| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. |
| 3 | 119.071, F.S.; including dates of birth within the |
| 4 | types of personal identifying information of specified |
| 5 | agency personnel and the spouses and children of such |
| 6 | personnel that are exempt from public records |
| 7 | requirements under s. 119.071(4)(e), F.S.; clarifying |
| 8 | an exemption for personal identifying information of |
| 9 | active or former law enforcement personnel and the |
| 10 | spouses and children thereof; providing for future |
| 11 | legislative review and repeal of the exemptions; |
| 12 | defining the term "telephone numbers"; providing a |
| 13 | statement of public necessity; amending s. 409.2577, |
| 14 | F.S.; conforming a cross-reference; providing an |
| 15 | effective date. |
| 16 |
|
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
|
| 19 | Section 1. Subsection (4) of section 119.071, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 119.071 General exemptions from inspection or copying of |
| 22 | public records.- |
| 23 | (4) AGENCY PERSONNEL INFORMATION.- |
| 24 | (a) The social security numbers of all current and former |
| 25 | agency employees which numbers are held by the employing agency |
| 26 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 27 | I of the State Constitution. This paragraph is subject to the |
| 28 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 29 | and shall stand repealed on October 2, 2014, unless reviewed and |
| 30 | saved from repeal through reenactment by the Legislature. |
| 31 | (b)1. Medical information pertaining to a prospective, |
| 32 | current, or former officer or employee of an agency which, if |
| 33 | disclosed, would identify that officer or employee is exempt |
| 34 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 35 | Constitution. However, such information may be disclosed if the |
| 36 | person to whom the information pertains or the person's legal |
| 37 | representative provides written permission or pursuant to court |
| 38 | order. |
| 39 | 2.a. Personal identifying information of a dependent child |
| 40 | of a current or former officer or employee of an agency, which |
| 41 | dependent child is insured by an agency group insurance plan, is |
| 42 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 43 | Constitution. For purposes of this exemption, "dependent child" |
| 44 | has the same meaning as in s. 409.2554. |
| 45 | b. This exemption is remedial in nature and applies to |
| 46 | personal identifying information held by an agency before, on, |
| 47 | or after the effective date of this exemption. |
| 48 | c. This subparagraph is subject to the Open Government |
| 49 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 50 | repealed on October 2, 2014, unless reviewed and saved from |
| 51 | repeal through reenactment by the Legislature. |
| 52 | (c) Any information revealing undercover personnel of any |
| 53 | criminal justice agency is exempt from s. 119.07(1) and s. |
| 54 | 24(a), Art. I of the State Constitution. |
| 55 | (d) For purposes of this subsection, the term "telephone |
| 56 | numbers" includes home telephone numbers; personal cellular |
| 57 | telephone numbers; personal pager telephone numbers; telephone |
| 58 | numbers associated with personal communications devices; and |
| 59 | telephone numbers associated with agency cellular telephones, |
| 60 | pagers, or other personal communications devices issued or |
| 61 | assigned to agency personnel in furtherance of their duties. The |
| 62 | term "telephone numbers" does not include agency contact |
| 63 | telephone numbers that the agency commonly makes available to |
| 64 | the general public. |
| 65 | (e)(d)1.a. The home addresses, telephone numbers, social |
| 66 | security numbers, dates of birth, and photographs of active or |
| 67 | former sworn or civilian law enforcement personnel, including |
| 68 | correctional and correctional probation officers, personnel of |
| 69 | the Department of Children and Family Services whose duties |
| 70 | include the investigation of abuse, neglect, exploitation, |
| 71 | fraud, theft, or other criminal activities, personnel of the |
| 72 | Department of Health whose duties are to support the |
| 73 | investigation of child abuse or neglect, and personnel of the |
| 74 | Department of Revenue or local governments whose |
| 75 | responsibilities include revenue collection and enforcement or |
| 76 | child support enforcement; the home addresses, telephone |
| 77 | numbers, social security numbers, photographs, dates of birth, |
| 78 | and places of employment of the spouses and children of such |
| 79 | personnel; and the names and locations of schools and day care |
| 80 | facilities attended by the children of such personnel are exempt |
| 81 | from s. 119.07(1). This sub-subparagraph is subject to the Open |
| 82 | Government Sunset Review Act in accordance with s. 119.15 and |
| 83 | shall stand repealed on October 2, 2017, unless reviewed and |
| 84 | saved from repeal through reenactment by the Legislature. |
| 85 | b. The home addresses, telephone numbers, dates of birth, |
| 86 | and photographs of firefighters certified in compliance with s. |
