Florida Senate - 2016 CS for SB 592 By the Committee on Governmental Oversight and Accountability; and Senator Hutson 585-02229-16 2016592c1 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, dates of birth, 51 and photographs of current or former nonsworn investigative 52 personnel of the Department of Financial Services whose duties 53 include the investigation of fraud, theft, workers’ compensation 54 coverage requirements and compliance, other related criminal 55 activities, or state regulatory requirement violations; the 56 names, home addresses, telephone numbers, dates of birth, and 57 places of employment of the spouses and children of such 58 personnel; and the names and locations of schools and day care 59 facilities attended by the children of such personnel are exempt 60 from s. 119.07(1) and s. 24(a), Art. I of the State 61 Constitution. This sub-sub-subparagraph is subject to the Open 62 Government Sunset Review Act in accordance with s. 119.15 and 63 shall stand repealed on October 2, 2021, unless reviewed and 64 saved from repeal through reenactment by the Legislature. 65 b. The home addresses, telephone numbers, dates of birth, 66 and photographs of firefighters certified in compliance with s. 67 633.408; the home addresses, telephone numbers, photographs, 68 dates of birth, and places of employment of the spouses and 69 children of such firefighters; and the names and locations of 70 schools and day care facilities attended by the children of such 71 firefighters are exempt from s. 119.07(1). 72 c. The home addresses, dates of birth, and telephone 73 numbers of current or former justices of the Supreme Court, 74 district court of appeal judges, circuit court judges, and 75 county court judges; the home addresses, telephone numbers, 76 dates of birth, and places of employment of the spouses and 77 children of current or former justices and judges; and the names 78 and locations of schools and day care facilities attended by the 79 children of current or former justices and judges are exempt 80 from s. 119.07(1). 81 d.(I) The home addresses, telephone numbers, social 82 security numbers, dates of birth, and photographs of current or 83 former state attorneys, assistant state attorneys, statewide 84 prosecutors, or assistant statewide prosecutors; the home 85 addresses, telephone numbers, social security numbers, 86 photographs, dates of birth, and places of employment of the 87 spouses and children of current or former state attorneys, 88 assistant state attorneys, statewide prosecutors, or assistant 89 statewide prosecutors; and the names and locations of schools 90 and day care facilities attended by the children of current or 91 former state attorneys, assistant state attorneys, statewide 92 prosecutors, or assistant statewide prosecutors are exempt from 93 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 94 (II) The names of the spouses and children of current or 95 former state attorneys, assistant state attorneys, statewide 96 prosecutors, or assistant statewide prosecutors are exempt from 97 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 98 (III) Sub-sub-subparagraph (II) is subject to the Open 99 Government Sunset Review Act in accordance with s. 119.15, and 100 shall stand repealed on October 2, 2018, unless reviewed and 101 saved from repeal through reenactment by the Legislature. 102 e. The home addresses, dates of birth, and telephone 103 numbers 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; the home addresses, telephone numbers, dates 107 of birth, and places of employment of the spouses and children 108 of general magistrates, special magistrates, judges of 109 compensation claims, administrative law judges of the Division 110 of Administrative Hearings, and child support enforcement 111 hearing officers; and the names and locations of schools and day 112 care facilities attended by the children of general magistrates, 113 special magistrates, judges of compensation claims, 114 administrative law judges of the Division of Administrative 115 Hearings, and child support enforcement hearing officers are 116 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 117 Constitution if the general magistrate, special magistrate, 118 judge of compensation claims, administrative law judge of the 119 Division of Administrative Hearings, or child support hearing 120 officer provides a written statement that the general 121 magistrate, special magistrate, judge of compensation claims, 122 administrative law judge of the Division of Administrative 123 Hearings, or child support hearing officer has made reasonable 124 efforts to protect such information from being accessible 125 through other means available to the public. 126 f. The home addresses, telephone numbers, dates of birth, 127 and photographs of current or former human resource, labor 128 relations, or employee relations directors, assistant directors, 129 managers, or assistant managers of any local government agency 130 or water management district whose duties include hiring and 131 firing employees, labor contract negotiation, administration, or 132 other personnel-related duties; the names, home addresses, 133 telephone numbers, dates of birth, and places of employment of 134 the spouses and children of such personnel; and the names and 135 locations of schools and day care facilities attended by the 136 children of such personnel are exempt from s. 119.07(1) and s. 137 24(a), Art. I of the State Constitution. 