HB 817

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; providing an exemption from public records
4	requirements for cellular telephone numbers not otherwise
5	disclosed by an employing law enforcement agency and
6	telephone records for all telephone numbers of specified
7	active or former law enforcement personnel; providing for
8	review and repeal of the exemption; providing a statement
9	of public necessity; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraph (d) of subsection (4) of section
14	119.071, Florida Statutes, is amended to read:
15	119.071  General exemptions from inspection or copying of
16	public records.--
17	(4)  AGENCY PERSONNEL INFORMATION.--
18	(d)1.a.  The home addresses, telephone numbers, cellular
19	telephone numbers not otherwise disclosed by the employing law
20	enforcement agency, telephone records for all telephone numbers,
21	social security numbers, and photographs of active or former law
22	enforcement personnel, including correctional and correctional
23	probation officers, personnel of the Department of Children and
24	Family Services whose duties include the investigation of abuse,
25	neglect, exploitation, fraud, theft, or other criminal
26	activities, personnel of the Department of Health whose duties
27	are to support the investigation of child abuse or neglect, and
28	personnel of the Department of Revenue or local governments
29	whose responsibilities include revenue collection and
30	enforcement or child support enforcement; the home addresses,
31	telephone numbers, social security numbers, photographs, and
32	places of employment of the spouses and children of such
33	personnel; and the names and locations of schools and day care
34	facilities attended by the children of such personnel are exempt
35	from s. 119.07(1). The home addresses, telephone numbers, and
36	photographs of firefighters certified in compliance with s.
37	633.35; the home addresses, telephone numbers, photographs, and
38	places of employment of the spouses and children of such
39	firefighters; and the names and locations of schools and day
40	care facilities attended by the children of such firefighters
41	are exempt from s. 119.07(1). The home addresses and telephone
42	numbers of justices of the Supreme Court, district court of
43	appeal judges, circuit court judges, and county court judges;
44	the home addresses, telephone numbers, and places of employment
45	of the spouses and children of justices and judges; and the
46	names and locations of schools and day care facilities attended
47	by the children of justices and judges are exempt from s.
48	119.07(1). The home addresses, telephone numbers, social
49	security numbers, and photographs of current or former state
50	attorneys, assistant state attorneys, statewide prosecutors, or
51	assistant statewide prosecutors; the home addresses, telephone
52	numbers, social security numbers, photographs, and places of
53	employment of the spouses and children of current or former
54	state attorneys, assistant state attorneys, statewide
55	prosecutors, or assistant statewide prosecutors; and the names
56	and locations of schools and day care facilities attended by the
57	children of current or former state attorneys, assistant state
58	attorneys, statewide prosecutors, or assistant statewide
59	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
60	the State Constitution. This sub-subparagraph is subject to the
61	Open Government Sunset Review Act in accordance with s. 119.15
62	and shall stand repealed on October 2, 2014, unless reviewed and
63	saved from repeal through reenactment by the Legislature.
64	b.  The home addresses and telephone numbers of general
65	magistrates, special magistrates, judges of compensation claims,
66	administrative law judges of the Division of Administrative
67	Hearings, and child support enforcement hearing officers; the
68	home addresses, telephone numbers, and places of employment of
69	the spouses and children of general magistrates, special
70	magistrates, judges of compensation claims, administrative law
71	judges of the Division of Administrative Hearings, and child
72	support enforcement hearing officers; and the names and
73	locations of schools and day care facilities attended by the
74	children of general magistrates, special magistrates, judges of
75	compensation claims, administrative law judges of the Division
76	of Administrative Hearings, and child support enforcement
77	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
78	I of the State Constitution if the general magistrate, special
79	magistrate, judge of compensation claims, administrative law
80	judge of the Division of Administrative Hearings, or child
81	support hearing officer provides a written statement that the
82	general magistrate, special magistrate, judge of compensation
83	claims, administrative law judge of the Division of
84	Administrative Hearings, or child support hearing officer has
85	made reasonable efforts to protect such information from being
86	accessible through other means available to the public. This
87	sub-subparagraph is subject to the Open Government Sunset Review
88	Act in accordance with s. 119.15, and shall stand repealed on
89	October 2, 2013, unless reviewed and saved from repeal through
90	reenactment by the Legislature.
91	2.  The home addresses, telephone numbers, and photographs
92	of current or former human resource, labor relations, or
93	employee relations directors, assistant directors, managers, or
94	assistant managers of any local government agency or water
95	management district whose duties include hiring and firing
96	employees, labor contract negotiation, administration, or other
97	personnel-related duties; the names, home addresses, telephone
98	numbers, and places of employment of the spouses and children of
99	such personnel; and the names and locations of schools and day
100	care facilities attended by the children of such personnel are
101	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
102	Constitution.
103	3.  The home addresses, telephone numbers, social security
104	numbers, and photographs of current or former United States
105	attorneys and assistant United States attorneys; the home
106	addresses, telephone numbers, social security numbers,
107	photographs, and places of employment of the spouses and
108	children of current or former United States attorneys and
109	assistant United States attorneys; and the names and locations
110	of schools and day care facilities attended by the children of
111	current or former United States attorneys and assistant United
112	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
113	I of the State Constitution. This subparagraph is subject to the
114	Open Government Sunset Review Act in accordance with s. 119.15
115	and shall stand repealed on October 2, 2009, unless reviewed and
116	saved from repeal through reenactment by the Legislature.
