Florida Senate - 2015 CS for SB 1324 By the Committee on Criminal Justice; and Senator Latvala 591-03143-15 20151324c1 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, assistant statewide 9 prosecutors, public defenders, assistant public 10 defenders, criminal conflict and civil regional 11 counsel, assistant criminal conflict and civil 12 regional counsel, capital collateral regional counsel, 13 and assistant capital collateral regional counsel and 14 their parents, siblings, or cohabitants; providing for 15 future legislative review and repeal of the 16 exemptions; providing a statement of public necessity; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (d) of subsection (4) of section 22 119.071, Florida Statutes, is amended to read: 23 119.071 General exemptions from inspection or copying of 24 public records.— 25 (4) AGENCY PERSONNEL INFORMATION.— 26 (d)1. For purposes of this paragraph, the term “telephone 27 numbers” includes home telephone numbers, personal cellular 28 telephone numbers, personal pager telephone numbers, and 29 telephone numbers associated with personal communications 30 devices. 31 2.a.(I) The home addresses, telephone numbers, social 32 security numbers, dates of birth, and photographs of active or 33 former sworn or civilian law enforcement personnel, including 34 correctional and correctional probation officers, personnel of 35 the Department of Children and Families whose duties include the 36 investigation of abuse, neglect, exploitation, fraud, theft, or 37 other criminal activities, personnel of the Department of Health 38 whose duties are to support the investigation of child abuse or 39 neglect, and personnel of the Department of Revenue or local 40 governments whose responsibilities include revenue collection 41 and enforcement or child support enforcement; the home 42 addresses, telephone numbers, social security numbers, 43 photographs, dates of birth, and places of employment of the 44 spouses and children of such personnel; and the names and 45 locations of schools and day care facilities attended by the 46 children of such personnel are exempt from s. 119.07(1). 47 (II) The names of the spouses and children of active or 48 former sworn or civilian law enforcement personnel and the other 49 specified agency personnel identified in sub-sub-subparagraph 50 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the 51 State Constitution. 52 (III) Sub-sub-subparagraph (II) is subject to the Open 53 Government Sunset Review Act in accordance with s. 119.15, and 54 shall stand repealed on October 2, 2018, unless reviewed and 55 saved from repeal through reenactment by the Legislature. 56 (IV) Residential addresses, including former residences and 57 residences in which the person frequently resides other than the 58 person’s home address, e-mail addresses, driver license numbers, 59 license plate numbers, and banking and financial information of 60 active or former sworn or civilian law enforcement personnel and 61 the other specified agency personnel identified in sub-sub 62 subparagraph (I) and the home addresses, telephone numbers, 63 social security numbers, photographs, dates of birth, and places 64 of employment of the parents, siblings, and cohabitants of 65 active or former sworn or civilian law enforcement personnel and 66 the other specified agency personnel identified in sub-sub 67 subparagraph (I) are exempt from s. 119.07(1) and s. 24(a), Art. 68 I of the State Constitution. This sub-sub-subparagraph is 69 subject to the Open Government Sunset Review Act in accordance 70 with s. 119.15 and shall stand repealed on October 2, 2020, 71 unless reviewed and saved from repeal through reenactment by the 72 Legislature. 73 b. The home addresses, telephone numbers, dates of birth, 74 and photographs of firefighters certified in compliance with s. 75 633.408; the home addresses, telephone numbers, photographs, 76 dates of birth, and places of employment of the spouses and 77 children of such firefighters; and the names and locations of 78 schools and day care facilities attended by the children of such 79 firefighters are exempt from s. 119.07(1). 80 c. The home addresses, dates of birth, and telephone 81 numbers of current or former justices of the Supreme Court, 82 district court of appeal judges, circuit court judges, and 83 county court judges; the home addresses, telephone numbers, 84 dates of birth, and places of employment of the spouses and 85 children of current or former justices and judges; and the names 86 and locations of schools and day care facilities attended by the 87 children of current or former justices and judges are exempt 88 from s. 119.07(1). 89 d.