Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 752 Ì174386HÎ174386 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/10/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Gibson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (d) of subsection (4) of section 6 119.071, Florida Statutes, is amended to read: 7 119.071 General exemptions from inspection or copying of 8 public records.— 9 (4) AGENCY PERSONNEL INFORMATION.— 10 (d)1. For purposes of this paragraph, the term “telephone 11 numbers” includes home telephone numbers, personal cellular 12 telephone numbers, personal pager telephone numbers, and 13 telephone numbers associated with personal communications 14 devices. 15 2.a.(I) The home addresses, telephone numbers, social 16 security numbers, dates of birth, and photographs of active or 17 former sworn or civilian law enforcement personnel, including 18 correctional and correctional probation officers, personnel of 19 the Department of Children and Families whose duties include the 20 investigation of abuse, neglect, exploitation, fraud, theft, or 21 other criminal activities, personnel of the Department of Health 22 whose duties are to support the investigation of child abuse or 23 neglect, and personnel of the Department of Revenue or local 24 governments whose responsibilities include revenue collection 25 and enforcement or child support enforcement; the home 26 addresses, telephone numbers, social security numbers, 27 photographs, dates of birth, and places of employment of the 28 spouses and children of such personnel; and the names and 29 locations of schools and day care facilities attended by the 30 children of such personnel are exempt from s. 119.07(1). 31 (II) The names of the spouses and children of active or 32 former sworn or civilian law enforcement personnel and the other 33 specified agency personnel identified in sub-sub-subparagraph 34 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the 35 State Constitution. 36 (III) Sub-sub-subparagraph (II) is subject to the Open 37 Government Sunset Review Act in accordance with s. 119.15, and 38 shall stand repealed on October 2, 2018, unless reviewed and 39 saved from repeal through reenactment by the Legislature. 40 b. The home addresses, telephone numbers, dates of birth, 41 and photographs of firefighters certified in compliance with s. 42 633.408; the home addresses, telephone numbers, photographs, 43 dates of birth, and places of employment of the spouses and 44 children of such firefighters; and the names and locations of 45 schools and day care facilities attended by the children of such 46 firefighters are exempt from s. 119.07(1). 47 c. The home addresses, dates of birth, and telephone 48 numbers of current or former justices of the Supreme Court, 49 district court of appeal judges, circuit court judges, and 50 county court judges; the home addresses, telephone numbers, 51 dates of birth, and places of employment of the spouses and 52 children of current or former justices and judges; and the names 53 and locations of schools and day care facilities attended by the 54 children of current or former justices and judges are exempt 55 from s. 119.07(1). 56 d.(I) The home addresses, telephone numbers, social 57 security numbers, dates of birth, and photographs of current or 58 former state attorneys, assistant state attorneys, statewide 59 prosecutors, or assistant statewide prosecutors; the home 60 addresses, telephone numbers, social security numbers, 61 photographs, dates of birth, and places of employment of the 62 spouses and children of current or former state attorneys, 63 assistant state attorneys, statewide prosecutors, or assistant 64 statewide prosecutors; and the names and locations of schools 65 and day care facilities attended by the children of current or 66 former state attorneys, assistant state attorneys, statewide 67 prosecutors, or assistant statewide prosecutors are exempt from 68 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 69 (II) The names of the spouses and children of current or 70 former state attorneys, assistant state attorneys, statewide 71 prosecutors, or assistant statewide prosecutors are exempt from 72 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 73 (III) Sub-sub-subparagraph (II) is subject to the Open 74 Government Sunset Review Act in accordance with s. 119.15, and 75 shall stand repealed on October 2, 2018, unless reviewed and 76 saved from repeal through reenactment by the Legislature. 77 e. The home addresses, dates of birth, and telephone 78 numbers of general magistrates, special magistrates, judges of 79 compensation claims, administrative law judges of the Division 80 of Administrative Hearings, and child support enforcement 81 hearing officers; the home addresses, telephone numbers, dates 82 of birth, and places of employment of the spouses and children 83 of general magistrates, special magistrates, judges of 84 compensation claims, administrative law judges of the Division 85 of Administrative Hearings, and child support enforcement 86 hearing officers; and the names and locations of schools and day 87 care facilities attended by the children of general magistrates, 88 special magistrates, judges of compensation claims, 89 administrative law judges of the Division of Administrative 90 Hearings, and child support enforcement hearing officers are 91 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 92 Constitution if the general magistrate, special magistrate, 93 judge of compensation claims, administrative law judge of the 94 Division of Administrative Hearings, or child support hearing 95 officer provides a written statement that the general 96 magistrate, special magistrate, judge of compensation claims, 97 administrative law judge of the Division of Administrative 98 Hearings, or child support hearing officer has made reasonable 99 efforts to protect such information from being accessible 100 through other means available to the public. 101 f. The home addresses, telephone numbers, dates of birth, 102 and photographs of current or former human resource, labor 103 relations, or employee relations directors, assistant directors, 104 managers, or assistant managers of any local government agency 105 or water management district whose duties include hiring and 106 firing employees, labor contract negotiation, administration, or 107 other personnel-related duties; the names, home addresses, 108 telephone numbers, dates of birth, and places of employment of 109 the spouses and children of such personnel; and the names and 110 locations of schools and day care facilities attended by the 111 children of such personnel are exempt from s. 119.07(1) and s. 112 24(a), Art. I of the State Constitution. 