Florida Senate - 2009 SB 2432
By Senator Detert
23-01074C-09 20092432__
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 home addresses, personal
5 e-mail addresses, and telephone numbers of
6 instructional personnel and school administrators, the
7 home addresses, personal e-mail addresses, telephone
8 numbers, and places of employment of the spouses and
9 children of instructional personnel or school
10 administrators, and the names and locations of schools
11 and day care facilities attended by the children of
12 instructional personnel or school administrators;
13 requiring an agency that is the custodian of such
14 personal information to maintain the exempt status of
15 the personal information; providing for legislative
16 review and repeal of the exemption under the Open
17 Government Sunset Review Act; providing a statement of
18 public necessity; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (d) of subsection (4) of section
23 119.071, Florida Statutes, is amended to read:
24 119.071 General exemptions from inspection or copying of
25 public records.—
26 (4) AGENCY PERSONNEL INFORMATION.—
27 (d)1.a. The home addresses, telephone numbers, social
28 security numbers, and photographs of active or former law
29 enforcement personnel, including correctional and correctional
30 probation officers, personnel of the Department of Children and
31 Family Services whose duties include the investigation of abuse,
32 neglect, exploitation, fraud, theft, or other criminal
33 activities, personnel of the Department of Health whose duties
34 are to support the investigation of child abuse or neglect, and
35 personnel of the Department of Revenue or local governments
36 whose responsibilities include revenue collection and
37 enforcement or child support enforcement; the home addresses,
38 telephone numbers, social security numbers, photographs, and
39 places of employment of the spouses and children of such
40 personnel; and the names and locations of schools and day care
41 facilities attended by the children of such personnel are exempt
42 from s. 119.07(1). The home addresses, telephone numbers, and
43 photographs of firefighters certified in compliance with s.
44 633.35; the home addresses, telephone numbers, photographs, and
45 places of employment of the spouses and children of such
46 firefighters; and the names and locations of schools and day
47 care facilities attended by the children of such firefighters
48 are exempt from s. 119.07(1). The home addresses and telephone
49 numbers of justices of the Supreme Court, district court of
50 appeal judges, circuit court judges, and county court judges;
51 the home addresses, telephone numbers, and places of employment
52 of the spouses and children of justices and judges; and the
53 names and locations of schools and day care facilities attended
54 by the children of justices and judges are exempt from s.
55 119.07(1). The home addresses, telephone numbers, social
56 security numbers, and photographs of current or former state
57 attorneys, assistant state attorneys, statewide prosecutors, or
58 assistant statewide prosecutors; the home addresses, telephone
59 numbers, social security numbers, photographs, and places of
60 employment of the spouses and children of current or former
61 state attorneys, assistant state attorneys, statewide
62 prosecutors, or assistant statewide prosecutors; and the names
63 and locations of schools and day care facilities attended by the
64 children of current or former state attorneys, assistant state
65 attorneys, statewide prosecutors, or assistant statewide
66 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
67 the State Constitution.
68 b. The home addresses and telephone numbers of general
69 magistrates, special magistrates, judges of compensation claims,
70 administrative law judges of the Division of Administrative
71 Hearings, and child support enforcement hearing officers; the
72 home addresses, telephone numbers, and places of employment of
73 the spouses and children of general magistrates, special
74 magistrates, judges of compensation claims, administrative law
75 judges of the Division of Administrative Hearings, and child
76 support enforcement hearing officers; and the names and
77 locations of schools and day care facilities attended by the
78 children of general magistrates, special magistrates, judges of
79 compensation claims, administrative law judges of the Division
80 of Administrative Hearings, and child support enforcement
81 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
82 I of the State Constitution if the general magistrate, special
83 magistrate, judge of compensation claims, administrative law
84 judge of the Division of Administrative Hearings, or child
85 support hearing officer provides a written statement that the
86 general magistrate, special magistrate, judge of compensation
87 claims, administrative law judge of the Division of
88 Administrative Hearings, or child support hearing officer has
89 made reasonable efforts to protect such information from being
90 accessible through other means available to the public. This
91 sub-subparagraph is subject to the Open Government Sunset Review
92 Act in accordance with s. 119.15, and shall stand repealed on
93 October 2, 2013, unless reviewed and saved from repeal through
94 reenactment by the Legislature.
95 2. The home addresses, telephone numbers, and photographs
96 of current or former human resource, labor relations, or
97 employee relations directors, assistant directors, managers, or
98 assistant managers of any local government agency or water
99 management district whose duties include hiring and firing
100 employees, labor contract negotiation, administration, or other
101 personnel-related duties; the names, home addresses, telephone
102 numbers, and places of employment of the spouses and children of
103 such personnel; and the names and locations of schools and day
104 care facilities attended by the children of such personnel are
105 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
106 Constitution.
107 3. The home addresses, telephone numbers, social security
108 numbers, and photographs of current or former United States
109 attorneys and assistant United States attorneys; the home
110 addresses, telephone numbers, social security numbers,
111 photographs, and places of employment of the spouses and
112 children of current or former United States attorneys and
113 assistant United States attorneys; and the names and locations
114 of schools and day care facilities attended by the children of
115 current or former United States attorneys and assistant United
116 States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
117 I of the State Constitution. This subparagraph is subject to the
118 Open Government Sunset Review Act in accordance with s. 119.15
119 and shall stand repealed on October 2, 2009, unless reviewed and
120 saved from repeal through reenactment by the Legislature.
