Florida Senate - 2015                              CS for SB 144
       
       
        
       By the Committee on Health Policy; and Senator Bean
       
       
       
       
       
       588-00563A-15                                          2015144c1
    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 certain identifying and
    5         location information of current or former impaired
    6         practitioner consultants retained by an agency or
    7         certain current or former employees of an impaired
    8         practitioner consultant and the spouses and children
    9         of such consultants or employees, under specified
   10         circumstances; providing for future legislative review
   11         and repeal of the exemption under the Open Government
   12         Sunset Review Act; providing a statement of public
   13         necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (4) of section
   18  119.071, Florida Statutes, is amended to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (4) AGENCY PERSONNEL INFORMATION.—
   22         (d)1. For purposes of this paragraph, the term “telephone
   23  numbers” includes home telephone numbers, personal cellular
   24  telephone numbers, personal pager telephone numbers, and
   25  telephone numbers associated with personal communications
   26  devices.
   27         2.a.(I) The home addresses, telephone numbers, social
   28  security numbers, dates of birth, and photographs of active or
   29  former sworn or civilian law enforcement personnel, including
   30  correctional and correctional probation officers, personnel of
   31  the Department of Children and Families whose duties include the
   32  investigation of abuse, neglect, exploitation, fraud, theft, or
   33  other criminal activities, personnel of the Department of Health
   34  whose duties are to support the investigation of child abuse or
   35  neglect, and personnel of the Department of Revenue or local
   36  governments whose responsibilities include revenue collection
   37  and enforcement or child support enforcement; the home
   38  addresses, telephone numbers, social security numbers,
   39  photographs, dates of birth, and places of employment of the
   40  spouses and children of such personnel; and the names and
   41  locations of schools and day care facilities attended by the
   42  children of such personnel are exempt from s. 119.07(1).
   43         (II) The names of the spouses and children of active or
   44  former sworn or civilian law enforcement personnel and the other
   45  specified agency personnel identified in sub-sub-subparagraph
   46  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   47  State Constitution.
   48         (III) Sub-sub-subparagraph (II) is subject to the Open
   49  Government Sunset Review Act in accordance with s. 119.15, and
   50  shall stand repealed on October 2, 2018, unless reviewed and
   51  saved from repeal through reenactment by the Legislature.
   52         b. The home addresses, telephone numbers, dates of birth,
   53  and photographs of firefighters certified in compliance with s.
   54  633.408; the home addresses, telephone numbers, photographs,
   55  dates of birth, and places of employment of the spouses and
   56  children of such firefighters; and the names and locations of
   57  schools and day care facilities attended by the children of such
   58  firefighters are exempt from s. 119.07(1).
   59         c. The home addresses, dates of birth, and telephone
   60  numbers of current or former justices of the Supreme Court,
   61  district court of appeal judges, circuit court judges, and
   62  county court judges; the home addresses, telephone numbers,
   63  dates of birth, and places of employment of the spouses and
   64  children of current or former justices and judges; and the names
   65  and locations of schools and day care facilities attended by the
   66  children of current or former justices and judges are exempt
   67  from s. 119.07(1).
   68         d.(I) The home addresses, telephone numbers, social
   69  security numbers, dates of birth, and photographs of current or
   70  former state attorneys, assistant state attorneys, statewide
   71  prosecutors, or assistant statewide prosecutors; the home
   72  addresses, telephone numbers, social security numbers,
   73  photographs, dates of birth, and places of employment of the
   74  spouses and children of current or former state attorneys,
   75  assistant state attorneys, statewide prosecutors, or assistant
   76  statewide prosecutors; and the names and locations of schools
   77  and day care facilities attended by the children of current or
   78  former state attorneys, assistant state attorneys, statewide
   79  prosecutors, or assistant statewide prosecutors are exempt from
   80  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   81         (II) The names of the spouses and children of current or
   82  former state attorneys, assistant state attorneys, statewide
   83  prosecutors, or assistant statewide prosecutors are exempt from
   84  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   85         (III) Sub-sub-subparagraph (II) is subject to the Open
   86  Government Sunset Review Act in accordance with s. 119.15, and
   87  shall stand repealed on October 2, 2018, unless reviewed and
   88  saved from repeal through reenactment by the Legislature.
   89         e. The home addresses, dates of birth, and telephone
   90  numbers of general magistrates, special magistrates, judges of
   91  compensation claims, administrative law judges of the Division
   92  of Administrative Hearings, and child support enforcement
   93  hearing officers; the home addresses, telephone numbers, dates
   94  of birth, and places of employment of the spouses and children
   95  of general magistrates, special magistrates, judges of
   96  compensation claims, administrative law judges of the Division
   97  of Administrative Hearings, and child support enforcement
   98  hearing officers; and the names and locations of schools and day
   99  care facilities attended by the children of general magistrates,
  100  special magistrates, judges of compensation claims,
  101  administrative law judges of the Division of Administrative
  102  Hearings, and child support enforcement hearing officers are
  103  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  104  Constitution if the general magistrate, special magistrate,
  105  judge of compensation claims, administrative law judge of the
