HB 485

1
A bill to be entitled
2An act relating to public records; amending s. 119.071,
3F.S.; providing an exemption from public records
4requirements for personal identifying and location
5information of current and former public defenders,
6assistant public defenders, criminal conflict and civil
7regional counsel, and assistant criminal conflict and
8civil regional counsel, and the spouses and children
9thereof; providing for future legislative review and
10repeal of the exemption; providing a statement of public
11necessity; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (d) of subsection (4) of section
16119.071, Florida Statutes, is amended to read:
17     119.071  General exemptions from inspection or copying of
18public records.-
19     (4)  AGENCY PERSONNEL INFORMATION.-
20     (d)1.a.  The home addresses, telephone numbers, social
21security numbers, and photographs of active or former law
22enforcement personnel, including correctional and correctional
23probation officers, personnel of the Department of Children and
24Family Services whose duties include the investigation of abuse,
25neglect, exploitation, fraud, theft, or other criminal
26activities, personnel of the Department of Health whose duties
27are to support the investigation of child abuse or neglect, and
28personnel of the Department of Revenue or local governments
29whose responsibilities include revenue collection and
30enforcement or child support enforcement; the home addresses,
31telephone numbers, social security numbers, photographs, and
32places of employment of the spouses and children of such
33personnel; and the names and locations of schools and day care
34facilities attended by the children of such personnel are exempt
35from s. 119.07(1).
36     b.  The home addresses, telephone numbers, and photographs
37of firefighters certified in compliance with s. 633.35; the home
38addresses, telephone numbers, photographs, and places of
39employment of the spouses and children of such firefighters; and
40the names and locations of schools and day care facilities
41attended by the children of such firefighters are exempt from s.
42119.07(1).
43     c.  The home addresses and telephone numbers of justices of
44the Supreme Court, district court of appeal judges, circuit
45court judges, and county court judges; the home addresses,
46telephone numbers, and places of employment of the spouses and
47children of justices and judges; and the names and locations of
48schools and day care facilities attended by the children of
49justices and judges are exempt from s. 119.07(1).
50     d.  The home addresses, telephone numbers, social security
51numbers, and photographs of current or former state attorneys,
52assistant state attorneys, statewide prosecutors, or assistant
53statewide prosecutors; the home addresses, telephone numbers,
54social security numbers, photographs, and places of employment
55of the spouses and children of current or former state
56attorneys, assistant state attorneys, statewide prosecutors, or
57assistant statewide prosecutors; and the names and locations of
58schools and day care facilities attended by the children of
59current or former state attorneys, assistant state attorneys,
60statewide prosecutors, or assistant statewide prosecutors are
61exempt from s. 119.07(1) and s. 24(a), Art. I of the State
62Constitution.
63     e.  The home addresses and telephone numbers of general
64magistrates, special magistrates, judges of compensation claims,
65administrative law judges of the Division of Administrative
66Hearings, and child support enforcement hearing officers; the
67home addresses, telephone numbers, and places of employment of
68the spouses and children of general magistrates, special
69magistrates, judges of compensation claims, administrative law
70judges of the Division of Administrative Hearings, and child
71support enforcement hearing officers; and the names and
72locations of schools and day care facilities attended by the
73children of general magistrates, special magistrates, judges of
74compensation claims, administrative law judges of the Division
75of Administrative Hearings, and child support enforcement
76hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
77I of the State Constitution if the general magistrate, special
78magistrate, judge of compensation claims, administrative law
79judge of the Division of Administrative Hearings, or child
80support hearing officer provides a written statement that the
81general magistrate, special magistrate, judge of compensation
82claims, administrative law judge of the Division of
83Administrative Hearings, or child support hearing officer has
84made reasonable efforts to protect such information from being
85accessible through other means available to the public. This
86sub-subparagraph is subject to the Open Government Sunset Review
87Act in accordance with s. 119.15, and shall stand repealed on
88October 2, 2013, unless reviewed and saved from repeal through
89reenactment by the Legislature.
90     f.  The home addresses, telephone numbers, and photographs
91of current or former human resource, labor relations, or
92employee relations directors, assistant directors, managers, or
93assistant managers of any local government agency or water
94management district whose duties include hiring and firing
95employees, labor contract negotiation, administration, or other
96personnel-related duties; the names, home addresses, telephone
97numbers, and places of employment of the spouses and children of
98such personnel; and the names and locations of schools and day
99care facilities attended by the children of such personnel are
100exempt from s. 119.07(1) and s. 24(a), Art. I of the State
101Constitution.
102     g.  The home addresses, telephone numbers, and photographs
103of current or former code enforcement officers; the names, home
104addresses, telephone numbers, and places of employment of the
105spouses and children of such personnel; and the names and
106locations of schools and day care facilities attended by the
107children of such personnel are exempt from s. 119.07(1) and s.
