Florida Senate - 2011                              CS for SB 600
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice
       
       
       
       585-02923-11                                           2011600c1
    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 identification and location information of certain
    6         current and former employees of the Department of
    7         Juvenile Justice and their family members; revising
    8         the job classifications specified in the exemption to
    9         reflect those classifications used by the department;
   10         removing the scheduled repeal of the exemption;
   11         providing an effective 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 home addresses,
   31  telephone numbers, social security numbers, photographs, and
   32  places of employment of the spouses and children of such
   33  personnel; and the names and locations of schools and day care
   34  facilities attended by the children of such personnel are exempt
   35  from s. 119.07(1).
   36         b. The home addresses, telephone numbers, and photographs
   37  of firefighters certified in compliance with s. 633.35; the home
   38  addresses, telephone numbers, photographs, and places of
   39  employment of the spouses and children of such firefighters; and
   40  the names and locations of schools and day care facilities
   41  attended by the children of such firefighters are exempt from s.
   42  119.07(1).
   43         c. The home addresses and telephone numbers of justices of
   44  the Supreme Court, district court of appeal judges, circuit
   45  court judges, and county court judges; the home addresses,
   46  telephone numbers, and places of employment of the spouses and
   47  children of justices and judges; and the names and locations of
   48  schools and day care facilities attended by the children of
   49  justices and judges are exempt from s. 119.07(1).
   50         d. The home addresses, telephone numbers, social security
   51  numbers, and photographs of current or former state attorneys,
   52  assistant state attorneys, statewide prosecutors, or assistant
   53  statewide prosecutors; the home addresses, telephone numbers,
   54  social security numbers, photographs, and places of employment
   55  of the spouses and children of current or former state
   56  attorneys, assistant state attorneys, statewide prosecutors, or
   57  assistant statewide prosecutors; and the names and locations of
   58  schools and day care facilities attended by the children of
   59  current or former state attorneys, assistant state attorneys,
   60  statewide prosecutors, or assistant statewide prosecutors are
   61  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution.
   63         e. The home addresses and telephone numbers of general
   64  magistrates, special magistrates, judges of compensation claims,
   65  administrative law judges of the Division of Administrative
   66  Hearings, and child support enforcement hearing officers; the
   67  home addresses, telephone numbers, and places of employment of
   68  the spouses and children of general magistrates, special
   69  magistrates, judges of compensation claims, administrative law
   70  judges of the Division of Administrative Hearings, and child
   71  support enforcement hearing officers; and the names and
   72  locations of schools and day care facilities attended by the
   73  children of general magistrates, special magistrates, judges of
   74  compensation claims, administrative law judges of the Division
   75  of Administrative Hearings, and child support enforcement
   76  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   77  I of the State Constitution if the general magistrate, special
   78  magistrate, judge of compensation claims, administrative law
   79  judge of the Division of Administrative Hearings, or child
   80  support hearing officer provides a written statement that the
   81  general magistrate, special magistrate, judge of compensation
   82  claims, administrative law judge of the Division of
   83  Administrative Hearings, or child support hearing officer has
   84  made reasonable efforts to protect such information from being
   85  accessible through other means available to the public. This
   86  sub-subparagraph is subject to the Open Government Sunset Review
   87  Act in accordance with s. 119.15, and shall stand repealed on
   88  October 2, 2013, unless reviewed and saved from repeal through
   89  reenactment by the Legislature.
   90         f. The home addresses, telephone numbers, and photographs
   91  of current or former human resource, labor relations, or
   92  employee relations directors, assistant directors, managers, or
   93  assistant managers of any local government agency or water
   94  management district whose duties include hiring and firing
   95  employees, labor contract negotiation, administration, or other
   96  personnel-related duties; the names, home addresses, telephone
   97  numbers, and places of employment of the spouses and children of
   98  such personnel; and the names and locations of schools and day
   99  care facilities attended by the children of such personnel are
  100  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  101  Constitution.
  102         g. The home addresses, telephone numbers, and photographs
  103  of current or former code enforcement officers; the names, home
  104  addresses, telephone numbers, and places of employment of the
  105  spouses and children of such personnel; and the names and
  106  locations of schools and day care facilities attended by the
  107  children of such personnel are exempt from s. 119.07(1) and s.
  108  24(a), Art. I of the State Constitution.
  109         h. The home addresses, telephone numbers, places of
  110  employment, and photographs of current or former guardians ad
  111  litem, as defined in s. 39.820; the names, home addresses,
  112  telephone numbers, and places of employment of the spouses and
  113  children of such persons; and the names and locations of schools
  114  and day care facilities attended by the children of such persons
  115  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  116  Constitution, if the guardian ad litem provides a written
  117  statement that the guardian ad litem has made reasonable efforts
  118  to protect such information from being accessible through other
  119  means available to the public. This sub-subparagraph is subject
  120  to the Open Government Sunset Review Act in accordance with s.
  121  119.15 and shall stand repealed on October 2, 2015, unless
  122  reviewed and saved from repeal through reenactment by the
  123  Legislature.
  124         i. The home addresses, telephone numbers, and photographs
  125  of current or former juvenile probation officers, juvenile
  126  probation supervisors, detention superintendents, assistant
  127  detention superintendents, senior juvenile justice detention
  128  officers I and II, juvenile justice detention officer
  129  supervisors, juvenile justice residential officers, juvenile
  130  justice residential officer supervisors I and II, juvenile
  131  justice counselors, juvenile justice counselor supervisors,
  132  human services counselor administrators, senior human services
  133  counselor administrators juvenile detention officers, house
  134  parents I and II, house parent supervisors, group treatment
  135  leaders, group treatment leader supervisors, rehabilitation
  136  therapists, and social services counselors of the Department of
  137  Juvenile Justice; the names, home addresses, telephone numbers,
  138  and places of employment of spouses and children of such
  139  personnel; and the names and locations of schools and day care
  140  facilities attended by the children of such personnel are exempt
  141  from s. 119.07(1) and s. 24(a), Art. I of the State
  142  Constitution. This sub-subparagraph is subject to the Open
  143  Government Sunset Review Act in accordance with s. 119.15 and
  144  shall stand repealed on October 2, 2011, unless reviewed and
  145  saved from repeal through reenactment by the Legislature.
  146         j. The home addresses, telephone numbers, and photographs
  147  of current or former public defenders, assistant public
  148  defenders, criminal conflict and civil regional counsel, and
  149  assistant criminal conflict and civil regional counsel; the home
  150  addresses, telephone numbers, and places of employment of the
  151  spouses and children of such defenders or counsel; and the names
  152  and locations of schools and day care facilities attended by the
  153  children of such defenders or counsel are exempt from s.
  154  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  155  sub-subparagraph is subject to the Open Government Sunset Review
  156  Act in accordance with s. 119.15 and shall stand repealed on
  157  October 2, 2015, unless reviewed and saved from repeal through
  158  reenactment by the Legislature.
  159         2. An agency that is the custodian of the information
  160  specified in subparagraph 1. and that is not the employer of the
  161  officer, employee, justice, judge, or other person specified in
  162  subparagraph 1. shall maintain the exempt status of that
  163  information only if the officer, employee, justice, judge, other
  164  person, or employing agency of the designated employee submits a
  165  written request for maintenance of the exemption to the
  166  custodial agency.
  167         Section 2. This act shall take effect October 1, 2011.