(I) The home addresses, telephone numbers, social 90 security numbers, dates of birth, and photographs of current or 91 former state attorneys, assistant state attorneys, statewide 92 prosecutors, or assistant statewide prosecutors; the home 93 addresses, telephone numbers, social security numbers, 94 photographs, dates of birth, and places of employment of the 95 spouses and children of current or former state attorneys, 96 assistant state attorneys, statewide prosecutors, or assistant 97 statewide prosecutors; and the names and locations of schools 98 and day care facilities attended by the children of current or 99 former state attorneys, assistant state attorneys, statewide 100 prosecutors, or assistant statewide prosecutors are exempt from 101 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 102 (II) The names of the spouses and children of current or 103 former state attorneys, assistant state attorneys, statewide 104 prosecutors, or assistant statewide prosecutors are exempt from 105 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 106 (III) Sub-sub-subparagraph (II) is subject to the Open 107 Government Sunset Review Act in accordance with s. 119.15, and 108 shall stand repealed on October 2, 2018, unless reviewed and 109 saved from repeal through reenactment by the Legislature. 110 (IV) Residential addresses, including former residences and 111 residences in which the person frequently resides other than the 112 person’s home address, e-mail addresses, driver license numbers, 113 license plate numbers, and banking and financial information of 114 current or former state attorneys, assistant state attorneys, 115 statewide prosecutors, or assistant statewide prosecutors and 116 the home addresses, telephone numbers, social security numbers, 117 photographs, dates of birth, and places of employment of the 118 parents, siblings, and cohabitants of current or former state 119 attorneys, assistant state attorneys, statewide prosecutors, or 120 assistant statewide prosecutors are exempt from s. 119.07(1) and 121 s. 24(a), Art. I of the State Constitution. This sub-sub 122 subparagraph is subject to the Open Government Sunset Review Act 123 in accordance with s. 119.15 and shall stand repealed on October 124 2, 2020, unless reviewed and saved from repeal through 125 reenactment by the Legislature. 126 e. The home addresses, dates of birth, and telephone 127 numbers of general magistrates, special magistrates, judges of 128 compensation claims, administrative law judges of the Division 129 of Administrative Hearings, and child support enforcement 130 hearing officers; the home addresses, telephone numbers, dates 131 of birth, and places of employment of the spouses and children 132 of general magistrates, special magistrates, judges of 133 compensation claims, administrative law judges of the Division 134 of Administrative Hearings, and child support enforcement 135 hearing officers; and the names and locations of schools and day 136 care facilities attended by the children of general magistrates, 137 special magistrates, judges of compensation claims, 138 administrative law judges of the Division of Administrative 139 Hearings, and child support enforcement hearing officers are 140 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 141 Constitution if the general magistrate, special magistrate, 142 judge of compensation claims, administrative law judge of the 143 Division of Administrative Hearings, or child support hearing 144 officer provides a written statement that the general 145 magistrate, special magistrate, judge of compensation claims, 146 administrative law judge of the Division of Administrative 147 Hearings, or child support hearing officer has made reasonable 148 efforts to protect such information from being accessible 149 through other means available to the public. 150 f. The home addresses, telephone numbers, dates of birth, 151 and photographs of current or former human resource, labor 152 relations, or employee relations directors, assistant directors, 153 managers, or assistant managers of any local government agency 154 or water management district whose duties include hiring and 155 firing employees, labor contract negotiation, administration, or 156 other personnel-related duties; the names, home addresses, 157 telephone numbers, dates of birth, and places of employment of 158 the spouses and children of such personnel; and the names and 159 locations of schools and day care facilities attended by the 160 children of such personnel are exempt from s. 119.07(1) and s. 161 24(a), Art. I of the State Constitution. 162 g. The home addresses, telephone numbers, dates of birth, 163 and photographs of current or former code enforcement officers; 164 the names, home addresses, telephone numbers, dates of birth, 165 and places of employment of the spouses and children of such 166 personnel; and the names and locations of schools and day care 167 facilities attended by the children of such personnel are exempt 168 from s. 119.07(1) and s. 24(a), Art. I of the State 169 Constitution. 