HB 1027

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; expanding a public records exemption for specified
4	personal information of the spouses and children of active
5	and former law enforcement and investigatory personnel;
6	expanding a public records exemption for specified
7	personal information of current or former firefighters and
8	for their spouses and children; providing for future
9	legislative review and repeal of the exemptions; providing
10	a statement of public necessity; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (d) of subsection (4) of section
16	119.071, Florida Statutes, is amended to read:
17	119.071  General exemptions from inspection or copying of
18	public records.-
19	(4)  AGENCY PERSONNEL INFORMATION.-
20	(d)1.a.  The home addresses, telephone numbers, social
21	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 names, home
31	addresses, telephone numbers, social security numbers,
32	photographs, and places of employment of the spouses and
33	children of such personnel; and the names and locations of
34	schools and day care facilities attended by the children of such
35	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
36	the State Constitution. This sub-subparagraph is subject to the
37	Open Government Sunset Review Act in accordance with s. 119.15
38	and shall stand repealed on October 2, 2016, unless reviewed and
39	saved from repeal through reenactment by the Legislature.
40	b.  The home addresses, telephone numbers, social security
41	numbers, and photographs of current or former firefighters
42	certified in compliance with s. 633.35; the names, home
43	addresses, telephone numbers, social security numbers,
44	photographs, and places of employment of the spouses and
45	children of such firefighters; and the names and locations of
46	schools and day care facilities attended by the children of such
47	firefighters are exempt from s. 119.07(1) and s. 24(a), Art. I
48	of the State Constitution. This sub-subparagraph is subject to
49	the Open Government Sunset Review Act in accordance with s.
50	119.15 and shall stand repealed on October 2, 2016, unless
51	reviewed and saved from repeal through reenactment by the
52	Legislature.
53	c.  The home addresses and telephone numbers of justices of
54	the Supreme Court, district court of appeal judges, circuit
55	court judges, and county court judges; the home addresses,
56	telephone numbers, and places of employment of the spouses and
57	children of justices and judges; and the names and locations of
58	schools and day care facilities attended by the children of
59	justices and judges are exempt from s. 119.07(1).
60	d.  The home addresses, telephone numbers, social security
61	numbers, and photographs of current or former state attorneys,
62	assistant state attorneys, statewide prosecutors, or assistant
63	statewide prosecutors; the home addresses, telephone numbers,
64	social security numbers, photographs, and places of employment
65	of the spouses and children of current or former state
66	attorneys, assistant state attorneys, statewide prosecutors, or
67	assistant statewide prosecutors; and the names and locations of
68	schools and day care facilities attended by the children of
69	current or former state attorneys, assistant state attorneys,
70	statewide prosecutors, or assistant statewide prosecutors are
71	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
72	Constitution.
73	e.  The home addresses and telephone numbers of general
74	magistrates, special magistrates, judges of compensation claims,
75	administrative law judges of the Division of Administrative
76	Hearings, and child support enforcement hearing officers; the
77	home addresses, telephone numbers, and places of employment of
78	the spouses and children of general magistrates, special
79	magistrates, judges of compensation claims, administrative law
80	judges of the Division of Administrative Hearings, and child
81	support enforcement hearing officers; and the names and
82	locations of schools and day care facilities attended by the
83	children of general magistrates, special magistrates, judges of
84	compensation claims, administrative law judges of the Division
85	of Administrative Hearings, and child support enforcement
86	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
87	I of the State Constitution if the general magistrate, special
88	magistrate, judge of compensation claims, administrative law
89	judge of the Division of Administrative Hearings, or child
90	support hearing officer provides a written statement that the
91	general magistrate, special magistrate, judge of compensation
92	claims, administrative law judge of the Division of
93	Administrative Hearings, or child support hearing officer has
94	made reasonable efforts to protect such information from being
95	accessible through other means available to the public. This
96	sub-subparagraph is subject to the Open Government Sunset Review
97	Act in accordance with s. 119.15, and shall stand repealed on
98	October 2, 2013, unless reviewed and saved from repeal through
99	reenactment by the Legislature.
100	f.  The home addresses, telephone numbers, and photographs
101	of current or former human resource, labor relations, or
102	employee relations directors, assistant directors, managers, or
103	assistant managers of any local government agency or water
104	management district whose duties include hiring and firing
105	employees, labor contract negotiation, administration, or other
106	personnel-related duties; the names, home addresses, telephone
107	numbers, and places of employment of the spouses and children of
108	such personnel; and the names and locations of schools and day
109	care facilities attended by the children of such personnel are
110	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
111	Constitution.
112	g.  The home addresses, telephone numbers, and photographs
113	of current or former code enforcement officers; the names, home
114	addresses, telephone numbers, and places of employment of the
115	spouses and children of such personnel; and the names and
116	locations of schools and day care facilities attended by the
117	children of such personnel are exempt from s. 119.07(1) and s.
118	24(a), Art. I of the State Constitution.
