Florida Senate - 2009 SB 1218
By Senator Bennett
21-00848-09 20091218__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating an exemption from public
4 records requirements for the identifying and location
5 information of current or former investigators and
6 inspectors of the Department of Business and
7 Professional Regulation and the spouses and children
8 of such personnel; providing for future review and
9 repeal of the exemption under the Open Government
10 Sunset Review Act; providing a statement of public
11 necessity; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (d) of subsection (4) of section
16 119.071, Florida Statutes, is amended to read:
17 119.071 General exemptions from inspection or copying of
18 public records.—
19 (4) AGENCY PERSONNEL INFORMATION.—
20 (d)1.a. The home addresses, telephone numbers, social
21 security numbers, and photographs of active or former law
22 enforcement personnel, including correctional and correctional
23 probation officers, personnel of the Department of Children and
24 Family Services whose duties include the investigation of abuse,
25 neglect, exploitation, fraud, theft, or other criminal
26 activities, personnel of the Department of Health whose duties
27 are to support the investigation of child abuse or neglect, and
28 personnel of the Department of Revenue or local governments
29 whose responsibilities include revenue collection and
30 enforcement or child support enforcement; the home addresses,
31 telephone numbers, social security numbers, photographs, and
32 places of employment of the spouses and children of such
33 personnel; and the names and locations of schools and day care
34 facilities attended by the children of such personnel are exempt
35 from s. 119.07(1). The home addresses, telephone numbers, and
36 photographs of firefighters certified in compliance with s.
37 633.35; the home addresses, telephone numbers, photographs, and
38 places of employment of the spouses and children of such
39 firefighters; and the names and locations of schools and day
40 care facilities attended by the children of such firefighters
41 are exempt from s. 119.07(1). The home addresses and telephone
42 numbers of justices of the Supreme Court, district court of
43 appeal judges, circuit court judges, and county court judges;
44 the home addresses, telephone numbers, and places of employment
45 of the spouses and children of justices and judges; and the
46 names and locations of schools and day care facilities attended
47 by the children of justices and judges are exempt from s.
48 119.07(1). The home addresses, telephone numbers, social
49 security numbers, and photographs of current or former state
50 attorneys, assistant state attorneys, statewide prosecutors, or
51 assistant statewide prosecutors; the home addresses, telephone
52 numbers, social security numbers, photographs, and places of
53 employment of the spouses and children of current or former
54 state attorneys, assistant state attorneys, statewide
55 prosecutors, or assistant statewide prosecutors; and the names
56 and locations of schools and day care facilities attended by the
57 children of current or former state attorneys, assistant state
58 attorneys, statewide prosecutors, or assistant statewide
59 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
60 the State Constitution.
61 b. The home addresses and telephone numbers of general
62 magistrates, special magistrates, judges of compensation claims,
63 administrative law judges of the Division of Administrative
64 Hearings, and child support enforcement hearing officers; the
65 home addresses, telephone numbers, and places of employment of
66 the spouses and children of general magistrates, special
67 magistrates, judges of compensation claims, administrative law
68 judges of the Division of Administrative Hearings, and child
69 support enforcement hearing officers; and the names and
70 locations of schools and day care facilities attended by the
71 children of general magistrates, special magistrates, judges of
72 compensation claims, administrative law judges of the Division
73 of Administrative Hearings, and child support enforcement
74 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
75 I of the State Constitution if the general magistrate, special
76 magistrate, judge of compensation claims, administrative law
77 judge of the Division of Administrative Hearings, or child
78 support hearing officer provides a written statement that the
79 general magistrate, special magistrate, judge of compensation
80 claims, administrative law judge of the Division of
81 Administrative Hearings, or child support hearing officer has
82 made reasonable efforts to protect such information from being
83 accessible through other means available to the public. This
84 sub-subparagraph is subject to the Open Government Sunset Review
85 Act in accordance with s. 119.15, and shall stand repealed on
86 October 2, 2013, unless reviewed and saved from repeal through
87 reenactment by the Legislature.
88 2. The home addresses, telephone numbers, and photographs
89 of current or former human resource, labor relations, or
90 employee relations directors, assistant directors, managers, or
91 assistant managers of any local government agency or water
92 management district whose duties include hiring and firing
93 employees, labor contract negotiation, administration, or other
94 personnel-related duties; the names, home addresses, telephone
95 numbers, and places of employment of the spouses and children of
96 such personnel; and the names and locations of schools and day
97 care facilities attended by the children of such personnel are
98 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
99 Constitution.
100 3. The home addresses, telephone numbers, social security
101 numbers, and photographs of current or former United States
102 attorneys and assistant United States attorneys; the home
103 addresses, telephone numbers, social security numbers,
104 photographs, and places of employment of the spouses and
105 children of current or former United States attorneys and
106 assistant United States attorneys; and the names and locations
107 of schools and day care facilities attended by the children of
108 current or former United States attorneys and assistant United
109 States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
110 I of the State Constitution. This subparagraph is subject to the
111 Open Government Sunset Review Act in accordance with s. 119.15
112 and shall stand repealed on October 2, 2009, unless reviewed and
113 saved from repeal through reenactment by the Legislature.
