Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for SB 592
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
02/10/2016 05:16 PM .
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 256 - 303
4 and insert:
5 o. The home addresses, telephone numbers, dates of birth,
6 and photographs of current or former emergency medical
7 technicians or paramedics certified under chapter 401; the
8 names, home addresses, telephone numbers, dates of birth, and
9 places of employment of the spouses and children of such
10 emergency medical technicians or paramedics; and the names and
11 locations of schools and day care facilities attended by the
12 children of such emergency medical technicians or paramedics are
13 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution if the emergency medical technicians or paramedics
15 have made reasonable efforts to protect such information from
16 being accessible through other means available to the public.
17 This sub-subparagraph is subject to the Open Government Sunset
18 Review Act in accordance with s. 119.15 and shall stand repealed
19 on October 2, 2021, unless reviewed and saved from repeal
20 through reenactment by the Legislature.
21 3. An agency that is the custodian of the information
22 specified in subparagraph 2. and that is not the employer of the
23 officer, employee, justice, judge, or other person specified in
24 subparagraph 2. shall maintain the exempt status of that
25 information only if the officer, employee, justice, judge, other
26 person, or employing agency of the designated employee submits a
27 written request for maintenance of the exemption to the
28 custodial agency.
29 4. The exemptions in this paragraph apply to information
30 held by an agency before, on, or after the effective date of the
31 exemption.
32 5. Except as otherwise expressly provided in this
33 paragraph, this paragraph is subject to the Open Government
34 Sunset Review Act in accordance with s. 119.15, and shall stand
35 repealed on October 2, 2017, unless reviewed and saved from
36 repeal through reenactment by the Legislature.
37 Section 2. The Legislature finds that it is a public
38 necessity to exempt from public records requirements the home
39 addresses, telephone numbers, dates of birth, and photographs of
40 current or former nonsworn investigative personnel of the
41 Department of Financial Services whose duties include the
42 investigation of fraud, theft, workers’ compensation coverage
43 requirements and compliance, other related criminal activities,
44 or state regulatory requirement violations; the names, home
45 addresses, telephone numbers, dates of birth, and places of
46 employment of the spouses and children of such personnel; and
47 the names and locations of schools and day care facilities
48 attended by the children of such personnel. The efforts of such
49 personnel can lead to arrests and prosecutions for crimes up to
50 and including first degree felony violations and can also result
51 in the loss of commerce and property, the assessment of monetary
52 fines, or the suspension or loss of professional licenses. The
53 department has documented numerous instances of personnel who
54 have been threatened and who have feared repercussions as a
55 result of carrying out their duties. These threats have included
56 weapons being brandished, verbal threats made to harm them or
57 their family members, harassment, and intimidation. The
58 Legislature finds that the release of such personal identifying
59 and location information might place these nonsworn
60 investigative personnel of the department and their family
61 members in danger of physical and emotional harm from
62 disgruntled individuals who have contentious reactions to
63 actions taken by such personnel, or whose business or
64 professional practices have come under the scrutiny of such
65 personnel. The Legislature further finds that the harm that may
66 result from the release of such personal identifying and
67 location information outweighs any public benefit that may be
68 derived from the disclosure of the information.
69 Section 3. The Legislature finds that it is a public
70 necessity that the home addresses, telephone numbers, dates of
71 birth, and photographs of current or former emergency medical
72 technicians or paramedics certified under chapter 401, Florida
73 Statutes; that the names, home addresses, telephone numbers, and
74 places of employment of the spouses and children of such
75 emergency medical technicians or paramedics; and that the names
76 and locations of schools and day care facilities attended by the
77 children of such emergency medical technicians or paramedics be
78 exempt from public records requirements if the emergency medical
79 technicians or paramedics have made reasonable efforts to
80 protect such information from being accessible through other
81 means available to the public. Emergency medical technicians or
82 paramedics are public safety officers whose duties as first
83 responders to accidents and life-threatening events often place
84 them in traumatic circumstances in which loss of life and severe
85 bodily injuries have occurred. They often deal with violent,
86 angry, or mentally unstable individuals. As a result, the
87 Legislature finds that release of identifying and location
88 information of emergency medical technicians or paramedics
89 certified under chapter 401, Florida Statutes, or the spouses
90 and children of such emergency medical technicians or
91 paramedics, could place them in danger of being physically or
92 emotionally harmed or stalked by a person who has a hostile
93 reaction to his or her encounter with such emergency medical
94 technicians or paramedics. The Legislature further finds that
95 the harm that may result from the release of such identifying
96 and location information outweighs any public benefit that may
97 be derived from the disclosure of the information.
98
99 ================= T I T L E A M E N D M E N T ================
100 And the title is amended as follows:
101 Delete lines 9 - 10
102 and insert:
103 personnel; providing an exemption from public records
104 requirements for certain identifying and location
105 information of current or former emergency medical
106 technicians or paramedics certified under ch. 401,
107 F.S., and the spouses and children of such emergency
108 medical technicians or paramedics, under specified
109 circumstances; providing for future review and repeal
110 of the exemptions; providing statements of public