Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 592
       
       
       
       
       
       
                                Ì259364>Î259364                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Latvala) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 50 - 287
    4  and insert:
    5         (IV) The home addresses, telephone numbers, dates of birth,
    6  and photographs of current or former nonsworn investigative
    7  personnel of the Department of Financial Services whose duties
    8  include the investigation of fraud, theft, workers’ compensation
    9  coverage requirements and compliance, other related criminal
   10  activities, or state regulatory requirement violations; the
   11  names, home addresses, telephone numbers, dates of birth, and
   12  places of employment of the spouses and children of such
   13  personnel; and the names and locations of schools and day care
   14  facilities attended by the children of such personnel are exempt
   15  from s. 119.07(1) and s. 24(a), Art. I of the State
   16  Constitution. This sub-sub-subparagraph is subject to the Open
   17  Government Sunset Review Act in accordance with s. 119.15 and
   18  shall stand repealed on October 2, 2021, unless reviewed and
   19  saved from repeal through reenactment by the Legislature.
   20         b. The home addresses, telephone numbers, dates of birth,
   21  and photographs of firefighters certified in compliance with s.
   22  633.408; the home addresses, telephone numbers, photographs,
   23  dates of birth, and places of employment of the spouses and
   24  children of such firefighters; and the names and locations of
   25  schools and day care facilities attended by the children of such
   26  firefighters are exempt from s. 119.07(1).
   27         c. The home addresses, dates of birth, and telephone
   28  numbers of current or former justices of the Supreme Court,
   29  district court of appeal judges, circuit court judges, and
   30  county court judges; the home addresses, telephone numbers,
   31  dates of birth, and places of employment of the spouses and
   32  children of current or former justices and judges; and the names
   33  and locations of schools and day care facilities attended by the
   34  children of current or former justices and judges are exempt
   35  from s. 119.07(1).
   36         d.(I) The home addresses, telephone numbers, social
   37  security numbers, dates of birth, and photographs of current or
   38  former state attorneys, assistant state attorneys, statewide
   39  prosecutors, or assistant statewide prosecutors; the home
   40  addresses, telephone numbers, social security numbers,
   41  photographs, dates of birth, and places of employment of the
   42  spouses and children of current or former state attorneys,
   43  assistant state attorneys, statewide prosecutors, or assistant
   44  statewide prosecutors; and the names and locations of schools
   45  and day care facilities attended by the children of current or
   46  former state attorneys, assistant state attorneys, statewide
   47  prosecutors, or assistant statewide prosecutors are exempt from
   48  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   49         (II) The names of the spouses and children of current or
   50  former state attorneys, assistant state attorneys, statewide
   51  prosecutors, or assistant statewide prosecutors are exempt from
   52  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   53         (III) Sub-sub-subparagraph (II) is subject to the Open
   54  Government Sunset Review Act in accordance with s. 119.15, and
   55  shall stand repealed on October 2, 2018, unless reviewed and
   56  saved from repeal through reenactment by the Legislature.
   57         e. The home addresses, dates of birth, and telephone
   58  numbers of general magistrates, special magistrates, judges of
   59  compensation claims, administrative law judges of the Division
   60  of Administrative Hearings, and child support enforcement
   61  hearing officers; the home addresses, telephone numbers, dates
   62  of birth, and places of employment of the spouses and children
   63  of general magistrates, special magistrates, judges of
   64  compensation claims, administrative law judges of the Division
   65  of Administrative Hearings, and child support enforcement
   66  hearing officers; and the names and locations of schools and day
   67  care facilities attended by the children of general magistrates,
   68  special magistrates, judges of compensation claims,
   69  administrative law judges of the Division of Administrative
   70  Hearings, and child support enforcement hearing officers are
   71  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   72  Constitution if the general magistrate, special magistrate,
   73  judge of compensation claims, administrative law judge of the
   74  Division of Administrative Hearings, or child support hearing
   75  officer provides a written statement that the general
   76  magistrate, special magistrate, judge of compensation claims,
   77  administrative law judge of the Division of Administrative
   78  Hearings, or child support hearing officer has made reasonable
   79  efforts to protect such information from being accessible
   80  through other means available to the public.