117	4.  The home addresses, telephone numbers, social security
118	numbers, and photographs of current or former judges of United
119	States Courts of Appeal, United States district judges, and
120	United States magistrate judges; the home addresses, telephone
121	numbers, social security numbers, photographs, and places of
122	employment of the spouses and children of current or former
123	judges of United States Courts of Appeal, United States district
124	judges, and United States magistrate judges; and the names and
125	locations of schools and day care facilities attended by the
126	children of current or former judges of United States Courts of
127	Appeal, United States district judges, and United States
128	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
129	Art. I of the State Constitution. This subparagraph is subject
130	to the Open Government Sunset Review Act in accordance with s.
131	119.15 and shall stand repealed on October 2, 2009, unless
132	reviewed and saved from repeal through reenactment by the
133	Legislature.
134	5.  The home addresses, telephone numbers, and photographs
135	of current or former code enforcement officers; the names, home
136	addresses, telephone numbers, and places of employment of the
137	spouses and children of such personnel; and the names and
138	locations of schools and day care facilities attended by the
139	children of such personnel are exempt from s. 119.07(1) and s.
140	24(a), Art. I of the State Constitution.
141	6.  The home addresses, telephone numbers, places of
142	employment, and photographs of current or former guardians ad
143	litem, as defined in s. 39.820, and the names, home addresses,
144	telephone numbers, and places of employment of the spouses and
145	children of such persons, are exempt from s. 119.07(1) and s.
146	24(a), Art. I of the State Constitution, if the guardian ad
147	litem provides a written statement that the guardian ad litem
148	has made reasonable efforts to protect such information from
149	being accessible through other means available to the public.
150	This subparagraph is subject to the Open Government Sunset
151	Review Act in accordance with s. 119.15 and shall stand repealed
152	on October 2, 2010, unless reviewed and saved from repeal
153	through reenactment by the Legislature.
154	7.  The home addresses, telephone numbers, and photographs
155	of current or former juvenile probation officers, juvenile
156	probation supervisors, detention superintendents, assistant
157	detention superintendents, senior juvenile detention officers,
158	juvenile detention officer supervisors, juvenile detention
159	officers, house parents I and II, house parent supervisors,
160	group treatment leaders, group treatment leader supervisors,
161	rehabilitation therapists, and social services counselors of the
162	Department of Juvenile Justice; the names, home addresses,
163	telephone numbers, and places of employment of spouses and
164	children of such personnel; and the names and locations of
165	schools and day care facilities attended by the children of such
166	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
167	the State Constitution. This subparagraph is subject to the Open
168	Government Sunset Review Act in accordance with s. 119.15 and
169	shall stand repealed on October 2, 2011, unless reviewed and
170	saved from repeal through reenactment by the Legislature.
171	8.  An agency that is the custodian of the personal
172	information specified in subparagraph 1., subparagraph 2.,
173	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
174	6., or subparagraph 7. and that is not the employer of the
175	officer, employee, justice, judge, or other person specified in
176	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
177	4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
178	maintain the exempt status of the personal information only if
179	the officer, employee, justice, judge, other person, or
180	employing agency of the designated employee submits a written
181	request for maintenance of the exemption to the custodial
182	agency.
183	Section 2.  It is the finding of the Legislature that
184	cellular telephone numbers not otherwise disclosed by an
185	employing law enforcement agency and the telephone records for
186	all telephone numbers of active or former law enforcement
187	personnel, including correctional and correctional probation
188	officers, personnel of the Department of Children and Family
189	Services whose duties include the investigation of abuse,
190	neglect, exploitation, fraud, theft, or other criminal
191	activities, personnel of the Department of Health whose duties
192	are to support the investigation of child abuse or neglect, and
193	personnel of the Department of Revenue or local governments
194	whose responsibilities include revenue collection and
195	enforcement or child support enforcement, be made confidential
196	and exempt from public records requirements. Access to both the
197	cellular telephone numbers and any telephone records of active
198	law enforcement officers can be used in several ways to identify
199	persons involved in criminal cases and investigations whose
200	identities should not be revealed, thus potentially compromising
201	investigations and possibly putting the safety and security of
202	others at risk. Instances in which defense attorneys attempt to
203	gain access to both the cellular telephone numbers and
204	telephone records of active law enforcement officers, some of
205	whom may be assigned to vice units, reveal that among the items
206	of information defense attorneys may be seeking is the identity
207	of confidential sources. In a recent case, a circuit court judge
208	ordered a county sheriff's office to provide to the court
209	cellular telephone records, including call and direct call
210	connect times, for all officers and informants involved in a
211	narcotics investigation. Not only can such phone records provide
212	information that may identify confidential informants, they
213	could also be used to identify child abuse victims, victims of
214	sexual violence, and other individuals whose identity would
215	normally be protected. An individual who has the cellular
216	telephone number of a law enforcement officer can request the
217	records associated with that number from an out-of-state
218	telephone company pursuant to the Freedom of Information Act
219	without any awareness on the part of the law enforcement agency
220	that such a request has been made. Also, untimely or
221	inappropriate disclosure of information in an investigation has
222	the potential to jeopardize another related investigation should
223	one exist. These exemptions help to create a more secure
224	environment in which an investigation can be conducted in the
225	most effective and efficient manner. Additionally, it is the
226	finding of the Legislature that any harm caused by the
227	withholding of such information outweighs any public benefit
228	derived from its release. It is therefore the finding of the
229	Legislature that cellular telephone numbers not otherwise
230	disclosed by an employing law enforcement agency and the
231	telephone records for all telephone numbers of active or former
232	law enforcement personnel should be held confidential and exempt
233	from public disclosure.
234	Section 3.  This act shall take effect July 1, 2009.

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