Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 766

606448

CHAMBER ACTION

Senate

Comm: WD

3/11/2008

.

.

.

.

.

House



1

The Committee on Judiciary (Deutch) recommended the following

2

amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Paragraph (d) of subsection (4) of section

8

119.071, Florida Statutes, is amended to read:

9

     119.071  General exemptions from inspection or copying of

10

public records.--

11

     (4)  AGENCY PERSONNEL INFORMATION.--

12

     (d)1.a. The home addresses, telephone numbers, social

13

security numbers, and photographs of active or former law

14

enforcement personnel, including correctional and correctional

15

probation officers, personnel of the Department of Children and

16

Family Services whose duties include the investigation of abuse,

17

neglect, exploitation, fraud, theft, or other criminal

18

activities, personnel of the Department of Health whose duties

19

are to support the investigation of child abuse or neglect, and

20

personnel of the Department of Revenue or local governments

21

whose responsibilities include revenue collection and

22

enforcement or child support enforcement; the home addresses,

23

telephone numbers, social security numbers, photographs, and

24

places of employment of the spouses and children of such

25

personnel; and the names and locations of schools and day care

26

facilities attended by the children of such personnel are exempt

27

from s. 119.07(1). The home addresses, telephone numbers, and

28

photographs of firefighters certified in compliance with s.

29

633.35; the home addresses, telephone numbers, photographs, and

30

places of employment of the spouses and children of such

31

firefighters; and the names and locations of schools and day

32

care facilities attended by the children of such firefighters

33

are exempt from s. 119.07(1). The home addresses and telephone

34

numbers of justices of the Supreme Court, district court of

35

appeal judges, circuit court judges, and county court judges;

36

the home addresses, telephone numbers, and places of employment

37

of the spouses and children of justices and judges; and the

38

names and locations of schools and day care facilities attended

39

by the children of justices and judges are exempt from s.

40

119.07(1). The home addresses, telephone numbers, social

41

security numbers, and photographs of current or former state

42

attorneys, assistant state attorneys, statewide prosecutors, or

43

assistant statewide prosecutors; the home addresses, telephone

44

numbers, social security numbers, photographs, and places of

45

employment of the spouses and children of current or former

46

state attorneys, assistant state attorneys, statewide

47

prosecutors, or assistant statewide prosecutors; and the names

48

and locations of schools and day care facilities attended by the

49

children of current or former state attorneys, assistant state

50

attorneys, statewide prosecutors, or assistant statewide

51

prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of

52

the State Constitution.

53

b. The home addresses, telephone numbers, and places of

54

employment of grandchildren of justices and judges and the names

55

and locations of schools and day care facilities attended by the

56

grandchildren of justices and judges are exempt from s.

57

119.07(1) and s. 24(a), Art. I of the State Constitution. This

58

sub-subparagraph is subject to the Open Government Sunset Review

59

Act in accordance with s. 119.15 and shall stand repealed on

60

October 2, 2013, unless reviewed and saved from repeal through

61

reenactment by the Legislature.

62

c. The home addresses and telephone numbers of general

63

magistrates, special magistrates, and child support enforcement

64

hearing officers; the home addresses, telephone numbers, and

65

places of employment of the spouses, children, and grandchildren

66

of general magistrates, special magistrates, and child support

67

enforcement hearing officers; and the names and locations of

68

schools and day care facilities attended by the children and

69

grandchildren of general magistrates, special magistrates, and

70

child support enforcement hearing officers are exempt from

71

s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

72

This sub-subparagraph is subject to the Open Government Sunset

73

Review Act in accordance with s. 119.15 and shall stand repealed

74

on October 2, 2013, unless reviewed and saved from repeal

75

through reenactment by the Legislature.

76

     3.  The home addresses, telephone numbers, social security

77

numbers, and photographs of current or former United States

78

attorneys and assistant United States attorneys; the home

79

addresses, telephone numbers, social security numbers,

80

photographs, and places of employment of the spouses and

81

children of current or former United States attorneys and

82

assistant United States attorneys; and the names and locations

83

of schools and day care facilities attended by the children of

84

current or former United States attorneys and assistant United

85

States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.

86

I of the State Constitution. This subparagraph is subject to the

87

Open Government Sunset Review Act in accordance with s. 119.15

88

and shall stand repealed on October 2, 2009, unless reviewed and

89

saved from repeal through reenactment by the Legislature.

90

     4.  The home addresses, telephone numbers, social security

91

numbers, and photographs of current or former judges of United

92

States Courts of Appeal, United States district judges, and

93

United States magistrate judges; the home addresses, telephone

94

numbers, social security numbers, photographs, and places of

95

employment of the spouses and children of current or former

96

judges of United States Courts of Appeal, United States district

97

judges, and United States magistrate judges; and the names and

98

locations of schools and day care facilities attended by the

99

children of current or former judges of United States Courts of

100

Appeal, United States district judges, and United States

101

magistrate judges are exempt from s. 119.07(1) and s. 24(a),

102

Art. I of the State Constitution. This subparagraph is subject

103

to the Open Government Sunset Review Act in accordance with s.

