Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1108 Ì312804ÃÎ312804 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Artiles) 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(II) is subject to the Open 37 Government Sunset Review Act in accordance with s. 119.15, and 38 shall stand repealed on October 2, 2018, unless reviewed and 39 saved from repeal through reenactment by the Legislature. 40 (IV) The home addresses, telephone numbers, dates of birth, 41 and photographs of current or former nonsworn investigative 42 personnel of the Department of Financial Services whose duties 43 include the investigation of fraud, theft, workers’ compensation 44 coverage requirements and compliance, other related criminal 45 activities, or state regulatory requirement violations; the 46 names, home addresses, telephone numbers, dates of birth, and 47 places of employment of the spouses and children of such 48 personnel; and the names and locations of schools and day care 49 facilities attended by the children of such personnel are exempt 50 from s. 119.07(1) and s. 24(a), Art. I of the State 51 Constitution. This sub-sub-subparagraph is subject to the Open 52 Government Sunset Review Act in accordance with s. 119.15 and 53 shall stand repealed on October 2, 2021, unless reviewed and 54 saved from repeal through reenactment by the Legislature. 55 b. The home addresses, telephone numbers, dates of birth, 56 and photographs of current or former firefighters certified in 57 compliance with s. 633.408; the names, home addresses, telephone 58 numbers, photographs, dates of birth, and places of employment 59 of the spouses and children of such firefighters; and the names 60 and locations of schools and day care facilities attended by the 61 children of such firefighters are exempt from s. 119.07(1) and 62 s. 24(a), Art. I of the State Constitution. This sub 63 subparagraph is subject to the Open Government Sunset Review Act 64 in accordance with s. 119.15, and shall stand repealed on 65 October 2, 2022, unless reviewed and saved from repeal through 66 reenactment by the Legislature. 67 c. The home addresses, dates of birth, and telephone 68 numbers of current or former justices of the Supreme Court, 69 district court of appeal judges, circuit court judges, and 70 county court judges; the home addresses, telephone numbers, 71 dates of birth, and places of employment of the spouses and 72 children of current or former justices and judges; and the names 73 and locations of schools and day care facilities attended by the 74 children of current or former justices and judges are exempt 75 from s. 119.07(1). 76 d.(I) The home addresses, telephone numbers, social 77 security numbers, dates of birth, and photographs of current or 78 former state attorneys, assistant state attorneys, statewide 79 prosecutors, or assistant statewide prosecutors; the home 80 addresses, telephone numbers, social security numbers, 81 photographs, dates of birth, and places of employment of the 82 spouses and children of current or former state attorneys, 83 assistant state attorneys, statewide prosecutors, or assistant 84 statewide prosecutors; and the names and locations of schools 85 and day care facilities attended by the children of current or 86 former state attorneys, assistant state attorneys, statewide 87 prosecutors, or assistant statewide prosecutors are exempt from 88 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 89 (II) The names of the spouses and children of current or 90 former state attorneys, assistant state attorneys, statewide 91 prosecutors, or assistant statewide prosecutors are exempt from 92 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 93 (III) Sub-sub-subparagraph (II) is subject to the Open 94 Government Sunset Review Act in accordance with s. 119.15, and 95 shall stand repealed on October 2, 2018, unless reviewed and 96 saved from repeal through reenactment by the Legislature. 97 e. The home addresses, dates of birth, and telephone 98 numbers of general magistrates, special magistrates, judges of 99 compensation claims, administrative law judges of the Division 100 of Administrative Hearings, and child support enforcement 101 hearing officers; the home addresses, telephone numbers, dates 102 of birth, and places of employment of the spouses and children 103 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; and the names and locations of schools and day 107 care facilities attended by the children of general magistrates, 108 special magistrates, judges of compensation claims, 109 administrative law judges of the Division of Administrative 110 Hearings, and child support enforcement hearing officers are 111 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 112 Constitution if the general magistrate, special magistrate, 113 judge of compensation claims, administrative law judge of the 114 Division of Administrative Hearings, or child support hearing 115 officer provides a written statement that the general 116 magistrate, special magistrate, judge of compensation claims, 117 administrative law judge of the Division of Administrative 118 Hearings, or child support hearing officer has made reasonable 119 efforts to protect such information from being accessible 120 through other means available to the public. 