Florida Senate - 2010                             CS for SB 1282
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Fasano and Storms
       
       
       
       585-04251-10                                          20101282c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding a public-records exemption
    4         for specified personal information of the spouses and
    5         children of active and former law enforcement and
    6         investigatory personnel; expanding a public-records
    7         exemption for specified personal information of
    8         firefighters and for their spouses and children;
    9         providing for future legislative review and repeal of
   10         the exemptions under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (4) of section
   17  119.071, Florida Statutes, is amended to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (4) AGENCY PERSONNEL INFORMATION.—
   21         (d)1.a. The home addresses, telephone numbers, social
   22  security numbers, and photographs of active or former law
   23  enforcement personnel, including correctional and correctional
   24  probation officers, personnel of the Department of Children and
   25  Family Services whose duties include the investigation of abuse,
   26  neglect, exploitation, fraud, theft, or other criminal
   27  activities, personnel of the Department of Health whose duties
   28  are to support the investigation of child abuse or neglect, and
   29  personnel of the Department of Revenue or local governments
   30  whose responsibilities include revenue collection and
   31  enforcement or child support enforcement; the names, home
   32  addresses, telephone numbers, social security numbers,
   33  photographs, and places of employment of the spouses and
   34  children of such personnel; and the names and locations of
   35  schools and day care facilities attended by the children of such
   36  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
   37  the State Constitution. This sub-subparagraph is subject to the
   38  Open Government Sunset Review Act in accordance with s. 119.15
   39  and shall stand repealed on October 2, 2015, unless reviewed and
   40  saved from repeal through reenactment by the Legislature.
   41         b. The home addresses, telephone numbers, social security
   42  numbers, and photographs of current or former firefighters
   43  certified in compliance with s. 633.35; the names, home
   44  addresses, telephone numbers, social security numbers,
   45  photographs, and places of employment of the spouses and
   46  children of such firefighters; and the names and locations of
   47  schools and day care facilities attended by the children of such
   48  firefighters are exempt from s. 119.07(1) and s. 24(a), Art. I
   49  of the State Constitution. This sub-subparagraph is subject to
   50  the Open Government Sunset Review Act in accordance with s.
   51  119.15 and shall stand repealed on October 2, 2015, unless
   52  reviewed and saved from repeal through reenactment by the
   53  Legislature.
   54         c. The home addresses and telephone numbers of justices of
   55  the Supreme Court, district court of appeal judges, circuit
   56  court judges, and county court judges; the home addresses,
   57  telephone numbers, and places of employment of the spouses and
   58  children of justices and judges; and the names and locations of
   59  schools and day care facilities attended by the children of
   60  justices and judges are exempt from s. 119.07(1).
   61         d. The home addresses, telephone numbers, social security
   62  numbers, and photographs of current or former state attorneys,
   63  assistant state attorneys, statewide prosecutors, or assistant
   64  statewide prosecutors; the home addresses, telephone numbers,
   65  social security numbers, photographs, and places of employment
   66  of the spouses and children of current or former state
   67  attorneys, assistant state attorneys, statewide prosecutors, or
   68  assistant statewide prosecutors; and the names and locations of
   69  schools and day care facilities attended by the children of
   70  current or former state attorneys, assistant state attorneys,
   71  statewide prosecutors, or assistant statewide prosecutors are
   72  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   73  Constitution.
   74         e. The home addresses and telephone numbers of general
   75  magistrates, special magistrates, judges of compensation claims,
   76  administrative law judges of the Division of Administrative
   77  Hearings, and child support enforcement hearing officers; the
   78  home addresses, telephone numbers, and places of employment of
   79  the spouses and children of general magistrates, special
   80  magistrates, judges of compensation claims, administrative law
   81  judges of the Division of Administrative Hearings, and child
   82  support enforcement hearing officers; and the names and
   83  locations of schools and day care facilities attended by the
   84  children of general magistrates, special magistrates, judges of
   85  compensation claims, administrative law judges of the Division
   86  of Administrative Hearings, and child support enforcement
   87  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   88  I of the State Constitution if the general magistrate, special
   89  magistrate, judge of compensation claims, administrative law
   90  judge of the Division of Administrative Hearings, or child
   91  support hearing officer provides a written statement that the
   92  general magistrate, special magistrate, judge of compensation
   93  claims, administrative law judge of the Division of
   94  Administrative Hearings, or child support hearing officer has
   95  made reasonable efforts to protect such information from being
   96  accessible through other means available to the public. This
   97  sub-subparagraph is subject to the Open Government Sunset Review
   98  Act in accordance with s. 119.15, and shall stand repealed on
   99  October 2, 2013, unless reviewed and saved from repeal through
  100  reenactment by the Legislature.
  101         f. The home addresses, telephone numbers, and photographs
  102  of current or former human resource, labor relations, or
  103  employee relations directors, assistant directors, managers, or
  104  assistant managers of any local government agency or water
  105  management district whose duties include hiring and firing
  106  employees, labor contract negotiation, administration, or other
  107  personnel-related duties; the names, home addresses, telephone
  108  numbers, and places of employment of the spouses and children of
  109  such personnel; and the names and locations of schools and day
  110  care facilities attended by the children of such personnel are
  111  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  112  Constitution.
  113         g. The home addresses, telephone numbers, and photographs
  114  of current or former code enforcement officers; the names, home
  115  addresses, telephone numbers, and places of employment of the
  116  spouses and children of such personnel; and the names and
  117  locations of schools and day care facilities attended by the
  118  children of such personnel are exempt from s. 119.07(1) and s.
