Florida Senate - 2015 SB 1324 By Senator Latvala 20-01101B-15 20151324__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; providing exemptions from public 4 records requirements for certain information related 5 to active or former sworn or civilian law enforcement 6 personnel and specified agency personnel, current and 7 former state attorneys, assistant state attorneys, 8 statewide prosecutors, and assistant statewide 9 prosecutors, and their parents, siblings, or 10 cohabitants; providing for future legislative review 11 and repeal of the exemptions; providing a statement of 12 public necessity; 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 (IV) Residential addresses, including former residences and 52 residences in which the person frequently resides other than the 53 person’s home address, e-mail addresses, driver license numbers, 54 license plate numbers, banking and financial information, and 55 information identifying former places of employment of active or 56 former sworn or civilian law enforcement personnel and the other 57 specified agency personnel identified in sub-sub-subparagraph 58 (I) and the home addresses, telephone numbers, social security 59 numbers, photographs, dates of birth, and places of employment 60 of the parents, siblings, and cohabitants of active or former 61 sworn or civilian law enforcement personnel and the other 62 specified agency personnel identified in sub-sub-subparagraph 63 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the 64 State Constitution. This sub-sub-subparagraph is subject to the 65 Open Government Sunset Review Act in accordance with s. 119.15 66 and shall stand repealed on October 2, 2020, unless reviewed and 67 saved from repeal through reenactment by the Legislature. 68 b. The home addresses, telephone numbers, dates of birth, 69 and photographs of firefighters certified in compliance with s. 70 633.408; the home addresses, telephone numbers, photographs, 71 dates of birth, and places of employment of the spouses and 72 children of such firefighters; and the names and locations of 73 schools and day care facilities attended by the children of such 74 firefighters are exempt from s. 119.07(1). 75 c. The home addresses, dates of birth, and telephone 76 numbers of current or former justices of the Supreme Court, 77 district court of appeal judges, circuit court judges, and 78 county court judges; the home addresses, telephone numbers, 79 dates of birth, and places of employment of the spouses and 80 children of current or former justices and judges; and the names 81 and locations of schools and day care facilities attended by the 82 children of current or former justices and judges are exempt 83 from s. 119.07(1). 84 d.(I) The home addresses, telephone numbers, social 85 security numbers, dates of birth, and photographs of current or 86 former state attorneys, assistant state attorneys, statewide 87 prosecutors, or assistant statewide prosecutors; the home 88 addresses, telephone numbers, social security numbers, 89 photographs, dates of birth, and places of employment of the 90 spouses and children of current or former state attorneys, 91 assistant state attorneys, statewide prosecutors, or assistant 92 statewide prosecutors; and the names and locations of schools 93 and day care facilities attended by the children of current or 94 former state attorneys, assistant state attorneys, statewide 95 prosecutors, or assistant statewide prosecutors are exempt from 96 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 97 (II) The names of the spouses and children of current or 98 former state attorneys, assistant state attorneys, statewide 99 prosecutors, or assistant statewide prosecutors are exempt from 100 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 101 (III) Sub-sub-subparagraph (II) is subject to the Open 102 Government Sunset Review Act in accordance with s. 119.15, and 103 shall stand repealed on October 2, 2018, unless reviewed and 104 saved from repeal through reenactment by the Legislature. 105 (IV) Residential addresses, including former residences and 106 residences in which the person frequently resides other than the 107 person’s home address, e-mail addresses, driver license numbers, 108 license plate numbers, banking and financial information, and 109 information identifying former places of employment of current 110 or former state attorneys, assistant state attorneys, statewide 111 prosecutors, or assistant statewide prosecutors and the home 112 addresses, telephone numbers, social security numbers, 113 photographs, dates of birth, and places of employment of the 114 parents, siblings, and cohabitants of current or former state 115 attorneys, assistant state attorneys, statewide prosecutors, or 116 assistant statewide prosecutors are exempt from s. 119.07(1) and 117 s. 24(a), Art. I of the State Constitution. This sub-sub 118 subparagraph is subject to the Open Government Sunset Review Act 119 in accordance with s. 119.15 and shall stand repealed on October 120 2, 2020, unless reviewed and saved from repeal through 121 reenactment by the Legislature. 