121 4. The home addresses, telephone numbers, social security
122 numbers, and photographs of current or former judges of United
123 States Courts of Appeal, United States district judges, and
124 United States magistrate judges; the home addresses, telephone
125 numbers, social security numbers, photographs, and places of
126 employment of the spouses and children of current or former
127 judges of United States Courts of Appeal, United States district
128 judges, and United States magistrate judges; and the names and
129 locations of schools and day care facilities attended by the
130 children of current or former judges of United States Courts of
131 Appeal, United States district judges, and United States
132 magistrate judges are exempt from s. 119.07(1) and s. 24(a),
133 Art. I of the State Constitution. This subparagraph is subject
134 to the Open Government Sunset Review Act in accordance with s.
135 119.15 and shall stand repealed on October 2, 2009, unless
136 reviewed and saved from repeal through reenactment by the
137 Legislature.
138 5. The home addresses, telephone numbers, and photographs
139 of current or former code enforcement officers; the names, home
140 addresses, telephone numbers, and places of employment of the
141 spouses and children of such personnel; and the names and
142 locations of schools and day care facilities attended by the
143 children of such personnel are exempt from s. 119.07(1) and s.
144 24(a), Art. I of the State Constitution.
145 6. The home addresses, telephone numbers, places of
146 employment, and photographs of current or former guardians ad
147 litem, as defined in s. 39.820, and the names, home addresses,
148 telephone numbers, and places of employment of the spouses and
149 children of such persons, are exempt from s. 119.07(1) and s.
150 24(a), Art. I of the State Constitution, if the guardian ad
151 litem provides a written statement that the guardian ad litem
152 has made reasonable efforts to protect such information from
153 being accessible through other means available to the public.
154 This subparagraph is subject to the Open Government Sunset
155 Review Act in accordance with s. 119.15 and shall stand repealed
156 on October 2, 2010, unless reviewed and saved from repeal
157 through reenactment by the Legislature.
158 7. The home addresses, telephone numbers, and photographs
159 of current or former juvenile probation officers, juvenile
160 probation supervisors, detention superintendents, assistant
161 detention superintendents, senior juvenile detention officers,
162 juvenile detention officer supervisors, juvenile detention
163 officers, house parents I and II, house parent supervisors,
164 group treatment leaders, group treatment leader supervisors,
165 rehabilitation therapists, and social services counselors of the
166 Department of Juvenile Justice; the names, home addresses,
167 telephone numbers, and places of employment of spouses and
168 children of such personnel; and the names and locations of
169 schools and day care facilities attended by the children of such
170 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
171 the State Constitution. This subparagraph is subject to the Open
172 Government Sunset Review Act in accordance with s. 119.15 and
173 shall stand repealed on October 2, 2011, unless reviewed and
174 saved from repeal through reenactment by the Legislature.
175 8. The home addresses, personal e-mail addresses, and
176 telephone numbers of instructional personnel and school
177 administrators, as defined in s. 1012.01; the home addresses,
178 personal e-mail addresses, telephone numbers, and places of
179 employment of the spouses and children of instructional
180 personnel or school administrators; and the names and locations
181 of schools and day care facilities attended by the children of
182 instructional personnel or school administrators are exempt from
183 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
184 This subparagraph is subject to the Open Government Sunset
185 Review Act in accordance with s. 119.15, and shall stand
186 repealed on October 2, 2014, unless reviewed and saved from
187 repeal through reenactment by the Legislature.
188 9.8. An agency that is the custodian of the personal
189 information specified in subparagraph 1., subparagraph 2.,
190 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
191 6., or subparagraph 7. and that is not the employer of the
192 officer, employee, justice, judge, or other person specified in
193 subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
194 4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
195 maintain the exempt status of the personal information only if
196 the officer, employee, justice, judge, other person, or
197 employing agency of the designated employee submits a written
198 request for maintenance of the exemption to the custodial
199 agency. An agency that is the custodian of the personal
200 information specified in subparagraph 8. and that is not the
201 employer of the instructional personnel or school administrator
202 shall maintain the exempt status of the personal information.
203 Section 2. The Legislature finds that it is a public
204 necessity that the home addresses, personal e-mail addresses,
205 and telephone numbers of instructional personnel, as defined in
206 s. 1012.01, Florida Statutes, and school administrators, as
207 defined in s. 1012.01, Florida Statutes, be made exempt from
208 public-records requirements. The Legislature also finds that it
209 is a public necessity that the home addresses, personal e-mail
210 addresses, telephone numbers, and places of employment of the
211 spouses and children of instructional personnel or school
212 administrators be made exempt from public-records requirements.
213 The Legislature also finds that it is a public necessity that
214 the names and locations of schools and day care facilities
215 attended by the children of instructional personnel or school
216 administrators be made exempt from public-records requirements.
217 The Legislature also finds that it is a public necessity that an
218 agency that is the custodian of this personal information and
219 that is not the employer of the instructional personnel or
220 school administrator maintain the exempt status of the personal
221 information. Release of such identifying and location
222 information might place instructional personnel and school
223 administrators and their family members in danger of physical
224 and emotional harm or harassment from disgruntled students,
225 parents, or individuals seeking to harm or harass instructional
226 personnel and school administrators and their family members.
227 Therefore, the harm that might result from the release of the
228 information outweighs any public benefit that could be derived
229 from disclosure of the information.
230 Section 3. This act shall take effect July 1, 2009.