121 f. The home addresses, telephone numbers, dates of birth, 122 and photographs of current or former human resource, labor 123 relations, or employee relations directors, assistant directors, 124 managers, or assistant managers of any local government agency 125 or water management district whose duties include hiring and 126 firing employees, labor contract negotiation, administration, or 127 other personnel-related duties; the names, home addresses, 128 telephone numbers, dates of birth, and places of employment of 129 the spouses and children of such personnel; and the names and 130 locations of schools and day care facilities attended by the 131 children of such personnel are exempt from s. 119.07(1) and s. 132 24(a), Art. I of the State Constitution. 133 g. The home addresses, telephone numbers, dates of birth, 134 and photographs of current or former code enforcement officers; 135 the names, home addresses, telephone numbers, dates of birth, 136 and places of employment of the spouses and children of such 137 personnel; and the names and locations of schools and day care 138 facilities attended by the children of such personnel are exempt 139 from s. 119.07(1) and s. 24(a), Art. I of the State 140 Constitution. 141 h. The home addresses, telephone numbers, places of 142 employment, dates of birth, and photographs of current or former 143 guardians ad litem, as defined in s. 39.820; the names, home 144 addresses, telephone numbers, dates of birth, and places of 145 employment of the spouses and children of such persons; and the 146 names and locations of schools and day care facilities attended 147 by the children of such persons are exempt from s. 119.07(1) and 148 s. 24(a), Art. I of the State Constitution, if the guardian ad 149 litem provides a written statement that the guardian ad litem 150 has made reasonable efforts to protect such information from 151 being accessible through other means available to the public. 152 i. The home addresses, telephone numbers, dates of birth, 153 and photographs of current or former juvenile probation 154 officers, juvenile probation supervisors, detention 155 superintendents, assistant detention superintendents, juvenile 156 justice detention officers I and II, juvenile justice detention 157 officer supervisors, juvenile justice residential officers, 158 juvenile justice residential officer supervisors I and II, 159 juvenile justice counselors, juvenile justice counselor 160 supervisors, human services counselor administrators, senior 161 human services counselor administrators, rehabilitation 162 therapists, and social services counselors of the Department of 163 Juvenile Justice; the names, home addresses, telephone numbers, 164 dates of birth, and places of employment of spouses and children 165 of such personnel; and the names and locations of schools and 166 day care facilities attended by the children of such personnel 167 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 168 Constitution. 169 j.(I) The home addresses, telephone numbers, dates of 170 birth, and photographs of current or former public defenders, 171 assistant public defenders, criminal conflict and civil regional 172 counsel, and assistant criminal conflict and civil regional 173 counsel; the home addresses, telephone numbers, dates of birth, 174 and places of employment of the spouses and children of such 175 defenders or counsel; and the names and locations of schools and 176 day care facilities attended by the children of such defenders 177 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 178 the State Constitution. 179 (II) The names of the spouses and children of the specified 180 agency personnel identified in sub-sub-subparagraph (I) are 181 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 182 Constitution. This sub-sub-subparagraph is subject to the Open 183 Government Sunset Review Act in accordance with s. 119.15 and 184 shall stand repealed on October 2, 2019, unless reviewed and 185 saved from repeal through reenactment by the Legislature. 186 k. The home addresses, telephone numbers, and photographs 187 of current or former investigators or inspectors of the 188 Department of Business and Professional Regulation; the names, 189 home addresses, telephone numbers, and places of employment of 190 the spouses and children of such current or former investigators 191 and inspectors; and the names and locations of schools and day 192 care facilities attended by the children of such current or 193 former investigators and inspectors are exempt from s. 119.07(1) 194 and s. 24(a), Art. I of the State Constitution if the 195 investigator or inspector has made reasonable efforts to protect 196 such information from being accessible through other means 197 available to the public. This sub-subparagraph is subject to the 198 Open Government Sunset Review Act in accordance with s. 119.15 199 and shall stand repealed on October 2, 2017, unless reviewed and 200 saved from repeal through reenactment by the Legislature. 