Florida Senate - 2016 SB 592
By Senator Hutson
6-00524-16 2016592__
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 the personal identifying and
5 location information of certain nonsworn investigative
6 personnel of the Department of Financial Services and
7 the names and personal identifying and location
8 information of the spouses and children of such
9 personnel; providing for future review and repeal of
10 the exemption; providing a statement of public
11 necessity; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (d) of subsection (4) of section
16 119.071, Florida Statutes, is amended to read:
17 119.071 General exemptions from inspection or copying of
18 public records.—
19 (4) AGENCY PERSONNEL INFORMATION.—
20 (d)1. For purposes of this paragraph, the term “telephone
21 numbers” includes home telephone numbers, personal cellular
22 telephone numbers, personal pager telephone numbers, and
23 telephone numbers associated with personal communications
24 devices.
25 2.a.(I) The home addresses, telephone numbers, social
26 security numbers, dates of birth, and photographs of active or
27 former sworn or civilian law enforcement personnel, including
28 correctional and correctional probation officers, personnel of
29 the Department of Children and Families whose duties include the
30 investigation of abuse, neglect, exploitation, fraud, theft, or
31 other criminal activities, personnel of the Department of Health
32 whose duties are to support the investigation of child abuse or
33 neglect, and personnel of the Department of Revenue or local
34 governments whose responsibilities include revenue collection
35 and enforcement or child support enforcement; the home
36 addresses, telephone numbers, social security numbers,
37 photographs, dates of birth, and places of employment of the
38 spouses and children of such personnel; and the names and
39 locations of schools and day care facilities attended by the
40 children of such personnel are exempt from s. 119.07(1).
41 (II) The names of the spouses and children of active or
42 former sworn or civilian law enforcement personnel and the other
43 specified agency personnel identified in sub-sub-subparagraph
44 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
45 State Constitution.
46 (III) Sub-sub-subparagraph (II) is subject to the Open
47 Government Sunset Review Act in accordance with s. 119.15, and
48 shall stand repealed on October 2, 2018, unless reviewed and
49 saved from repeal through reenactment by the Legislature.
50 (IV) The home addresses, telephone numbers, social security
51 numbers, dates of birth, and photographs of nonsworn
52 investigative personnel of the Department of Financial Services
53 whose duties include the investigation of fraud, theft, workers’
54 compensation coverage requirements and compliance, other
55 criminal activities, or state regulatory requirement violations;
56 the names, home addresses, telephone numbers, social security
57 numbers, photographs, dates of birth, and places of employment
58 of the spouses and children of such personnel; and the names and
59 locations of schools and child care facilities attended by the
60 children of such personnel are exempt from s. 119.07(1) and s.
61 24(a), Art. I of the State Constitution. This sub-sub
62 subparagraph is subject to the Open Government Sunset Review Act
63 in accordance with s. 119.15 and shall stand repealed on October
64 2, 2021, unless reviewed and saved from repeal through
65 reenactment by the Legislature.
66 b. The home addresses, telephone numbers, dates of birth,
67 and photographs of firefighters certified in compliance with s.
68 633.408; the home addresses, telephone numbers, photographs,
69 dates of birth, and places of employment of the spouses and
70 children of such firefighters; and the names and locations of
71 schools and day care facilities attended by the children of such
72 firefighters are exempt from s. 119.07(1).
73 c. The home addresses, dates of birth, and telephone
74 numbers of current or former justices of the Supreme Court,
75 district court of appeal judges, circuit court judges, and
76 county court judges; the home addresses, telephone numbers,
77 dates of birth, and places of employment of the spouses and
78 children of current or former justices and judges; and the names
79 and locations of schools and day care facilities attended by the
80 children of current or former justices and judges are exempt
81 from s. 119.07(1).
82 d.(I) The home addresses, telephone numbers, social
83 security numbers, dates of birth, and photographs of current or
84 former state attorneys, assistant state attorneys, statewide
85 prosecutors, or assistant statewide prosecutors; the home
86 addresses, telephone numbers, social security numbers,
87 photographs, dates of birth, and places of employment of the
88 spouses and children of current or former state attorneys,
89 assistant state attorneys, statewide prosecutors, or assistant
90 statewide prosecutors; and the names and locations of schools
91 and day care facilities attended by the children of current or
92 former state attorneys, assistant state attorneys, statewide
93 prosecutors, or assistant statewide prosecutors are exempt from
94 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
95 (II) The names of the spouses and children of current or
96 former state attorneys, assistant state attorneys, statewide
97 prosecutors, or assistant statewide prosecutors are exempt from
98 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
99 (III) Sub-sub-subparagraph (II) is subject to the Open
100 Government Sunset Review Act in accordance with s. 119.15, and
101 shall stand repealed on October 2, 2018, unless reviewed and
102 saved from repeal through reenactment by the Legislature.