138 g. The home addresses, telephone numbers, dates of birth, 139 and photographs of current or former code enforcement officers; 140 the names, home addresses, telephone numbers, dates of birth, 141 and places of employment of the spouses and children of such 142 personnel; and the names and locations of schools and day care 143 facilities attended by the children of such personnel are exempt 144 from s. 119.07(1) and s. 24(a), Art. I of the State 145 Constitution. 146 h. The home addresses, telephone numbers, places of 147 employment, dates of birth, and photographs of current or former 148 guardians ad litem, as defined in s. 39.820; the names, home 149 addresses, telephone numbers, dates of birth, and places of 150 employment of the spouses and children of such persons; and the 151 names and locations of schools and day care facilities attended 152 by the children of such persons are exempt from s. 119.07(1) and 153 s. 24(a), Art. I of the State Constitution, if the guardian ad 154 litem provides a written statement that the guardian ad litem 155 has made reasonable efforts to protect such information from 156 being accessible through other means available to the public. 157 i. The home addresses, telephone numbers, dates of birth, 158 and photographs of current or former juvenile probation 159 officers, juvenile probation supervisors, detention 160 superintendents, assistant detention superintendents, juvenile 161 justice detention officers I and II, juvenile justice detention 162 officer supervisors, juvenile justice residential officers, 163 juvenile justice residential officer supervisors I and II, 164 juvenile justice counselors, juvenile justice counselor 165 supervisors, human services counselor administrators, senior 166 human services counselor administrators, rehabilitation 167 therapists, and social services counselors of the Department of 168 Juvenile Justice; the names, home addresses, telephone numbers, 169 dates of birth, and places of employment of spouses and children 170 of such personnel; and the names and locations of schools and 171 day care facilities attended by the children of such personnel 172 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 173 Constitution. 174 j.(I) The home addresses, telephone numbers, dates of 175 birth, and photographs of current or former public defenders, 176 assistant public defenders, criminal conflict and civil regional 177 counsel, and assistant criminal conflict and civil regional 178 counsel; the home addresses, telephone numbers, dates of birth, 179 and places of employment of the spouses and children of such 180 defenders or counsel; and the names and locations of schools and 181 day care facilities attended by the children of such defenders 182 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 183 the State Constitution. 184 (II) The names of the spouses and children of the specified 185 agency personnel identified in sub-sub-subparagraph (I) are 186 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 187 Constitution. This sub-sub-subparagraph is subject to the Open 188 Government Sunset Review Act in accordance with s. 119.15 and 189 shall stand repealed on October 2, 2019, unless reviewed and 190 saved from repeal through reenactment by the Legislature. 191 k. The home addresses, telephone numbers, and photographs 192 of current or former investigators or inspectors of the 193 Department of Business and Professional Regulation; the names, 194 home addresses, telephone numbers, and places of employment of 195 the spouses and children of such current or former investigators 196 and inspectors; and the names and locations of schools and day 197 care facilities attended by the children of such current or 198 former investigators and inspectors are exempt from s. 119.07(1) 199 and s. 24(a), Art. I of the State Constitution if the 200 investigator or inspector has made reasonable efforts to protect 201 such information from being accessible through other means 202 available to the public. This sub-subparagraph is subject to the 203 Open Government Sunset Review Act in accordance with s. 119.15 204 and shall stand repealed on October 2, 2017, unless reviewed and 205 saved from repeal through reenactment by the Legislature. 206 l. The home addresses and telephone numbers of county tax 207 collectors; the names, home addresses, telephone numbers, and 208 places of employment of the spouses and children of such tax 209 collectors; and the names and locations of schools and day care 210 facilities attended by the children of such tax collectors are 211 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 212 Constitution if the county tax collector has made reasonable 213 efforts to protect such information from being accessible 214 through other means available to the public. This sub 215 subparagraph is subject to the Open Government Sunset Review Act 216 in accordance with s. 119.15 and shall stand repealed on October 217 2, 2017, unless reviewed and saved from repeal through 218 reenactment by the Legislature. 