Florida Senate - 2011 SB 600
By the Committee on Criminal Justice
591-00935-11 2011600__
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., which
4 provides an exemption from public-records requirements
5 for certain records relating to current and former
6 employees of the Department of Juvenile Justice and
7 their family members, including juvenile probation
8 officers and supervisors, detention and assistant
9 detention superintendents, juvenile justice detention
10 officers and supervisors, juvenile justice residential
11 officers and supervisors, juvenile justice counselors
12 and supervisors, human service counselor
13 administrators, senior human services counselor
14 administrators, rehabilitation therapists, and social
15 services counselors; requiring a written statement
16 indicating reasonable efforts to protect such
17 information from being accessible through other means
18 available to the public; saving the exemption from
19 repeal under the Open Government Sunset Review Act;
20 removing the scheduled repeal of the exemption;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (d) of subsection (4) of section
26 119.071, Florida Statutes, is amended to read:
27 119.071 General exemptions from inspection or copying of
28 public records.—
29 (4) AGENCY PERSONNEL INFORMATION.—
30 (d)1.a. The home addresses, telephone numbers, social
31 security numbers, and photographs of active or former law
32 enforcement personnel, including correctional and correctional
33 probation officers, personnel of the Department of Children and
34 Family Services whose duties include the investigation of abuse,
35 neglect, exploitation, fraud, theft, or other criminal
36 activities, personnel of the Department of Health whose duties
37 are to support the investigation of child abuse or neglect, and
38 personnel of the Department of Revenue or local governments
39 whose responsibilities include revenue collection and
40 enforcement or child support enforcement; the home addresses,
41 telephone numbers, social security numbers, photographs, and
42 places of employment of the spouses and children of such
43 personnel; and the names and locations of schools and day care
44 facilities attended by the children of such personnel are exempt
45 from s. 119.07(1).
46 b. The home addresses, telephone numbers, and photographs
47 of firefighters certified in compliance with s. 633.35; the home
48 addresses, telephone numbers, photographs, and places of
49 employment of the spouses and children of such firefighters; and
50 the names and locations of schools and day care facilities
51 attended by the children of such firefighters are exempt from s.
52 119.07(1).
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 justice detention
138 officers I and II, juvenile justice detention officer
139 supervisors, juvenile justice residential officers, juvenile
140 justice residential officer supervisors I and II, juvenile
141 justice counselors, juvenile justice counselor supervisors,
142 human services counselor administrators, senior human services
143 counselor administrators juvenile detention officers, house
144 parents I and II, house parent supervisors, group treatment
145 leaders, group treatment leader supervisors, rehabilitation
146 therapists, and social services counselors of the Department of
147 Juvenile Justice; the names, home addresses, telephone numbers,
148 and places of employment of spouses and children of such
149 personnel; and the names and locations of schools and day care
150 facilities attended by the children of such personnel are exempt
151 from s. 119.07(1) and s. 24(a), Art. I of the State
152 Constitution, if any such personnel of the Department of
153 Juvenile Justice provides a written statement that he or she has
154 made reasonable efforts to protect such information from being
155 accessible through other means available to the public. This
156 sub-subparagraph is subject to the Open Government Sunset Review
157 Act in accordance with s. 119.15 and shall stand repealed on
158 October 2, 2011, unless reviewed and saved from repeal through
159 reenactment by the Legislature.
160 j. The home addresses, telephone numbers, and photographs
161 of current or former public defenders, assistant public
162 defenders, criminal conflict and civil regional counsel, and
163 assistant criminal conflict and civil regional counsel; the home
164 addresses, telephone numbers, and places of employment of the
165 spouses and children of such defenders or counsel; and the names
166 and locations of schools and day care facilities attended by the
167 children of such defenders or counsel are exempt from s.
168 119.07(1) and s. 24(a), Art. I of the State Constitution. This
169 sub-subparagraph is subject to the Open Government Sunset Review
170 Act in accordance with s. 119.15 and shall stand repealed on
171 October 2, 2015, unless reviewed and saved from repeal through
172 reenactment by the Legislature.
173 2. An agency that is the custodian of the information
174 specified in subparagraph 1. and that is not the employer of the
175 officer, employee, justice, judge, or other person specified in
176 subparagraph 1. shall maintain the exempt status of that
177 information only if the officer, employee, justice, judge, other
178 person, or employing agency of the designated employee submits a
179 written request for maintenance of the exemption to the
180 custodial agency.
181 Section 2. This act shall take effect July 1, 2011.