103 e. The home addresses, dates of birth, and telephone
104 numbers of general magistrates, special magistrates, judges of
105 compensation claims, administrative law judges of the Division
106 of Administrative Hearings, and child support enforcement
107 hearing officers; the home addresses, telephone numbers, dates
108 of birth, and places of employment of the spouses and children
109 of general magistrates, special magistrates, judges of
110 compensation claims, administrative law judges of the Division
111 of Administrative Hearings, and child support enforcement
112 hearing officers; and the names and locations of schools and day
113 care facilities attended by the children of general magistrates,
114 special magistrates, judges of compensation claims,
115 administrative law judges of the Division of Administrative
116 Hearings, and child support enforcement hearing officers are
117 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
118 Constitution if the general magistrate, special magistrate,
119 judge of compensation claims, administrative law judge of the
120 Division of Administrative Hearings, or child support hearing
121 officer provides a written statement that the general
122 magistrate, special magistrate, judge of compensation claims,
123 administrative law judge of the Division of Administrative
124 Hearings, or child support hearing officer has made reasonable
125 efforts to protect such information from being accessible
126 through other means available to the public.
127 f. The home addresses, telephone numbers, dates of birth,
128 and photographs of current or former human resource, labor
129 relations, or employee relations directors, assistant directors,
130 managers, or assistant managers of any local government agency
131 or water management district whose duties include hiring and
132 firing employees, labor contract negotiation, administration, or
133 other personnel-related duties; the names, home addresses,
134 telephone numbers, dates of birth, and places of employment of
135 the spouses and children of such personnel; and the names and
136 locations of schools and day care facilities attended by the
137 children of such personnel are exempt from s. 119.07(1) and s.
138 24(a), Art. I of the State Constitution.
139 g. The home addresses, telephone numbers, dates of birth,
140 and photographs of current or former code enforcement officers;
141 the names, home addresses, telephone numbers, dates of birth,
142 and places of employment of the spouses and children of such
143 personnel; and the names and locations of schools and day care
144 facilities attended by the children of such personnel are exempt
145 from s. 119.07(1) and s. 24(a), Art. I of the State
146 Constitution.
147 h. The home addresses, telephone numbers, places of
148 employment, dates of birth, and photographs of current or former
149 guardians ad litem, as defined in s. 39.820; the names, home
150 addresses, telephone numbers, dates of birth, and places of
151 employment of the spouses and children of such persons; and the
152 names and locations of schools and day care facilities attended
153 by the children of such persons are exempt from s. 119.07(1) and
154 s. 24(a), Art. I of the State Constitution, if the guardian ad
155 litem provides a written statement that the guardian ad litem
156 has made reasonable efforts to protect such information from
157 being accessible through other means available to the public.
158 i. The home addresses, telephone numbers, dates of birth,
159 and photographs of current or former juvenile probation
160 officers, juvenile probation supervisors, detention
161 superintendents, assistant detention superintendents, juvenile
162 justice detention officers I and II, juvenile justice detention
163 officer supervisors, juvenile justice residential officers,
164 juvenile justice residential officer supervisors I and II,
165 juvenile justice counselors, juvenile justice counselor
166 supervisors, human services counselor administrators, senior
167 human services counselor administrators, rehabilitation
168 therapists, and social services counselors of the Department of
169 Juvenile Justice; the names, home addresses, telephone numbers,
170 dates of birth, and places of employment of spouses and children
171 of such personnel; and the names and locations of schools and
172 day care facilities attended by the children of such personnel
173 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
174 Constitution.
175 j.(I) The home addresses, telephone numbers, dates of
176 birth, and photographs of current or former public defenders,
177 assistant public defenders, criminal conflict and civil regional
178 counsel, and assistant criminal conflict and civil regional
179 counsel; the home addresses, telephone numbers, dates of birth,
180 and places of employment of the spouses and children of such
181 defenders or counsel; and the names and locations of schools and
182 day care facilities attended by the children of such defenders
183 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
184 the State Constitution.
185 (II) The names of the spouses and children of the specified
186 agency personnel identified in sub-sub-subparagraph (I) are
187 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
188 Constitution. This sub-sub-subparagraph is subject to the Open
189 Government Sunset Review Act in accordance with s. 119.15 and
190 shall stand repealed on October 2, 2019, unless reviewed and
191 saved from repeal through reenactment by the Legislature.
192 k. The home addresses, telephone numbers, and photographs
193 of current or former investigators or inspectors of the
194 Department of Business and Professional Regulation; the names,
195 home addresses, telephone numbers, and places of employment of
196 the spouses and children of such current or former investigators
197 and inspectors; and the names and locations of schools and day
198 care facilities attended by the children of such current or
199 former investigators and inspectors are exempt from s. 119.07(1)
200 and s. 24(a), Art. I of the State Constitution if the
201 investigator or inspector has made reasonable efforts to protect
202 such information from being accessible through other means
203 available to the public. This sub-subparagraph is subject to the
204 Open Government Sunset Review Act in accordance with s. 119.15
205 and shall stand repealed on October 2, 2017, unless reviewed and
206 saved from repeal through reenactment by the Legislature.