113 g. The home addresses, telephone numbers, dates of birth, 114 and photographs of current or former code enforcement officers; 115 the names, home addresses, telephone numbers, dates of birth, 116 and places of employment of the spouses and children of such 117 personnel; and the names and locations of schools and day care 118 facilities attended by the children of such personnel are exempt 119 from s. 119.07(1) and s. 24(a), Art. I of the State 120 Constitution. 121 h. The home addresses, telephone numbers, places of 122 employment, dates of birth, and photographs of current or former 123 guardians ad litem, as defined in s. 39.820; the names, home 124 addresses, telephone numbers, dates of birth, and places of 125 employment of the spouses and children of such persons; and the 126 names and locations of schools and day care facilities attended 127 by the children of such persons are exempt from s. 119.07(1) and 128 s. 24(a), Art. I of the State Constitution, if the guardian ad 129 litem provides a written statement that the guardian ad litem 130 has made reasonable efforts to protect such information from 131 being accessible through other means available to the public. 132 i. The home addresses, telephone numbers, dates of birth, 133 and photographs of current or former juvenile probation 134 officers, juvenile probation supervisors, detention 135 superintendents, assistant detention superintendents, juvenile 136 justice detention officers I and II, juvenile justice detention 137 officer supervisors, juvenile justice residential officers, 138 juvenile justice residential officer supervisors I and II, 139 juvenile justice counselors, juvenile justice counselor 140 supervisors, human services counselor administrators, senior 141 human services counselor administrators, rehabilitation 142 therapists, and social services counselors of the Department of 143 Juvenile Justice; the names, home addresses, telephone numbers, 144 dates of birth, and places of employment of spouses and children 145 of such personnel; and the names and locations of schools and 146 day care facilities attended by the children of such personnel 147 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 148 Constitution. 149 j.(I) The home addresses, telephone numbers, dates of 150 birth, and photographs of current or former public defenders, 151 assistant public defenders, criminal conflict and civil regional 152 counsel, and assistant criminal conflict and civil regional 153 counsel; the home addresses, telephone numbers, dates of birth, 154 and places of employment of the spouses and children of such 155 defenders or counsel; and the names and locations of schools and 156 day care facilities attended by the children of such defenders 157 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 158 the State Constitution. 159 (II) The names of the spouses and children of the specified 160 agency personnel identified in sub-sub-subparagraph (I) are 161 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 162 Constitution. This sub-sub-subparagraph is subject to the Open 163 Government Sunset Review Act in accordance with s. 119.15 and 164 shall stand repealed on October 2, 2019, unless reviewed and 165 saved from repeal through reenactment by the Legislature. 166 k. The home addresses, telephone numbers, and photographs 167 of current or former investigators or inspectors of the 168 Department of Business and Professional Regulation; the names, 169 home addresses, telephone numbers, and places of employment of 170 the spouses and children of such current or former investigators 171 and inspectors; and the names and locations of schools and day 172 care facilities attended by the children of such current or 173 former investigators and inspectors are exempt from s. 119.07(1) 174 and s. 24(a), Art. I of the State Constitution if the 175 investigator or inspector has made reasonable efforts to protect 176 such information from being accessible through other means 177 available to the public. This sub-subparagraph is subject to the 178 Open Government Sunset Review Act in accordance with s. 119.15 179 and shall stand repealed on October 2, 2017, unless reviewed and 180 saved from repeal through reenactment by the Legislature. 181 l. The home addresses and telephone numbers of county tax 182 collectors; the names, home addresses, telephone numbers, and 183 places of employment of the spouses and children of such tax 184 collectors; and the names and locations of schools and day care 185 facilities attended by the children of such tax collectors are 186 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 187 Constitution if the county tax collector has made reasonable 188 efforts to protect such information from being accessible 189 through other means available to the public. This sub 190 subparagraph is subject to the Open Government Sunset Review Act 191 in accordance with s. 119.15 and shall stand repealed on October 192 2, 2017, unless reviewed and saved from repeal through 193 reenactment by the Legislature. 194 m. The home addresses, telephone numbers, dates of birth, 195 and photographs of current or former personnel of the Department 196 of Health whose duties include, or result in, the determination 197 or adjudication of eligibility for social security disability 198 benefits, the investigation or prosecution of complaints filed 199 against health care practitioners, or the inspection of health 200 care practitioners or health care facilities licensed by the 201 Department of Health; the names, home addresses, telephone 202 numbers, dates of birth, and places of employment of the spouses 203 and children of such personnel; and the names and locations of 204 schools and day care facilities attended by the children of such 205 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 206 the State Constitution if the personnel have made reasonable 207 efforts to protect such information from being accessible 208 through other means available to the public. This sub 209 subparagraph is subject to the Open Government Sunset Review Act 210 in accordance with s. 119.15 and shall stand repealed on October 211 2, 2019, unless reviewed and saved from repeal through 212 reenactment by the Legislature. 