201 l. The home addresses and telephone numbers of county tax 202 collectors; the names, home addresses, telephone numbers, and 203 places of employment of the spouses and children of such tax 204 collectors; and the names and locations of schools and day care 205 facilities attended by the children of such tax collectors are 206 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 207 Constitution if the county tax collector has made reasonable 208 efforts to protect such information from being accessible 209 through other means available to the public. This sub 210 subparagraph is subject to the Open Government Sunset Review Act 211 in accordance with s. 119.15 and shall stand repealed on October 212 2, 2017, unless reviewed and saved from repeal through 213 reenactment by the Legislature. 214 m. The home addresses, telephone numbers, dates of birth, 215 and photographs of current or former personnel of the Department 216 of Health whose duties include, or result in, the determination 217 or adjudication of eligibility for social security disability 218 benefits, the investigation or prosecution of complaints filed 219 against health care practitioners, or the inspection of health 220 care practitioners or health care facilities licensed by the 221 Department of Health; the names, home addresses, telephone 222 numbers, dates of birth, and places of employment of the spouses 223 and children of such personnel; and the names and locations of 224 schools and day care facilities attended by the children of such 225 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 226 the State Constitution if the personnel have made reasonable 227 efforts to protect such information from being accessible 228 through other means available to the public. This sub 229 subparagraph is subject to the Open Government Sunset Review Act 230 in accordance with s. 119.15 and shall stand repealed on October 231 2, 2019, unless reviewed and saved from repeal through 232 reenactment by the Legislature. 233 n. The home addresses, telephone numbers, dates of birth, 234 and photographs of current or former impaired practitioner 235 consultants who are retained by an agency or current or former 236 employees of an impaired practitioner consultant whose duties 237 result in a determination of a person’s skill and safety to 238 practice a licensed profession; the names, home addresses, 239 telephone numbers, dates of birth, and places of employment of 240 the spouses and children of such consultants or their employees; 241 and the names and locations of schools and day care facilities 242 attended by the children of such consultants or employees are 243 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 244 Constitution if a consultant or employee has made reasonable 245 efforts to protect such information from being accessible 246 through other means available to the public. This sub 247 subparagraph is subject to the Open Government Sunset Review Act 248 in accordance with s. 119.15 and shall stand repealed on October 249 2, 2020, unless reviewed and saved from repeal through 250 reenactment by the Legislature. 251 o. The home addresses, telephone numbers, dates of birth, 252 and photographs of current or former emergency medical 253 technicians or paramedics certified under chapter 401; the 254 names, home addresses, telephone numbers, dates of birth, and 255 places of employment of the spouses and children of such 256 emergency medical technicians or paramedics; and the names and 257 locations of schools and day care facilities attended by the 258 children of such emergency medical technicians or paramedics are 259 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 260 Constitution if the emergency medical technicians or paramedics 261 have made reasonable efforts to protect such information from 262 being accessible through other means available to the public. 263 This sub-subparagraph is subject to the Open Government Sunset 264 Review Act in accordance with s. 119.15 and shall stand repealed 265 on October 2, 2021, unless reviewed and saved from repeal 266 through reenactment by the Legislature. 267 p. The home addresses, telephone numbers, dates of birth, 268 and photographs of current or former personnel employed in an 269 agency’s office of inspector general or internal audit 270 department whose duties include auditing or investigating waste, 271 fraud, abuse, theft, exploitation, or other activities that 272 could lead to criminal prosecution or administrative discipline; 273 the names, home addresses, telephone numbers, dates of birth, 274 and places of employment of spouses and children of such 275 personnel; and the names and locations of schools and day care 276 facilities attended by the children of such personnel are exempt 277 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 278 if the personnel have made reasonable efforts to protect such 279 information from being accessible through other means available 280 to the public. This sub-subparagraph is subject to the Open 281 Government Sunset Review Act in accordance with s. 119.15 and 282 shall stand repealed on October 2, 2021, unless reviewed and 283 saved from repeal through reenactment by the Legislature. 