219 m. The home addresses, telephone numbers, dates of birth, 220 and photographs of current or former personnel of the Department 221 of Health whose duties include, or result in, the determination 222 or adjudication of eligibility for social security disability 223 benefits, the investigation or prosecution of complaints filed 224 against health care practitioners, or the inspection of health 225 care practitioners or health care facilities licensed by the 226 Department of Health; the names, home addresses, telephone 227 numbers, dates of birth, and places of employment of the spouses 228 and children of such personnel; and the names and locations of 229 schools and day care facilities attended by the children of such 230 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 231 the State Constitution if the personnel have made reasonable 232 efforts to protect such information from being accessible 233 through other means available to the public. This sub 234 subparagraph is subject to the Open Government Sunset Review Act 235 in accordance with s. 119.15 and shall stand repealed on October 236 2, 2019, unless reviewed and saved from repeal through 237 reenactment by the Legislature. 238 n. The home addresses, telephone numbers, dates of birth, 239 and photographs of current or former impaired practitioner 240 consultants who are retained by an agency or current or former 241 employees of an impaired practitioner consultant whose duties 242 result in a determination of a person’s skill and safety to 243 practice a licensed profession; the names, home addresses, 244 telephone numbers, dates of birth, and places of employment of 245 the spouses and children of such consultants or their employees; 246 and the names and locations of schools and day care facilities 247 attended by the children of such consultants or employees are 248 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 249 Constitution if a consultant or employee has made reasonable 250 efforts to protect such information from being accessible 251 through other means available to the public. This sub 252 subparagraph is subject to the Open Government Sunset Review Act 253 in accordance with s. 119.15 and shall stand repealed on October 254 2, 2020, unless reviewed and saved from repeal through 255 reenactment by the Legislature. 256 3. An agency that is the custodian of the information 257 specified in subparagraph 2. and that is not the employer of the 258 officer, employee, justice, judge, or other person specified in 259 subparagraph 2. shall maintain the exempt status of that 260 information only if the officer, employee, justice, judge, other 261 person, or employing agency of the designated employee submits a 262 written request for maintenance of the exemption to the 263 custodial agency. 264 4. The exemptions in this paragraph apply to information 265 held by an agency before, on, or after the effective date of the 266 exemption. 267 5. Except as otherwise expressly provided in this 268 paragraph, this paragraph is subject to the Open Government 269 Sunset Review Act in accordance with s. 119.15, and shall stand 270 repealed on October 2, 2017, unless reviewed and saved from 271 repeal through reenactment by the Legislature. 272 Section 2. The Legislature finds that it is a public 273 necessity to exempt from public records requirements the home 274 addresses, telephone numbers, dates of birth, and photographs of 275 current or former nonsworn investigative personnel of the 276 Department of Financial Services whose duties include the 277 investigation of fraud, theft, workers’ compensation coverage 278 requirements and compliance, other related criminal activities, 279 or state regulatory requirement violations; the names, home 280 addresses, telephone numbers, dates of birth, and places of 281 employment of the spouses and children of such personnel; and 282 the names and locations of schools and day care facilities 283 attended by the children of such personnel. The efforts of such 284 personnel can lead to arrests and prosecutions for crimes up to 285 and including first degree felony violations and can also result 286 in the loss of commerce and property, the assessment of monetary 287 fines, or the suspension or loss of professional licenses. The 288 department has documented numerous instances of personnel who 289 have been threatened and who have feared repercussions as a 290 result of carrying out their duties. These threats have included 291 weapons being brandished, verbal threats made to harm them or 292 their family members, harassment, and intimidation. The 293 Legislature finds that the release of such personal identifying 294 and location information might place these nonsworn 295 investigative personnel of the department and their family 296 members in danger of physical and emotional harm from 297 disgruntled individuals who have contentious reactions to 298 actions taken by such personnel, or whose business or 299 professional practices have come under the scrutiny of such 300 personnel. The Legislature further finds that the harm that may 301 result from the release of such personal identifying and 302 location information outweighs any public benefit that may be 303 derived from the disclosure of the information. 304 Section 3. This act shall take effect upon becoming a law.