Florida Senate - 2016 SB 752 By Senator Abruzzo 25-00784-16 2016752__ 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 certain identifying and 5 location information of current or former personnel of 6 an agency’s office of inspector general and those 7 whose duties include conducting internal audits, and 8 the spouses and children thereof; providing for future 9 legislative review and repeal of the exemption; 10 providing a statement of public necessity; providing 11 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 b. The home addresses, telephone numbers, dates of birth, 51 and photographs of firefighters certified in compliance with s. 52 633.408; the home addresses, telephone numbers, photographs, 53 dates of birth, and places of employment of the spouses and 54 children of such firefighters; and the names and locations of 55 schools and day care facilities attended by the children of such 56 firefighters are exempt from s. 119.07(1). 57 c. The home addresses, dates of birth, and telephone 58 numbers of current or former justices of the Supreme Court, 59 district court of appeal judges, circuit court judges, and 60 county court judges; the home addresses, telephone numbers, 61 dates of birth, and places of employment of the spouses and 62 children of current or former justices and judges; and the names 63 and locations of schools and day care facilities attended by the 64 children of current or former justices and judges are exempt 65 from s. 119.07(1). 66 d.(I) The home addresses, telephone numbers, social 67 security numbers, dates of birth, and photographs of current or 68 former state attorneys, assistant state attorneys, statewide 69 prosecutors, or assistant statewide prosecutors; the home 70 addresses, telephone numbers, social security numbers, 71 photographs, dates of birth, and places of employment of the 72 spouses and children of current or former state attorneys, 73 assistant state attorneys, statewide prosecutors, or assistant 74 statewide prosecutors; and the names and locations of schools 75 and day care facilities attended by the children of current or 76 former state attorneys, assistant state attorneys, statewide 77 prosecutors, or assistant statewide prosecutors are exempt from 78 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 79 (II) The names of the spouses and children of current or 80 former state attorneys, assistant state attorneys, statewide 81 prosecutors, or assistant statewide prosecutors are exempt from 82 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 83 (III) Sub-sub-subparagraph (II) is subject to the Open 84 Government Sunset Review Act in accordance with s. 119.15, and 85 shall stand repealed on October 2, 2018, unless reviewed and 86 saved from repeal through reenactment by the Legislature. 87 e. The home addresses, dates of birth, and telephone 88 numbers of general magistrates, special magistrates, judges of 89 compensation claims, administrative law judges of the Division 90 of Administrative Hearings, and child support enforcement 91 hearing officers; the home addresses, telephone numbers, dates 92 of birth, and places of employment of the spouses and children 93 of general magistrates, special magistrates, judges of 94 compensation claims, administrative law judges of the Division 95 of Administrative Hearings, and child support enforcement 96 hearing officers; and the names and locations of schools and day 97 care facilities attended by the children of general magistrates, 98 special magistrates, judges of compensation claims, 99 administrative law judges of the Division of Administrative 100 Hearings, and child support enforcement hearing officers are 101 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 102 Constitution if the general magistrate, special magistrate, 103 judge of compensation claims, administrative law judge of the 104 Division of Administrative Hearings, or child support hearing 105 officer provides a written statement that the general 106 magistrate, special magistrate, judge of compensation claims, 107 administrative law judge of the Division of Administrative 108 Hearings, or child support hearing officer has made reasonable 109 efforts to protect such information from being accessible 110 through other means available to the public. 111 f. The home addresses, telephone numbers, dates of birth, 112 and photographs of current or former human resource, labor 113 relations, or employee relations directors, assistant directors, 114 managers, or assistant managers of any local government agency 115 or water management district whose duties include hiring and 116 firing employees, labor contract negotiation, administration, or 117 other personnel-related duties; the names, home addresses, 118 telephone numbers, dates of birth, and places of employment of 119 the spouses and children of such personnel; and the names and 120 locations of schools and day care facilities attended by the 121 children of such personnel are exempt from s. 119.07(1) and s. 122 24(a), Art. I of the State Constitution. 