| 87 | 633.35; the home addresses, telephone numbers, photographs, |
| 88 | dates of birth, and places of employment of the spouses and |
| 89 | children of such firefighters; and the names and locations of |
| 90 | schools and day care facilities attended by the children of such |
| 91 | firefighters are exempt from s. 119.07(1). This sub-subparagraph |
| 92 | is subject to the Open Government Sunset Review Act in |
| 93 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 94 | 2017, unless reviewed and saved from repeal through reenactment |
| 95 | by the Legislature. |
| 96 | c. The home addresses, dates of birth, and telephone |
| 97 | numbers of justices of the Supreme Court, district court of |
| 98 | appeal judges, circuit court judges, and county court judges; |
| 99 | the home addresses, telephone numbers, dates of birth, and |
| 100 | places of employment of the spouses and children of justices and |
| 101 | judges; and the names and locations of schools and day care |
| 102 | facilities attended by the children of justices and judges are |
| 103 | exempt from s. 119.07(1). This sub-subparagraph is subject to |
| 104 | the Open Government Sunset Review Act in accordance with s. |
| 105 | 119.15 and shall stand repealed on October 2, 2017, unless |
| 106 | reviewed and saved from repeal through reenactment by the |
| 107 | Legislature. |
| 108 | d. The home addresses, telephone numbers, social security |
| 109 | numbers, dates of birth, and photographs of current or former |
| 110 | state attorneys, assistant state attorneys, statewide |
| 111 | prosecutors, or assistant statewide prosecutors; the home |
| 112 | addresses, telephone numbers, social security numbers, |
| 113 | photographs, dates of birth, and places of employment of the |
| 114 | spouses and children of current or former state attorneys, |
| 115 | assistant state attorneys, statewide prosecutors, or assistant |
| 116 | statewide prosecutors; and the names and locations of schools |
| 117 | and day care facilities attended by the children of current or |
| 118 | former state attorneys, assistant state attorneys, statewide |
| 119 | prosecutors, or assistant statewide prosecutors are exempt from |
| 120 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 121 | This sub-subparagraph is subject to the Open Government Sunset |
| 122 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 123 | on October 2, 2017, unless reviewed and saved from repeal |
| 124 | through reenactment by the Legislature. |
| 125 | e. The home addresses, dates of birth, and telephone |
| 126 | numbers of general magistrates, special magistrates, judges of |
| 127 | compensation claims, administrative law judges of the Division |
| 128 | of Administrative Hearings, and child support enforcement |
| 129 | hearing officers; the home addresses, telephone numbers, dates |
| 130 | of birth, and places of employment of the spouses and children |
| 131 | of general magistrates, special magistrates, judges of |
| 132 | compensation claims, administrative law judges of the Division |
| 133 | of Administrative Hearings, and child support enforcement |
| 134 | hearing officers; and the names and locations of schools and day |
| 135 | care facilities attended by the children of general magistrates, |
| 136 | special magistrates, judges of compensation claims, |
| 137 | administrative law judges of the Division of Administrative |
| 138 | Hearings, and child support enforcement hearing officers are |
| 139 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 140 | Constitution if the general magistrate, special magistrate, |
| 141 | judge of compensation claims, administrative law judge of the |
| 142 | Division of Administrative Hearings, or child support hearing |
| 143 | officer provides a written statement that the general |
| 144 | magistrate, special magistrate, judge of compensation claims, |
| 145 | administrative law judge of the Division of Administrative |
| 146 | Hearings, or child support hearing officer has made reasonable |
| 147 | efforts to protect such information from being accessible |
| 148 | through other means available to the public. This sub- |
| 149 | subparagraph is subject to the Open Government Sunset Review Act |
| 150 | in accordance with s. 119.15, and shall stand repealed on |
| 151 | October 2, 2017 2013, unless reviewed and saved from repeal |
| 152 | through reenactment by the Legislature. |
| 153 | f. The home addresses, telephone numbers, dates of birth, |
| 154 | and photographs of current or former human resource, labor |
| 155 | relations, or employee relations directors, assistant directors, |
| 156 | managers, or assistant managers of any local government agency |
| 157 | or water management district whose duties include hiring and |
| 158 | firing employees, labor contract negotiation, administration, or |
| 159 | other personnel-related duties; the names, home addresses, |
| 160 | telephone numbers, dates of birth, and places of employment of |
| 161 | the spouses and children of such personnel; and the names and |
| 162 | locations of schools and day care facilities attended by the |
| 163 | children of such personnel are exempt from s. 119.07(1) and s. |
