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.