119	h.  The home addresses, telephone numbers, places of
120	employment, and photographs of current or former guardians ad
121	litem, as defined in s. 39.820; the names, home addresses,
122	telephone numbers, and places of employment of the spouses and
123	children of such persons; and the names and locations of schools
124	and day care facilities attended by the children of such persons
125	are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
126	Constitution, if the guardian ad litem provides a written
127	statement that the guardian ad litem has made reasonable efforts
128	to protect such information from being accessible through other
129	means available to the public. This sub-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, 2015, unless
132	reviewed and saved from repeal through reenactment by the
133	Legislature.
134	i.  The home addresses, telephone numbers, and photographs
135	of current or former juvenile probation officers, juvenile
136	probation supervisors, detention superintendents, assistant
137	detention superintendents, senior juvenile detention officers,
138	juvenile detention officer supervisors, juvenile detention
139	officers, house parents I and II, house parent supervisors,
140	group treatment leaders, group treatment leader supervisors,
141	rehabilitation therapists, and social services counselors of the
142	Department of Juvenile Justice; the names, home addresses,
143	telephone numbers, and places of employment of spouses and
144	children of such personnel; and the names and locations of
145	schools and day care facilities attended by the children of such
146	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
147	the State Constitution. This sub-subparagraph is subject to the
148	Open Government Sunset Review Act in accordance with s. 119.15
149	and shall stand repealed on October 2, 2011, unless reviewed and
150	saved from repeal through reenactment by the Legislature.
151	j.  The home addresses, telephone numbers, and photographs
152	of current or former public defenders, assistant public
153	defenders, criminal conflict and civil regional counsel, and
154	assistant criminal conflict and civil regional counsel; the home
155	addresses, telephone numbers, and places of employment of the
156	spouses and children of such defenders or counsel; and the names
157	and locations of schools and day care facilities attended by the
158	children of such defenders or counsel are exempt from s.
159	119.07(1) and s. 24(a), Art. I of the State Constitution. This
160	sub-subparagraph is subject to the Open Government Sunset Review
161	Act in accordance with s. 119.15 and shall stand repealed on
162	October 2, 2015, unless reviewed and saved from repeal through
163	reenactment by the Legislature.
164	2.  An agency that is the custodian of the information
165	specified in subparagraph 1. and that is not the employer of the
166	officer, employee, justice, judge, or other person specified in
167	subparagraph 1. shall maintain the exempt status of that
168	information only if the officer, employee, justice, judge, other
169	person, or employing agency of the designated employee submits a
170	written request for maintenance of the exemption to the
171	custodial agency.
172	Section 2.  (1)  The Legislature finds that it is a public
173	necessity that specified personal information relating to active
174	or former law enforcement personnel, including correctional and
175	correctional probation officers, personnel of the Department of
176	Children and Family Services whose duties include the
177	investigation of abuse, neglect, exploitation, fraud, theft, or
178	other criminal activities, personnel of the Department of Health
179	whose duties are to support the investigation of child abuse or
180	neglect, and personnel of the Department of Revenue or local
181	governments whose responsibilities include revenue collection
182	and enforcement or child support enforcement, as well as
183	personal information relating to the spouses and children of
184	such personnel, be made confidential and exempt from s.
185	119.07(1), Florida Statutes, and s. 24(a), Art. I of the State
186	Constitution. In the course of their occupational duties, these
187	employees routinely interact with individuals who have criminal
188	records or who are currently engaged in or suspected of criminal
189	activity. These employees also interact with the victims of
190	crimes. By participating in law enforcement activities, these
191	employees provide a valuable public service. However,
192	individuals with whom the employees interact in the course of
193	their duties may become disgruntled by the actions taken by the
194	employees or by legal proceedings begun against them as a result
195	of the employees' actions. This could result in the employees
196	and their families becoming targets for acts of violence.
197	Disclosure of the information protected by the public records
198	exemption in this act would jeopardize the safety of these
199	employees and their families. Therefore, it is the finding of
200	the Legislature that it is a public necessity to make
201	confidential and exempt from public records requirements
202	personal information concerning active or former law enforcement
203	personnel, including correctional and correctional probation
204	officers, personnel of the Department of Children and Family
205	Services whose duties include the investigation of abuse,
206	neglect, exploitation, fraud, theft, or other criminal
207	activities, personnel of the Department of Health whose duties
208	are to support the investigation of child abuse or neglect, and
209	personnel of the Department of Revenue or local governments
210	whose responsibilities include revenue collection and
211	enforcement or child support enforcement, as well as the names
212	of the spouses and children of such employees.
213	(2)  It is the further finding of the Legislature that it
214	is a public necessity that specified personal information
215	relating to current or former firefighters certified in
216	compliance with s. 633.35, Florida Statutes, as well as personal
217	information relating to the spouses and children of such
218	firefighters, be made confidential and exempt from s. 119.07(1),
219	Florida Statutes, and s. 24(a), Art. I of the State
220	Constitution. In the course of their occupational duties,
221	firefighters become involved in highly emotionally charged
222	situations in which deaths or significant property damage may
223	occur. An individual involved in such a situation may associate
224	the firefighters with the situation if the outcome is negative,
225	and may even blame the firefighters for such an outcome.
226	Firefighters may also become involved in criminal arson
227	investigations, the targets of which may become disgruntled by
228	the firefighters' role in legal proceedings begun against them.
229	This could result in the firefighters and their families
230	becoming targets for acts of violence. Disclosure of the
231	information protected by the public records exemption in this
232	act would jeopardize the safety of these firefighters and their
233	families. Therefore, it is the finding of the Legislature that
234	it is a public necessity that the home addresses, telephone
235	numbers, social security numbers, and photographs of current or
236	former firefighters certified in compliance with s. 633.35,
237	Florida Statutes, the names, home addresses, telephone numbers,
238	social security numbers, photographs, and places of employment
239	of the spouses and children of such firefighters, and the names
240	and locations of schools and day care facilities attended by the
241	children of such firefighters be made confidential and exempt
242	from public records requirements.
243	Section 3.  This act shall take effect July 1, 2011.

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