Florida Senate - 2009 SB 1342
By the Committee on Judiciary
590-01974-09 20091342__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.071, F.S., relating
4 to a public-records exemption for identification and
5 location information of certain agency personnel;
6 saving the exemption from repeal under the Open
7 Government Sunset Review Act; deleting provisions
8 providing for repeal of the exemption; relocating and
9 revising the public-records exemption provided for
10 identification and location information concerning
11 federal attorneys, judges, and magistrates; defining
12 the term “identification and location information”;
13 eliminating social security numbers from the scope of
14 information covered by the public-records exemption;
15 requiring a federal attorney, judge, or magistrate to
16 submit a written statement that reasonable efforts
17 have been made to protect the information from
18 disclosure through other means; providing for future
19 legislative review and repeal of the exemption;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (d) of subsection (4) of section
25 119.071, Florida Statutes, is amended, and paragraph (i) is
26 added to subsection (5) of that section, to read:
27 119.071 General exemptions from inspection or copying of
28 public records.—
29 (4) AGENCY PERSONNEL INFORMATION.—
30 (d)1.a. The home addresses, telephone numbers, social
31 security numbers, and photographs of active or former law
32 enforcement personnel, including correctional and correctional
33 probation officers, personnel of the Department of Children and
34 Family Services whose duties include the investigation of abuse,
35 neglect, exploitation, fraud, theft, or other criminal
36 activities, personnel of the Department of Health whose duties
37 are to support the investigation of child abuse or neglect, and
38 personnel of the Department of Revenue or local governments
39 whose responsibilities include revenue collection and
40 enforcement or child support enforcement; the home addresses,
41 telephone numbers, social security numbers, photographs, and
42 places of employment of the spouses and children of such
43 personnel; and the names and locations of schools and day care
44 facilities attended by the children of such personnel are exempt
45 from s. 119.07(1).
46 b. The home addresses, telephone numbers, and photographs
47 of firefighters certified in compliance with s. 633.35; the home
48 addresses, telephone numbers, photographs, and places of
49 employment of the spouses and children of such firefighters; and
50 the names and locations of schools and day care facilities
51 attended by the children of such firefighters are exempt from s.
52 119.07(1).
53 c. The home addresses and telephone numbers of justices of
54 the Supreme Court, district court of appeal judges, circuit
55 court judges, and county court judges; the home addresses,
56 telephone numbers, and places of employment of the spouses and
57 children of justices and judges; and the names and locations of
58 schools and day care facilities attended by the children of
59 justices and judges are exempt from s. 119.07(1).
60 d. The home addresses, telephone numbers, social security
61 numbers, and photographs of current or former state attorneys,
62 assistant state attorneys, statewide prosecutors, or assistant
63 statewide prosecutors; the home addresses, telephone numbers,
64 social security numbers, photographs, and places of employment
65 of the spouses and children of current or former state
66 attorneys, assistant state attorneys, statewide prosecutors, or
67 assistant statewide prosecutors; and the names and locations of
68 schools and day care facilities attended by the children of
69 current or former state attorneys, assistant state attorneys,
70 statewide prosecutors, or assistant statewide prosecutors are
71 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
72 Constitution.
73 e.b. The home addresses and telephone numbers of general
74 magistrates, special magistrates, judges of compensation claims,
75 administrative law judges of the Division of Administrative
76 Hearings, and child support enforcement hearing officers; the
77 home addresses, telephone numbers, and places of employment of
78 the spouses and children of general magistrates, special
79 magistrates, judges of compensation claims, administrative law
80 judges of the Division of Administrative Hearings, and child
81 support enforcement hearing officers; and the names and
82 locations of schools and day care facilities attended by the
83 children of general magistrates, special magistrates, judges of
84 compensation claims, administrative law judges of the Division
85 of Administrative Hearings, and child support enforcement
86 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
87 I of the State Constitution if the general magistrate, special
88 magistrate, judge of compensation claims, administrative law
89 judge of the Division of Administrative Hearings, or child
90 support hearing officer provides a written statement that the
91 general magistrate, special magistrate, judge of compensation
92 claims, administrative law judge of the Division of
93 Administrative Hearings, or child support hearing officer has
94 made reasonable efforts to protect such information from being
95 accessible through other means available to the public. This
96 sub-subparagraph is subject to the Open Government Sunset Review
97 Act in accordance with s. 119.15, and shall stand repealed on
98 October 2, 2013, unless reviewed and saved from repeal through
99 reenactment by the Legislature.
100 f.2. The home addresses, telephone numbers, and photographs
101 of current or former human resource, labor relations, or
102 employee relations directors, assistant directors, managers, or
103 assistant managers of any local government agency or water
104 management district whose duties include hiring and firing
105 employees, labor contract negotiation, administration, or other
106 personnel-related duties; the names, home addresses, telephone
107 numbers, and places of employment of the spouses and children of
108 such personnel; and the names and locations of schools and day
109 care facilities attended by the children of such personnel are
110 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
111 Constitution.
112 3. The home addresses, telephone numbers, social security
113 numbers, and photographs of current or former United States
114 attorneys and assistant United States attorneys; the home
115 addresses, telephone numbers, social security numbers,
116 photographs, and places of employment of the spouses and
117 children of current or former United States attorneys and
118 assistant United States attorneys; and the names and locations
119 of schools and day care facilities attended by the children of
120 current or former United States attorneys and assistant United
121 States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
122 I of the State Constitution. This subparagraph is subject to the
123 Open Government Sunset Review Act in accordance with s. 119.15
124 and shall stand repealed on October 2, 2009, unless reviewed and
125 saved from repeal through reenactment by the Legislature.
