Florida Senate - 2010 SB 1200
By the Committee on Judiciary
590-01252-10 20101200__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.071, F.S., relating
4 to a public-records exemption for identifying
5 information of current or former guardians ad litem;
6 saving the exemption from repeal under the Open
7 Government Sunset Review Act; expanding the public
8 records exemption to include the names and locations
9 of schools and day care facilities attended by the
10 children of current or former guardians ad litem;
11 providing for future legislative review and repeal of
12 the exemption under the Open Government Sunset Review
13 Act; providing a statement of public necessity;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (d) of subsection (4) of section
19 119.071, Florida Statutes, is amended to read:
20 119.071 General exemptions from inspection or copying of
21 public records.—
22 (4) AGENCY PERSONNEL INFORMATION.—
23 (d)1.a. The home addresses, telephone numbers, social
24 security numbers, and photographs of active or former law
25 enforcement personnel, including correctional and correctional
26 probation officers, personnel of the Department of Children and
27 Family Services whose duties include the investigation of abuse,
28 neglect, exploitation, fraud, theft, or other criminal
29 activities, personnel of the Department of Health whose duties
30 are to support the investigation of child abuse or neglect, and
31 personnel of the Department of Revenue or local governments
32 whose responsibilities include revenue collection and
33 enforcement or child support enforcement; the home addresses,
34 telephone numbers, social security numbers, photographs, and
35 places of employment of the spouses and children of such
36 personnel; and the names and locations of schools and day care
37 facilities attended by the children of such personnel are exempt
38 from s. 119.07(1).
39 b. The home addresses, telephone numbers, and photographs
40 of firefighters certified in compliance with s. 633.35; the home
41 addresses, telephone numbers, photographs, and places of
42 employment of the spouses and children of such firefighters; and
43 the names and locations of schools and day care facilities
44 attended by the children of such firefighters are exempt from s.
45 119.07(1).
46 c. The home addresses and telephone numbers of justices of
47 the Supreme Court, district court of appeal judges, circuit
48 court judges, and county court judges; the home addresses,
49 telephone numbers, and places of employment of the spouses and
50 children of justices and judges; and the names and locations of
51 schools and day care facilities attended by the children of
52 justices and judges are exempt from s. 119.07(1).
53 d. The home addresses, telephone numbers, social security
54 numbers, and photographs of current or former state attorneys,
55 assistant state attorneys, statewide prosecutors, or assistant
56 statewide prosecutors; the home addresses, telephone numbers,
57 social security numbers, photographs, and places of employment
58 of the spouses and children of current or former state
59 attorneys, assistant state attorneys, statewide prosecutors, or
60 assistant statewide prosecutors; and the names and locations of
61 schools and day care facilities attended by the children of
62 current or former state attorneys, assistant state attorneys,
63 statewide prosecutors, or assistant statewide prosecutors are
64 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
65 Constitution.
66 e. The home addresses and telephone numbers of general
67 magistrates, special magistrates, judges of compensation claims,
68 administrative law judges of the Division of Administrative
69 Hearings, and child support enforcement hearing officers; the
70 home addresses, telephone numbers, and places of employment of
71 the spouses and children of general magistrates, special
72 magistrates, judges of compensation claims, administrative law
73 judges of the Division of Administrative Hearings, and child
74 support enforcement hearing officers; and the names and
75 locations of schools and day care facilities attended by the
76 children of general magistrates, special magistrates, judges of
77 compensation claims, administrative law judges of the Division
78 of Administrative Hearings, and child support enforcement
79 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
80 I of the State Constitution if the general magistrate, special
81 magistrate, judge of compensation claims, administrative law
82 judge of the Division of Administrative Hearings, or child
83 support hearing officer provides a written statement that the
84 general magistrate, special magistrate, judge of compensation
85 claims, administrative law judge of the Division of
86 Administrative Hearings, or child support hearing officer has
87 made reasonable efforts to protect such information from being
88 accessible through other means available to the public. This
89 sub-subparagraph is subject to the Open Government Sunset Review
90 Act in accordance with s. 119.15, and shall stand repealed on
91 October 2, 2013, unless reviewed and saved from repeal through
92 reenactment by the Legislature.
