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(II) is subject to the Open 45 Government Sunset Review Act in accordance with s. 119.15, and 46 shall stand repealed on October 2, 2018, unless reviewed and 47 saved from repeal through reenactment by the Legislature. 48 b.(I) The home addresses, telephone numbers, dates of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.