| 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 for |
| 5 | identification and location information of certain current |
| 6 | and former employees of the Department of Juvenile Justice |
| 7 | and their family members; revising the job classifications |
| 8 | specified in the exemption to reflect those |
| 9 | classifications used by the department; removing the |
| 10 | scheduled repeal of the exemption; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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. |