CS for SB 376 First Engrossed
2013376e1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating an exemption from public
4 records requirements for the names of the spouses and
5 children of active or former sworn or civilian law
6 enforcement personnel, including children and spouses
7 of correctional and correctional probation officers,
8 personnel of the Department of Children and Families
9 whose duties include the investigation of abuse,
10 neglect, exploitation, fraud, theft, or other criminal
11 activities, personnel of the Department of Health
12 whose duties are to support the investigation of child
13 abuse or neglect, and personnel of the Department of
14 Revenue or local governments whose responsibilities
15 include revenue collection and enforcement or child
16 support enforcement; providing for future review and
17 repeal of the exemption under the Open Government
18 Sunset Review Act; providing a statement of public
19 necessity; creating an exemption from public records
20 requirements for the names of the spouses and children
21 of current or former state attorneys, assistant state
22 attorneys, statewide prosecutors, and assistant
23 statewide prosecutors; providing for future review and
24 repeal of the exemption under the Open Government
25 Sunset Review Act; providing a statement of necessity;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (d) of subsection (4) of section
31 119.071, Florida Statutes, is amended to read:
32 119.071 General exemptions from inspection or copying of
33 public records.—
34 (4) AGENCY PERSONNEL INFORMATION.—
35 (d)1. For purposes of this paragraph, the term “telephone
36 numbers” includes home telephone numbers, personal cellular
37 telephone numbers, personal pager telephone numbers, and
38 telephone numbers associated with personal communications
39 devices.
40 2.a.(I) The home addresses, telephone numbers, social
41 security numbers, dates of birth, and photographs of active or
42 former sworn or civilian law enforcement personnel, including
43 correctional and correctional probation officers, personnel of
44 the Department of Children and Families Family Services whose
45 duties include the investigation of abuse, neglect,
46 exploitation, fraud, theft, or other criminal activities,
47 personnel of the Department of Health whose duties are to
48 support the investigation of child abuse or neglect, and
49 personnel of the Department of Revenue or local governments
50 whose responsibilities include revenue collection and
51 enforcement or child support enforcement; the home addresses,
52 telephone numbers, social security numbers, photographs, dates
53 of birth, and places of employment of the spouses and children
54 of such personnel; and the names and locations of schools and
55 day care facilities attended by the children of such personnel
56 are exempt from s. 119.07(1).
57 (II) The names of the spouses and children of active or
58 former sworn or civilian law enforcement personnel and the other
59 specified agency personnel identified in sub-sub-subparagraph
60 a.(I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
61 State Constitution.
62 (III) Sub-sub-subparagraph a.(II) is subject to the Open
63 Government Sunset Review Act in accordance with s. 119.15, and
64 shall stand repealed on October 2, 2018, unless reviewed and
65 saved from repeal through reenactment by the Legislature.
66 b. The home addresses, telephone numbers, dates of birth,
67 and photographs of firefighters certified in compliance with s.
68 633.35; the home addresses, telephone numbers, photographs,
69 dates of birth, and places of employment of the spouses and
70 children of such firefighters; and the names and locations of
71 schools and day care facilities attended by the children of such
72 firefighters are exempt from s. 119.07(1).
73 c. The home addresses, dates of birth, and telephone
74 numbers of current or former justices of the Supreme Court,
75 district court of appeal judges, circuit court judges, and
76 county court judges; the home addresses, telephone numbers,
77 dates of birth, and places of employment of the spouses and
78 children of current or former justices and judges; and the names
79 and locations of schools and day care facilities attended by the
80 children of current or former justices and judges are exempt
81 from s. 119.07(1).
82 d.(I) The home addresses, telephone numbers, social
83 security numbers, dates of birth, and photographs of current or
84 former state attorneys, assistant state attorneys, statewide
85 prosecutors, or assistant statewide prosecutors; the home
86 addresses, telephone numbers, social security numbers,
87 photographs, dates of birth, and places of employment of the
88 spouses and children of current or former state attorneys,
89 assistant state attorneys, statewide prosecutors, or assistant
90 statewide prosecutors; and the names and locations of schools
91 and day care facilities attended by the children of current or
92 former state attorneys, assistant state attorneys, statewide
93 prosecutors, or assistant statewide prosecutors are exempt from
94 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
95 (II) The names of the spouses and children of current or
96 former state attorneys, assistant state attorneys, statewide
97 prosecutors, or assistant statewide prosecutors are exempt from
98 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
99 (III) Sub-sub-subparagraph d.(II) is subject to the Open
100 Government Sunset Review Act in accordance with s. 119.15, and
101 shall stand repealed on October 2, 2018, unless reviewed and
102 saved from repeal through reenactment by the Legislature.