   81         f. The home addresses, telephone numbers, dates of birth,
   82  and photographs of current or former human resource, labor
   83  relations, or employee relations directors, assistant directors,
   84  managers, or assistant managers of any local government agency
   85  or water management district whose duties include hiring and
   86  firing employees, labor contract negotiation, administration, or
   87  other personnel-related duties; the names, home addresses,
   88  telephone numbers, dates of birth, and places of employment of
   89  the spouses and children of such personnel; and the names and
   90  locations of schools and day care facilities attended by the
   91  children of such personnel are exempt from s. 119.07(1) and s.
   92  24(a), Art. I of the State Constitution.
   93         g. The home addresses, telephone numbers, dates of birth,
   94  and photographs of current or former code enforcement officers;
   95  the names, home addresses, telephone numbers, dates of birth,
   96  and places of employment of the spouses and children of such
   97  personnel; and the names and locations of schools and day care
   98  facilities attended by the children of such personnel are exempt
   99  from s. 119.07(1) and s. 24(a), Art. I of the State
  100  Constitution.
  101         h. The home addresses, telephone numbers, places of
  102  employment, dates of birth, and photographs of current or former
  103  guardians ad litem, as defined in s. 39.820; the names, home
  104  addresses, telephone numbers, dates of birth, and places of
  105  employment of the spouses and children of such persons; and the
  106  names and locations of schools and day care facilities attended
  107  by the children of such persons are exempt from s. 119.07(1) and
  108  s. 24(a), Art. I of the State Constitution, if the guardian ad
  109  litem provides a written statement that the guardian ad litem
  110  has made reasonable efforts to protect such information from
  111  being accessible through other means available to the public.
  112         i. The home addresses, telephone numbers, dates of birth,
  113  and photographs of current or former juvenile probation
  114  officers, juvenile probation supervisors, detention
  115  superintendents, assistant detention superintendents, juvenile
  116  justice detention officers I and II, juvenile justice detention
  117  officer supervisors, juvenile justice residential officers,
  118  juvenile justice residential officer supervisors I and II,
  119  juvenile justice counselors, juvenile justice counselor
  120  supervisors, human services counselor administrators, senior
  121  human services counselor administrators, rehabilitation
  122  therapists, and social services counselors of the Department of
  123  Juvenile Justice; the names, home addresses, telephone numbers,
  124  dates of birth, and places of employment of spouses and children
  125  of such personnel; and the names and locations of schools and
  126  day care facilities attended by the children of such personnel
  127  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  128  Constitution.
  129         j.(I) The home addresses, telephone numbers, dates of
  130  birth, and photographs of current or former public defenders,
  131  assistant public defenders, criminal conflict and civil regional
  132  counsel, and assistant criminal conflict and civil regional
  133  counsel; the home addresses, telephone numbers, dates of birth,
  134  and places of employment of the spouses and children of such
  135  defenders or counsel; and the names and locations of schools and
  136  day care facilities attended by the children of such defenders
  137  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  138  the State Constitution.
  139         (II) The names of the spouses and children of the specified
  140  agency personnel identified in sub-sub-subparagraph (I) are
  141  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  142  Constitution. This sub-sub-subparagraph is subject to the Open
  143  Government Sunset Review Act in accordance with s. 119.15 and
  144  shall stand repealed on October 2, 2019, unless reviewed and
  145  saved from repeal through reenactment by the Legislature.
  146         k. The home addresses, telephone numbers, and photographs
  147  of current or former investigators or inspectors of the
  148  Department of Business and Professional Regulation; the names,
  149  home addresses, telephone numbers, and places of employment of
  150  the spouses and children of such current or former investigators
  151  and inspectors; and the names and locations of schools and day
  152  care facilities attended by the children of such current or
  153  former investigators and inspectors are exempt from s. 119.07(1)
  154  and s. 24(a), Art. I of the State Constitution if the
  155  investigator or inspector has made reasonable efforts to protect
  156  such information from being accessible through other means
  157  available to the public. This sub-subparagraph is subject to the
  158  Open Government Sunset Review Act in accordance with s. 119.15
  159  and shall stand repealed on October 2, 2017, unless reviewed and
  160  saved from repeal through reenactment by the Legislature.
