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. |