ENROLLED

2008 LegislatureCS for CS for SB 766

2008766er

1

2

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

3

F.S.; creating exemptions from public-records requirements

4

for the home addresses and telephone numbers of general

5

magistrates, special magistrates, judges of compensation

6

claims, administrative law judges of the Division of

7

Administrative Hearings, and child support enforcement

8

hearing officers, the home addresses, telephone numbers,

9

and places of employment of the spouses and children of

10

general magistrates, special magistrates, judges of

11

compensation claims, administrative law judges of the

12

Division of Administrative Hearings, and child support

13

enforcement hearing officers, and the names and locations

14

of schools and day care facilities attended by the

15

children of general magistrates, special magistrates,

16

judges of compensation claims, administrative law judges

17

of the Division of Administrative Hearings, and child

18

support enforcement hearing officers; requiring reasonable

19

efforts by the magistrates, judges, and hearing officers

20

to prevent access through other means; providing for

21

legislative review and repeal of the exemptions; providing

22

a statement of public necessity; providing an effective

23

date.

24

25

Be It Enacted by the Legislature of the State of Florida:

26

27

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

28

119.071, Florida Statutes, is amended to read:

29

     119.071  General exemptions from inspection or copying of

30

public records.--

31

     (4)  AGENCY PERSONNEL INFORMATION.--

32

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

33

security numbers, and photographs of active or former law

34

enforcement personnel, including correctional and correctional

35

probation officers, personnel of the Department of Children and

36

Family Services whose duties include the investigation of abuse,

37

neglect, exploitation, fraud, theft, or other criminal

38

activities, personnel of the Department of Health whose duties

39

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

40

personnel of the Department of Revenue or local governments whose

41

responsibilities include revenue collection and enforcement or

42

child support enforcement; the home addresses, telephone numbers,

43

social security numbers, photographs, and places of employment of

44

the spouses and children of such personnel; and the names and

45

locations of schools and day care facilities attended by the

46

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

47

addresses, telephone numbers, and photographs of firefighters

48

certified in compliance with s. 633.35; the home addresses,

49

telephone numbers, photographs, and places of employment of the

50

spouses and children of such firefighters; and the names and

51

locations of schools and day care facilities attended by the

52

children of such firefighters are exempt from s. 119.07(1). The

53

home addresses and telephone numbers of justices of the Supreme

54

Court, district court of appeal judges, circuit court judges, and

55

county court judges; the home addresses, telephone numbers, and

56

places of employment of the spouses and children of justices and

57

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

58

facilities attended by the children of justices and judges are

59

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

60

social security numbers, and photographs of current or former

61

state attorneys, assistant state attorneys, statewide

62

prosecutors, or assistant statewide prosecutors; the home

63

addresses, telephone numbers, social security numbers,

64

photographs, and places of employment of the spouses and children

65

of current or former state attorneys, assistant state attorneys,

66

statewide prosecutors, or assistant statewide prosecutors; and

67

the names and locations of schools and day care facilities

68

attended by the children of current or former state attorneys,

69

assistant state attorneys, statewide prosecutors, or assistant

70

statewide prosecutors are exempt from s. 119.07(1) and s. 24(a),

71

Art. I of the State Constitution.

72

     b. The home addresses and telephone numbers of general

73

magistrates, special magistrates, judges of compensation claims,

74

administrative law judges of the Division of Administrative

75

Hearings, and child support enforcement hearing officers; the

76

home addresses, telephone numbers, and places of employment of

77

the spouses and children of general magistrates, special

78

magistrates, judges of compensation claims, administrative law

79

judges of the Division of Administrative Hearings, and child

80

support enforcement hearing officers; and the names and locations

81

of schools and day care facilities attended by the children of

82

general magistrates, special magistrates, judges of compensation

83

claims, administrative law judges of the Division of

84

Administrative Hearings, and child support enforcement hearing

85

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

86

State Constitution if the general magistrate, special magistrate,

87

judge of compensation claims, administrative law judge of the

88

Division of Administrative Hearings, or child support hearing

89

officer provides a written statement that the general magistrate,

90

special magistrate, judge of compensation claims, administrative

91

law judge of the Division of Administrative Hearings, or child

92

support hearing officer has made reasonable efforts to protect

93

such information from being accessible through other means

94

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

95

Open Government Sunset Review Act in accordance with s. 119.15,

96

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

97

saved from repeal through reenactment by the Legislature.

98

     2.  The home addresses, telephone numbers, and photographs

99

of current or former human resource, labor relations, or employee

100

relations directors, assistant directors, managers, or assistant

101

managers of any local government agency or water management

102

district whose duties include hiring and firing employees, labor

103

contract negotiation, administration, or other personnel-related

104

duties; the names, home addresses, telephone numbers, and places

105

of employment of the spouses and children of such personnel; and

106

the names and locations of schools and day care facilities

107

attended by the children of such personnel are exempt from s.

