Florida Senate - 2017 SB 1108 By Senator Artiles 40-01176A-17 20171108__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; expanding an exemption from public 4 records requirements for the personal identifying and 5 location information of certain firefighters and their 6 spouses and children to include the personal 7 identifying and location information of former 8 firefighters and their spouses and children; providing 9 for future legislative review and repeal of the 10 exemption; providing a statement of public necessity; 11 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 current or former firefighters certified in 67 compliance with s. 633.408; the home addresses, telephone 68 numbers, photographs, dates of birth, and places of employment 69 of the spouses and children of such firefighters; and the names 70 and locations of schools and day care facilities attended by the 71 children of such firefighters are exempt from s. 119.07(1) and 72 s. 24(a), Art. I of the State Constitution. This sub 73 subparagraph is subject to the Open Government Sunset Review Act 74 in accordance with s. 119.15, and shall stand repealed on 75 October 2, 2022, unless reviewed and saved from repeal through 76 reenactment by the Legislature. 77 c. The home addresses, dates of birth, and telephone 78 numbers of current or former justices of the Supreme Court, 79 district court of appeal judges, circuit court judges, and 80 county court judges; the home addresses, telephone numbers, 81 dates of birth, and places of employment of the spouses and 82 children of current or former justices and judges; and the names 83 and locations of schools and day care facilities attended by the 84 children of current or former justices and judges are exempt 85 from s. 119.07(1). 86 d.(I) The home addresses, telephone numbers, social 87 security numbers, dates of birth, and photographs of current or 88 former state attorneys, assistant state attorneys, statewide 89 prosecutors, or assistant statewide prosecutors; the home 90 addresses, telephone numbers, social security numbers, 91 photographs, dates of birth, and places of employment of the 92 spouses and children of current or former state attorneys, 93 assistant state attorneys, statewide prosecutors, or assistant 94 statewide prosecutors; and the names and locations of schools 95 and day care facilities attended by the children of current or 96 former state attorneys, assistant state attorneys, statewide 97 prosecutors, or assistant statewide prosecutors are exempt from 98 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 99 (II) The names of the spouses and children of current or 100 former state attorneys, assistant state attorneys, statewide 101 prosecutors, or assistant statewide prosecutors are exempt from 102 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 103 (III) Sub-sub-subparagraph (II) is subject to the Open 104 Government Sunset Review Act in accordance with s. 119.15, and 105 shall stand repealed on October 2, 2018, unless reviewed and 106 saved from repeal through reenactment by the Legislature. 107 e. The home addresses, dates of birth, and telephone 108 numbers 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; the home addresses, telephone numbers, dates 112 of birth, and places of employment of the spouses and children 113 of general magistrates, special magistrates, judges of 114 compensation claims, administrative law judges of the Division 115 of Administrative Hearings, and child support enforcement 116 hearing officers; and the names and locations of schools and day 117 care facilities attended by the children of general magistrates, 118 special magistrates, judges of compensation claims, 119 administrative law judges of the Division of Administrative 120 Hearings, and child support enforcement hearing officers are 121 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 122 Constitution if the general magistrate, special magistrate, 123 judge of compensation claims, administrative law judge of the 124 Division of Administrative Hearings, or child support hearing 125 officer provides a written statement that the general 126 magistrate, special magistrate, judge of compensation claims, 127 administrative law judge of the Division of Administrative 128 Hearings, or child support hearing officer has made reasonable 129 efforts to protect such information from being accessible 130 through other means available to the public. 131 f. The home addresses, telephone numbers, dates of birth, 132 and photographs of current or former human resource, labor 133 relations, or employee relations directors, assistant directors, 134 managers, or assistant managers of any local government agency 135 or water management district whose duties include hiring and 136 firing employees, labor contract negotiation, administration, or 137 other personnel-related duties; the names, home addresses, 138 telephone numbers, dates of birth, and places of employment of 139 the spouses and children of such personnel; and the names and 140 locations of schools and day care facilities attended by the 141 children of such personnel are exempt from s. 119.07(1) and s. 142 24(a), Art. I of the State Constitution. 