Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 592 Ì259364>Î259364 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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is subject to the Open 17 Government Sunset Review Act in accordance with s. 119.15 and 18 shall stand repealed on October 2, 2021, unless reviewed and 19 saved from repeal through reenactment by the Legislature. 20 b. The home addresses, telephone numbers, dates of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