Florida Senate - 2014 SB 414
By Senator Dean
5-00359-14 2014414__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing an exemption from public
4 records requirements for certain personal identifying
5 information of current and former researchers whose
6 duties include or included experimenting on animals
7 for the purpose of conducting life-sustaining medical
8 research at a public research facility, including a
9 university; providing for future review and repeal of
10 the exemption under the Open Government Sunset Review
11 Act; providing a statement of public necessity;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (d) of subsection (4) of section
17 119.071, Florida Statutes, is amended to read:
18 119.071 General exemptions from inspection or copying of
19 public records.—
20 (4) AGENCY PERSONNEL INFORMATION.—
21 (d)1. For purposes of this paragraph, the term “telephone
22 numbers” includes home telephone numbers, personal cellular
23 telephone numbers, personal pager telephone numbers, and
24 telephone numbers associated with personal communications
25 devices.
26 2.a.(I) The home addresses, telephone numbers, social
27 security numbers, dates of birth, and photographs of active or
28 former sworn or civilian law enforcement personnel, including
29 correctional and correctional probation officers, personnel of
30 the Department of Children and Families whose duties include the
31 investigation of abuse, neglect, exploitation, fraud, theft, or
32 other criminal activities, personnel of the Department of Health
33 whose duties are to support the investigation of child abuse or
34 neglect, and personnel of the Department of Revenue or local
35 governments whose responsibilities include revenue collection
36 and enforcement or child support enforcement; the home
37 addresses, telephone numbers, social security numbers,
38 photographs, dates of birth, and places of employment of the
39 spouses and children of such personnel; and the names and
40 locations of schools and day care facilities attended by the
41 children of such personnel are exempt from s. 119.07(1).
42 (II) The names of the spouses and children of active or
43 former sworn or civilian law enforcement personnel and the other
44 specified agency personnel identified in sub-sub-subparagraph
45 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
46 State Constitution.
47 (III) Sub-sub-subparagraph (II) is subject to the Open
48 Government Sunset Review Act in accordance with s. 119.15, and
49 shall stand repealed on October 2, 2018, unless reviewed and
50 saved from repeal through reenactment by the Legislature.
51 b. The home addresses, telephone numbers, dates of birth,
52 and photographs of firefighters certified in compliance with s.
53 633.408; the home addresses, telephone numbers, photographs,
54 dates of birth, and places of employment of the spouses and
55 children of such firefighters; and the names and locations of
56 schools and day care facilities attended by the children of such
57 firefighters are exempt from s. 119.07(1).
58 c. The home addresses, dates of birth, and telephone
59 numbers of current or former justices of the Supreme Court,
60 district court of appeal judges, circuit court judges, and
61 county court judges; the home addresses, telephone numbers,
62 dates of birth, and places of employment of the spouses and
63 children of current or former justices and judges; and the names
64 and locations of schools and day care facilities attended by the
65 children of current or former justices and judges are exempt
66 from s. 119.07(1).
67 d.(I) The home addresses, telephone numbers, social
68 security numbers, dates of birth, and photographs of current or
69 former state attorneys, assistant state attorneys, statewide
70 prosecutors, or assistant statewide prosecutors; the home
71 addresses, telephone numbers, social security numbers,
72 photographs, dates of birth, and places of employment of the
73 spouses and children of current or former state attorneys,
74 assistant state attorneys, statewide prosecutors, or assistant
75 statewide prosecutors; and the names and locations of schools
76 and day care facilities attended by the children of current or
77 former state attorneys, assistant state attorneys, statewide
78 prosecutors, or assistant statewide prosecutors are exempt from
79 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
80 (II) The names of the spouses and children of current or
81 former state attorneys, assistant state attorneys, statewide
82 prosecutors, or assistant statewide prosecutors are exempt from
83 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
84 (III) Sub-sub-subparagraph (II) is subject to the Open
85 Government Sunset Review Act in accordance with s. 119.15, and
86 shall stand repealed on October 2, 2018, unless reviewed and
87 saved from repeal through reenactment by the Legislature.