114 4. The home addresses, telephone numbers, social security
115 numbers, and photographs of current or former judges of United
116 States Courts of Appeal, United States district judges, and
117 United States magistrate judges; the home addresses, telephone
118 numbers, social security numbers, photographs, and places of
119 employment of the spouses and children of current or former
120 judges of United States Courts of Appeal, United States district
121 judges, and United States magistrate judges; and the names and
122 locations of schools and day care facilities attended by the
123 children of current or former judges of United States Courts of
124 Appeal, United States district judges, and United States
125 magistrate judges are exempt from s. 119.07(1) and s. 24(a),
126 Art. I of the State Constitution. This subparagraph is subject
127 to the Open Government Sunset Review Act in accordance with s.
128 119.15 and shall stand repealed on October 2, 2009, unless
129 reviewed and saved from repeal through reenactment by the
130 Legislature.
131 5. The home addresses, telephone numbers, and photographs
132 of current or former code enforcement officers; the names, home
133 addresses, telephone numbers, and places of employment of the
134 spouses and children of such personnel; and the names and
135 locations of schools and day care facilities attended by the
136 children of such personnel are exempt from s. 119.07(1) and s.
137 24(a), Art. I of the State Constitution.
138 6. The home addresses, telephone numbers, places of
139 employment, and photographs of current or former guardians ad
140 litem, as defined in s. 39.820, and the names, home addresses,
141 telephone numbers, and places of employment of the spouses and
142 children of such persons, are exempt from s. 119.07(1) and s.
143 24(a), Art. I of the State Constitution, if the guardian ad
144 litem provides a written statement that the guardian ad litem
145 has made reasonable efforts to protect such information from
146 being accessible through other means available to the public.
147 This subparagraph is subject to the Open Government Sunset
148 Review Act in accordance with s. 119.15 and shall stand repealed
149 on October 2, 2010, unless reviewed and saved from repeal
150 through reenactment by the Legislature.
151 7. The home addresses, telephone numbers, and photographs
152 of current or former juvenile probation officers, juvenile
153 probation supervisors, detention superintendents, assistant
154 detention superintendents, senior juvenile detention officers,
155 juvenile detention officer supervisors, juvenile detention
156 officers, house parents I and II, house parent supervisors,
157 group treatment leaders, group treatment leader supervisors,
158 rehabilitation therapists, and social services counselors of the
159 Department of Juvenile Justice; the names, home addresses,
160 telephone numbers, and places of employment of spouses and
161 children of such personnel; and the names and locations of
162 schools and day care facilities attended by the children of such
163 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
164 the State Constitution. This subparagraph is subject to the Open
165 Government Sunset Review Act in accordance with s. 119.15 and
166 shall stand repealed on October 2, 2011, unless reviewed and
167 saved from repeal through reenactment by the Legislature.
168 8. The home addresses, telephone numbers, and photographs
169 of current or former investigators and inspectors of the
170 Department of Business and Professional Regulation; the names,
171 home addresses, telephone numbers, and places of employment of
172 the spouses and children of such personnel; and the names and
173 locations of schools and day care facilities attended by the
174 children of such personnel are exempt from s. 119.07(1) and s.
175 24(a), Art. I of the State Constitution. This subparagraph is
176 subject to the Open Government Sunset Review Act in accordance
177 with s. 119.15, and shall stand repealed on October 2, 2014,
178 unless reviewed and saved from repeal through reenactment by the
179 Legislature.
180 9.8. An agency that is the custodian of the personal
181 information specified in subparagraph 1., subparagraph 2.,
182 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
183 6., or subparagraph 7., or subparagraph 8. and that is not the
184 employer of the officer, employee, justice, judge, or other
185 person specified in subparagraph 1., subparagraph 2.,
186 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
187 6., or subparagraph 7., or subparagraph 8. shall maintain the
188 exempt status of the personal information only if the officer,
189 employee, justice, judge, other person, or employing agency of
190 the designated employee submits a written request for
191 maintenance of the exemption to the custodial agency.
192 Section 2. The Legislature finds that it is a public
193 necessity that the home addresses, telephone numbers, and
194 photographs of current or former investigators and inspectors of
195 the Department of Business and Professional Regulation; the
196 names, home addresses, telephone numbers, and places of
197 employment of spouses and children of such personnel; and the
198 names and locations of schools and day care facilities attended
199 by the children of such personnel be made exempt from public
200 records requirements. This exemption is justified because, if
201 this information were not made exempt from public-records
202 requirements, the investigators, inspectors, or the family
203 members of these investigators or inspectors could be harmed or
204 threatened with harm by a current or former litigant or a person
205 under investigation by the Department of Business and
206 Professional Regulation. Therefore, the harm that might result
207 from the release of the information outweighs any public benefit
208 that could be derived from disclosure of the information.
209 Section 3. This act shall take effect July 1, 2009.