103 e. The home addresses, dates of birth, and telephone
104 numbers of general magistrates, special magistrates, judges of
105 compensation claims, administrative law judges of the Division
106 of Administrative Hearings, and child support enforcement
107 hearing officers; the home addresses, telephone numbers, dates
108 of birth, and places of employment of the spouses and children
109 of general magistrates, special magistrates, judges of
110 compensation claims, administrative law judges of the Division
111 of Administrative Hearings, and child support enforcement
112 hearing officers; and the names and locations of schools and day
113 care facilities attended by the children of general magistrates,
114 special magistrates, judges of compensation claims,
115 administrative law judges of the Division of Administrative
116 Hearings, and child support enforcement hearing officers are
117 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
118 Constitution if the general magistrate, special magistrate,
119 judge of compensation claims, administrative law judge of the
120 Division of Administrative Hearings, or child support hearing
121 officer provides a written statement that the general
122 magistrate, special magistrate, judge of compensation claims,
123 administrative law judge of the Division of Administrative
124 Hearings, or child support hearing officer has made reasonable
125 efforts to protect such information from being accessible
126 through other means available to the public.
127 f. The home addresses, telephone numbers, dates of birth,
128 and photographs of current or former human resource, labor
129 relations, or employee relations directors, assistant directors,
130 managers, or assistant managers of any local government agency
131 or water management district whose duties include hiring and
132 firing employees, labor contract negotiation, administration, or
133 other personnel-related duties; the names, home addresses,
134 telephone numbers, dates of birth, and places of employment of
135 the spouses and children of such personnel; and the names and
136 locations of schools and day care facilities attended by the
137 children of such personnel are exempt from s. 119.07(1) and s.
138 24(a), Art. I of the State Constitution.
139 g. The home addresses, telephone numbers, dates of birth,
140 and photographs of current or former code enforcement officers;
141 the names, home addresses, telephone numbers, dates of birth,
142 and places of employment of the spouses and children of such
143 personnel; and the names and locations of schools and day care
144 facilities attended by the children of such personnel are exempt
145 from s. 119.07(1) and s. 24(a), Art. I of the State
146 Constitution.
147 h. The home addresses, telephone numbers, places of
148 employment, dates of birth, and photographs of current or former
149 guardians ad litem, as defined in s. 39.820; the names, home
150 addresses, telephone numbers, dates of birth, and places of
151 employment of the spouses and children of such persons; and the
152 names and locations of schools and day care facilities attended
153 by the children of such persons are exempt from s. 119.07(1) and
154 s. 24(a), Art. I of the State Constitution, if the guardian ad
155 litem provides a written statement that the guardian ad litem
156 has made reasonable efforts to protect such information from
157 being accessible through other means available to the public.
158 i. The home addresses, telephone numbers, dates of birth,
159 and photographs of current or former juvenile probation
160 officers, juvenile probation supervisors, detention
161 superintendents, assistant detention superintendents, juvenile
162 justice detention officers I and II, juvenile justice detention
163 officer supervisors, juvenile justice residential officers,
164 juvenile justice residential officer supervisors I and II,
165 juvenile justice counselors, juvenile justice counselor
166 supervisors, human services counselor administrators, senior
167 human services counselor administrators, rehabilitation
168 therapists, and social services counselors of the Department of
169 Juvenile Justice; the names, home addresses, telephone numbers,
170 dates of birth, and places of employment of spouses and children
171 of such personnel; and the names and locations of schools and
172 day care facilities attended by the children of such personnel
173 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
174 Constitution.
175 j. The home addresses, telephone numbers, dates of birth,
176 and photographs of current or former public defenders, assistant
177 public defenders, criminal conflict and civil regional counsel,
178 and assistant criminal conflict and civil regional counsel; the
179 home addresses, telephone numbers, dates of birth, and places of
180 employment of the spouses and children of such defenders or
181 counsel; and the names and locations of schools and day care
182 facilities attended by the children of such defenders or counsel
183 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
184 Constitution.
185 k. The home addresses, telephone numbers, and photographs
186 of current or former investigators or inspectors of the
187 Department of Business and Professional Regulation; the names,
188 home addresses, telephone numbers, and places of employment of
189 the spouses and children of such current or former investigators
190 and inspectors; and the names and locations of schools and day
191 care facilities attended by the children of such current or
192 former investigators and inspectors are exempt from s. 119.07(1)
193 and s. 24(a), Art. I of the State Constitution if the
194 investigator or inspector has made reasonable efforts to protect
195 such information from being accessible through other means
196 available to the public. This sub-subparagraph is subject to the
197 Open Government Sunset Review Act in accordance with s. 119.15
198 and shall stand repealed on October 2, 2017, unless reviewed and
199 saved from repeal through reenactment by the Legislature.