  106  Division of Administrative Hearings, or child support hearing
  107  officer provides a written statement that the general
  108  magistrate, special magistrate, judge of compensation claims,
  109  administrative law judge of the Division of Administrative
  110  Hearings, or child support hearing officer has made reasonable
  111  efforts to protect such information from being accessible
  112  through other means available to the public.
  113         f. The home addresses, telephone numbers, dates of birth,
  114  and photographs of current or former human resource, labor
  115  relations, or employee relations directors, assistant directors,
  116  managers, or assistant managers of any local government agency
  117  or water management district whose duties include hiring and
  118  firing employees, labor contract negotiation, administration, or
  119  other personnel-related duties; the names, home addresses,
  120  telephone numbers, dates of birth, and places of employment of
  121  the spouses and children of such personnel; and the names and
  122  locations of schools and day care facilities attended by the
  123  children of such personnel are exempt from s. 119.07(1) and s.
  124  24(a), Art. I of the State Constitution.
  125         g. The home addresses, telephone numbers, dates of birth,
  126  and photographs of current or former code enforcement officers;
  127  the names, home addresses, telephone numbers, dates of birth,
  128  and places of employment of the spouses and children of such
  129  personnel; and the names and locations of schools and day care
  130  facilities attended by the children of such personnel are exempt
  131  from s. 119.07(1) and s. 24(a), Art. I of the State
  132  Constitution.
  133         h. The home addresses, telephone numbers, places of
  134  employment, dates of birth, and photographs of current or former
  135  guardians ad litem, as defined in s. 39.820; the names, home
  136  addresses, telephone numbers, dates of birth, and places of
  137  employment of the spouses and children of such persons; and the
  138  names and locations of schools and day care facilities attended
  139  by the children of such persons are exempt from s. 119.07(1) and
  140  s. 24(a), Art. I of the State Constitution, if the guardian ad
  141  litem provides a written statement that the guardian ad litem
  142  has made reasonable efforts to protect such information from
  143  being accessible through other means available to the public.
  144         i. The home addresses, telephone numbers, dates of birth,
  145  and photographs of current or former juvenile probation
  146  officers, juvenile probation supervisors, detention
  147  superintendents, assistant detention superintendents, juvenile
  148  justice detention officers I and II, juvenile justice detention
  149  officer supervisors, juvenile justice residential officers,
  150  juvenile justice residential officer supervisors I and II,
  151  juvenile justice counselors, juvenile justice counselor
  152  supervisors, human services counselor administrators, senior
  153  human services counselor administrators, rehabilitation
  154  therapists, and social services counselors of the Department of
  155  Juvenile Justice; the names, home addresses, telephone numbers,
  156  dates of birth, and places of employment of spouses and children
  157  of such personnel; and the names and locations of schools and
  158  day care facilities attended by the children of such personnel
  159  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  160  Constitution.
  161         j.(I) The home addresses, telephone numbers, dates of
  162  birth, and photographs of current or former public defenders,
  163  assistant public defenders, criminal conflict and civil regional
  164  counsel, and assistant criminal conflict and civil regional
  165  counsel; the home addresses, telephone numbers, dates of birth,
  166  and places of employment of the spouses and children of such
  167  defenders or counsel; and the names and locations of schools and
  168  day care facilities attended by the children of such defenders
  169  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  170  the State Constitution.
  171         (II) The names of the spouses and children of the specified
  172  agency personnel identified in sub-sub-subparagraph (I) are
  173  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  174  Constitution. This sub-sub-subparagraph is subject to the Open
  175  Government Sunset Review Act in accordance with s. 119.15 and
  176  shall stand repealed on October 2, 2019, unless reviewed and
  177  saved from repeal through reenactment by the Legislature.
  178         k. The home addresses, telephone numbers, and photographs
  179  of current or former investigators or inspectors of the
  180  Department of Business and Professional Regulation; the names,
  181  home addresses, telephone numbers, and places of employment of
  182  the spouses and children of such current or former investigators
  183  and inspectors; and the names and locations of schools and day
  184  care facilities attended by the children of such current or
  185  former investigators and inspectors are exempt from s. 119.07(1)
  186  and s. 24(a), Art. I of the State Constitution if the
  187  investigator or inspector has made reasonable efforts to protect
  188  such information from being accessible through other means
  189  available to the public. This sub-subparagraph is subject to the
  190  Open Government Sunset Review Act in accordance with s. 119.15
  191  and shall stand repealed on October 2, 2017, unless reviewed and
  192  saved from repeal through reenactment by the Legislature.
  193         l. The home addresses and telephone numbers of county tax
  194  collectors; the names, home addresses, telephone numbers, and
  195  places of employment of the spouses and children of such tax
  196  collectors; and the names and locations of schools and day care
  197  facilities attended by the children of such tax collectors are
  198  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  199  Constitution if the county tax collector has made reasonable
  200  efforts to protect such information from being accessible
  201  through other means available to the public. This sub
  202  subparagraph is subject to the Open Government Sunset Review Act
  203  in accordance with s. 119.15 and shall stand repealed on October
  204  2, 2017, unless reviewed and saved from repeal through
  205  reenactment by the Legislature.