213 n. The home addresses, telephone numbers, dates of birth, 214 and photographs of current or former impaired practitioner 215 consultants who are retained by an agency or current or former 216 employees of an impaired practitioner consultant whose duties 217 result in a determination of a person’s skill and safety to 218 practice a licensed profession; the names, home addresses, 219 telephone numbers, dates of birth, and places of employment of 220 the spouses and children of such consultants or their employees; 221 and the names and locations of schools and day care facilities 222 attended by the children of such consultants or employees are 223 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 224 Constitution if a consultant or employee has made reasonable 225 efforts to protect such information from being accessible 226 through other means available to the public. This sub 227 subparagraph is subject to the Open Government Sunset Review Act 228 in accordance with s. 119.15 and shall stand repealed on October 229 2, 2020, unless reviewed and saved from repeal through 230 reenactment by the Legislature. 231 o. The home addresses, telephone numbers, dates of birth, 232 and photographs of current or former personnel employed in an 233 agency’s office of inspector general or internal audit 234 department whose duties include auditing or investigating waste, 235 fraud, abuse, theft, exploitation, or other activities that 236 could lead to criminal prosecution or administrative discipline; 237 the names, home addresses, telephone numbers, dates of birth, 238 and places of employment of spouses and children of such 239 personnel; and the names and locations of schools and day care 240 facilities attended by the children of such personnel are exempt 241 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 242 if the personnel have made reasonable efforts to protect such 243 information from being accessible through other means available 244 to the public. This sub-subparagraph is subject to the Open 245 Government Sunset Review Act in accordance with s. 119.15 and 246 shall stand repealed on October 2, 2021, unless reviewed and 247 saved from repeal through reenactment by the Legislature. 248 3. An agency that is the custodian of the information 249 specified in subparagraph 2. and that is not the employer of the 250 officer, employee, justice, judge, or other person specified in 251 subparagraph 2. shall maintain the exempt status of that 252 information only if the officer, employee, justice, judge, other 253 person, or employing agency of the designated employee submits a 254 written request for maintenance of the exemption to the 255 custodial agency. 256 4. The exemptions in this paragraph apply to information 257 held by an agency before, on, or after the effective date of the 258 exemption. 259 5. Except as otherwise expressly provided in this 260 paragraph, this paragraph is subject to the Open Government 261 Sunset Review Act in accordance with s. 119.15, and shall stand 262 repealed on October 2, 2017, unless reviewed and saved from 263 repeal through reenactment by the Legislature. 264 Section 2. (1) The Legislature finds that it is a public 265 necessity that the following identifying and location 266 information be exempt from s. 119.07(1), Florida Statutes, and 267 s. 24(a), Article I of the State Constitution, if the personnel 268 have made reasonable efforts to protect such information from 269 being accessible through other means available to the public: 270 (a) The home addresses, telephone numbers, dates of birth, 271 and photographs of current or former personnel employed in an 272 agency’s office of inspector general or internal audit 273 department whose duties include auditing or investigating waste, 274 fraud, abuse, theft, exploitation, or other activities that 275 could lead to criminal prosecution or administrative discipline; 276 (b) The names, home addresses, telephone numbers, dates of 277 birth, and places of employment of spouses and children of such 278 personnel; and 279 (c) The names and locations of schools and day care 280 facilities attended by the children of such personnel. 281 (2) The Legislature finds that the release of such 282 identifying and location information might place such personnel 283 and their family members in danger of physical and emotional 284 harm from disgruntled individuals who may react inappropriately 285 to investigations, audits, and other actions carried out by such 286 personnel, or to scrutiny of their business or professional 287 practices. Audits and investigations done by such personnel can 288 lead to employment termination, wage garnishment, and criminal 289 prosecution, and persons under such audits and investigations 290 have threatened such personnel, which resulted in an agency’s 291 having to heighten security by posting pictures of individuals 292 who have made threats against such personnel, installing 293 security cameras, and involving law enforcement. As a result, 294 such personnel and their family members may become targets for 295 acts of revenge by those who are investigated or audited. The 296 risk continues after such personnel leave employment as a 297 disgruntled individual may wait to commit an act of revenge 298 until the employment of such personnel ends. The Legislature 299 further finds that the harm that may result from the release of 300 such personal identifying and location information outweighs any 301 public benefit that may be derived from the disclosure of the 302 information. 303 Section 3. This act shall take effect upon becoming a law. 304 305 ================= T I T L E A M E N D M E N T ================ 306 And the title is amended as follows: 307 Delete everything before the enacting clause 308 and insert: 309 A bill to be entitled 310 An act relating to public records; amending s. 311 119.071, F.S.; providing an exemption from public 312 records requirements for certain identifying and 313 location information of current or former personnel 314 employed in an agency’s office of inspector general or 315 internal audit department whose duties include 316 auditing or investigating certain activities that 317 could lead to criminal prosecution or administrative 318 discipline, and the spouses and children thereof; 319 providing for future legislative review and repeal of 320 the exemption; providing a statement of public 321 necessity; providing an effective date.