Florida Senate - 2016                                    SB 1186
       
       
        
       By Senator Bullard
       
       39-01537-16                                           20161186__
    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 identification and
    5         location information relating to former firefighters
    6         and their spouses and children; providing for future
    7         legislative review and repeal of the exemption;
    8         providing a statement of public necessity; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (4) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (4) AGENCY PERSONNEL INFORMATION.—
   18         (d)1. For purposes of this paragraph, the term “telephone
   19  numbers” includes home telephone numbers, personal cellular
   20  telephone numbers, personal pager telephone numbers, and
   21  telephone numbers associated with personal communications
   22  devices.
   23         2.a.(I) The home addresses, telephone numbers, social
   24  security numbers, dates of birth, and photographs of active or
   25  former sworn or civilian law enforcement personnel, including
   26  correctional and correctional probation officers, personnel of
   27  the Department of Children and Families whose duties include the
   28  investigation of abuse, neglect, exploitation, fraud, theft, or
   29  other criminal activities, personnel of the Department of Health
   30  whose duties are to support the investigation of child abuse or
   31  neglect, and personnel of the Department of Revenue or local
   32  governments whose responsibilities include revenue collection
   33  and enforcement or child support enforcement; the home
   34  addresses, telephone numbers, social security numbers,
   35  photographs, dates of birth, and places of employment of the
   36  spouses and children of such personnel; and the names and
   37  locations of schools and day care facilities attended by the
   38  children of such personnel are exempt from s. 119.07(1).
   39         (II) The names of the spouses and children of active or
   40  former sworn or civilian law enforcement personnel and the other
   41  specified agency personnel identified in sub-sub-subparagraph
   42  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   43  State Constitution.
   44         (III) Sub-sub-subparagraph (II) is subject to the Open
   45  Government Sunset Review Act in accordance with s. 119.15, and
   46  shall stand repealed on October 2, 2018, unless reviewed and
   47  saved from repeal through reenactment by the Legislature.
   48         b.(I) The home addresses, telephone numbers, dates of
   49  birth, and photographs of firefighters certified in compliance
   50  with s. 633.408; the home addresses, telephone numbers,
   51  photographs, dates of birth, and places of employment of the
   52  spouses and children of such firefighters; and the names and
   53  locations of schools and day care facilities attended by the
   54  children of such firefighters are exempt from s. 119.07(1).
   55         (II) The home addresses, telephone numbers, dates of birth,
   56  and photographs of former firefighters certified in compliance
   57  with s. 633.408; the home addresses, telephone numbers,
   58  photographs, dates of birth, and places of employment of the
   59  spouses and children of such firefighters; and the names and
   60  locations of schools and day care facilities attended by the
   61  children of such firefighters are exempt from s. 119.07(1) and
   62  s. 24(a), Art. I of the State Constitution. This sub-sub
   63  subparagraph is subject to the Open Government Sunset Review Act
   64  in accordance with s. 119.15, and shall stand repealed on
   65  October 2, 2021, unless reviewed and saved from repeal through
   66  reenactment by the Legislature.
   67         c. The home addresses, dates of birth, and telephone
   68  numbers of current or former justices of the Supreme Court,
   69  district court of appeal judges, circuit court judges, and
   70  county court judges; the home addresses, telephone numbers,
   71  dates of birth, and places of employment of the spouses and
   72  children of current or former justices and judges; and the names
   73  and locations of schools and day care facilities attended by the
   74  children of current or former justices and judges are exempt
   75  from s. 119.07(1).
   76         d.(I) The home addresses, telephone numbers, social
   77  security numbers, dates of birth, and photographs of current or
   78  former state attorneys, assistant state attorneys, statewide
   79  prosecutors, or assistant statewide prosecutors; the home
   80  addresses, telephone numbers, social security numbers,
   81  photographs, dates of birth, and places of employment of the
   82  spouses and children of current or former state attorneys,
   83  assistant state attorneys, statewide prosecutors, or assistant
   84  statewide prosecutors; and the names and locations of schools
   85  and day care facilities attended by the children of current or
   86  former state attorneys, assistant state attorneys, statewide
   87  prosecutors, or assistant statewide prosecutors are exempt from
   88  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   89         (II) The names of the spouses and children of current or
   90  former state attorneys, assistant state attorneys, statewide
   91  prosecutors, or assistant statewide prosecutors are exempt from
   92  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   93         (III) Sub-sub-subparagraph (II) is subject to the Open
   94  Government Sunset Review Act in accordance with s. 119.15, and
   95  shall stand repealed on October 2, 2018, unless reviewed and
   96  saved from repeal through reenactment by the Legislature.
