Florida Senate - 2009                                    SB 1488
       
       
       
       By Senator Lawson
       
       
       
       
       6-00829-09                                            20091488__
    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 cellular telephone
    5         numbers and telephone records of all telephone numbers
    6         of active and former law enforcement personnel and
    7         investigative personnel of certain state agencies and
    8         local governments; providing for future legislative
    9         review and repeal of the exemption under the Open
   10         Government Sunset Review Act; providing a statement of
   11         public 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, including
   21  cellular telephone numbers not otherwise disclosed by the law
   22  enforcement agency, telephone records for all telephone numbers,
   23  social security numbers, and photographs of active or former law
   24  enforcement personnel, including correctional and correctional
   25  probation officers, personnel of the Department of Children and
   26  Family Services whose duties include the investigation of abuse,
   27  neglect, exploitation, fraud, theft, or other criminal
   28  activities, personnel of the Department of Health whose duties
   29  are to support the investigation of child abuse or neglect, and
   30  personnel of the Department of Revenue or local governments
   31  whose responsibilities include revenue collection and
   32  enforcement or child support enforcement; the home addresses,
   33  telephone numbers, social security numbers, photographs, and
   34  places of employment of the spouses and children of such
   35  personnel; and the names and locations of schools and day care
   36  facilities attended by the children of such personnel are exempt
   37  from s. 119.07(1). The home addresses, telephone numbers, and
   38  photographs of firefighters certified in compliance with s.
   39  633.35; the home addresses, telephone numbers, photographs, and
   40  places of employment of the spouses and children of such
   41  firefighters; and the names and locations of schools and day
   42  care facilities attended by the children of such firefighters
   43  are exempt from s. 119.07(1). The home addresses and telephone
   44  numbers of justices of the Supreme Court, district court of
   45  appeal judges, circuit court judges, and county court judges;
   46  the home addresses, telephone numbers, and places of employment
   47  of the spouses and children of justices and judges; and the
   48  names and locations of schools and day care facilities attended
   49  by the children of justices and judges are exempt from s.
   50  119.07(1). The home addresses, telephone numbers, social
   51  security numbers, and photographs of current or former state
   52  attorneys, assistant state attorneys, statewide prosecutors, or
   53  assistant statewide prosecutors; the home addresses, telephone
   54  numbers, social security numbers, photographs, and places of
   55  employment of the spouses and children of current or former
   56  state attorneys, assistant state attorneys, statewide
   57  prosecutors, or assistant statewide prosecutors; and the names
   58  and locations of schools and day care facilities attended by the
   59  children of current or former state attorneys, assistant state
   60  attorneys, statewide prosecutors, or assistant statewide
   61  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
   62  the State Constitution.
   63         b. The home addresses and telephone numbers of general
   64  magistrates, special magistrates, judges of compensation claims,
   65  administrative law judges of the Division of Administrative
   66  Hearings, and child support enforcement hearing officers; the
   67  home addresses, telephone numbers, and places of employment of
   68  the spouses and children of general magistrates, special
   69  magistrates, judges of compensation claims, administrative law
   70  judges of the Division of Administrative Hearings, and child
   71  support enforcement hearing officers; and the names and
   72  locations of schools and day care facilities attended by the
   73  children of general magistrates, special magistrates, judges of
   74  compensation claims, administrative law judges of the Division
   75  of Administrative Hearings, and child support enforcement
   76  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   77  I of the State Constitution if the general magistrate, special
   78  magistrate, judge of compensation claims, administrative law
   79  judge of the Division of Administrative Hearings, or child
   80  support hearing officer provides a written statement that the
   81  general magistrate, special magistrate, judge of compensation
   82  claims, administrative law judge of the Division of
   83  Administrative Hearings, or child support hearing officer has
   84  made reasonable efforts to protect such information from being
   85  accessible through other means available to the public. This
   86  sub-subparagraph is subject to the Open Government Sunset Review
   87  Act in accordance with s. 119.15, and shall stand repealed on
   88  October 2, 2013, unless reviewed and saved from repeal through
   89  reenactment by the Legislature.
   90         2. The home addresses, telephone numbers, and photographs
   91  of current or former human resource, labor relations, or
   92  employee relations directors, assistant directors, managers, or
   93  assistant managers of any local government agency or water
   94  management district whose duties include hiring and firing
   95  employees, labor contract negotiation, administration, or other
   96  personnel-related duties; the names, home addresses, telephone
   97  numbers, and places of employment of the spouses and children of
   98  such personnel; and the names and locations of schools and day
   99  care facilities attended by the children of such personnel are
  100  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  101  Constitution.
  102         3. The home addresses, telephone numbers, social security
  103  numbers, and photographs of current or former United States
  104  attorneys and assistant United States attorneys; the home
  105  addresses, telephone numbers, social security numbers,
  106  photographs, and places of employment of the spouses and
  107  children of current or former United States attorneys and
  108  assistant United States attorneys; and the names and locations
  109  of schools and day care facilities attended by the children of
  110  current or former United States attorneys and assistant United
  111  States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
  112  I of the State Constitution. This subparagraph is subject to the