93 f. The home addresses, telephone numbers, and photographs
94 of current or former human resource, labor relations, or
95 employee relations directors, assistant directors, managers, or
96 assistant managers of any local government agency or water
97 management district whose duties include hiring and firing
98 employees, labor contract negotiation, administration, or other
99 personnel-related duties; the names, home addresses, telephone
100 numbers, and places of employment of the spouses and children of
101 such personnel; and the names and locations of schools and day
102 care facilities attended by the children of such personnel are
103 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
104 Constitution.
105 g. The home addresses, telephone numbers, and photographs
106 of current or former code enforcement officers; the names, home
107 addresses, telephone numbers, and places of employment of the
108 spouses and children of such personnel; and the names and
109 locations of schools and day care facilities attended by the
110 children of such personnel are exempt from s. 119.07(1) and s.
111 24(a), Art. I of the State Constitution.
112 h. The home addresses, telephone numbers, places of
113 employment, and photographs of current or former guardians ad
114 litem, as defined in s. 39.820;, and the names, home addresses,
115 telephone numbers, and places of employment of the spouses and
116 children of such persons; and the names and locations of schools
117 and day care facilities attended by the children of such
118 persons, are exempt from s. 119.07(1) and s. 24(a), Art. I of
119 the State Constitution, if the guardian ad litem provides a
120 written statement that the guardian ad litem has made reasonable
121 efforts to protect such information from being accessible
122 through other means available to the public. This sub
123 subparagraph is subject to the Open Government Sunset Review Act
124 in accordance with s. 119.15 and shall stand repealed on October
125 2, 2015 2010, unless reviewed and saved from repeal through
126 reenactment by the Legislature.
127 i. The home addresses, telephone numbers, and photographs
128 of current or former juvenile probation officers, juvenile
129 probation supervisors, detention superintendents, assistant
130 detention superintendents, senior juvenile detention officers,
131 juvenile detention officer supervisors, juvenile detention
132 officers, house parents I and II, house parent supervisors,
133 group treatment leaders, group treatment leader supervisors,
134 rehabilitation therapists, and social services counselors of the
135 Department of Juvenile Justice; the names, home addresses,
136 telephone numbers, and places of employment of spouses and
137 children of such personnel; and the names and locations of
138 schools and day care facilities attended by the children of such
139 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
140 the State Constitution. This sub-subparagraph is subject to the
141 Open Government Sunset Review Act in accordance with s. 119.15
142 and shall stand repealed on October 2, 2011, unless reviewed and
143 saved from repeal through reenactment by the Legislature.
144 2. An agency that is the custodian of the information
145 specified in subparagraph 1. and that is not the employer of the
146 officer, employee, justice, judge, or other person specified in
147 subparagraph 1. shall maintain the exempt status of that
148 information only if the officer, employee, justice, judge, other
149 person, or employing agency of the designated employee submits a
150 written request for maintenance of the exemption to the
151 custodial agency.
152 Section 2. The Legislature finds that it is a public
153 necessity that the names and locations of schools and day care
154 facilities attended by the children of current or former
155 guardians ad litem be made exempt from public-records
156 requirements. Guardians ad litem provide a valuable service to
157 the community. They interact with victims of child abuse and
158 neglect and, at times, the perpetrators of that abuse or
159 neglect. The capacity in which they work or volunteer their time
160 does not always create good will. Different persons may be
161 disgruntled with the testimony, report, or recommendation made
162 by guardians ad litem. The testimony of guardians ad litem could
163 create a safety risk. Thus, the children of guardians ad litem
164 could become potential targets for acts of revenge. If the names
165 and locations of schools and day care facilities attended by the
166 children of such persons were made available, the safety and
167 welfare of the children could be jeopardized. A public-records
168 exemption currently exempts the names, home addresses, telephone
169 numbers, and places of employment of the children of current or
170 former guardians ad litem; however, there is no similar
171 protection for the names and locations of schools and day care
172 facilities attended by such children. Comparable exemptions
173 relating to other individuals who provide a public service
174 exempt this personal information from disclosure. Accordingly,
175 it is a public necessity that the names and locations of schools
176 and day care facilities attended by the children of current or
177 former guardians ad litem be made exempt from public disclosure.
178 Section 3. This act shall take effect October 1, 2010.