170 h. The home addresses, telephone numbers, places of 171 employment, dates of birth, and photographs of current or former 172 guardians ad litem, as defined in s. 39.820; the names, home 173 addresses, telephone numbers, dates of birth, and places of 174 employment of the spouses and children of such persons; and the 175 names and locations of schools and day care facilities attended 176 by the children of such persons are exempt from s. 119.07(1) and 177 s. 24(a), Art. I of the State Constitution, if the guardian ad 178 litem provides a written statement that the guardian ad litem 179 has made reasonable efforts to protect such information from 180 being accessible through other means available to the public. 181 i. The home addresses, telephone numbers, dates of birth, 182 and photographs of current or former juvenile probation 183 officers, juvenile probation supervisors, detention 184 superintendents, assistant detention superintendents, juvenile 185 justice detention officers I and II, juvenile justice detention 186 officer supervisors, juvenile justice residential officers, 187 juvenile justice residential officer supervisors I and II, 188 juvenile justice counselors, juvenile justice counselor 189 supervisors, human services counselor administrators, senior 190 human services counselor administrators, rehabilitation 191 therapists, and social services counselors of the Department of 192 Juvenile Justice; the names, home addresses, telephone numbers, 193 dates of birth, and places of employment of spouses and children 194 of such personnel; and the names and locations of schools and 195 day care facilities attended by the children of such personnel 196 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 197 Constitution. 198 j.(I) The home addresses, telephone numbers, dates of 199 birth, and photographs of current or former public defenders, 200 assistant public defenders, criminal conflict and civil regional 201 counsel, and assistant criminal conflict and civil regional 202 counsel; the home addresses, telephone numbers, dates of birth, 203 and places of employment of the spouses and children of such 204 defenders or counsel; and the names and locations of schools and 205 day care facilities attended by the children of such defenders 206 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 207 the State Constitution. 208 (II) The names of the spouses and children of the specified 209 agency personnel identified in sub-sub-subparagraph (I) are 210 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 211 Constitution. This sub-sub-subparagraph is subject to the Open 212 Government Sunset Review Act in accordance with s. 119.15 and 213 shall stand repealed on October 2, 2019, unless reviewed and 214 saved from repeal through reenactment by the Legislature. 215 (III) Residential addresses, including former residences 216 and residences in which the person frequently resides other than 217 the person’s home address, e-mail addresses, driver license 218 numbers, license plate numbers, and banking and financial 219 information of current or former public defenders, assistant 220 public defenders, criminal conflict and civil regional counsel, 221 assistant criminal conflict and civil regional counsel, capital 222 collateral regional counsel, and assistant capital collateral 223 regional counsel, and the home addresses, telephone numbers, 224 social security numbers, photographs, dates of birth, and places 225 of employment of the parents, siblings, and cohabitants of 226 current or former public defenders, assistant public defenders, 227 criminal conflict and civil regional counsel, assistant criminal 228 conflict and civil regional counsel, capital collateral regional 229 counsel, and assistant capital collateral regional counsel are 230 exempt from s. 24(a), Art. I of the State Constitution. This 231 sub-sub-subparagraph is subject to the Open Government Sunset 232 Review Act in accordance with s. 119.15 and shall stand repealed 233 on October 2, 2020, unless reviewed and saved from repeal 234 through reenactment by the Legislature. 235 k. The home addresses, telephone numbers, and photographs 236 of current or former investigators or inspectors of the 237 Department of Business and Professional Regulation; the names, 238 home addresses, telephone numbers, and places of employment of 239 the spouses and children of such current or former investigators 240 and inspectors; and the names and locations of schools and day 241 care facilities attended by the children of such current or 242 former investigators and inspectors are exempt from s. 119.07(1) 243 and s. 24(a), Art. I of the State Constitution if the 244 investigator or inspector has made reasonable efforts to protect 245 such information from being accessible through other means 246 available to the public. This sub-subparagraph is subject to the 247 Open Government Sunset Review Act in accordance with s. 119.15 248 and shall stand repealed on October 2, 2017, unless reviewed and 249 saved from repeal through reenactment by the Legislature. 