88 e. The home addresses, dates of birth, and telephone
89 numbers of general magistrates, special magistrates, judges of
90 compensation claims, administrative law judges of the Division
91 of Administrative Hearings, and child support enforcement
92 hearing officers; the home addresses, telephone numbers, dates
93 of birth, and places of employment of the spouses and children
94 of general magistrates, special magistrates, judges of
95 compensation claims, administrative law judges of the Division
96 of Administrative Hearings, and child support enforcement
97 hearing officers; and the names and locations of schools and day
98 care facilities attended by the children of general magistrates,
99 special magistrates, judges of compensation claims,
100 administrative law judges of the Division of Administrative
101 Hearings, and child support enforcement hearing officers are
102 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
103 Constitution if the general magistrate, special magistrate,
104 judge of compensation claims, administrative law judge of the
105 Division of Administrative Hearings, or child support hearing
106 officer provides a written statement that the general
107 magistrate, special magistrate, judge of compensation claims,
108 administrative law judge of the Division of Administrative
109 Hearings, or child support hearing officer has made reasonable
110 efforts to protect such information from being accessible
111 through other means available to the public.
112 f. The home addresses, telephone numbers, dates of birth,
113 and photographs of current or former human resource, labor
114 relations, or employee relations directors, assistant directors,
115 managers, or assistant managers of any local government agency
116 or water management district whose duties include hiring and
117 firing employees, labor contract negotiation, administration, or
118 other personnel-related duties; the names, home addresses,
119 telephone numbers, dates of birth, and places of employment of
120 the spouses and children of such personnel; and the names and
121 locations of schools and day care facilities attended by the
122 children of such personnel are exempt from s. 119.07(1) and s.
123 24(a), Art. I of the State Constitution.
124 g. The home addresses, telephone numbers, dates of birth,
125 and photographs of current or former code enforcement officers;
126 the names, home addresses, telephone numbers, dates of birth,
127 and places of employment of the spouses and children of such
128 personnel; and the names and locations of schools and day care
129 facilities attended by the children of such personnel are exempt
130 from s. 119.07(1) and s. 24(a), Art. I of the State
131 Constitution.
132 h. The home addresses, telephone numbers, places of
133 employment, dates of birth, and photographs of current or former
134 guardians ad litem, as defined in s. 39.820; the names, home
135 addresses, telephone numbers, dates of birth, and places of
136 employment of the spouses and children of such persons; and the
137 names and locations of schools and day care facilities attended
138 by the children of such persons are exempt from s. 119.07(1) and
139 s. 24(a), Art. I of the State Constitution, if the guardian ad
140 litem provides a written statement that the guardian ad litem
141 has made reasonable efforts to protect such information from
142 being accessible through other means available to the public.