  113  Open Government Sunset Review Act in accordance with s. 119.15
  114  and shall stand repealed on October 2, 2009, unless reviewed and
  115  saved from repeal through reenactment by the Legislature.
  116         4. The home addresses, telephone numbers, social security
  117  numbers, and photographs of current or former judges of United
  118  States Courts of Appeal, United States district judges, and
  119  United States magistrate judges; the home addresses, telephone
  120  numbers, social security numbers, photographs, and places of
  121  employment of the spouses and children of current or former
  122  judges of United States Courts of Appeal, United States district
  123  judges, and United States magistrate judges; and the names and
  124  locations of schools and day care facilities attended by the
  125  children of current or former judges of United States Courts of
  126  Appeal, United States district judges, and United States
  127  magistrate judges are exempt from s. 119.07(1) and s. 24(a),
  128  Art. I of the State Constitution. This subparagraph is subject
  129  to the Open Government Sunset Review Act in accordance with s.
  130  119.15 and shall stand repealed on October 2, 2009, unless
  131  reviewed and saved from repeal through reenactment by the
  132  Legislature.
  133         5. The home addresses, telephone numbers, and photographs
  134  of current or former code enforcement officers; the names, home
  135  addresses, telephone numbers, and places of employment of the
  136  spouses and children of such personnel; and the names and
  137  locations of schools and day care facilities attended by the
  138  children of such personnel are exempt from s. 119.07(1) and s.
  139  24(a), Art. I of the State Constitution.
  140         6. The home addresses, telephone numbers, places of
  141  employment, and photographs of current or former guardians ad
  142  litem, as defined in s. 39.820, and the names, home addresses,
  143  telephone numbers, and places of employment of the spouses and
  144  children of such persons, are exempt from s. 119.07(1) and s.
  145  24(a), Art. I of the State Constitution, if the guardian ad
  146  litem provides a written statement that the guardian ad litem
  147  has made reasonable efforts to protect such information from
  148  being accessible through other means available to the public.
  149  This subparagraph is subject to the Open Government Sunset
  150  Review Act in accordance with s. 119.15 and shall stand repealed
  151  on October 2, 2010, unless reviewed and saved from repeal
  152  through reenactment by the Legislature.
  153         7. The home addresses, telephone numbers, and photographs
  154  of current or former juvenile probation officers, juvenile
  155  probation supervisors, detention superintendents, assistant
  156  detention superintendents, senior juvenile detention officers,
  157  juvenile detention officer supervisors, juvenile detention
  158  officers, house parents I and II, house parent supervisors,
  159  group treatment leaders, group treatment leader supervisors,
  160  rehabilitation therapists, and social services counselors of the
  161  Department of Juvenile Justice; the names, home addresses,
  162  telephone numbers, and places of employment of spouses and
  163  children of such personnel; and the names and locations of
  164  schools and day care facilities attended by the children of such
  165  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  166  the State Constitution. This subparagraph is subject to the Open
  167  Government Sunset Review Act in accordance with s. 119.15 and
  168  shall stand repealed on October 2, 2011, unless reviewed and
  169  saved from repeal through reenactment by the Legislature.
  170         8. An agency that is the custodian of the personal
  171  information specified in subparagraph 1., subparagraph 2.,
  172  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
  173  6., or subparagraph 7. and that is not the employer of the
  174  officer, employee, justice, judge, or other person specified in
  175  subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
  176  4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
  177  maintain the exempt status of the personal information only if
  178  the officer, employee, justice, judge, other person, or
  179  employing agency of the designated employee submits a written
  180  request for maintenance of the exemption to the custodial
  181  agency.
  182         Section 2. Section 119.071(4)(d)1.a., Florida Statutes, is
  183  subject to the Open Government Sunset Review Act in accordance
  184  with s. 119.15, Florida Statutes, and shall stand repealed on
  185  October 2, 2014, unless reviewed and saved from repeal through
  186  reenactment by the Legislature.
  187         Section 3. The Legislature finds that it is a public
  188  necessity that the cellular telephone numbers and the telephone
  189  records of former and active law enforcement personnel,
  190  correctional and correctional probation officers, investigative
  191  personnel of the Department of Children and Family Services and
  192  the Department of Health, and personnel of the Department of
  193  Revenue and local governments involved in revenue collection and
  194  child-support enforcement be made exempt from public-records
  195  requirements. Release of such identifying information might
  196  place such personnel and their family members in danger of
  197  physical and emotional harm from disgruntled criminal defendants
  198  or litigants. Moreover, telephone records would reveal
  199  identifying information of persons, such as crime victims,
  200  confidential informants, child abuse victims, and victims of
  201  sexual violence, whose identities are normally protected. The
  202  exposure of this information would not only compromise a
  203  criminal trial or investigation, it would also place crime
  204  victims and confidential informants and their families in
  205  danger. Therefore, the harm that might result from the release
  206  of the information outweighs any public benefit that could be
  207  derived from disclosure of the information. Thus, the
  208  Legislature finds that it is a public necessity to make
  209  confidential and exempt from public-records requirements
  210  cellular phone numbers and telephone records for all telephone
  211  numbers of former and active law enforcement personnel,
  212  correctional and correctional probation officers, investigative
  213  personnel of the Department of Children and Family Services and
  214  the Department of Health, and personnel of the Department of
  215  Revenue and local governments involved in revenue collection and
  216  child-support enforcement.
  217         Section 4. This act shall take effect July 1, 2009.