   97         e. The home addresses, dates of birth, and telephone
   98  numbers of general magistrates, special magistrates, judges of
   99  compensation claims, administrative law judges of the Division
  100  of Administrative Hearings, and child support enforcement
  101  hearing officers; the home addresses, telephone numbers, dates
  102  of birth, and places of employment of the spouses and children
  103  of general magistrates, special magistrates, judges of
  104  compensation claims, administrative law judges of the Division
  105  of Administrative Hearings, and child support enforcement
  106  hearing officers; and the names and locations of schools and day
  107  care facilities attended by the children of general magistrates,
  108  special magistrates, judges of compensation claims,
  109  administrative law judges of the Division of Administrative
  110  Hearings, and child support enforcement hearing officers are
  111  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  112  Constitution if the general magistrate, special magistrate,
  113  judge of compensation claims, administrative law judge of the
  114  Division of Administrative Hearings, or child support hearing
  115  officer provides a written statement that the general
  116  magistrate, special magistrate, judge of compensation claims,
  117  administrative law judge of the Division of Administrative
  118  Hearings, or child support hearing officer has made reasonable
  119  efforts to protect such information from being accessible
  120  through other means available to the public.
  121         f. The home addresses, telephone numbers, dates of birth,
  122  and photographs of current or former human resource, labor
  123  relations, or employee relations directors, assistant directors,
  124  managers, or assistant managers of any local government agency
  125  or water management district whose duties include hiring and
  126  firing employees, labor contract negotiation, administration, or
  127  other personnel-related duties; the names, home addresses,
  128  telephone numbers, dates of birth, and places of employment of
  129  the spouses and children of such personnel; and the names and
  130  locations of schools and day care facilities attended by the
  131  children of such personnel are exempt from s. 119.07(1) and s.
  132  24(a), Art. I of the State Constitution.
  133         g. The home addresses, telephone numbers, dates of birth,
  134  and photographs of current or former code enforcement officers;
  135  the names, home addresses, telephone numbers, dates of birth,
  136  and places of employment of the spouses and children of such
  137  personnel; and the names and locations of schools and day care
  138  facilities attended by the children of such personnel are exempt
  139  from s. 119.07(1) and s. 24(a), Art. I of the State
  140  Constitution.
  141         h. The home addresses, telephone numbers, places of
  142  employment, dates of birth, and photographs of current or former
  143  guardians ad litem, as defined in s. 39.820; the names, home
  144  addresses, telephone numbers, dates of birth, and places of
  145  employment of the spouses and children of such persons; and the
  146  names and locations of schools and day care facilities attended
  147  by the children of such persons are exempt from s. 119.07(1) and
  148  s. 24(a), Art. I of the State Constitution, if the guardian ad
  149  litem provides a written statement that the guardian ad litem
  150  has made reasonable efforts to protect such information from
  151  being accessible through other means available to the public.
  152         i. The home addresses, telephone numbers, dates of birth,
  153  and photographs of current or former juvenile probation
  154  officers, juvenile probation supervisors, detention
  155  superintendents, assistant detention superintendents, juvenile
  156  justice detention officers I and II, juvenile justice detention
  157  officer supervisors, juvenile justice residential officers,
  158  juvenile justice residential officer supervisors I and II,
  159  juvenile justice counselors, juvenile justice counselor
  160  supervisors, human services counselor administrators, senior
  161  human services counselor administrators, rehabilitation
  162  therapists, and social services counselors of the Department of
  163  Juvenile Justice; the names, home addresses, telephone numbers,
  164  dates of birth, and places of employment of spouses and children
  165  of such personnel; and the names and locations of schools and
  166  day care facilities attended by the children of such personnel
  167  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  168  Constitution.
  169         j.(I) The home addresses, telephone numbers, dates of
  170  birth, and photographs of current or former public defenders,
  171  assistant public defenders, criminal conflict and civil regional
  172  counsel, and assistant criminal conflict and civil regional
  173  counsel; the home addresses, telephone numbers, dates of birth,
  174  and places of employment of the spouses and children of such
  175  defenders or counsel; and the names and locations of schools and
  176  day care facilities attended by the children of such defenders
  177  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  178  the State Constitution.
  179         (II) The names of the spouses and children of the specified
  180  agency personnel identified in sub-sub-subparagraph (I) are
  181  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  182  Constitution. This sub-sub-subparagraph is subject to the Open
  183  Government Sunset Review Act in accordance with s. 119.15 and
  184  shall stand repealed on October 2, 2019, unless reviewed and
  185  saved from repeal through reenactment by the Legislature.
  186         k. The home addresses, telephone numbers, and photographs
  187  of current or former investigators or inspectors of the
  188  Department of Business and Professional Regulation; the names,
  189  home addresses, telephone numbers, and places of employment of
  190  the spouses and children of such current or former investigators
  191  and inspectors; and the names and locations of schools and day
  192  care facilities attended by the children of such current or
  193  former investigators and inspectors are exempt from s. 119.07(1)
  194  and s. 24(a), Art. I of the State Constitution if the
  195  investigator or inspector has made reasonable efforts to protect
  196  such information from being accessible through other means
  197  available to the public. This sub-subparagraph is subject to the
  198  Open Government Sunset Review Act in accordance with s. 119.15
  199  and shall stand repealed on October 2, 2017, unless reviewed and
  200  saved from repeal through reenactment by the Legislature.
