Florida Senate - 2012 CS for SB 906
By the Committee on Governmental Oversight and Accountability;
and Senator Hays
585-03562-12 2012906c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; exempting from public record
4 requirements identifying information relating to
5 certain personnel of county tax collectors and their
6 spouses and children; providing for future repeal and
7 legislative review of the exemption under the Open
8 Government Sunset Review Act; exempting from public
9 record requirements identifying information relating
10 to current and former investigators and inspectors of
11 the Department of Business and Professional Regulation
12 and their spouses and children; providing for future
13 repeal and legislative review of the exemption under
14 the Open Government Sunset Review Act; providing a
15 statement of public necessity; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (4) of section 119.071, Florida
21 Statutes, is amended to read:
22 119.071 General exemptions from inspection or copying of
23 public records.—
24 (4) AGENCY PERSONNEL INFORMATION.—
25 (a) The social security numbers of all current and former
26 agency employees which numbers are held by the employing agency
27 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
28 I of the State Constitution. This paragraph is subject to the
29 Open Government Sunset Review Act in accordance with s. 119.15
30 and shall stand repealed on October 2, 2014, unless reviewed and
31 saved from repeal through reenactment by the Legislature.
32 (b)1. Medical information pertaining to a prospective,
33 current, or former officer or employee of an agency which, if
34 disclosed, would identify that officer or employee is exempt
35 from s. 119.07(1) and s. 24(a), Art. I of the State
36 Constitution. However, such information may be disclosed if the
37 person to whom the information pertains or the person’s legal
38 representative provides written permission or pursuant to court
39 order.
40 2.a. Personal identifying information of a dependent child
41 of a current or former officer or employee of an agency, which
42 dependent child is insured by an agency group insurance plan, is
43 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
44 Constitution. For purposes of this exemption, “dependent child”
45 has the same meaning as in s. 409.2554.
46 b. This exemption is remedial in nature and applies to
47 personal identifying information held by an agency before, on,
48 or after the effective date of this exemption.
49 c. This subparagraph is subject to the Open Government
50 Sunset Review Act in accordance with s. 119.15 and shall stand
51 repealed on October 2, 2014, unless reviewed and saved from
52 repeal through reenactment by the Legislature.
53 (c) Any information revealing undercover personnel of any
54 criminal justice agency is exempt from s. 119.07(1) and s.
55 24(a), Art. I of the State Constitution.
56 (d)1.a. The home addresses, telephone numbers, social security
57 numbers, and photographs of active or former law enforcement
58 personnel, including correctional and correctional probation
59 officers, personnel of the Department of Children and Family
60 Services whose duties include the investigation of abuse,
61 neglect, exploitation, fraud, theft, or other criminal
62 activities, personnel of the Department of Health whose duties
63 are to support the investigation of child abuse or neglect, and
64 personnel of the Department of Revenue, county tax collectors,
65 or local governments whose responsibilities include revenue
66 collection and enforcement or child support enforcement; the
67 home addresses, telephone numbers, social security numbers,
68 photographs, and places of employment of the spouses and
69 children of such personnel; and the names and locations of
70 schools and day care facilities attended by the children of such
71 personnel are exempt from s. 119.07(1). This sub-subparagraph is
72 subject to the Open Government Sunset Review Act in accordance
73 with s. 119.15 and shall stand repealed on October 2, 2017,
74 unless reviewed and saved from repeal through reenactment by the
75 Legislature.
76 b. The home addresses, telephone numbers, and photographs
77 of firefighters certified in compliance with s. 633.35; the home
78 addresses, telephone numbers, photographs, and places of
79 employment of the spouses and children of such firefighters; and
80 the names and locations of schools and day care facilities
81 attended by the children of such firefighters are exempt from s.
82 119.07(1).
83 c. The home addresses and telephone numbers of justices of
84 the Supreme Court, district court of appeal judges, circuit
85 court judges, and county court judges; the home addresses,
86 telephone numbers, and places of employment of the spouses and
87 children of justices and judges; and the names and locations of
88 schools and day care facilities attended by the children of
89 justices and judges are exempt from s. 119.07(1).
