Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 916
Barcode 481924
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/22/2012 .
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The Committee on Criminal Justice (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (d) of subsection (4) of section
6 119.071, Florida Statutes, is amended to read:
7 119.071 General exemptions from inspection or copying of
8 public records.—
9 (4) AGENCY PERSONNEL INFORMATION.—
10 (d)1. For purposes of this paragraph, the term “telephone
11 numbers” includes home telephone numbers, personal cellular
12 telephone numbers, personal pager telephone numbers, and
13 telephone numbers associated with personal communications
14 devices.
15 2.a. The home addresses, telephone numbers, social security
16 numbers, dates of birth, and photographs of active or former
17 sworn or civilian law enforcement personnel, including
18 correctional and correctional probation officers, personnel of
19 the Department of Children and Family Services whose duties
20 include the investigation of abuse, neglect, exploitation,
21 fraud, theft, or other criminal activities, personnel of the
22 Department of Health whose duties are to support the
23 investigation of child abuse or neglect, and personnel of the
24 Department of Revenue or local governments whose
25 responsibilities include revenue collection and enforcement or
26 child support enforcement; the home addresses, telephone
27 numbers, social security numbers, photographs, dates of birth,
28 and places of employment of the spouses and children of such
29 personnel; and the names and locations of schools and day care
30 facilities attended by the children of such personnel are exempt
31 from s. 119.07(1).
32 b. The home addresses, telephone numbers, dates of birth,
33 and photographs of firefighters certified in compliance with s.
34 633.35; the home addresses, telephone numbers, photographs,
35 dates of birth, and places of employment of the spouses and
36 children of such firefighters; and the names and locations of
37 schools and day care facilities attended by the children of such
38 firefighters are exempt from s. 119.07(1).
39 c. The home addresses, dates of birth, and telephone
40 numbers of current or former justices of the Supreme Court,
41 district court of appeal judges, circuit court judges, and
42 county court judges; the home addresses, telephone numbers,
43 dates of birth, and places of employment of the spouses and
44 children of current or former justices and judges; and the names
45 and locations of schools and day care facilities attended by the
46 children of current or former justices and judges are exempt
47 from s. 119.07(1).
48 d. The home addresses, telephone numbers, social security
49 numbers, dates of birth, and photographs of current or former
50 state attorneys, assistant state attorneys, statewide
51 prosecutors, or assistant statewide prosecutors; the home
52 addresses, telephone numbers, social security numbers,
53 photographs, dates of birth, and places of employment of the
54 spouses and children of current or former state attorneys,
55 assistant state attorneys, statewide prosecutors, or assistant
56 statewide prosecutors; and the names and locations of schools
57 and day care facilities attended by the children of current or
58 former state attorneys, assistant state attorneys, statewide
59 prosecutors, or assistant statewide prosecutors are exempt from
60 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
61 e. The home addresses, dates of birth, and telephone
62 numbers of general magistrates, special magistrates, judges of
63 compensation claims, administrative law judges of the Division
64 of Administrative Hearings, and child support enforcement
65 hearing officers; the home addresses, telephone numbers, dates
66 of birth, and places of employment of the spouses and children
67 of general magistrates, special magistrates, judges of
68 compensation claims, administrative law judges of the Division
69 of Administrative Hearings, and child support enforcement
70 hearing officers; and the names and locations of schools and day
71 care facilities attended by the children of general magistrates,
72 special magistrates, judges of compensation claims,
73 administrative law judges of the Division of Administrative
74 Hearings, and child support enforcement hearing officers are
75 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
76 Constitution if the general magistrate, special magistrate,
77 judge of compensation claims, administrative law judge of the
78 Division of Administrative Hearings, or child support hearing
79 officer provides a written statement that the general
80 magistrate, special magistrate, judge of compensation claims,
81 administrative law judge of the Division of Administrative
82 Hearings, or child support hearing officer has made reasonable
83 efforts to protect such information from being accessible
84 through other means available to the public. This sub
85 subparagraph is subject to the Open Government Sunset Review Act
86 in accordance with s. 119.15, and shall stand repealed on
87 October 2, 2013, unless reviewed and saved from repeal through
88 reenactment by the Legislature.