143 i. The home addresses, telephone numbers, dates of birth,
144 and photographs of current or former juvenile probation
145 officers, juvenile probation supervisors, detention
146 superintendents, assistant detention superintendents, juvenile
147 justice detention officers I and II, juvenile justice detention
148 officer supervisors, juvenile justice residential officers,
149 juvenile justice residential officer supervisors I and II,
150 juvenile justice counselors, juvenile justice counselor
151 supervisors, human services counselor administrators, senior
152 human services counselor administrators, rehabilitation
153 therapists, and social services counselors of the Department of
154 Juvenile Justice; the names, home addresses, telephone numbers,
155 dates of birth, and places of employment of spouses and children
156 of such personnel; and the names and locations of schools and
157 day care facilities attended by the children of such personnel
158 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
159 Constitution.
160 j. The home addresses, telephone numbers, dates of birth,
161 and photographs of current or former public defenders, assistant
162 public defenders, criminal conflict and civil regional counsel,
163 and assistant criminal conflict and civil regional counsel; the
164 home addresses, telephone numbers, dates of birth, and places of
165 employment of the spouses and children of such defenders or
166 counsel; and the names and locations of schools and day care
167 facilities attended by the children of such defenders or counsel
168 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
169 Constitution.
170 k. The home addresses, telephone numbers, and photographs
171 of current or former investigators or inspectors of the
172 Department of Business and Professional Regulation; the names,
173 home addresses, telephone numbers, and places of employment of
174 the spouses and children of such current or former investigators
175 and inspectors; and the names and locations of schools and day
176 care facilities attended by the children of such current or
177 former investigators and inspectors are exempt from s. 119.07(1)
178 and s. 24(a), Art. I of the State Constitution if the
179 investigator or inspector has made reasonable efforts to protect
180 such information from being accessible through other means
181 available to the public. This sub-subparagraph is subject to the
182 Open Government Sunset Review Act in accordance with s. 119.15
183 and shall stand repealed on October 2, 2017, unless reviewed and
184 saved from repeal through reenactment by the Legislature.
185 l. The home addresses and telephone numbers of county tax
186 collectors; the names, home addresses, telephone numbers, and
187 places of employment of the spouses and children of such tax
188 collectors; and the names and locations of schools and day care
189 facilities attended by the children of such tax collectors are
190 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
191 Constitution if the county tax collector has made reasonable
192 efforts to protect such information from being accessible
193 through other means available to the public. This sub
194 subparagraph is subject to the Open Government Sunset Review Act
195 in accordance with s. 119.15 and shall stand repealed on October
196 2, 2017, unless reviewed and saved from repeal through
197 reenactment by the Legislature.
198 m. The home addresses, telephone numbers, dates of birth,
199 and photographs of current or former researchers whose duties
200 include or included experimenting on animals for the purpose of
201 conducting life-sustaining medical research at a public research
202 facility, including a university, are exempt from s. 119.07(1)
203 and s. 24(a), Art. I of the State Constitution, if the
204 researcher has made reasonable efforts to protect such
205 information from being accessible through other means available
206 to the public. This sub-subparagraph is subject to the Open
207 Government Sunset Review Act in accordance with s. 119.15 and
208 shall stand repealed on October 2, 2019, unless reviewed and
209 saved from repeal through reenactment by the Legislature.
210 3. An agency that is the custodian of the information
211 specified in subparagraph 2. and that is not the employer of the
212 officer, employee, justice, judge, or other person specified in
213 subparagraph 2. shall maintain the exempt status of that
214 information only if the officer, employee, justice, judge, other
215 person, or employing agency of the designated employee submits a
216 written request for maintenance of the exemption to the
217 custodial agency.
218 4. The exemptions in this paragraph apply to information
219 held by an agency before, on, or after the effective date of the
220 exemption.
221 5. Except as otherwise expressly provided in this
222 paragraph, this paragraph is subject to the Open Government
223 Sunset Review Act in accordance with s. 119.15, and shall stand
224 repealed on October 2, 2017, unless reviewed and saved from
225 repeal through reenactment by the Legislature.
226 Section 2. The Legislature finds that it is a public
227 necessity that the home addresses, telephone numbers, dates of
228 birth, and photographs of current or former researchers whose
229 duties include or included experimenting on animals for the
230 purpose of conducting life-sustaining medical research at a
231 public research facility, including a university, be made exempt
232 from public records requirements if the researcher has made
233 reasonable efforts to protect such information from being
234 accessible through other means available to the public. The
235 Legislature finds that the release of such personal identifying
236 information might place current or former researchers, whose
237 duties include experimenting on animals for the purpose of such
238 research, in danger of physical and emotional harm from
239 individuals who are zealous animal rights activists who advocate
240 against the use of animals for medical research. University of
241 Florida employees have reported being harassed or threatened as
242 a result of the posting of their home addresses and other
243 contact information on a popular animal rights website. Thus,
244 the Legislature finds that the harm that may result from the
245 release of such researchers’ personal identifying information
246 outweighs any public benefit that may be derived from the
247 disclosure of the information.
248 Section 3. This act shall take effect July 1, 2014.