90 d. The home addresses, telephone numbers, social security
91 numbers, and photographs of current or former state attorneys,
92 assistant state attorneys, statewide prosecutors, or assistant
93 statewide prosecutors; the home addresses, telephone numbers,
94 social security numbers, photographs, and places of employment
95 of the spouses and children of current or former state
96 attorneys, assistant state attorneys, statewide prosecutors, or
97 assistant statewide prosecutors; and the names and locations of
98 schools and day care facilities attended by the children of
99 current or former state attorneys, assistant state attorneys,
100 statewide prosecutors, or assistant statewide prosecutors are
101 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
102 Constitution.
103 e. The home addresses and telephone numbers of general
104 magistrates, special magistrates, judges of compensation claims,
105 administrative law judges of the Division of Administrative
106 Hearings, and child support enforcement hearing officers; the
107 home addresses, telephone numbers, and places of employment of
108 the spouses and children of general magistrates, special
109 magistrates, judges of compensation claims, administrative law
110 judges of the Division of Administrative Hearings, and child
111 support enforcement hearing officers; and the names and
112 locations of schools and day care facilities attended by the
113 children of general magistrates, special magistrates, judges of
114 compensation claims, administrative law judges of the Division
115 of Administrative Hearings, and child support enforcement
116 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
117 I of the State Constitution if the general magistrate, special
118 magistrate, judge of compensation claims, administrative law
119 judge of the Division of Administrative Hearings, or child
120 support hearing officer provides a written statement that the
121 general magistrate, special magistrate, judge of compensation
122 claims, administrative law judge of the Division of
123 Administrative Hearings, or child support hearing officer has
124 made reasonable efforts to protect such information from being
125 accessible through other means available to the public. This
126 sub-subparagraph is subject to the Open Government Sunset Review
127 Act in accordance with s. 119.15, and shall stand repealed on
128 October 2, 2013, unless reviewed and saved from repeal through
129 reenactment by the Legislature.
130 f. The home addresses, telephone numbers, and photographs
131 of current or former human resource, labor relations, or
132 employee relations directors, assistant directors, managers, or
133 assistant managers of any local government agency or water
134 management district whose duties include hiring and firing
135 employees, labor contract negotiation, administration, or other
136 personnel-related duties; the names, home addresses, telephone
137 numbers, and places of employment of the spouses and children of
138 such personnel; and the names and locations of schools and day
139 care facilities attended by the children of such personnel are
140 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
141 Constitution.
142 g. The home addresses, telephone numbers, and photographs
143 of current or former code enforcement officers; the names, home
144 addresses, telephone numbers, and places of employment of the
145 spouses and children of such personnel; and the names and
146 locations of schools and day care facilities attended by the
147 children of such personnel are exempt from s. 119.07(1) and s.
148 24(a), Art. I of the State Constitution.
149 h. The home addresses, telephone numbers, places of
150 employment, and photographs of current or former guardians ad
151 litem, as defined in s. 39.820; the names, home addresses,
152 telephone numbers, and places of employment of the spouses and
153 children of such persons; and the names and locations of schools
154 and day care facilities attended by the children of such persons
155 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
156 Constitution, if the guardian ad litem provides a written
157 statement that the guardian ad litem has made reasonable efforts
158 to protect such information from being accessible through other
159 means available to the public. This sub-subparagraph is subject
160 to the Open Government Sunset Review Act in accordance with s.