207 l. The home addresses and telephone numbers of county tax
208 collectors; the names, home addresses, telephone numbers, and
209 places of employment of the spouses and children of such tax
210 collectors; and the names and locations of schools and day care
211 facilities attended by the children of such tax collectors are
212 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
213 Constitution if the county tax collector has made reasonable
214 efforts to protect such information from being accessible
215 through other means available to the public. This sub
216 subparagraph is subject to the Open Government Sunset Review Act
217 in accordance with s. 119.15 and shall stand repealed on October
218 2, 2017, unless reviewed and saved from repeal through
219 reenactment by the Legislature.
220 m. The home addresses, telephone numbers, dates of birth,
221 and photographs of current or former personnel of the Department
222 of Health whose duties include, or result in, the determination
223 or adjudication of eligibility for social security disability
224 benefits, the investigation or prosecution of complaints filed
225 against health care practitioners, or the inspection of health
226 care practitioners or health care facilities licensed by the
227 Department of Health; the names, home addresses, telephone
228 numbers, dates of birth, and places of employment of the spouses
229 and children of such personnel; and the names and locations of
230 schools and day care facilities attended by the children of such
231 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
232 the State Constitution if the personnel have made reasonable
233 efforts to protect such information from being accessible
234 through other means available to the public. This sub
235 subparagraph is subject to the Open Government Sunset Review Act
236 in accordance with s. 119.15 and shall stand repealed on October
237 2, 2019, unless reviewed and saved from repeal through
238 reenactment by the Legislature.
239 n. The home addresses, telephone numbers, dates of birth,
240 and photographs of current or former impaired practitioner
241 consultants who are retained by an agency or current or former
242 employees of an impaired practitioner consultant whose duties
243 result in a determination of a person’s skill and safety to
244 practice a licensed profession; the names, home addresses,
245 telephone numbers, dates of birth, and places of employment of
246 the spouses and children of such consultants or their employees;
247 and the names and locations of schools and day care facilities
248 attended by the children of such consultants or employees are
249 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
250 Constitution if a consultant or employee has made reasonable
251 efforts to protect such information from being accessible
252 through other means available to the public. This sub
253 subparagraph is subject to the Open Government Sunset Review Act
254 in accordance with s. 119.15 and shall stand repealed on October
255 2, 2020, unless reviewed and saved from repeal through
256 reenactment by the Legislature.
257 3. An agency that is the custodian of the information
258 specified in subparagraph 2. and that is not the employer of the
259 officer, employee, justice, judge, or other person specified in
260 subparagraph 2. shall maintain the exempt status of that
261 information only if the officer, employee, justice, judge, other
262 person, or employing agency of the designated employee submits a
263 written request for maintenance of the exemption to the
264 custodial agency.
265 4. The exemptions in this paragraph apply to information
266 held by an agency before, on, or after the effective date of the
267 exemption.
268 5. Except as otherwise expressly provided in this
269 paragraph, this paragraph is subject to the Open Government
270 Sunset Review Act in accordance with s. 119.15, and shall stand
271 repealed on October 2, 2017, unless reviewed and saved from
272 repeal through reenactment by the Legislature.
273 Section 2. The Legislature finds that it is a public
274 necessity to exempt from public records requirements the home
275 addresses, telephone numbers, social security numbers, dates of
276 birth, and photographs of nonsworn investigative personnel of
277 the Department of Financial Services whose duties include, or
278 result in, a determination or adjudication of public assistance
279 fraud, insurance fraud, failure to comply with workers’
280 compensation law requirements, failure to comply with licensure
281 or registration requirements for industries regulated by the
282 department, and other instances of administrative and criminal
283 misconduct; the names, home addresses, telephone numbers, social
284 security numbers, photographs, dates of birth, and places of
285 employment of the spouses and children of such personnel; and
286 the names and locations of schools and child care facilities
287 attended by the children of such personnel. The Legislature
288 finds that the release of such personal identifying and location
289 information might place these nonsworn investigative personnel
290 of the department and their family members in danger of physical
291 and emotional harm from disgruntled individuals who have
292 contentious reactions to actions taken by such personnel, or
293 whose business or professional practices have come under the
294 scrutiny of such personnel. The Legislature further finds that
295 the harm that may result from the release of such personal
296 identifying and location information outweighs any public
297 benefit that may be derived from the disclosure of the
298 information.
299 Section 3. This act shall take effect upon becoming a law.