122 e. The home addresses, dates of birth, and telephone 123 numbers of general magistrates, special magistrates, judges of 124 compensation claims, administrative law judges of the Division 125 of Administrative Hearings, and child support enforcement 126 hearing officers; the home addresses, telephone numbers, dates 127 of birth, and places of employment of the spouses and children 128 of general magistrates, special magistrates, judges of 129 compensation claims, administrative law judges of the Division 130 of Administrative Hearings, and child support enforcement 131 hearing officers; and the names and locations of schools and day 132 care facilities attended by the children of general magistrates, 133 special magistrates, judges of compensation claims, 134 administrative law judges of the Division of Administrative 135 Hearings, and child support enforcement hearing officers are 136 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 137 Constitution if the general magistrate, special magistrate, 138 judge of compensation claims, administrative law judge of the 139 Division of Administrative Hearings, or child support hearing 140 officer provides a written statement that the general 141 magistrate, special magistrate, judge of compensation claims, 142 administrative law judge of the Division of Administrative 143 Hearings, or child support hearing officer has made reasonable 144 efforts to protect such information from being accessible 145 through other means available to the public. 146 f. The home addresses, telephone numbers, dates of birth, 147 and photographs of current or former human resource, labor 148 relations, or employee relations directors, assistant directors, 149 managers, or assistant managers of any local government agency 150 or water management district whose duties include hiring and 151 firing employees, labor contract negotiation, administration, or 152 other personnel-related duties; the names, home addresses, 153 telephone numbers, dates of birth, and places of employment of 154 the spouses and children of such personnel; and the names and 155 locations of schools and day care facilities attended by the 156 children of such personnel are exempt from s. 119.07(1) and s. 157 24(a), Art. I of the State Constitution. 158 g. The home addresses, telephone numbers, dates of birth, 159 and photographs of current or former code enforcement officers; 160 the names, home addresses, telephone numbers, dates of birth, 161 and places of employment of the spouses and children of such 162 personnel; and the names and locations of schools and day care 163 facilities attended by the children of such personnel are exempt 164 from s. 119.07(1) and s. 24(a), Art. I of the State 165 Constitution. 166 h. The home addresses, telephone numbers, places of 167 employment, dates of birth, and photographs of current or former 168 guardians ad litem, as defined in s. 39.820; the names, home 169 addresses, telephone numbers, dates of birth, and places of 170 employment of the spouses and children of such persons; and the 171 names and locations of schools and day care facilities attended 172 by the children of such persons are exempt from s. 119.07(1) and 173 s. 24(a), Art. I of the State Constitution, if the guardian ad 174 litem provides a written statement that the guardian ad litem 175 has made reasonable efforts to protect such information from 176 being accessible through other means available to the public. 177 i. The home addresses, telephone numbers, dates of birth, 178 and photographs of current or former juvenile probation 179 officers, juvenile probation supervisors, detention 180 superintendents, assistant detention superintendents, juvenile 181 justice detention officers I and II, juvenile justice detention 182 officer supervisors, juvenile justice residential officers, 183 juvenile justice residential officer supervisors I and II, 184 juvenile justice counselors, juvenile justice counselor 185 supervisors, human services counselor administrators, senior 186 human services counselor administrators, rehabilitation 187 therapists, and social services counselors of the Department of 188 Juvenile Justice; the names, home addresses, telephone numbers, 189 dates of birth, and places of employment of spouses and children 190 of such personnel; and the names and locations of schools and 191 day care facilities attended by the children of such personnel 192 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 193 Constitution. 194 j.(I) The home addresses, telephone numbers, dates of 195 birth, and photographs of current or former public defenders, 196 assistant public defenders, criminal conflict and civil regional 197 counsel, and assistant criminal conflict and civil regional 198 counsel; the home addresses, telephone numbers, dates of birth, 199 and places of employment of the spouses and children of such 200 defenders or counsel; and the names and locations of schools and 201 day care facilities attended by the children of such defenders 202 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 203 the State Constitution. 204 (II) The names of the spouses and children of the specified 205 agency personnel identified in sub-sub-subparagraph (I) are 206 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 207 Constitution. This sub-sub-subparagraph is subject to the Open 208 Government Sunset Review Act in accordance with s. 119.15 and 209 shall stand repealed on October 2, 2019, unless reviewed and 210 saved from repeal through reenactment by the Legislature. 