HB 7087

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 119.071, F.S., which
4provides an exemption from public records requirements for
5identification and location information of current or
6former guardians ad litem and the spouses and children of
7guardians ad litem; expanding the public records exemption
8to include the names and locations of schools or day care
9facilities attended by the children of current or former
10guardians ad litem; providing for future legislative
11review and repeal of the exemption; providing a statement
12of public necessity; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (d) of subsection (4) of section
17119.071, Florida Statutes, is amended to read:
18     119.071  General exemptions from inspection or copying of
19public records.-
20     (4)  AGENCY PERSONNEL INFORMATION.-
21     (d)1.a.  The home addresses, telephone numbers, social
22security numbers, and photographs of active or former law
23enforcement personnel, including correctional and correctional
24probation officers, personnel of the Department of Children and
25Family Services whose duties include the investigation of abuse,
26neglect, exploitation, fraud, theft, or other criminal
27activities, personnel of the Department of Health whose duties
28are to support the investigation of child abuse or neglect, and
29personnel of the Department of Revenue or local governments
30whose responsibilities include revenue collection and
31enforcement or child support enforcement; the home addresses,
32telephone numbers, social security numbers, photographs, and
33places of employment of the spouses and children of such
34personnel; and the names and locations of schools and day care
35facilities attended by the children of such personnel are exempt
36from s. 119.07(1).
37     b.  The home addresses, telephone numbers, and photographs
38of firefighters certified in compliance with s. 633.35; the home
39addresses, telephone numbers, photographs, and places of
40employment of the spouses and children of such firefighters; and
41the names and locations of schools and day care facilities
42attended by the children of such firefighters are exempt from s.
43119.07(1).
44     c.  The home addresses and telephone numbers of justices of
45the Supreme Court, district court of appeal judges, circuit
46court judges, and county court judges; the home addresses,
47telephone numbers, and places of employment of the spouses and
48children of justices and judges; and the names and locations of
49schools and day care facilities attended by the children of
50justices and judges are exempt from s. 119.07(1).
51     d.  The home addresses, telephone numbers, social security
52numbers, and photographs of current or former state attorneys,
53assistant state attorneys, statewide prosecutors, or assistant
54statewide prosecutors; the home addresses, telephone numbers,
55social security numbers, photographs, and places of employment
56of the spouses and children of current or former state
57attorneys, assistant state attorneys, statewide prosecutors, or
58assistant statewide prosecutors; and the names and locations of
59schools and day care facilities attended by the children of
60current or former state attorneys, assistant state attorneys,
61statewide prosecutors, or assistant statewide prosecutors are
62exempt from s. 119.07(1) and s. 24(a), Art. I of the State
63Constitution.
64     e.  The home addresses and telephone numbers of general
65magistrates, special magistrates, judges of compensation claims,
66administrative law judges of the Division of Administrative
67Hearings, and child support enforcement hearing officers; the
68home addresses, telephone numbers, and places of employment of
69the spouses and children of general magistrates, special
70magistrates, judges of compensation claims, administrative law
71judges of the Division of Administrative Hearings, and child
72support enforcement hearing officers; and the names and
73locations of schools and day care facilities attended by the
74children of general magistrates, special magistrates, judges of
75compensation claims, administrative law judges of the Division
76of Administrative Hearings, and child support enforcement
77hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
78I of the State Constitution if the general magistrate, special
79magistrate, judge of compensation claims, administrative law
80judge of the Division of Administrative Hearings, or child
81support hearing officer provides a written statement that the
82general magistrate, special magistrate, judge of compensation
83claims, administrative law judge of the Division of
84Administrative Hearings, or child support hearing officer has
85made reasonable efforts to protect such information from being
86accessible through other means available to the public. This
87sub-subparagraph is subject to the Open Government Sunset Review
88Act in accordance with s. 119.15, and shall stand repealed on
89October 2, 2013, unless reviewed and saved from repeal through
90reenactment by the Legislature.