| 164 | 24(a), Art. I of the State Constitution. This sub-subparagraph |
| 165 | is subject to the Open Government Sunset Review Act in |
| 166 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 167 | 2017, unless reviewed and saved from repeal through reenactment |
| 168 | by the Legislature. |
| 169 | g. The home addresses, telephone numbers, dates of birth, |
| 170 | and photographs of current or former code enforcement officers; |
| 171 | the names, home addresses, telephone numbers, dates of birth, |
| 172 | and places of employment of the spouses and children of such |
| 173 | personnel; and the names and locations of schools and day care |
| 174 | facilities attended by the children of such personnel are exempt |
| 175 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 176 | Constitution. This sub-subparagraph is subject to the Open |
| 177 | Government Sunset Review Act in accordance with s. 119.15 and |
| 178 | shall stand repealed on October 2, 2017, unless reviewed and |
| 179 | saved from repeal through reenactment by the Legislature. |
| 180 | h. The home addresses, telephone numbers, places of |
| 181 | employment, dates of birth, and photographs of current or former |
| 182 | guardians ad litem, as defined in s. 39.820; the names, home |
| 183 | addresses, telephone numbers, dates of birth, and places of |
| 184 | employment of the spouses and children of such persons; and the |
| 185 | names and locations of schools and day care facilities attended |
| 186 | by the children of such persons are exempt from s. 119.07(1) and |
| 187 | s. 24(a), Art. I of the State Constitution, if the guardian ad |
| 188 | litem provides a written statement that the guardian ad litem |
| 189 | has made reasonable efforts to protect such information from |
| 190 | being accessible through other means available to the public. |
| 191 | This sub-subparagraph is subject to the Open Government Sunset |
| 192 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 193 | on October 2, 2017 2015, unless reviewed and saved from repeal |
| 194 | through reenactment by the Legislature. |
| 195 | i. The home addresses, telephone numbers, dates of birth, |
| 196 | and photographs of current or former juvenile probation |
| 197 | officers, juvenile probation supervisors, detention |
| 198 | superintendents, assistant detention superintendents, juvenile |
| 199 | justice detention officers I and II, juvenile justice detention |
| 200 | officer supervisors, juvenile justice residential officers, |
| 201 | juvenile justice residential officer supervisors I and II, |
| 202 | juvenile justice counselors, juvenile justice counselor |
| 203 | supervisors, human services counselor administrators, senior |
| 204 | human services counselor administrators, rehabilitation |
| 205 | therapists, and social services counselors of the Department of |
| 206 | Juvenile Justice; the names, home addresses, telephone numbers, |
| 207 | dates of birth, and places of employment of spouses and children |
| 208 | of such personnel; and the names and locations of schools and |
| 209 | day care facilities attended by the children of such personnel |
| 210 | are exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 211 | Constitution. This sub-subparagraph is subject to the Open |
| 212 | Government Sunset Review Act in accordance with s. 119.15 and |
| 213 | shall stand repealed on October 2, 2017, unless reviewed and |
| 214 | saved from repeal through reenactment by the Legislature. |
| 215 | j. The home addresses, telephone numbers, dates of birth, |
| 216 | and photographs of current or former public defenders, assistant |
| 217 | public defenders, criminal conflict and civil regional counsel, |
| 218 | and assistant criminal conflict and civil regional counsel; the |
| 219 | home addresses, telephone numbers, dates of birth, and places of |
| 220 | employment of the spouses and children of such defenders or |
| 221 | counsel; and the names and locations of schools and day care |
| 222 | facilities attended by the children of such defenders or counsel |
| 223 | are exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 224 | Constitution. This sub-subparagraph is subject to the Open |
| 225 | Government Sunset Review Act in accordance with s. 119.15 and |
| 226 | shall stand repealed on October 2, 2017 2015, unless reviewed |
| 227 | and saved from repeal through reenactment by the Legislature. |
| 228 | 2. An agency that is the custodian of the information |
| 229 | specified in subparagraph 1. and that is not the employer of the |
| 230 | officer, employee, justice, judge, or other person specified in |
| 231 | subparagraph 1. shall maintain the exempt status of that |
| 232 | information only if the officer, employee, justice, judge, other |
| 233 | person, or employing agency of the designated employee submits a |
| 234 | written request for maintenance of the exemption to the |
| 235 | custodial agency. |
| 236 | Section 2. It is the finding of the Legislature that it is |
| 237 | a public necessity that the dates of birth of agency personnel |
| 238 | enumerated in s. 119.071(4)(e), Florida Statutes, and the |
| 239 | spouses and children of such personnel be included within the |
