supervisors, juvenile detention
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officers, house parents I and II, house parent supervisors,
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group treatment leaders, group treatment leader supervisors,
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rehabilitation therapists, and social services counselors of the
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Department of Juvenile Justice; the names, home addresses,
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telephone numbers, and places of employment of spouses and
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children of such personnel; and the names and locations of
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schools and day care facilities attended by the children of such
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personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
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the State Constitution. This subparagraph is subject to the Open
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Government Sunset Review Act in accordance with s. 119.15 and
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shall stand repealed on October 2, 2011, unless reviewed and
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saved from repeal through reenactment by the Legislature.
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8. An agency that is the custodian of the personal
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information specified in subparagraph 1., subparagraph 2.,
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subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
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6., or subparagraph 7. and that is not the employer of the
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officer, employee, justice, judge, or other person specified in
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subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
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4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
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maintain the exempt status of the personal information only if
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the officer, employee, justice, judge, other person, or
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employing agency of the designated employee submits a written
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request for maintenance of the exemption to the custodial
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agency.
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Section 2. The Legislature finds that it is a public
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necessity that the home addresses and telephone numbers of
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general magistrates, special magistrates, and child support
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enforcement hearing officers be made exempt from public records
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requirements. The Legislature also finds that it is a public
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necessity that the home addresses, telephone numbers, and places
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of employment of the spouses, children, and grandchildren of
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general magistrates, special magistrates, and child support
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enforcement hearing officers and the grandchildren of justices
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of the Supreme Court, district court of appeal judges, circuit
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court judges, and county court judges be made exempt from public
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records requirements. The Legislature also finds that it is a
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public necessity that the names and locations of schools and day
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care facilities attended by the children and grandchildren of
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general magistrates, special magistrates, and child support
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enforcement hearing officers and the grandchildren of justices
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of the Supreme Court, district court of appeal judges, circuit
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court judges, and county court judges be made exempt from public
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records requirements. Release of such identifying and location
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information might place such officials and their family members
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in danger of physical and emotional harm from disgruntled
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criminal defendants or litigants. Therefore, the harm that might
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result from the release of the information outweighs any public
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benefit that could be derived from disclosure of the
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information.
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Section 3. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to public records; amending s. 119.071,
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F.S.; creating exemptions from public records requirements
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for the home addresses and telephone numbers of general
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magistrates, special magistrates, and child support
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enforcement hearing officers; the home addresses,
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telephone numbers, and places of employment of the
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spouses, children, and grandchildren of general
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magistrates, special magistrates, and child support
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enforcement hearing officers and the grandchildren of
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justices of the Supreme Court, district court of appeal
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judges, circuit court judges, and county court judges; and
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the names and locations of schools and day care facilities
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attended by the children and grandchildren of general
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magistrates, special magistrates, and child support
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enforcement hearing officers and the grandchildren of
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justices of the Supreme Court, district court of appeal
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judges, circuit court judges, and county court judges;
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providing for review and repeal of the exemptions;
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providing a statement of public necessity; providing an
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effective date.
3/3/2008 5:36:00 PM JU.JU.04386
CODING: Words stricken are deletions; words underlined are additions.