250 l. The home addresses and telephone numbers of county tax 251 collectors; the names, home addresses, telephone numbers, and 252 places of employment of the spouses and children of such tax 253 collectors; and the names and locations of schools and day care 254 facilities attended by the children of such tax collectors are 255 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 256 Constitution if the county tax collector has made reasonable 257 efforts to protect such information from being accessible 258 through other means available to the public. This sub 259 subparagraph is subject to the Open Government Sunset Review Act 260 in accordance with s. 119.15 and shall stand repealed on October 261 2, 2017, unless reviewed and saved from repeal through 262 reenactment by the Legislature. 263 m. The home addresses, telephone numbers, dates of birth, 264 and photographs of current or former personnel of the Department 265 of Health whose duties include, or result in, the determination 266 or adjudication of eligibility for social security disability 267 benefits, the investigation or prosecution of complaints filed 268 against health care practitioners, or the inspection of health 269 care practitioners or health care facilities licensed by the 270 Department of Health; the names, home addresses, telephone 271 numbers, dates of birth, and places of employment of the spouses 272 and children of such personnel; and the names and locations of 273 schools and day care facilities attended by the children of such 274 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 275 the State Constitution if the personnel have made reasonable 276 efforts to protect such information from being accessible 277 through other means available to the public. This sub 278 subparagraph is subject to the Open Government Sunset Review Act 279 in accordance with s. 119.15 and shall stand repealed on October 280 2, 2019, unless reviewed and saved from repeal through 281 reenactment by the Legislature. 282 3. An agency that is the custodian of the information 283 specified in subparagraph 2. and that is not the employer of the 284 officer, employee, justice, judge, or other person specified in 285 subparagraph 2. shall maintain the exempt status of that 286 information only if the officer, employee, justice, judge, other 287 person, or employing agency of the designated employee submits a 288 written request for maintenance of the exemption to the 289 custodial agency. 290 4. The exemptions in this paragraph apply to information 291 held by an agency before, on, or after the effective date of the 292 exemption. 293 5. Except as otherwise expressly provided in this 294 paragraph, this paragraph is subject to the Open Government 295 Sunset Review Act in accordance with s. 119.15, and shall stand 296 repealed on October 2, 2017, unless reviewed and saved from 297 repeal through reenactment by the Legislature. 298 Section 2. The Legislature finds that it is a public 299 necessity that the residential addresses, e-mail addresses, 300 driver license numbers, license plate numbers, and banking and 301 financial information of active or former sworn or civilian law 302 enforcement personnel, including correctional and correctional 303 probation officers, personnel of the Department of Children and 304 Families whose duties include the investigation of abuse, 305 neglect, exploitation, fraud, theft, or other criminal 306 activities, personnel of the Department of Health whose duties 307 are to support the investigation of child abuse or neglect, 308 personnel of the Department of Revenue or local governments 309 whose responsibilities include revenue collection and 310 enforcement or child support enforcement, current or former 311 state attorneys, assistant state attorneys, statewide 312 prosecutors, assistant statewide prosecutors, public defenders, 313 assistant public defenders, criminal conflict and civil regional 314 counsel, assistant criminal conflict and civil regional counsel, 315 capital collateral regional counsel, and assistant capital 316 collateral regional counsel be made exempt from s. 119.07(1), 317 Florida Statutes, and s. 24(a), Article I of the State 318 Constitution. The Legislature further finds that it is a public 319 necessity that the home addresses, telephone numbers, social 320 security numbers, photographs, dates of birth, and places of 321 employment of the parents, siblings, and cohabitants of such 322 persons be made exempt from s. 119.07(1), Florida Statutes, and 323 s. 24(a), Article I of the State Constitution. The Legislature 324 finds that the release of such identifying and location 325 information could place the person, or a parent, sibling, or 326 cohabitant of the person, in danger of being physically and 327 emotionally harmed or being stalked by a defendant or other 328 person. The Legislature finds that the harm that may result from 329 the release of such identifying and location information 330 outweighs any public benefit that may be derived from the 331 disclosure of the information. 332 Section 3. This act shall take effect July 1, 2015.