| 240 | types of personal identifying information for such agency |
| 241 | personnel and the spouses and children thereof that are exempt |
| 242 | from public records requirements under s. 119.071(4)(e), Florida |
| 243 | Statutes. It is the finding of the Legislature that date of |
| 244 | birth information can be used as a tool to perpetuate fraud |
| 245 | against an individual and to acquire sensitive personal, |
| 246 | financial, medical, and familial information, the release of |
| 247 | which could cause great financial or personal harm to an |
| 248 | individual. It is also the finding of the Legislature that, with |
| 249 | respect to the existing exemptions from public records |
| 250 | requirements for the telephone numbers of agency personnel |
| 251 | enumerated in s. 119.071(4)(e), Florida Statutes, and the |
| 252 | telephone numbers of the spouses and children of such personnel, |
| 253 | the term "telephone number" should be defined and clarified to |
| 254 | include personal pager numbers. It is the finding of the |
| 255 | Legislature that personal pager numbers, along with personal |
| 256 | cellular telephone numbers, telephone numbers associated with |
| 257 | personal communications devices, and telephone numbers |
| 258 | associated with agency cellular telephones, pagers, or other |
| 259 | personal communications devices issued or assigned to agency |
| 260 | personnel in furtherance of their duties, constitute another |
| 261 | means by which any of the agency personnel enumerated in s. |
| 262 | 119.071(4)(e), Florida Statutes, and the spouses and children of |
| 263 | such personnel could potentially be identified, located, and |
| 264 | subsequently put at risk. |
| 265 | Section 3. Section 409.2577, Florida Statutes, is amended |
| 266 | to read: |
| 267 | 409.2577 Parent locator service.-The department shall |
| 268 | establish a parent locator service to assist in locating parents |
| 269 | who have deserted their children and other persons liable for |
| 270 | support of dependent children. The department shall use all |
| 271 | sources of information available, including the Federal Parent |
| 272 | Locator Service, and may request and shall receive information |
| 273 | from the records of any person or the state or any of its |
| 274 | political subdivisions or any officer thereof. Any agency as |
| 275 | defined in s. 120.52, any political subdivision, and any other |
| 276 | person shall, upon request, provide the department any |
| 277 | information relating to location, salary, insurance, social |
| 278 | security, income tax, and employment history necessary to locate |
| 279 | parents who owe or potentially owe a duty of support pursuant to |
| 280 | Title IV-D of the Social Security Act. This provision shall |
| 281 | expressly take precedence over any other statutory nondisclosure |
| 282 | provision which limits the ability of an agency to disclose such |
| 283 | information, except that law enforcement information as provided |
| 284 | in s. 119.071(4)(e) 119.071(4)(d) is not required to be |
| 285 | disclosed, and except that confidential taxpayer information |
| 286 | possessed by the Department of Revenue shall be disclosed only |
| 287 | to the extent authorized in s. 213.053(16). Nothing in this |
| 288 | section requires the disclosure of information if such |
| 289 | disclosure is prohibited by federal law. Information gathered or |
| 290 | used by the parent locator service is confidential and exempt |
| 291 | from the provisions of s. 119.07(1). Additionally, the |
| 292 | department is authorized to collect any additional information |
| 293 | directly bearing on the identity and whereabouts of a person |
| 294 | owing or asserted to be owing an obligation of support for a |
| 295 | dependent child. The department shall, upon request, make |
| 296 | information available only to public officials and agencies of |
| 297 | this state; political subdivisions of this state, including any |
| 298 | agency thereof providing child support enforcement services to |
| 299 | non-Title IV-D clients; the parent owed support, legal guardian, |
| 300 | attorney, or agent of the child; and other states seeking to |
| 301 | locate parents who have deserted their children and other |
| 302 | persons liable for support of dependents, for the sole purpose |
| 303 | of establishing, modifying, or enforcing their liability for |
| 304 | support, and shall make such information available to the |
| 305 | Department of Children and Family Services for the purpose of |
| 306 | diligent search activities pursuant to chapter 39. If the |
| 307 | department has reasonable evidence of domestic violence or child |
| 308 | abuse and the disclosure of information could be harmful to the |
| 309 | parent owed support or the child of such parent, the child |
| 310 | support program director or designee shall notify the Department |
| 311 | of Children and Family Services and the Secretary of the United |
| 312 | States Department of Health and Human Services of this evidence. |
| 313 | Such evidence is sufficient grounds for the department to |
| 314 | disapprove an application for location services. |
| 315 | Section 4. This act shall take effect October 1, 2012. |