143 g. The home addresses, telephone numbers, dates of birth, 144 and photographs of current or former code enforcement officers; 145 the names, home addresses, telephone numbers, dates of birth, 146 and places of employment of the spouses and children of such 147 personnel; and the names and locations of schools and day care 148 facilities attended by the children of such personnel are exempt 149 from s. 119.07(1) and s. 24(a), Art. I of the State 150 Constitution. 151 h. The home addresses, telephone numbers, places of 152 employment, dates of birth, and photographs of current or former 153 guardians ad litem, as defined in s. 39.820; the names, home 154 addresses, telephone numbers, dates of birth, and places of 155 employment of the spouses and children of such persons; and the 156 names and locations of schools and day care facilities attended 157 by the children of such persons are exempt from s. 119.07(1) and 158 s. 24(a), Art. I of the State Constitution, if the guardian ad 159 litem provides a written statement that the guardian ad litem 160 has made reasonable efforts to protect such information from 161 being accessible through other means available to the public. 162 i. The home addresses, telephone numbers, dates of birth, 163 and photographs of current or former juvenile probation 164 officers, juvenile probation supervisors, detention 165 superintendents, assistant detention superintendents, juvenile 166 justice detention officers I and II, juvenile justice detention 167 officer supervisors, juvenile justice residential officers, 168 juvenile justice residential officer supervisors I and II, 169 juvenile justice counselors, juvenile justice counselor 170 supervisors, human services counselor administrators, senior 171 human services counselor administrators, rehabilitation 172 therapists, and social services counselors of the Department of 173 Juvenile Justice; the names, home addresses, telephone numbers, 174 dates of birth, and places of employment of spouses and children 175 of such personnel; and the names and locations of schools and 176 day care facilities attended by the children of such personnel 177 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 178 Constitution. 179 j.(I) The home addresses, telephone numbers, dates of 180 birth, and photographs of current or former public defenders, 181 assistant public defenders, criminal conflict and civil regional 182 counsel, and assistant criminal conflict and civil regional 183 counsel; the home addresses, telephone numbers, dates of birth, 184 and places of employment of the spouses and children of such 185 defenders or counsel; and the names and locations of schools and 186 day care facilities attended by the children of such defenders 187 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 188 the State Constitution. 189 (II) The names of the spouses and children of the specified 190 agency personnel identified in sub-sub-subparagraph (I) are 191 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 192 Constitution. This sub-sub-subparagraph is subject to the Open 193 Government Sunset Review Act in accordance with s. 119.15 and 194 shall stand repealed on October 2, 2019, unless reviewed and 195 saved from repeal through reenactment by the Legislature. 196 k. The home addresses, telephone numbers, and photographs 197 of current or former investigators or inspectors of the 198 Department of Business and Professional Regulation; the names, 199 home addresses, telephone numbers, and places of employment of 200 the spouses and children of such current or former investigators 201 and inspectors; and the names and locations of schools and day 202 care facilities attended by the children of such current or 203 former investigators and inspectors are exempt from s. 119.07(1) 204 and s. 24(a), Art. I of the State Constitution if the 205 investigator or inspector has made reasonable efforts to protect 206 such information from being accessible through other means 207 available to the public. This sub-subparagraph is subject to the 208 Open Government Sunset Review Act in accordance with s. 119.15 209 and shall stand repealed on October 2, 2017, unless reviewed and 210 saved from repeal through reenactment by the Legislature. 211 l. The home addresses and telephone numbers of county tax 212 collectors; the names, home addresses, telephone numbers, and 213 places of employment of the spouses and children of such tax 214 collectors; and the names and locations of schools and day care 215 facilities attended by the children of such tax collectors are 216 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 217 Constitution if the county tax collector has made reasonable 218 efforts to protect such information from being accessible 219 through other means available to the public. This sub 220 subparagraph is subject to the Open Government Sunset Review Act 221 in accordance with s. 119.15 and shall stand repealed on October 222 2, 2017, unless reviewed and saved from repeal through 223 reenactment by the Legislature. 