CS/HB 965

1	A bill to be entitled
2	An act relating to a public records exemption; amending s.
3	119.071, F.S.; providing an exemption from public records
4	requirements for identification and location information
5	of active or former emergency medical technicians or
6	paramedics certified in compliance with chapter 401 and
7	the spouses and children of such emergency medical
8	technicians and paramedics; providing for future review
9	and repeal of the exemption; providing a statement of
10	public necessity; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (d) of subsection (4) of section
15	119.071, Florida Statutes, is amended to read:
16	119.071  General exemptions from inspection or copying of
17	public records.--
18	(4)  AGENCY PERSONNEL INFORMATION.--
19	(d)1.  The home addresses, telephone numbers, social
20	security numbers, and photographs of active or former law
21	enforcement personnel, including correctional and correctional
22	probation officers, personnel of the Department of Children and
23	Family Services whose duties include the investigation of abuse,
24	neglect, exploitation, fraud, theft, or other criminal
25	activities, personnel of the Department of Health whose duties
26	are to support the investigation of child abuse or neglect, and
27	personnel of the Department of Revenue or local governments
28	whose responsibilities include revenue collection and
29	enforcement or child support enforcement; the home addresses,
30	telephone numbers, social security numbers, photographs, and
31	places of employment of the spouses and children of such
32	personnel; and the names and locations of schools and day care
33	facilities attended by the children of such personnel are exempt
34	from s. 119.07(1). The home addresses, telephone numbers, and
35	photographs of firefighters certified in compliance with s.
36	633.35; the home addresses, telephone numbers, photographs, and
37	places of employment of the spouses and children of such
38	firefighters; and the names and locations of schools and day
39	care facilities attended by the children of such firefighters
40	are exempt from s. 119.07(1). The home addresses and telephone
41	numbers of justices of the Supreme Court, district court of
42	appeal judges, circuit court judges, and county court judges;
43	the home addresses, telephone numbers, and places of employment
44	of the spouses and children of justices and judges; and the
45	names and locations of schools and day care facilities attended
46	by the children of justices and judges are exempt from s.
47	119.07(1). The home addresses, telephone numbers, social
48	security numbers, and photographs of current or former state
49	attorneys, assistant state attorneys, statewide prosecutors, or
50	assistant statewide prosecutors; the home addresses, telephone
51	numbers, social security numbers, photographs, and places of
52	employment of the spouses and children of current or former
53	state attorneys, assistant state attorneys, statewide
54	prosecutors, or assistant statewide prosecutors; and the names
55	and locations of schools and day care facilities attended by the
56	children of current or former state attorneys, assistant state
57	attorneys, statewide prosecutors, or assistant statewide
58	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
59	the State Constitution.
60	2.  The home addresses, telephone numbers, and photographs
61	of current or former human resource, labor relations, or
62	employee relations directors, assistant directors, managers, or
63	assistant managers of any local government agency or water
64	management district whose duties include hiring and firing
65	employees, labor contract negotiation, administration, or other
66	personnel-related duties; the names, home addresses, telephone
67	numbers, and places of employment of the spouses and children of
68	such personnel; and the names and locations of schools and day
69	care facilities attended by the children of such personnel are
70	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
71	Constitution.
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.  The home addresses, telephone numbers, and photographs
141	of active or former emergency medical technicians or paramedics
142	certified in compliance with chapter 401; the names, home
143	addresses, telephone numbers, and places of employment of the
144	spouses and children of such emergency medical technicians and
145	paramedics; and the names and locations of schools and day care
146	facilities attended by children of such emergency medical
147	technicians and paramedics are exempt from s. 119.07(1) and s.
148	24(a), Art. I of the State Constitution. This subparagraph is
149	subject to the Open Government Sunset Review Act in accordance
150	with s. 119.15 and shall stand repealed on October 2, 2013,
151	unless reviewed and saved from repeal through reenactment by the
152	Legislature.
153	9.8.  An agency that is the custodian of the personal
154	information specified in subparagraph 1., subparagraph 2.,
155	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
156	6., or subparagraph 7., or subparagraph 8. and that is not the
157	employer of the officer, employee, justice, judge, or other
158	person specified in subparagraph 1., subparagraph 2.,
159	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
160	6., or subparagraph 7., or subparagraph 8. shall maintain the
161	exempt status of the personal information only if the officer,
162	employee, justice, judge, other person, or employing agency of
163	the designated employee submits a written request for
164	maintenance of the exemption to the custodial agency.
165	Section 2.  The Legislature finds that the exemption from
166	public records requirements provided for by this act for the
167	home addresses, telephone numbers, and photographs of active or
168	former emergency medical technicians or paramedics certified in
169	compliance with chapter 401, Florida Statutes, the names, home
170	addresses, telephone numbers, and places of employment of the
171	spouses and children of such emergency medical technicians and
172	paramedics, and the names and locations of schools and day care
173	facilities attended by children of such emergency medical
174	technicians and paramedics is a public necessity. This exemption
175	is justified because if such information were not exempt, an
176	emergency medical technician or paramedic or a member or members
177	of his or her family could be harmed or threatened with harm by
178	an individual, or a family member of such individual, who was
179	provided emergency medical care which resulted in a negative
180	outcome. The exemption is further justified because emergency
181	medical technicians and paramedics are subject to the same
182	exposure as law enforcement officers and firefighters, both of
183	which are protected by an exemption from public records
184	requirements for personal identifying and location information
185	pertaining to the law enforcement officers, firefighters, and
186	their families.
187	Section 3.  This act shall take effect July 1, 2008.

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