  119  24(a), Art. I of the State Constitution.
  120         h. The home addresses, telephone numbers, places of
  121  employment, and photographs of current or former guardians ad
  122  litem, as defined in s. 39.820, and the names, home addresses,
  123  telephone numbers, and places of employment of the spouses and
  124  children of such persons, are exempt from s. 119.07(1) and s.
  125  24(a), Art. I of the State Constitution, if the guardian ad
  126  litem provides a written statement that the guardian ad litem
  127  has made reasonable efforts to protect such information from
  128  being accessible through other means available to the public.
  129  This sub-subparagraph is subject to the Open Government Sunset
  130  Review Act in accordance with s. 119.15 and shall stand repealed
  131  on October 2, 2010, unless reviewed and saved from repeal
  132  through reenactment by the Legislature.
  133         i. The home addresses, telephone numbers, and photographs
  134  of current or former juvenile probation officers, juvenile
  135  probation supervisors, detention superintendents, assistant
  136  detention superintendents, senior juvenile detention officers,
  137  juvenile detention officer supervisors, juvenile detention
  138  officers, house parents I and II, house parent supervisors,
  139  group treatment leaders, group treatment leader supervisors,
  140  rehabilitation therapists, and social services counselors of the
  141  Department of Juvenile Justice; the names, home addresses,
  142  telephone numbers, and places of employment of spouses and
  143  children of such personnel; and the names and locations of
  144  schools and day care facilities attended by the children of such
  145  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  146  the State Constitution. This sub-subparagraph is subject to the
  147  Open Government Sunset Review Act in accordance with s. 119.15
  148  and shall stand repealed on October 2, 2011, unless reviewed and
  149  saved from repeal through reenactment by the Legislature.
  150         2. An agency that is the custodian of the information
  151  specified in subparagraph 1. and that is not the employer of the
  152  officer, employee, justice, judge, or other person specified in
  153  subparagraph 1. shall maintain the exempt status of that
  154  information only if the officer, employee, justice, judge, other
  155  person, or employing agency of the designated employee submits a
  156  written request for maintenance of the exemption to the
  157  custodial agency.
  158         Section 2. (1) The Legislature finds that it is a public
  159  necessity to exempt specified personal information relating to
  160  active or former law enforcement personnel, including
  161  correctional and correctional probation officers, personnel of
  162  the Department of Children and Family Services whose duties
  163  include the investigation of abuse, neglect, exploitation,
  164  fraud, theft, or other criminal activities, personnel of the
  165  Department of Health whose duties are to support the
  166  investigation of child abuse or neglect, and personnel of the
  167  Department of Revenue or local governments whose
  168  responsibilities include revenue collection and enforcement or
  169  child support enforcement, as well as to their spouses and
  170  children, from disclosure under the public-records laws of the
  171  state. In the course of their occupational duties, these
  172  employees routinely interact with individuals who have criminal
  173  records or who are currently engaged in or suspected of criminal
  174  activity. These employees also interact with the victims of
  175  crimes. By participating in law enforcement activities, these
  176  employees provide a valuable public service. However,
  177  individuals with whom the employees interact in the course of
  178  their duties may become disgruntled by the actions taken by the
  179  employees or by legal proceedings begun against them as a result
  180  of the employees’ actions. This could result in these employees
  181  and their families becoming targets for acts of violence.
  182  Disclosure of the information protected by the public-records
  183  exemption in this act would jeopardize the safety of these
  184  employees and their families. Therefore, it is a public
  185  necessity to exempt from disclosure personal information
  186  concerning active or former law enforcement personnel, including
  187  correctional and correctional probation officers, personnel of
  188  the Department of Children and Family Services whose duties
  189  include the investigation of abuse, neglect, exploitation,
  190  fraud, theft, or other criminal activities, personnel of the
  191  Department of Health whose duties are to support the
  192  investigation of child abuse or neglect, and personnel of the
  193  Department of Revenue or local governments whose
  194  responsibilities include revenue collection and enforcement or
  195  child support enforcement as well as the names of the spouses
  196  and children of such employees.
  197         (2) The Legislature further finds that it is a public
  198  necessity to exempt specified personal information relating to
  199  current or former firefighters certified in compliance with s.
  200  633.35, Florida Statutes, as well as to their spouses and
  201  children, from disclosure under the public-records laws of the
  202  state. In the course of their occupational duties, firefighters
  203  become involved in highly emotionally charged situations in
  204  which deaths or significant property damage may occur. An
  205  individual involved in such a situation may associate the
  206  firefighters with the situation if the outcome is negative, and
  207  may even blame the firefighters for such an outcome.
  208  Firefighters may also become involved in criminal arson
  209  investigations, the targets of which may become disgruntled by
  210  the firefighters’ role in legal proceedings begun against them.
  211  This could result in these firefighters and their families
  212  becoming targets for acts of violence. Disclosure of the
  213  information protected by the public-records exemption in this
  214  act would jeopardize the safety of these firefighters and their
  215  families. Therefore, it is a public necessity to exempt from
  216  disclosure the home addresses, telephone numbers, social
  217  security numbers, and photographs of current or former
  218  firefighters certified in compliance with s. 633.35, Florida
  219  Statutes; the names, home addresses, telephone numbers, social
  220  security numbers, photographs, and places of employment of the
  221  spouses and children of such firefighters; and the names and
  222  locations of schools and day care facilities attended by the
  223  children of such firefighters.
  224         Section 3. This act shall take effect July 1, 2010.