  201         l. The home addresses and telephone numbers of county tax
  202  collectors; the names, home addresses, telephone numbers, and
  203  places of employment of the spouses and children of such tax
  204  collectors; and the names and locations of schools and day care
  205  facilities attended by the children of such tax collectors are
  206  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  207  Constitution if the county tax collector has made reasonable
  208  efforts to protect such information from being accessible
  209  through other means available to the public. This sub
  210  subparagraph is subject to the Open Government Sunset Review Act
  211  in accordance with s. 119.15 and shall stand repealed on October
  212  2, 2017, unless reviewed and saved from repeal through
  213  reenactment by the Legislature.
  214         m. The home addresses, telephone numbers, dates of birth,
  215  and photographs of current or former personnel of the Department
  216  of Health whose duties include, or result in, the determination
  217  or adjudication of eligibility for social security disability
  218  benefits, the investigation or prosecution of complaints filed
  219  against health care practitioners, or the inspection of health
  220  care practitioners or health care facilities licensed by the
  221  Department of Health; the names, home addresses, telephone
  222  numbers, dates of birth, and places of employment of the spouses
  223  and children of such personnel; and the names and locations of
  224  schools and day care facilities attended by the children of such
  225  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  226  the State Constitution if the personnel have made reasonable
  227  efforts to protect such information from being accessible
  228  through other means available to the public. This sub
  229  subparagraph is subject to the Open Government Sunset Review Act
  230  in accordance with s. 119.15 and shall stand repealed on October
  231  2, 2019, unless reviewed and saved from repeal through
  232  reenactment by the Legislature.
  233         n. The home addresses, telephone numbers, dates of birth,
  234  and photographs of current or former impaired practitioner
  235  consultants who are retained by an agency or current or former
  236  employees of an impaired practitioner consultant whose duties
  237  result in a determination of a person’s skill and safety to
  238  practice a licensed profession; the names, home addresses,
  239  telephone numbers, dates of birth, and places of employment of
  240  the spouses and children of such consultants or their employees;
  241  and the names and locations of schools and day care facilities
  242  attended by the children of such consultants or employees are
  243  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  244  Constitution if a consultant or employee has made reasonable
  245  efforts to protect such information from being accessible
  246  through other means available to the public. This sub
  247  subparagraph is subject to the Open Government Sunset Review Act
  248  in accordance with s. 119.15 and shall stand repealed on October
  249  2, 2020, unless reviewed and saved from repeal through
  250  reenactment by the Legislature.
  251         3. An agency that is the custodian of the information
  252  specified in subparagraph 2. and that is not the employer of the
  253  officer, employee, justice, judge, or other person specified in
  254  subparagraph 2. shall maintain the exempt status of that
  255  information only if the officer, employee, justice, judge, other
  256  person, or employing agency of the designated employee submits a
  257  written request for maintenance of the exemption to the
  258  custodial agency.
  259         4. The exemptions in this paragraph apply to information
  260  held by an agency before, on, or after the effective date of the
  261  exemption.
  262         5. Except as otherwise expressly provided in this
  263  paragraph, this paragraph is subject to the Open Government
  264  Sunset Review Act in accordance with s. 119.15, and shall stand
  265  repealed on October 2, 2017, unless reviewed and saved from
  266  repeal through reenactment by the Legislature.
  267         Section 2. The Legislature finds that it is a public
  268  necessity that the home addresses, telephone numbers,
  269  photographs, dates of birth, and photographs of former
  270  firefighters certified in compliance with s. 633.408, Florida
  271  Statutes; the home addresses, telephone numbers, photographs,
  272  dates of birth, and places of employment of the spouses and
  273  children of such firefighters; and the names and locations of
  274  schools and day care facilities attended by the children of such
  275  firefighters be exempt from s. 119.07(1), Florida Statutes, and
  276  s. 24(a), Article I of the State Constitution. The public
  277  disclosure of such identification and location information could
  278  place former firefighters, and their spouses and children, at
  279  risk of being physically or emotionally harmed or stalked.
  280  Throughout the course of their career, firefighters become
  281  involved in situations that sometimes result in death or
  282  significant property damage and are at times blamed for the
  283  outcome of these situations. In addition, firefighters often
  284  become involved in criminal arson investigations. As a result of
  285  their involvement in an investigation and any subsequent legal
  286  proceedings, a firefighter or his or her spouse or children may
  287  become targets for acts of violence or revenge. The risk of harm
  288  from publicly disclosing such identification and location
  289  information continues for a firefighter, and his or her spouse
  290  or children, after he or she concludes service as a firefighter.
  291  Therefore, the Legislature finds that former firefighters, and
  292  their spouses or children, are entitled to the same protections
  293  afforded to current firefighters certified in compliance with s.
  294  633.408, Florida Statutes, and their spouses or children.
  295         Section 3. This act shall take effect July 1, 2016.