  206         m. The home addresses, telephone numbers, dates of birth,
  207  and photographs of current or former personnel of the Department
  208  of Health whose duties include, or result in, the determination
  209  or adjudication of eligibility for social security disability
  210  benefits, the investigation or prosecution of complaints filed
  211  against health care practitioners, or the inspection of health
  212  care practitioners or health care facilities licensed by the
  213  Department of Health; the names, home addresses, telephone
  214  numbers, dates of birth, and places of employment of the spouses
  215  and children of such personnel; and the names and locations of
  216  schools and day care facilities attended by the children of such
  217  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  218  the State Constitution if the personnel have made reasonable
  219  efforts to protect such information from being accessible
  220  through other means available to the public. This sub
  221  subparagraph is subject to the Open Government Sunset Review Act
  222  in accordance with s. 119.15 and shall stand repealed on October
  223  2, 2019, unless reviewed and saved from repeal through
  224  reenactment by the Legislature.
  225         n. The home addresses, telephone numbers, dates of birth,
  226  and photographs of current or former impaired practitioner
  227  consultants who are retained by an agency or current or former
  228  employees of an impaired practitioner consultant whose duties
  229  result in a determination of a person’s skill and safety to
  230  practice a licensed profession; the names, home addresses,
  231  telephone numbers, dates of birth, and places of employment of
  232  the spouses and children of such consultants or their employees;
  233  and the names and locations of schools and day care facilities
  234  attended by the children of such consultants or employees are
  235  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  236  Constitution if a consultant or employee has made reasonable
  237  efforts to protect such information from being accessible
  238  through other means available to the public. This sub
  239  subparagraph is subject to the Open Government Sunset Review Act
  240  in accordance with s. 119.15 and shall stand repealed on October
  241  2, 2020, unless reviewed and saved from repeal through
  242  reenactment by the Legislature.
  243         3. An agency that is the custodian of the information
  244  specified in subparagraph 2. and that is not the employer of the
  245  officer, employee, justice, judge, or other person specified in
  246  subparagraph 2. shall maintain the exempt status of that
  247  information only if the officer, employee, justice, judge, other
  248  person, or employing agency of the designated employee submits a
  249  written request for maintenance of the exemption to the
  250  custodial agency.
  251         4. The exemptions in this paragraph apply to information
  252  held by an agency before, on, or after the effective date of the
  253  exemption.
  254         5. Except as otherwise expressly provided in this
  255  paragraph, this paragraph is subject to the Open Government
  256  Sunset Review Act in accordance with s. 119.15, and shall stand
  257  repealed on October 2, 2017, unless reviewed and saved from
  258  repeal through reenactment by the Legislature.
  259         Section 2. The Legislature finds that it is a public
  260  necessity that the home addresses, telephone numbers, dates of
  261  birth, and photographs of current or former impaired
  262  practitioner consultants who are retained by an agency or
  263  current or former employees of an impaired practitioner
  264  consultant whose duties result in a determination of a person’s
  265  skill and safety to practice a licensed profession; that the
  266  names, home addresses, telephone numbers, and places of
  267  employment of the spouses and children of such consultants and
  268  their employees; and that the names and locations of schools and
  269  day care facilities attended by the children of such consultant
  270  and employees be exempt from public records requirements if the
  271  consultant or employee has made reasonable efforts to protect
  272  such information from being accessible through other means
  273  available to the public. An impaired practitioner consultant
  274  assists the state and its regulatory boards in implementing an
  275  impaired practitioner treatment program. The consultant provides
  276  the necessary resources to evaluate and monitor program
  277  compliance of licensees, applicants for licensure, and students
  278  enrolled in prelicensure education programs who could be
  279  impaired and, as a result, unable to practice with reasonable
  280  skill and safety to the public. A person who is referred to the
  281  program, but who, in the opinion of the consultant, based on
  282  treatment and compliance monitoring information, fails to
  283  successfully complete its requirements or is an immediate,
  284  serious threat to public safety is at risk of failing to obtain
  285  or losing the license that is necessary to engage in his or her
  286  chosen profession. In 2013, a program participant with a history
  287  of alcohol abuse and cocaine dependence traveled 250 miles
  288  across the state to confront his compliance monitor in the
  289  driveway of her home. Another program participant threatened a
  290  bomb attack on a program office and physical harm to its
  291  employees. As a result of these incidents and other telephone
  292  threats, the Legislature finds that release of identifying and
  293  location information could place an impaired practitioner
  294  consultant or an employee of a consultant whose duties result in
  295  a determination of a person’s skill and safety to practice a
  296  licensed profession, or the spouses and children of such
  297  consultants or their employees in danger of being physically or
  298  emotionally harmed or stalked by a person who has a hostile
  299  reaction to a recommendation, report, or conclusion provided by
  300  a consultant or an employee of a consultant in the determination
  301  of whether the practitioner is impaired. The Legislature further
  302  finds that the harm that may result from the release of such
  303  identifying and location information outweighs any public
  304  benefit that may be derived from the disclosure of the
  305  information.
  306         Section 3. This act shall take effect upon becoming a law.