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 and telephone numbers of general

54

magistrates, special magistrates, and child support enforcement

55

hearing officers; the home addresses, telephone numbers, and

56

places of employment of the spouses and children of general

57

magistrates, special magistrates, and child support enforcement

58

hearing officers; and the names and locations of schools and day

59

care facilities attended by the children of general magistrates,

60

special magistrates, and child support enforcement hearing

61

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

62

the State Constitution, if the general magistrate, special

63

magistrate, or child support hearing officer provides a written

64

statement that the general magistrate, special magistrate, or

65

child support hearing officer has made reasonable efforts to

66

protect such information from being accessible through other

67

means available to the public. This sub-subparagraph is subject

68

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

69

119.15 and shall stand repealed on October 2, 2013, unless

70

reviewed and saved from repeal through reenactment by the

71

Legislature.

72

     3.  The home addresses, telephone numbers, social security

73

numbers, and photographs of current or former United States

74

attorneys and assistant United States attorneys; the home

75

addresses, telephone numbers, social security numbers,

76

photographs, and places of employment of the spouses and

77

children of current or former United States attorneys and

78

assistant United States attorneys; and the names and locations

79

of schools and day care facilities attended by the children of

80

current or former United States attorneys and assistant United

81

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

82

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

83

Open Government Sunset Review Act in accordance with s. 119.15

84

and shall stand repealed on October 2, 2009, unless reviewed and

85

saved from repeal through reenactment by the Legislature.

86

     4.  The home addresses, telephone numbers, social security

87

numbers, and photographs of current or former judges of United

88

States Courts of Appeal, United States district judges, and

89

United States magistrate judges; the home addresses, telephone

90

numbers, social security numbers, photographs, and places of

91

employment of the spouses and children of current or former

92

judges of United States Courts of Appeal, United States district

93

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

94

locations of schools and day care facilities attended by the

95

children of current or former judges of United States Courts of

96

Appeal, United States district judges, and United States

97

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

98

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

99

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

100

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

101

reviewed and saved from repeal through reenactment by the

102

Legislature.

103

     5.  The home addresses, telephone numbers, and photographs

104

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

105

addresses, telephone numbers, and places of employment of the

106

spouses and children of such personnel; and the names and

107

locations of schools and day care facilities attended by the

108

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

109

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

110

     6.  The home addresses, telephone numbers, places of

111

employment, and photographs of current or former guardians ad

112

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

113

telephone numbers, and places of employment of the spouses and

114

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

115

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

116

litem provides a written statement that the guardian ad litem

117

has made reasonable efforts to protect such information from

118

being accessible through other means available to the public.

119

This subparagraph is subject to the Open Government Sunset

120

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

121

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

122

through reenactment by the Legislature.

123

     7.  The home addresses, telephone numbers, and photographs

124

of current or former juvenile probation officers, juvenile

125

probation supervisors, detention superintendents, assistant

126

detention superintendents, senior juvenile detention officers,

127

juvenile detention officer supervisors, juvenile detention

128

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

129

group treatment leaders, group treatment leader supervisors,

130

rehabilitation therapists, and social services counselors of the

131

Department of Juvenile Justice; the names, home addresses,

132

telephone numbers, and places of employment of spouses and

133

children of such personnel; and the names and locations of

134

schools and day care facilities attended by the children of such

135

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

136

the State Constitution. This subparagraph is subject to the Open

137

Government Sunset Review Act in accordance with s. 119.15 and

138

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

139

saved from repeal through reenactment by the Legislature.

140

     8.  An agency that is the custodian of the personal

141

information specified in subparagraph 1., subparagraph 2.,

142

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

143

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

144

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

145

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

146

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

147

maintain the exempt status of the personal information only if

148

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

149

employing agency of the designated employee submits a written

150

request for maintenance of the exemption to the custodial

151

agency.

152

     Section 2. The Legislature finds that it is a public

153

necessity that the home addresses and telephone numbers of

154

general magistrates, special magistrates, and child support

155

enforcement hearing officers be made exempt from public records

156

requirements. The Legislature also finds that it is a public

157

necessity that the home addresses, telephone numbers, and places

158

of employment of the spouses and children of general

159

magistrates, special magistrates, and child support enforcement

160

hearing officers be made exempt from public records

161

requirements. The Legislature also finds that it is a public

162

necessity that the names and locations of schools and day care

163

facilities attended by the children of general magistrates,

164

special magistrates, and child support enforcement hearing

165

officers be made exempt from public records requirements. The

166

legislature finds that these exemptions shall be subject to the

167

general magistrate, special magistrate, or child support hearing

168

officer providing a written statement that the general

169

magistrate, special magistrate, or child support hearing officer

170

has made reasonable efforts to protect such information from

171

being accessible through other means available to the public.

172

Release of such identifying and location information might place

173

such officials and their family members in danger of physical

174

and emotional harm from disgruntled criminal defendants or

175

litigants. Therefore, the harm that might result from the

176

release of the information outweighs any public benefit that

177

could be derived from disclosure of the information.

178

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

179

180

181

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

182

And the title is amended as follows:

183

     Delete everything before the enacting clause

184

and insert:

185

A bill to be entitled

186

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

187

F.S.; creating exemptions from public records requirements

188

for the home addresses and telephone numbers of general

189

magistrates, special magistrates, and child support

190

enforcement hearing officers; the home addresses,

191

telephone numbers, and places of employment of the spouses

192

and children of general magistrates, special magistrates,

193

and child support enforcement hearing officers; and the

194

names and locations of schools and day care facilities

195

attended by the children of general magistrates, special

196

magistrates, and child support enforcement hearing

197

officers; requiring reasonable efforts by the magistrates

198

and hearing officers to prevent access through other

199

means; providing for review and repeal of the exemptions;

200

providing a statement of public necessity; providing an

201

effective date.

3/7/2008  4:47:00 PM     JU.JU.04565