123 g. The home addresses, telephone numbers, dates of birth, 124 and photographs of current or former code enforcement officers; 125 the names, home addresses, telephone numbers, dates of birth, 126 and places of employment of the spouses and children of such 127 personnel; and the names and locations of schools and day care 128 facilities attended by the children of such personnel are exempt 129 from s. 119.07(1) and s. 24(a), Art. I of the State 130 Constitution. 131 h. The home addresses, telephone numbers, places of 132 employment, dates of birth, and photographs of current or former 133 guardians ad litem, as defined in s. 39.820; the names, home 134 addresses, telephone numbers, dates of birth, and places of 135 employment of the spouses and children of such persons; and the 136 names and locations of schools and day care facilities attended 137 by the children of such persons are exempt from s. 119.07(1) and 138 s. 24(a), Art. I of the State Constitution, if the guardian ad 139 litem provides a written statement that the guardian ad litem 140 has made reasonable efforts to protect such information from 141 being accessible through other means available to the public. 142 i. The home addresses, telephone numbers, dates of birth, 143 and photographs of current or former juvenile probation 144 officers, juvenile probation supervisors, detention 145 superintendents, assistant detention superintendents, juvenile 146 justice detention officers I and II, juvenile justice detention 147 officer supervisors, juvenile justice residential officers, 148 juvenile justice residential officer supervisors I and II, 149 juvenile justice counselors, juvenile justice counselor 150 supervisors, human services counselor administrators, senior 151 human services counselor administrators, rehabilitation 152 therapists, and social services counselors of the Department of 153 Juvenile Justice; the names, home addresses, telephone numbers, 154 dates of birth, and places of employment of spouses and children 155 of such personnel; and the names and locations of schools and 156 day care facilities attended by the children of such personnel 157 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 158 Constitution. 159 j.(I) The home addresses, telephone numbers, dates of 160 birth, and photographs of current or former public defenders, 161 assistant public defenders, criminal conflict and civil regional 162 counsel, and assistant criminal conflict and civil regional 163 counsel; the home addresses, telephone numbers, dates of birth, 164 and places of employment of the spouses and children of such 165 defenders or counsel; and the names and locations of schools and 166 day care facilities attended by the children of such defenders 167 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 168 the State Constitution. 169 (II) The names of the spouses and children of the specified 170 agency personnel identified in sub-sub-subparagraph (I) are 171 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 172 Constitution. This sub-sub-subparagraph is subject to the Open 173 Government Sunset Review Act in accordance with s. 119.15 and 174 shall stand repealed on October 2, 2019, unless reviewed and 175 saved from repeal through reenactment by the Legislature. 176 k. The home addresses, telephone numbers, and photographs 177 of current or former investigators or inspectors of the 178 Department of Business and Professional Regulation; the names, 179 home addresses, telephone numbers, and places of employment of 180 the spouses and children of such current or former investigators 181 and inspectors; and the names and locations of schools and day 182 care facilities attended by the children of such current or 183 former investigators and inspectors are exempt from s. 119.07(1) 184 and s. 24(a), Art. I of the State Constitution if the 185 investigator or inspector has made reasonable efforts to protect 186 such information from being accessible through other means 187 available to the public. This sub-subparagraph is subject to the 188 Open Government Sunset Review Act in accordance with s. 119.15 189 and shall stand repealed on October 2, 2017, unless reviewed and 190 saved from repeal through reenactment by the Legislature. 191 l. The home addresses and telephone numbers of county tax 192 collectors; the names, home addresses, telephone numbers, and 193 places of employment of the spouses and children of such tax 194 collectors; and the names and locations of schools and day care 195 facilities attended by the children of such tax collectors are 196 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 197 Constitution if the county tax collector has made reasonable 198 efforts to protect such information from being accessible 199 through other means available to the public. This sub 200 subparagraph is subject to the Open Government Sunset Review Act 201 in accordance with s. 119.15 and shall stand repealed on October 202 2, 2017, unless reviewed and saved from repeal through 203 reenactment by the Legislature. 