284 3. An agency that is the custodian of the information 285 specified in subparagraph 2. and that is not the employer of the 286 officer, employee, justice, judge, or other person specified in 287 subparagraph 2. shall maintain the exempt status of that 288 information only if the officer, employee, justice, judge, other 289 person, or employing agency of the designated employee submits a 290 written request for maintenance of the exemption to the 291 custodial agency. 292 4. The exemptions in this paragraph apply to information 293 held by an agency before, on, or after the effective date of the 294 exemption. 295 5. Except as otherwise expressly provided in this 296 paragraph, this paragraph is subject to the Open Government 297 Sunset Review Act in accordance with s. 119.15, and shall stand 298 repealed on October 2, 2017, unless reviewed and saved from 299 repeal through reenactment by the Legislature. 300 Section 2. (1) The Legislature finds that it is a public 301 necessity to expand the exemption from public records 302 requirements currently applicable to the home addresses, 303 telephone numbers, dates of birth, and photographs of 304 firefighters certified under s. 633.408, Florida Statutes; the 305 home addresses, telephone numbers, photographs, dates of birth, 306 and places of employment of the spouses and children of such 307 firefighters; and the names and locations of schools and day 308 care facilities attended by the children of such firefighters to 309 also include former firefighters and their spouses and children. 310 The personal identifying and location information of other 311 former first responders, such as former law enforcement 312 officers, and their family members, are currently exempt from 313 public records requirements. Firefighters often respond to 314 serious emergency situations, ranging from domestic violence to 315 homicide, and the release of personal identifying and location 316 information may place former firefighters and their family 317 members in danger of serious physical or emotional harm by 318 hostile individuals. This danger continues after a firefighter 319 leaves employment. 320 (2) The Legislature also finds that it is a public 321 necessity to exempt the names of the spouses and children of 322 current and former firefighters from public records 323 requirements. A disgruntled individual may seek revenge against 324 a firefighter by targeting his or her the spouse or child. 325 Releasing the names of a spouses and children makes it easier to 326 locate and target them for acts of revenge. 327 (3) The Legislature finds that it is a public necessity to 328 exempt the personal identifying and location information of 329 current and former firefighters, and their spouses and children, 330 including the names of their spouses and children, from s. 331 24(a), Article I of the State Constitution in order to prevent 332 disclosure of information that can be used to identify or locate 333 current and former firefighters and their spouses and children. 334 It is in the public interest to fully protect these governmental 335 employees and their families and ensure that their identifying 336 and location information is exempt from public disclosure when 337 it is held by an entity in the executive, legislative, or 338 judicial branch of government. 339 (4) The harm that may result from the release of personal 340 identifying and location information of current and former 341 firefighters and their families, as well as the names of the 342 spouses and children of current and former firefighters, 343 outweighs any public benefit that may be derived from the 344 disclosure of such information. Therefore, the Legislature finds 345 that it is a public necessity that the home addresses, telephone 346 numbers, dates of birth, and photographs of current or former 347 firefighters certified under s. 633.408, Florida Statutes; the 348 names, home addresses, telephone numbers, photographs, dates of 349 birth, and places of employment of the spouses and children of 350 such firefighters; and the names and locations of schools and 351 day care facilities attended by the children of such 352 firefighters be made exempt from s. 119.07(1), Florida Statutes, 353 and s. 24(a), Article I of the State Constitution. 354 Section 3. This act shall take effect October 1, 2017. 355 356 ================= T I T L E A M E N D M E N T ================ 357 And the title is amended as follows: 358 Delete everything before the enacting clause 359 and insert: 360 A bill to be entitled 361 An act relating to public records; amending s. 362 119.071, F.S.; expanding an exemption from public 363 records requirements for the personal identifying and 364 location information of certain firefighters and their 365 spouses and children to include the personal 366 identifying and location information of former 367 firefighters and their spouses and children, and the 368 names of spouses and children of current and former 369 firefighters; specifying the application of s. 24(a), 370 Article I of the State Constitution to the exemption; 371 providing for future legislative review and repeal of 372 the exemption; providing a statement of public 373 necessity; providing an effective date.