HB 7037

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

CODING: Words stricken are deletions; words underlined are additions.