Florida Senate - 2008 (Reformatted) SB 766
By Senator Rich
34-02535-08 2008766__
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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 an exemption from public-records
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requirements for the home addresses, telephone numbers,
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and certain other specified information concerning general
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magistrates, child support enforcement hearing officers,
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and the spouses, children, and grandchildren of specified
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judicial officials; providing for future legislative
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review and repeal of the exemption under the Open
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Government Sunset Review Act; providing a statement of
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public necessity; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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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. 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 whose
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responsibilities include revenue collection and enforcement or
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child support enforcement; the home addresses, telephone numbers,
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social security numbers, photographs, and places of employment of
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the 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). The home
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addresses, telephone numbers, and photographs of firefighters
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certified in compliance with s. 633.35; the home addresses,
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telephone numbers, photographs, and places of employment of the
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spouses and children of such firefighters; 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 firefighters are exempt from s. 119.07(1). The
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home addresses and telephone numbers of justices of the Supreme
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Court, district court of appeal judges, circuit court judges, and
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county court judges, general magistrates, and child support
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enforcement hearing officers; the home addresses, telephone
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numbers, and places of employment of the spouses, and children,
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and grandchildren of justices, and judges, general magistrates,
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and child support enforcement hearing officers; and the names and
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locations of schools and day care facilities attended by the
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children and grandchildren of justices, and judges, general
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magistrates, and child support enforcement hearing officers are
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exempt from s. 119.07(1). The home addresses, telephone numbers,
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social security numbers, and photographs of current or former
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state attorneys, assistant state attorneys, statewide
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prosecutors, or assistant statewide prosecutors; 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 children
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of current or former state attorneys, assistant state attorneys,
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statewide prosecutors, or assistant statewide prosecutors; and
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the names and locations of schools and day care facilities
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attended by the children of current or former state attorneys,
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assistant state attorneys, statewide prosecutors, or assistant
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statewide prosecutors are exempt from s. 119.07(1) and s. 24(a),
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Art. I of the State Constitution.
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2. The home addresses, telephone numbers, and photographs
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of current or former human resource, labor relations, or employee
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relations directors, assistant directors, managers, or assistant
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managers of any local government agency or water management
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district whose duties include hiring and firing employees, labor
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contract negotiation, administration, or other personnel-related
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duties; the names, home addresses, telephone numbers, and places
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of employment of the spouses and children of such personnel; and
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the names and locations of schools and day care facilities
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attended by the children of such personnel are exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution.
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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 children
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of current or former United States attorneys and assistant United
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States attorneys; and the names and locations of schools and day
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care facilities attended by the children of current or former
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United States attorneys and assistant United States attorneys are
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution. This subparagraph is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2009, unless reviewed and saved from
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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), 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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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 litem
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provides a written statement that the guardian ad litem has made
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reasonable efforts to protect such information from being
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accessible through other means available to the public. This
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subparagraph is subject to the Open Government Sunset Review Act
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in accordance with s. 119.15 and shall stand repealed on October
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2, 2010, unless reviewed and saved from repeal through
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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, group
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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 employing
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agency of the designated employee submits a written request for
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maintenance of the exemption to the custodial agency.
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Section 2. The amendments made by section 1 of this act are
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subject to the Open Government Sunset Review Act in accordance
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with s. 119.15, Florida Statutes, 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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Section 3. The Legislature finds that it is a public
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necessity that the home address and telephone numbers of general
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magistrates and child support enforcement hearing officers be
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made confidential and exempt from disclosure. The Legislature
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also finds that it is a public necessity that the home address,
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telephone numbers, places of employment, and the names and
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locations of schools and child care facilities of the children
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and grandchildren of the justices of the Supreme Court, district
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court of appeal judges, circuit court judges, county court
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judges, general magistrates, and child support enforcement
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hearing officers be made confidential and exempt from disclosure.
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Release of the information might place such judicial officials,
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and their family members, in danger of physical and emotional
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harm from disgruntled criminal defendants or litigants.
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Therefore, the harm that would result from the release of the
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information outweighs any public benefit that might result from
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disclosure of the information.
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.