10824(a), Art. I of the State Constitution.
109     h.  The home addresses, telephone numbers, places of
110employment, and photographs of current or former guardians ad
111litem, as defined in s. 39.820, and the names, home addresses,
112telephone numbers, and places of employment of the spouses and
113children of such persons, are exempt from s. 119.07(1) and s.
11424(a), Art. I of the State Constitution, if the guardian ad
115litem provides a written statement that the guardian ad litem
116has made reasonable efforts to protect such information from
117being accessible through other means available to the public.
118This sub-subparagraph is subject to the Open Government Sunset
119Review Act in accordance with s. 119.15 and shall stand repealed
120on October 2, 2010, unless reviewed and saved from repeal
121through reenactment by the Legislature.
122     i.  The home addresses, telephone numbers, and photographs
123of current or former juvenile probation officers, juvenile
124probation supervisors, detention superintendents, assistant
125detention superintendents, senior juvenile detention officers,
126juvenile detention officer supervisors, juvenile detention
127officers, house parents I and II, house parent supervisors,
128group treatment leaders, group treatment leader supervisors,
129rehabilitation therapists, and social services counselors of the
130Department of Juvenile Justice; the names, home addresses,
131telephone numbers, and places of employment of spouses and
132children of such personnel; and the names and locations of
133schools and day care facilities attended by the children of such
134personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
135the State Constitution. This sub-subparagraph is subject to the
136Open Government Sunset Review Act in accordance with s. 119.15
137and shall stand repealed on October 2, 2011, unless reviewed and
138saved from repeal through reenactment by the Legislature.
139     j.  The home addresses, telephone numbers, and photographs
140of current or former public defenders, assistant public
141defenders, criminal conflict and civil regional counsel, and
142assistant criminal conflict and civil regional counsel; the
143names, home addresses, telephone numbers, social security
144numbers, photographs, and places of employment of the spouses
145and children of current or former public defenders, assistant
146public defenders, criminal conflict and civil regional counsel,
147and assistant criminal conflict and civil regional counsel; and
148the names and locations of schools and day care facilities
149attended by the children of current or former public defenders,
150assistant public defenders, criminal conflict and civil regional
151counsel, and assistant criminal conflict and civil regional
152counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of the
153State Constitution. This sub-subparagraph is subject to the Open
154Government Sunset Review Act in accordance with s. 119.15 and
155shall stand repealed on October 2, 2015, unless reviewed and
156saved from repeal through reenactment by the Legislature.
157     2.  An agency that is the custodian of the information
158specified in subparagraph 1. and that is not the employer of the
159officer, employee, justice, judge, or other person specified in
160subparagraph 1. shall maintain the exempt status of that
161information only if the officer, employee, justice, judge, other
162person, or employing agency of the designated employee submits a
163written request for maintenance of the exemption to the
164custodial agency.
165     Section 2.  The Legislature finds that it is a public
166necessity to exempt personal identifying and location
167information relating to current and former public defenders,
168assistant public defenders, criminal conflict and civil regional
169counsel, and assistant criminal conflict and civil regional
170counsel, and the spouses and children thereof, from disclosure
171under the public records laws of the state. In the course of
172representing defendants in criminal prosecutions, these
173attorneys routinely interact with individuals who have criminal
174records or are currently engaged in, or suspected of, criminal
175activity. These attorneys also interact with the victims of
176crimes. In addition, criminal conflict and civil regional
177counsel and their assistants also provide representation in
178sensitive civil matters, such as those in which a person's
179parental rights may be terminated based on allegations of
180perpetrating abuse and neglect against a child. By providing
181legal representation in criminal and civil matters, these
182attorneys provide a valuable service. However, individuals may
183become disgruntled by the proceedings or the outcome of a
184criminal or civil case, which could result in these attorneys
185and their families becoming targets for acts of violence.
186Disclosure of the information protected by the public records
187exemption created by this act would jeopardize the safety of
188these attorneys and their families. Therefore, it is the finding
189of the Legislature that it is a public necessity to exempt from
190disclosure the home addresses, telephone numbers, and
191photographs of current or former public defenders, assistant
192public defenders, criminal conflict and civil regional counsel,
193and assistant criminal conflict and civil regional counsel; the
194names, home addresses, telephone numbers, social security
195numbers, photographs, and places of employment of the spouses
196and children of current or former public defenders, assistant
197public defenders, criminal conflict and civil regional counsel,
198and assistant criminal conflict and civil regional counsel; and
199the names and locations of schools and day care facilities
200attended by the children of current or former public defenders,
201assistant public defenders, criminal conflict and civil regional
202counsel, and assistant criminal conflict and civil regional
203counsel.
204     Section 3.  This act shall take effect July 1, 2010.


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