89 f. The home addresses, telephone numbers, dates of birth,
90 and photographs of current or former human resource, labor
91 relations, or employee relations directors, assistant directors,
92 managers, or assistant managers of any local government agency
93 or water management district whose duties include hiring and
94 firing employees, labor contract negotiation, administration, or
95 other personnel-related duties; the names, home addresses,
96 telephone numbers, dates of birth, and places of employment of
97 the spouses and children of such personnel; and the names and
98 locations of schools and day care facilities attended by the
99 children of such personnel are exempt from s. 119.07(1) and s.
100 24(a), Art. I of the State Constitution.
101 g. The home addresses, telephone numbers, dates of birth,
102 and photographs of current or former code enforcement officers;
103 the names, home addresses, telephone numbers, dates of birth,
104 and places of employment of the spouses and children of such
105 personnel; and the names and locations of schools and day care
106 facilities attended by the children of such personnel are exempt
107 from s. 119.07(1) and s. 24(a), Art. I of the State
108 Constitution.
109 h. The home addresses, telephone numbers, places of
110 employment, dates of birth, and photographs of current or former
111 guardians ad litem, as defined in s. 39.820; the names, home
112 addresses, telephone numbers, dates of birth, and places of
113 employment of the spouses and children of such persons; and the
114 names and locations of schools and day care facilities attended
115 by the children of such persons are exempt from s. 119.07(1) and
116 s. 24(a), Art. I of the State Constitution, if the guardian ad
117 litem provides a written statement that the guardian ad litem
118 has made reasonable efforts to protect such information from
119 being accessible through other means available to the public.
120 This sub-subparagraph is subject to the Open Government Sunset
121 Review Act in accordance with s. 119.15 and shall stand repealed
122 on October 2, 2015, unless reviewed and saved from repeal
123 through reenactment by the Legislature.
124 i. The home addresses, telephone numbers, dates of birth,
125 and photographs of current or former juvenile probation
126 officers, juvenile probation supervisors, detention
127 superintendents, assistant detention superintendents, juvenile
128 justice detention officers I and II, juvenile justice detention
129 officer supervisors, juvenile justice residential officers,
130 juvenile justice residential officer supervisors I and II,
131 juvenile justice counselors, juvenile justice counselor
132 supervisors, human services counselor administrators, senior
133 human services counselor administrators, rehabilitation
134 therapists, and social services counselors of the Department of
135 Juvenile Justice; the names, home addresses, telephone numbers,
136 dates of birth, and places of employment of spouses and children
137 of such personnel; and the names and locations of schools and
138 day care facilities attended by the children of such personnel
139 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
140 Constitution.
141 j. The home addresses, telephone numbers, dates of birth,
142 and photographs of current or former public defenders, assistant
143 public defenders, criminal conflict and civil regional counsel,
144 and assistant criminal conflict and civil regional counsel; the
145 home addresses, telephone numbers, dates of birth, and places of
146 employment of the spouses and children of such defenders or
147 counsel; and the names and locations of schools and day care
148 facilities attended by the children of such defenders or counsel
149 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
150 Constitution. This sub-subparagraph is subject to the Open
151 Government Sunset Review Act in accordance with s. 119.15 and
152 shall stand repealed on October 2, 2015, unless reviewed and
153 saved from repeal through reenactment by the Legislature.
154 3.2. An agency that is the custodian of the information
155 specified in subparagraph 2. 1. and that is not the employer of
156 the officer, employee, justice, judge, or other person specified
157 in subparagraph 2. 1. shall maintain the exempt status of that
158 information only if the officer, employee, justice, judge, other
159 person, or employing agency of the designated employee submits a
160 written request for maintenance of the exemption to the
161 custodial agency.