161 119.15 and shall stand repealed on October 2, 2015, unless
162 reviewed and saved from repeal through reenactment by the
163 Legislature.
164 i. The home addresses, telephone numbers, and photographs
165 of current or former juvenile probation officers, juvenile
166 probation supervisors, detention superintendents, assistant
167 detention superintendents, juvenile justice detention officers I
168 and II, juvenile justice detention officer supervisors, juvenile
169 justice residential officers, juvenile justice residential
170 officer supervisors I and II, juvenile justice counselors,
171 juvenile justice counselor supervisors, human services counselor
172 administrators, senior human services counselor administrators,
173 rehabilitation therapists, and social services counselors of the
174 Department of Juvenile Justice; the names, home addresses,
175 telephone numbers, and places of employment of spouses and
176 children of such personnel; and the names and locations of
177 schools and day care facilities attended by the children of such
178 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
179 the State Constitution.
180 j. The home addresses, telephone numbers, and photographs
181 of current or former public defenders, assistant public
182 defenders, criminal conflict and civil regional counsel, and
183 assistant criminal conflict and civil regional counsel; the home
184 addresses, telephone numbers, and places of employment of the
185 spouses and children of such defenders or counsel; and the names
186 and locations of schools and day care facilities attended by the
187 children of such defenders or counsel are exempt from s.
188 119.07(1) and s. 24(a), Art. I of the State Constitution. This
189 sub-subparagraph is subject to the Open Government Sunset Review
190 Act in accordance with s. 119.15 and shall stand repealed on
191 October 2, 2015, unless reviewed and saved from repeal through
192 reenactment by the Legislature.
193 k. The home addresses, telephone numbers, and photographs
194 of current or former investigators or inspectors of the
195 Department of Business and Professional Regulation; the names,
196 home addresses, telephone numbers, and places of employment of
197 the spouses and children of such current or former investigators
198 and inspectors; and the names and locations of schools and day
199 care facilities attended by the children of such current or
200 former investigators and inspectors are exempt from s. 119.07(1)
201 and s. 24(a), Art. I of the State Constitution if the
202 investigator or inspector has made reasonable efforts to protect
203 such information from being accessible through other means
204 available to the public. This sub-subparagraph is subject to the
205 Open Government Sunset Review Act in accordance with s. 119.15
206 and shall stand repealed on October 2, 2017, unless reviewed and
207 saved from repeal through reenactment by the Legislature.
208 2. An agency that is the custodian of the information
209 specified in subparagraph 1. and that is not the employer of the
210 officer, employee, justice, judge, or other person specified in
211 subparagraph 1. shall maintain the exempt status of that
212 information only if the officer, employee, justice, judge, other
213 person, or employing agency of the designated employee submits a
214 written request for maintenance of the exemption to the
215 custodial agency.
216 Section 2. The Legislature finds that it is a public
217 necessity that the home addresses, telephone numbers, and
218 photographs of personnel of county tax collectors whose
219 responsibilities include revenue collection and enforcement or
220 child support enforcement, the names, home addresses, telephone
221 numbers, and places of employment of the spouses and children of
222 such personnel, and the names and locations of schools and day
223 care facilities attended by the children of such personnel be
224 made exempt from public records requirements. It is also the
225 finding of the Legislature that it is a public necessity that
226 the home addresses, telephone numbers, and photographs of
227 current and former investigators and inspectors of the
228 Department of Business and Professional Regulation, the names,
229 home addresses, telephone numbers, and places of employment of
230 the spouses and children of such current or former investigators
231 and inspectors, and the names and locations of schools and day
232 care facilities attended by the children of such current or
233 former investigators and inspectors be made exempt from public
234 records requirements. The Legislature finds that the release of
235 such identifying and location information might place personnel
236 of county tax collectors and investigators and inspectors of the
237 Department of Business and Professional Regulation and their
238 family members in danger of physical and emotional harm from
239 disgruntled individuals who have contentious reactions to
240 revenue collection or enforcement actions or child support
241 enforcement actions of a county tax collector, or whose business
242 or professional practices have come under the scrutiny of
243 investigators and inspectors of the Department of Business and
244 Professional Regulation. The Legislature further finds that the
245 harm that may result from the release of such personal
246 identifying and location information outweighs any public
247 benefit that may be derived from the disclosure of the
248 information.
249 Section 3. This act shall take effect upon becoming a law.