200 l. The home addresses and telephone numbers of county tax
201 collectors; the names, home addresses, telephone numbers, and
202 places of employment of the spouses and children of such tax
203 collectors; and the names and locations of schools and day care
204 facilities attended by the children of such tax collectors are
205 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
206 Constitution if the county tax collector has made reasonable
207 efforts to protect such information from being accessible
208 through other means available to the public. This sub
209 subparagraph is subject to the Open Government Sunset Review Act
210 in accordance with s. 119.15 and shall stand repealed on October
211 2, 2017, unless reviewed and saved from repeal through
212 reenactment by the Legislature.
213 3. An agency that is the custodian of the information
214 specified in subparagraph 2. and that is not the employer of the
215 officer, employee, justice, judge, or other person specified in
216 subparagraph 2. shall maintain the exempt status of that
217 information only if the officer, employee, justice, judge, other
218 person, or employing agency of the designated employee submits a
219 written request for maintenance of the exemption to the
220 custodial agency.
221 4. The exemptions in this paragraph apply to information
222 held by an agency before, on, or after the effective date of the
223 exemption.
224 5. This paragraph is subject to the Open Government Sunset
225 Review Act in accordance with s. 119.15, and shall stand
226 repealed on October 2, 2017, unless reviewed and saved from
227 repeal through reenactment by the Legislature.
228 Section 2. (1) The Legislature finds that it is a public
229 necessity that the names of the spouses and children of active
230 or former sworn or civilian law enforcement personnel be made
231 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
232 Article I of the State Constitution. Sworn and civilian law
233 enforcement personnel in this state perform a variety of
234 important duties that ensure public safety and welfare and
235 encourage safe and civil communities. Correctional and
236 correctional probation officers work with felons, many of whom
237 have committed violent crimes. Personnel of the Department of
238 Children and Families whose duties include the investigation of
239 abuse, neglect, exploitation, fraud, theft, or other criminal
240 activities, and personnel of the Department of Health, work with
241 individuals who may be a danger to their own children and
242 families, as well as the children of others. Personnel of the
243 Department of Revenue or local governments whose
244 responsibilities include revenue collection and enforcement or
245 child support enforcement investigate and bring enforcement
246 actions against individuals who have failed to pay their lawful
247 taxes or failed to pay to support their children. As a result of
248 their duties, these sworn and civilian law enforcement personnel
249 often come in close contact with individuals who not only may be
250 a threat to these personnel, but who might seek to take revenge
251 against them by harming their spouses and children. Permitting
252 access to the names of the spouses and children of active or
253 former sworn or civilian law enforcement personnel provides a
254 means by which individuals who have been investigated, arrested,
255 interrogated, or incarcerated can identify and cause physical or
256 emotional harm to these spouses and children. The Legislature
257 therefore finds that the harm that may result from the release
258 of the names of spouses and children of such law enforcement
259 personnel outweighs any public benefit that may be derived from
260 the disclosure of the information.
261 (2) The Legislature finds that it is a public necessity
262 that the names of the spouses and children of current or former
263 state attorneys, assistant state attorneys, statewide
264 prosecutors, and assistant statewide prosecutors be made exempt
265 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
266 the State Constitution. State attorneys, assistant state
267 attorneys, statewide prosecutors, and assistant statewide
268 prosecutors prosecute individuals who are considered dangerous
269 and violent. Permitting access to the names of the spouses and
270 children of current or former state attorneys, assistant state
271 attorneys, statewide prosecutors, and assistant statewide
272 prosecutors provides a means by which a criminal defendant or a
273 friend or family member of such defendant could harm or threaten
274 with harm these spouses and children. The Legislature therefore
275 finds that the harm that may result from the release of the
276 names of spouses and children of such attorneys and prosecutors
277 outweighs any public benefit that may be derived from the
278 disclosure of the information.
279 Section 3. This act shall take effect October 1, 2013.