211 k. The home addresses, telephone numbers, and photographs 212 of current or former investigators or inspectors of the 213 Department of Business and Professional Regulation; the names, 214 home addresses, telephone numbers, and places of employment of 215 the spouses and children of such current or former investigators 216 and inspectors; and the names and locations of schools and day 217 care facilities attended by the children of such current or 218 former investigators and inspectors are exempt from s. 119.07(1) 219 and s. 24(a), Art. I of the State Constitution if the 220 investigator or inspector has made reasonable efforts to protect 221 such information from being accessible through other means 222 available to the public. This sub-subparagraph is subject to the 223 Open Government Sunset Review Act in accordance with s. 119.15 224 and shall stand repealed on October 2, 2017, unless reviewed and 225 saved from repeal through reenactment by the Legislature. 226 l. The home addresses and telephone numbers of county tax 227 collectors; the names, home addresses, telephone numbers, and 228 places of employment of the spouses and children of such tax 229 collectors; and the names and locations of schools and day care 230 facilities attended by the children of such tax collectors are 231 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 232 Constitution if the county tax collector has made reasonable 233 efforts to protect such information from being accessible 234 through other means available to the public. This sub 235 subparagraph is subject to the Open Government Sunset Review Act 236 in accordance with s. 119.15 and shall stand repealed on October 237 2, 2017, unless reviewed and saved from repeal through 238 reenactment by the Legislature. 239 m. The home addresses, telephone numbers, dates of birth, 240 and photographs of current or former personnel of the Department 241 of Health whose duties include, or result in, the determination 242 or adjudication of eligibility for social security disability 243 benefits, the investigation or prosecution of complaints filed 244 against health care practitioners, or the inspection of health 245 care practitioners or health care facilities licensed by the 246 Department of Health; the names, home addresses, telephone 247 numbers, dates of birth, and places of employment of the spouses 248 and children of such personnel; and the names and locations of 249 schools and day care facilities attended by the children of such 250 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 251 the State Constitution if the personnel have made reasonable 252 efforts to protect such information from being accessible 253 through other means available to the public. This sub 254 subparagraph is subject to the Open Government Sunset Review Act 255 in accordance with s. 119.15 and shall stand repealed on October 256 2, 2019, unless reviewed and saved from repeal through 257 reenactment by the Legislature. 258 3. An agency that is the custodian of the information 259 specified in subparagraph 2. and that is not the employer of the 260 officer, employee, justice, judge, or other person specified in 261 subparagraph 2. shall maintain the exempt status of that 262 information only if the officer, employee, justice, judge, other 263 person, or employing agency of the designated employee submits a 264 written request for maintenance of the exemption to the 265 custodial agency. 266 4. The exemptions in this paragraph apply to information 267 held by an agency before, on, or after the effective date of the 268 exemption. 269 5. Except as otherwise expressly provided in this 270 paragraph, this paragraph is subject to the Open Government 271 Sunset Review Act in accordance with s. 119.15, and shall stand 272 repealed on October 2, 2017, unless reviewed and saved from 273 repeal through reenactment by the Legislature. 274 Section 2. The Legislature finds that it is a public 275 necessity that the residential addresses, e-mail addresses, 276 driver license numbers, license plate numbers, banking and 277 financial information, and former places of employment of active 278 or former sworn or civilian law enforcement personnel, including 279 correctional and correctional probation officers, personnel of 280 the Department of Children and Families whose duties include the 281 investigation of abuse, neglect, exploitation, fraud, theft, or 282 other criminal activities, personnel of the Department of Health 283 whose duties are to support the investigation of child abuse or 284 neglect, personnel of the Department of Revenue or local 285 governments whose responsibilities include revenue collection 286 and enforcement or child support enforcement, current or former 287 state attorneys, assistant state attorneys, statewide 288 prosecutors, and assistant statewide prosecutors be made exempt 289 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 290 the State Constitution. The Legislature further finds that it is 291 a public necessity that the home addresses, telephone numbers, 292 social security numbers, photographs, dates of birth, and places 293 of employment of the parents, siblings, and cohabitants of such 294 persons be made exempt from s. 119.07(1), Florida Statutes, and 295 s. 24(a), Article I of the State Constitution. The Legislature 296 finds that the release of such identifying and location 297 information could place the person, or a parent, sibling, or 298 cohabitant of the person, in danger of being physically and 299 emotionally harmed or being stalked by a defendant or other 300 person. The Legislature finds that the harm that may result from 301 the release of such identifying and location information 302 outweighs any public benefit that may be derived from the 303 disclosure of the information. 304 Section 3. This act shall take effect July 1, 2015.