162 4. The exemptions in this paragraph apply to information
163 held by an agency before, on, or after the effective date of the
164 exemption.
165 5. This paragraph is subject to the Open Government Sunset
166 Review Act in accordance with s. 119.15, and shall stand
167 repealed on October 2, 2017, unless reviewed and saved from
168 repeal through reenactment by the Legislature.
169 Section 2. (1) It is the finding of the Legislature that
170 the dates of birth of agency personnel enumerated in s.
171 119.071(4)(d), Florida Statutes, and of the spouses and children
172 of such personnel be included within the types of identification
173 and location information for such agency personnel and the
174 spouses and children thereof that are exempt from public record
175 requirements under s. 119.071(4)(d), Florida Statutes. It is the
176 finding of the Legislature that date of birth information can be
177 used as a tool to perpetuate fraud against an individual and to
178 acquire sensitive personal, financial, medical, and familial
179 information, the release of which could cause great financial
180 harm to an individual. It is also the finding of the Legislature
181 that, with respect to the existing exemptions from public record
182 requirements for the telephone numbers of agency personnel
183 enumerated in s. 119.071(4)(d), Florida Statutes, and the
184 telephone numbers of the spouses and children of such personnel,
185 the term “telephone number” should be defined and clarified to
186 include personal pager numbers. Personal pager numbers are
187 another means by which any of the agency personnel enumerated in
188 s. 119.071(4)(d), Florida Statutes, and the spouses and children
189 of such personnel, could potentially be identified, located, and
190 put at risk.
191 (2) It is the further finding of the Legislature that
192 specified identification and location information for former
193 justices of the Supreme Court, district court of appeal judges,
194 circuit court judges, and county court judges, and for the
195 spouses and children of such former justices and judges, should
196 be exempt from public record requirements. In the course of
197 making rulings, entering judgments, imposing sentences on the
198 convicted, or reviewing cases from other courts, justices and
199 judges frequently do not create good will with litigants, the
200 accused, the convicted, and their associates and families, thus
201 making the justices and judges, and their spouses and children,
202 targets for acts of revenge. This risk continues after justices
203 and judges complete their public service. Disgruntled
204 individuals may wait to commit an act of revenge until the
205 employment of a justice or judge ends. If such identifying and
206 location information were released, the safety of former
207 justices and judges and their spouses and children could be
208 seriously jeopardized. Accordingly, it is the finding of the
209 Legislature that, in addition to the existing exemption from
210 public record requirements for specified identifying and
211 location information for current justices of the Supreme Court,
212 district court of appeal judges, circuit court judges, and
213 county court judges, and for their spouses and children, it is a
214 public necessity that such identifying and location information
215 for such former justices and judges and their spouses and
216 children be made exempt from public record requirements.
217 Section 3. This act shall take effect October 1, 2012.
218
219 ================= T I T L E A M E N D M E N T ================
220 And the title is amended as follows:
221 Delete everything before the enacting clause
222 and insert:
223 A bill to be entitled
224 An act relating to public records; amending s.
225 119.071, F.S.; including dates of birth within the
226 types of personal identifying information of specified
227 agency personnel and the spouses and children of such
228 personnel that are exempt from public records
229 requirements under s. 119.071(4)(d), F.S.; clarifying
230 an exemption for personal identifying information of
231 active or former law enforcement personnel and the
232 spouses and children thereof; revising the exemption
233 for personal identifying and location information of
234 justices of the Supreme Court, district court of
235 appeal judges, circuit court judges, and county court
236 judges, and the spouses and children of such justices
237 and judges, to include former justices of the Supreme
238 Court, district court of appeal judges, circuit court
239 judges, and county court judges, and the spouses and
240 children thereof; providing for retroactive
241 application of the exemptions; providing for future
242 legislative review and repeal of the exemptions;
243 defining the term “telephone numbers”; providing a
244 statement of public necessity; providing an effective
245 date.