126 4. The home addresses, telephone numbers, social security
127 numbers, and photographs of current or former judges of United
128 States Courts of Appeal, United States district judges, and
129 United States magistrate judges; the home addresses, telephone
130 numbers, social security numbers, photographs, and places of
131 employment of the spouses and children of current or former
132 judges of United States Courts of Appeal, United States district
133 judges, and United States magistrate judges; and the names and
134 locations of schools and day care facilities attended by the
135 children of current or former judges of United States Courts of
136 Appeal, United States district judges, and United States
137 magistrate judges are exempt from s. 119.07(1) and s. 24(a),
138 Art. I of the State Constitution. This subparagraph is subject
139 to the Open Government Sunset Review Act in accordance with s.
140 119.15 and shall stand repealed on October 2, 2009, unless
141 reviewed and saved from repeal through reenactment by the
142 Legislature.
143 g.5. The home addresses, telephone numbers, and photographs
144 of current or former code enforcement officers; the names, home
145 addresses, telephone numbers, and places of employment of the
146 spouses and children of such personnel; and the names and
147 locations of schools and day care facilities attended by the
148 children of such personnel are exempt from s. 119.07(1) and s.
149 24(a), Art. I of the State Constitution.
150 h.6. The home addresses, telephone numbers, places of
151 employment, and photographs of current or former guardians ad
152 litem, as defined in s. 39.820, and the names, home addresses,
153 telephone numbers, and places of employment of the spouses and
154 children of such persons, are exempt from s. 119.07(1) and s.
155 24(a), Art. I of the State Constitution, if the guardian ad
156 litem provides a written statement that the guardian ad litem
157 has made reasonable efforts to protect such information from
158 being accessible through other means available to the public.
159 This sub-subparagraph subparagraph is subject to the Open
160 Government Sunset Review Act in accordance with s. 119.15 and
161 shall stand repealed on October 2, 2010, unless reviewed and
162 saved from repeal through reenactment by the Legislature.
163 i.7. The home addresses, telephone numbers, and photographs
164 of current or former juvenile probation officers, juvenile
165 probation supervisors, detention superintendents, assistant
166 detention superintendents, senior juvenile detention officers,
167 juvenile detention officer supervisors, juvenile detention
168 officers, house parents I and II, house parent supervisors,
169 group treatment leaders, group treatment leader supervisors,
170 rehabilitation therapists, and social services counselors of the
171 Department of Juvenile Justice; the names, home addresses,
172 telephone numbers, and places of employment of spouses and
173 children of such personnel; and the names and locations of
174 schools and day care facilities attended by the children of such
175 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
176 the State Constitution. This sub-subparagraph subparagraph is
177 subject to the Open Government Sunset Review Act in accordance
178 with s. 119.15 and shall stand repealed on October 2, 2011,
179 unless reviewed and saved from repeal through reenactment by the
180 Legislature.
181 2.8. An agency that is the custodian of the personal
182 information specified in subparagraph 1., subparagraph 2.,
183 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
184 6., or subparagraph 7. and that is not the employer of the
185 officer, employee, justice, judge, or other person specified in
186 subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
187 4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
188 maintain the exempt status of that the personal information only
189 if the officer, employee, justice, judge, other person, or
190 employing agency of the designated employee submits a written
191 request for maintenance of the exemption to the custodial
192 agency.
193 (5) OTHER PERSONAL INFORMATION.—
194 (i)1. For purposes of this paragraph, “identification and
195 location information” means the:
196 a. Home address, telephone number, and photograph of a
197 current or former United States attorney, assistant United
198 States attorney, judge of the United States Courts of Appeal,
199 United States district judge, or United States magistrate;
200 b. Home address, telephone number, photograph, and place of
201 employment of the spouse or child of such attorney, judge, or
202 magistrate; and
203 c. Name and location of the school or day care facility
204 attended by the child of such attorney, judge, or magistrate.
205 2. Identification and location information held by an
206 agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the
207 State Constitution if such attorney, judge, or magistrate:
208 a. Submits to an agency that has custody of the
209 identification and location information a written request to
210 exempt such information from public disclosure; and
211 b. Submits to the agency a written statement that such
212 attorney, judge, or magistrate has made reasonable efforts to
213 protect such information from being accessible through other
214 means available to the public.
215 3. This paragraph is subject to the Open Government Sunset
216 Review Act in accordance with s. 119.15, and shall stand
217 repealed on October 2, 2014, unless reviewed and saved from
218 repeal through reenactment by the Legislature.
219 Section 2. This act shall take effect October 1, 2009.