204 m. The home addresses, telephone numbers, dates of birth, 205 and photographs of current or former personnel of the Department 206 of Health whose duties include, or result in, the determination 207 or adjudication of eligibility for social security disability 208 benefits, the investigation or prosecution of complaints filed 209 against health care practitioners, or the inspection of health 210 care practitioners or health care facilities licensed by the 211 Department of Health; the names, home addresses, telephone 212 numbers, dates of birth, and places of employment of the spouses 213 and children of such personnel; and the names and locations of 214 schools and day care facilities attended by the children of such 215 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 216 the State Constitution if the personnel have made reasonable 217 efforts to protect such information from being accessible 218 through other means available to the public. This sub 219 subparagraph is subject to the Open Government Sunset Review Act 220 in accordance with s. 119.15 and shall stand repealed on October 221 2, 2019, unless reviewed and saved from repeal through 222 reenactment by the Legislature. 223 n. The home addresses, telephone numbers, dates of birth, 224 and photographs of current or former impaired practitioner 225 consultants who are retained by an agency or current or former 226 employees of an impaired practitioner consultant whose duties 227 result in a determination of a person’s skill and safety to 228 practice a licensed profession; the names, home addresses, 229 telephone numbers, dates of birth, and places of employment of 230 the spouses and children of such consultants or their employees; 231 and the names and locations of schools and day care facilities 232 attended by the children of such consultants or employees are 233 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 234 Constitution if a consultant or employee has made reasonable 235 efforts to protect such information from being accessible 236 through other means available to the public. This sub 237 subparagraph is subject to the Open Government Sunset Review Act 238 in accordance with s. 119.15 and shall stand repealed on October 239 2, 2020, unless reviewed and saved from repeal through 240 reenactment by the Legislature. 241 o. The home addresses, telephone numbers, social security 242 numbers, dates of birth, and photographs of current or former 243 personnel employed in an agency’s office of inspector general or 244 those whose duties include conducting internal audits; the 245 names, home addresses, telephone numbers, social security 246 numbers, dates of birth, photographs, and places of employment 247 of spouses and children of such personnel; and the names and 248 locations of schools and day care facilities attended by the 249 children of such personnel are exempt from s. 119.07(1) and s. 250 24(a), Art. I of the State Constitution if the personnel have 251 made reasonable efforts to protect such information from being 252 accessible through other means available to the public. This 253 sub-subparagraph is subject to the Open Government Sunset Review 254 Act in accordance with s. 119.15 and shall stand repealed on 255 October 2, 2021, 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. (1) The Legislature finds that it is a public 274 necessity that the following identifying and location 275 information be exempt from public records requirements if 276 current or former personnel employed in an agency’s office of 277 inspector general, or those whose duties include conducting 278 internal audits, have made reasonable efforts to protect such 279 information from being accessible through other means available 280 to the public: 281 (a) The home addresses, telephone numbers, social security 282 numbers, dates of birth, and photographs of current or former 283 personnel employed in an agency’s office of inspector general or 284 those whose duties include conducting internal audits; 285 (b) The names, home addresses, telephone numbers, social 286 security numbers, dates of birth, photographs, and places of 287 employment of spouses and children of such personnel; and 288 (c) The names and locations of schools and day care 289 facilities attended by the children of such personnel. 290 (2) The Legislature finds that the release of such 291 identifying and location information might place these current 292 or former personnel of an agency’s office of inspector general 293 or other personnel whose duties include conducting internal 294 audits and their family members in danger of physical and 295 emotional harm from disgruntled individuals who may react 296 inappropriately to investigations, audits, and other actions 297 carried out by such personnel, or to scrutiny of their business 298 or professional practices. As a result, such personnel and their 299 family members may become targets for acts of revenge by those 300 who are investigated or audited. The risk continues after such 301 personnel leave employment as a disgruntled individual may wait 302 to commit an act of revenge until the employment of such 303 personnel ends. The Legislature further finds that the harm that 304 may result from the release of such personal identifying and 305 location information outweighs any public benefit that may be 306 derived from the disclosure of the information. 307 Section 3. This act shall take effect upon becoming a law.