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.