104

119.15 and shall stand repealed on October 2, 2009, unless

105

reviewed and saved from repeal through reenactment by the

106

Legislature.

107

     5.  The home addresses, telephone numbers, and photographs

108

of current or former code enforcement officers; the names, home

109

addresses, telephone numbers, and places of employment of the

110

spouses and children of such personnel; and the names and

111

locations of schools and day care facilities attended by the

112

children of such personnel are exempt from s. 119.07(1) and s.

113

24(a), Art. I of the State Constitution.

114

     6.  The home addresses, telephone numbers, places of

115

employment, and photographs of current or former guardians ad

116

litem, as defined in s. 39.820, and the names, home addresses,

117

telephone numbers, and places of employment of the spouses and

118

children of such persons, are exempt from s. 119.07(1) and s.

119

24(a), Art. I of the State Constitution, if the guardian ad

120

litem provides a written statement that the guardian ad litem

121

has made reasonable efforts to protect such information from

122

being accessible through other means available to the public.

123

This subparagraph is subject to the Open Government Sunset

124

Review Act in accordance with s. 119.15 and shall stand repealed

125

on October 2, 2010, unless reviewed and saved from repeal

126

through reenactment by the Legislature.

127

     7.  The home addresses, telephone numbers, and photographs

128

of current or former juvenile probation officers, juvenile

129

probation supervisors, detention superintendents, assistant

130

detention superintendents, senior juvenile detention officers,

131

juvenile detention officer supervisors, juvenile detention

132

officers, house parents I and II, house parent supervisors,

133

group treatment leaders, group treatment leader supervisors,

134

rehabilitation therapists, and social services counselors of the

135

Department of Juvenile Justice; the names, home addresses,

136

telephone numbers, and places of employment of spouses and

137

children of such personnel; and the names and locations of

138

schools and day care facilities attended by the children of such

139

personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of

140

the State Constitution. This subparagraph is subject to the Open

141

Government Sunset Review Act in accordance with s. 119.15 and

142

shall stand repealed on October 2, 2011, unless reviewed and

143

saved from repeal through reenactment by the Legislature.

144

     8.  An agency that is the custodian of the personal

145

information specified in subparagraph 1., subparagraph 2.,

146

subparagraph 3., subparagraph 4., subparagraph 5., subparagraph

147

6., or subparagraph 7. and that is not the employer of the

148

officer, employee, justice, judge, or other person specified in

149

subparagraph 1., subparagraph 2., subparagraph 3., subparagraph

150

4., subparagraph 5., subparagraph 6., or subparagraph 7. shall

151

maintain the exempt status of the personal information only if

152

the officer, employee, justice, judge, other person, or

153

employing agency of the designated employee submits a written

154

request for maintenance of the exemption to the custodial

155

agency.

156

     Section 2. The Legislature finds that it is a public

157

necessity that the home addresses and telephone numbers of

158

general magistrates, special magistrates, and child support

159

enforcement hearing officers be made exempt from public records

160

requirements. The Legislature also finds that it is a public

161

necessity that the home addresses, telephone numbers, and places

162

of employment of the spouses, children, and grandchildren of

163

general magistrates, special magistrates, and child support

164

enforcement hearing officers and the grandchildren of justices

165

of the Supreme Court, district court of appeal judges, circuit

166

court judges, and county court judges be made exempt from public

167

records requirements. The Legislature also finds that it is a

168

public necessity that the names and locations of schools and day

169

care facilities attended by the children and grandchildren of

170

general magistrates, special magistrates, and child support

171

enforcement hearing officers and the grandchildren of justices

172

of the Supreme Court, district court of appeal judges, circuit

173

court judges, and county court judges be made exempt from public

174

records requirements. Release of such identifying and location

175

information might place such officials and their family members

176

in danger of physical and emotional harm from disgruntled

177

criminal defendants or litigants. Therefore, the harm that might

178

result from the release of the information outweighs any public

179

benefit that could be derived from disclosure of the

180

information.

181

     Section 3.  This act shall take effect July 1, 2008.

182

183

================ T I T L E  A M E N D M E N T ================

184

And the title is amended as follows:

185

     Delete everything before the enacting clause

186

and insert:

187

A bill to be entitled

188

An act relating to public records; amending s. 119.071,

189

F.S.; creating exemptions from public records requirements

190

for the home addresses and telephone numbers of general

191

magistrates, special magistrates, and child support

192

enforcement hearing officers; the home addresses,

193

telephone numbers, and places of employment of the

194

spouses, children, and grandchildren of general

195

magistrates, special magistrates, and child support

196

enforcement hearing officers and the grandchildren of

197

justices of the Supreme Court, district court of appeal

198

judges, circuit court judges, and county court judges; and

199

the names and locations of schools and day care facilities

200

attended by the children and grandchildren of general

201

magistrates, special magistrates, and child support

202

enforcement hearing officers and the grandchildren of

203

justices of the Supreme Court, district court of appeal

204

judges, circuit court judges, and county court judges;

205

providing for review and repeal of the exemptions;

206

providing a statement of public necessity; providing an

207

effective date.

3/3/2008  5:36:00 PM     JU.JU.04386

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