91     f.  The home addresses, telephone numbers, and photographs
92of current or former human resource, labor relations, or
93employee relations directors, assistant directors, managers, or
94assistant managers of any local government agency or water
95management district whose duties include hiring and firing
96employees, labor contract negotiation, administration, or other
97personnel-related duties; the names, home addresses, telephone
98numbers, and places of employment of the spouses and children of
99such personnel; and the names and locations of schools and day
100care facilities attended by the children of such personnel are
101exempt from s. 119.07(1) and s. 24(a), Art. I of the State
102Constitution.
103     g.  The home addresses, telephone numbers, and photographs
104of current or former code enforcement officers; the names, home
105addresses, telephone numbers, and places of employment of the
106spouses and children of such personnel; and the names and
107locations of schools and day care facilities attended by the
108children of such personnel are exempt from s. 119.07(1) and s.
10924(a), Art. I of the State Constitution.
110     h.  The home addresses, telephone numbers, places of
111employment, and photographs of current or former guardians ad
112litem, as defined in s. 39.820;, and the names, home addresses,
113telephone numbers, and places of employment of the spouses and
114children of such persons; and the names and locations of schools
115and day care facilities attended by the children of such
116persons, are exempt from s. 119.07(1) and s. 24(a), Art. I of
117the State Constitution, if the guardian ad litem provides a
118written statement that the guardian ad litem has made reasonable
119efforts to protect such information from being accessible
120through other means available to the public. This sub-
121subparagraph is subject to the Open Government Sunset Review Act
122in accordance with s. 119.15 and shall stand repealed on October
1232, 2015 2010, unless reviewed and saved from repeal through
124reenactment by the Legislature.
125     i.  The home addresses, telephone numbers, and photographs
126of current or former juvenile probation officers, juvenile
127probation supervisors, detention superintendents, assistant
128detention superintendents, senior juvenile detention officers,
129juvenile detention officer supervisors, juvenile detention
130officers, house parents I and II, house parent supervisors,
131group treatment leaders, group treatment leader supervisors,
132rehabilitation therapists, and social services counselors of the
133Department of Juvenile Justice; the names, home addresses,
134telephone numbers, and places of employment of spouses and
135children of such personnel; and the names and locations of
136schools and day care facilities attended by the children of such
137personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
138the State Constitution. This sub-subparagraph is subject to the
139Open Government Sunset Review Act in accordance with s. 119.15
140and shall stand repealed on October 2, 2011, unless reviewed and
141saved from repeal through reenactment by the Legislature.
142     2.  An agency that is the custodian of the information
143specified in subparagraph 1. and that is not the employer of the
144officer, employee, justice, judge, or other person specified in
145subparagraph 1. shall maintain the exempt status of that
146information only if the officer, employee, justice, judge, other
147person, or employing agency of the designated employee submits a
148written request for maintenance of the exemption to the
149custodial agency.
150     Section 2.  The Legislature finds that it is a public
151necessity that the names and locations of schools and day care
152facilities attended by the children of current or former
153guardians ad litem be made exempt from public records
154requirements. Guardians ad litem provide a valuable service to
155the community. They interact with victims of child abuse and
156neglect and, at times, the perpetrators of that abuse or
157neglect. The capacity in which they work or volunteer their time
158does not always create good will. Different persons may be
159disgruntled with the testimony, report, or recommendation made
160by guardians ad litem. The testimony of guardians ad litem could
161create a safety risk. Thus, the children of guardians ad litem
162could become a potential target for acts of revenge. If the name
163and location of schools or day care facilities attended by the
164children of such persons were made available, the safety and
165welfare of the children of the guardians ad litem could be
166seriously jeopardized. Accordingly, it is a public necessity
167that such information be made exempt from public disclosure.
168     Section 3.  This act shall take effect upon becoming a law.


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