  161         l. The home addresses and telephone numbers of county tax
  162  collectors; the names, home addresses, telephone numbers, and
  163  places of employment of the spouses and children of such tax
  164  collectors; and the names and locations of schools and day care
  165  facilities attended by the children of such tax collectors are
  166  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  167  Constitution if the county tax collector has made reasonable
  168  efforts to protect such information from being accessible
  169  through other means available to the public. This sub
  170  subparagraph is subject to the Open Government Sunset Review Act
  171  in accordance with s. 119.15 and shall stand repealed on October
  172  2, 2017, unless reviewed and saved from repeal through
  173  reenactment by the Legislature.
  174         m. The home addresses, telephone numbers, dates of birth,
  175  and photographs of current or former personnel of the Department
  176  of Health whose duties include, or result in, the determination
  177  or adjudication of eligibility for social security disability
  178  benefits, the investigation or prosecution of complaints filed
  179  against health care practitioners, or the inspection of health
  180  care practitioners or health care facilities licensed by the
  181  Department of Health; the names, home addresses, telephone
  182  numbers, dates of birth, and places of employment of the spouses
  183  and children of such personnel; and the names and locations of
  184  schools and day care facilities attended by the children of such
  185  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  186  the State Constitution if the personnel have made reasonable
  187  efforts to protect such information from being accessible
  188  through other means available to the public. This sub
  189  subparagraph is subject to the Open Government Sunset Review Act
  190  in accordance with s. 119.15 and shall stand repealed on October
  191  2, 2019, unless reviewed and saved from repeal through
  192  reenactment by the Legislature.
  193         n. The home addresses, telephone numbers, dates of birth,
  194  and photographs of current or former impaired practitioner
  195  consultants who are retained by an agency or current or former
  196  employees of an impaired practitioner consultant whose duties
  197  result in a determination of a person’s skill and safety to
  198  practice a licensed profession; the names, home addresses,
  199  telephone numbers, dates of birth, and places of employment of
  200  the spouses and children of such consultants or their employees;
  201  and the names and locations of schools and day care facilities
  202  attended by the children of such consultants or employees are
  203  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  204  Constitution if a consultant or employee has made reasonable
  205  efforts to protect such information from being accessible
  206  through other means available to the public. This sub
  207  subparagraph is subject to the Open Government Sunset Review Act
  208  in accordance with s. 119.15 and shall stand repealed on October
  209  2, 2020, unless reviewed and saved from repeal through
  210  reenactment by the Legislature.
  211         3. An agency that is the custodian of the information
  212  specified in subparagraph 2. and that is not the employer of the
  213  officer, employee, justice, judge, or other person specified in
  214  subparagraph 2. shall maintain the exempt status of that
  215  information only if the officer, employee, justice, judge, other
  216  person, or employing agency of the designated employee submits a
  217  written request for maintenance of the exemption to the
  218  custodial agency.
  219         4. The exemptions in this paragraph apply to information
  220  held by an agency before, on, or after the effective date of the
  221  exemption.
  222         5. Except as otherwise expressly provided in this
  223  paragraph, this paragraph is subject to the Open Government
  224  Sunset Review Act in accordance with s. 119.15, and shall stand
  225  repealed on October 2, 2017, unless reviewed and saved from
  226  repeal through reenactment by the Legislature.
  227         Section 2. The Legislature finds that it is a public
  228  necessity to exempt from public records requirements the home
  229  addresses, telephone numbers, dates of birth, and photographs of
  230  current or former nonsworn investigative personnel of the
  231  Department of Financial Services whose duties include the
  232  investigation of fraud, theft, workers’ compensation coverage
  233  requirements and compliance, other related criminal activities,
  234  or state regulatory requirement violations; the names, home
  235  addresses, telephone numbers, dates of birth, and places of
  236  employment of the spouses and children of such personnel; and
  237  the names and locations of schools and day care facilities
  238  attended by the children of such personnel. The efforts of such
  239  personnel can lead to arrests and prosecutions for crimes up to
  240  and including first degree felony violations and can also result
  241  in the loss of commerce and property, the assessment of monetary
  242  fines, or the suspension or loss of professional licenses. The
  243  department has documented numerous instances of personnel who
  244  have been threatened and who have feared repercussions as a
  245  result of carrying out their duties. These threats have included
  246  weapons being brandished, verbal threats made to harm them or
  247  their family members, harassment, and intimidation. The
  248  Legislature