Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1108
       
       
       
       
       
       
                                Ì312804ÃÎ312804                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2017           .                                
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       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.