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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, judges of compensation

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claims, administrative law judges of the Division of

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Administrative Hearings, and child support enforcement

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hearing officers, the home addresses, telephone numbers,

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and places of employment of the spouses and children of

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general magistrates, special magistrates, judges of

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compensation claims, administrative law judges of the

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Division of Administrative Hearings, and child support

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enforcement hearing officers, and the names and locations

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of schools and day care facilities attended by the

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children of general magistrates, special magistrates,

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judges of compensation claims, administrative law judges

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of the Division of Administrative Hearings, and child

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support enforcement hearing officers; requiring reasonable

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efforts by the magistrates, judges, and hearing officers

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to prevent access through other means; providing for

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legislative review and repeal of the exemptions; providing

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a statement of public necessity; providing an effective

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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.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 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; the home addresses, telephone numbers, and

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places of employment of the spouses and children of justices and

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

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facilities attended by the children of justices and judges 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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     b. The home addresses and telephone numbers of general

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magistrates, special magistrates, judges of compensation claims,

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administrative law judges of the Division of Administrative

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Hearings, and child support enforcement hearing officers; the

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home addresses, telephone numbers, and places of employment of

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the spouses and children of general magistrates, special

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magistrates, judges of compensation claims, administrative law

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judges of the Division of Administrative Hearings, and child

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support enforcement hearing officers; and the names and locations

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of schools and day care facilities attended by the children of

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general magistrates, special magistrates, judges of compensation

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claims, administrative law judges of the Division of

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Administrative Hearings, and child support enforcement hearing

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

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State Constitution if the general magistrate, special magistrate,

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judge of compensation claims, administrative law judge of the

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Division of Administrative Hearings, or child support hearing

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officer provides a written statement that the general magistrate,

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special magistrate, judge of compensation claims, administrative

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law judge of the Division of Administrative Hearings, or child

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support hearing officer has made reasonable efforts to protect

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such information from being accessible through other means

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available to the public. This sub-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, 2013, unless reviewed and

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saved from repeal through reenactment by the Legislature.

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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 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, judges of compensation

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claims, administrative law judges of the Division of

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Administrative Hearings, and child support enforcement hearing

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officers be made exempt from public-records requirements. The

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Legislature also finds that it is a public necessity that the

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home addresses, telephone numbers, and places of employment of

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the spouses and children of general magistrates, special

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magistrates, judges of compensation claims, administrative law

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judges of the Division of Administrative Hearings, and child

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support enforcement hearing officers 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 of general magistrates,

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special magistrates, judges of compensation claims,

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administrative law judges of the Division of Administrative

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Hearings, and child support enforcement hearing officers be made

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exempt from public-records requirements. The Legislature finds

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that these exemptions shall be subject to the general magistrate,

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special magistrate, judge of compensation claims, administrative

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law judge of the Division of Administrative Hearings, or child

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support hearing officer providing a written statement that the

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general magistrate, special magistrate, judge of compensation

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claims, administrative law judge of the Division of

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Administrative Hearings, or child support hearing officer has

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made reasonable efforts to protect such information from being

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accessible through other means available to the public. Release

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of such identifying and location information might place such

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officials and their family members in danger of physical and

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emotional harm from disgruntled criminal defendants or litigants.

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Therefore, the harm that might result from the release of the

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information outweighs any public benefit that could be derived

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from disclosure of the information.

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