108

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

109

     3.  The home addresses, telephone numbers, social security

110

numbers, and photographs of current or former United States

111

attorneys and assistant United States attorneys; the home

112

addresses, telephone numbers, social security numbers,

113

photographs, and places of employment of the spouses and children

114

of current or former United States attorneys and assistant United

115

States attorneys; and the names and locations of schools and day

116

care facilities attended by the children of current or former

117

United States attorneys and assistant United States attorneys are

118

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

119

Constitution. This subparagraph is subject to the Open Government

120

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

121

repealed on October 2, 2009, unless reviewed and saved from

122

repeal through reenactment by the Legislature.

123

     4.  The home addresses, telephone numbers, social security

124

numbers, and photographs of current or former judges of United

125

States Courts of Appeal, United States district judges, and

126

United States magistrate judges; the home addresses, telephone

127

numbers, social security numbers, photographs, and places of

128

employment of the spouses and children of current or former

129

judges of United States Courts of Appeal, United States district

130

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

131

locations of schools and day care facilities attended by the

132

children of current or former judges of United States Courts of

133

Appeal, United States district judges, and United States

134

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

135

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

136

Open Government Sunset Review Act in accordance with s. 119.15

137

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

138

saved from repeal through reenactment by the Legislature.

139

     5.  The home addresses, telephone numbers, and photographs

140

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

141

addresses, telephone numbers, and places of employment of the

142

spouses and children of such personnel; and the names and

143

locations of schools and day care facilities attended by the

144

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

145

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

146

     6.  The home addresses, telephone numbers, places of

147

employment, and photographs of current or former guardians ad

148

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

149

telephone numbers, and places of employment of the spouses and

150

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

151

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

152

provides a written statement that the guardian ad litem has made

153

reasonable efforts to protect such information from being

154

accessible through other means available to the public. This

155

subparagraph is subject to the Open Government Sunset Review Act

156

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

157

2, 2010, unless reviewed and saved from repeal through

158

reenactment by the Legislature.

159

     7.  The home addresses, telephone numbers, and photographs

160

of current or former juvenile probation officers, juvenile

161

probation supervisors, detention superintendents, assistant

162

detention superintendents, senior juvenile detention officers,

163

juvenile detention officer supervisors, juvenile detention

164

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

165

treatment leaders, group treatment leader supervisors,

166

rehabilitation therapists, and social services counselors of the

167

Department of Juvenile Justice; the names, home addresses,

168

telephone numbers, and places of employment of spouses and

169

children of such personnel; and the names and locations of

170

schools and day care facilities attended by the children of such

171

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

172

the State Constitution. This subparagraph is subject to the Open

173

Government Sunset Review Act in accordance with s. 119.15 and

174

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

175

saved from repeal through reenactment by the Legislature.

176

     8.  An agency that is the custodian of the personal

177

information specified in subparagraph 1., subparagraph 2.,

178

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

179

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

180

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

181

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

182

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

183

maintain the exempt status of the personal information only if

184

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

185

agency of the designated employee submits a written request for

186

maintenance of the exemption to the custodial agency.

187

     Section 2. The Legislature finds that it is a public

188

necessity that the home addresses and telephone numbers of

189

general magistrates, special magistrates, judges of compensation

190

claims, administrative law judges of the Division of

191

Administrative Hearings, and child support enforcement hearing

192

officers be made exempt from public-records requirements. The

193

Legislature also finds that it is a public necessity that the

194

home addresses, telephone numbers, and places of employment of

195

the spouses and children of general magistrates, special

196

magistrates, judges of compensation claims, administrative law

197

judges of the Division of Administrative Hearings, and child

198

support enforcement hearing officers be made exempt from public-

199

records requirements. The Legislature also finds that it is a

200

public necessity that the names and locations of schools and day

201

care facilities attended by the children of general magistrates,

202

special magistrates, judges of compensation claims,

203

administrative law judges of the Division of Administrative

204

Hearings, and child support enforcement hearing officers be made

205

exempt from public-records requirements. The Legislature finds

206

that these exemptions shall be subject to the general magistrate,

207

special magistrate, judge of compensation claims, administrative

208

law judge of the Division of Administrative Hearings, or child

209

support hearing officer providing a written statement that the

210

general magistrate, special magistrate, judge of compensation

211

claims, administrative law judge of the Division of

212

Administrative Hearings, or child support hearing officer has

213

made reasonable efforts to protect such information from being

214

accessible through other means available to the public. Release

215

of such identifying and location information might place such

216

officials and their family members in danger of physical and

217

emotional harm from disgruntled criminal defendants or litigants.

218

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

219

information outweighs any public benefit that could be derived

220

from disclosure of the information.

221

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

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