224 m. The home addresses, telephone numbers, dates of birth, 225 and photographs of current or former personnel of the Department 226 of Health whose duties include, or result in, the determination 227 or adjudication of eligibility for social security disability 228 benefits, the investigation or prosecution of complaints filed 229 against health care practitioners, or the inspection of health 230 care practitioners or health care facilities licensed by the 231 Department of Health; the names, home addresses, telephone 232 numbers, dates of birth, and places of employment of the spouses 233 and children of such personnel; and the names and locations of 234 schools and day care facilities attended by the children of such 235 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 236 the State Constitution if the personnel have made reasonable 237 efforts to protect such information from being accessible 238 through other means available to the public. This sub 239 subparagraph is subject to the Open Government Sunset Review Act 240 in accordance with s. 119.15 and shall stand repealed on October 241 2, 2019, unless reviewed and saved from repeal through 242 reenactment by the Legislature. 243 n. The home addresses, telephone numbers, dates of birth, 244 and photographs of current or former impaired practitioner 245 consultants who are retained by an agency or current or former 246 employees of an impaired practitioner consultant whose duties 247 result in a determination of a person’s skill and safety to 248 practice a licensed profession; the names, home addresses, 249 telephone numbers, dates of birth, and places of employment of 250 the spouses and children of such consultants or their employees; 251 and the names and locations of schools and day care facilities 252 attended by the children of such consultants or employees are 253 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 254 Constitution if a consultant or employee has made reasonable 255 efforts to protect such information from being accessible 256 through other means available to the public. This sub 257 subparagraph is subject to the Open Government Sunset Review Act 258 in accordance with s. 119.15 and shall stand repealed on October 259 2, 2020, unless reviewed and saved from repeal through 260 reenactment by the Legislature. 261 o. The home addresses, telephone numbers, dates of birth, 262 and photographs of current or former emergency medical 263 technicians or paramedics certified under chapter 401; the 264 names, home addresses, telephone numbers, dates of birth, and 265 places of employment of the spouses and children of such 266 emergency medical technicians or paramedics; and the names and 267 locations of schools and day care facilities attended by the 268 children of such emergency medical technicians or paramedics are 269 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 270 Constitution if the emergency medical technicians or paramedics 271 have made reasonable efforts to protect such information from 272 being accessible through other means available to the public. 273 This sub-subparagraph is subject to the Open Government Sunset 274 Review Act in accordance with s. 119.15 and shall stand repealed 275 on October 2, 2021, unless reviewed and saved from repeal 276 through reenactment by the Legislature. 277 p. The home addresses, telephone numbers, dates of birth, 278 and photographs of current or former personnel employed in an 279 agency’s office of inspector general or internal audit 280 department whose duties include auditing or investigating waste, 281 fraud, abuse, theft, exploitation, or other activities that 282 could lead to criminal prosecution or administrative discipline; 283 the names, home addresses, telephone numbers, dates of birth, 284 and places of employment of spouses and children of such 285 personnel; and the names and locations of schools and day care 286 facilities attended by the children of such personnel are exempt 287 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 288 if the personnel have made reasonable efforts to protect such 289 information from being accessible through other means available 290 to the public. This sub-subparagraph is subject to the Open 291 Government Sunset Review Act in accordance with s. 119.15 and 292 shall stand repealed on October 2, 2021, unless reviewed and 293 saved from repeal through reenactment by the Legislature. 294 3. An agency that is the custodian of the information 295 specified in subparagraph 2. and that is not the employer of the 296 officer, employee, justice, judge, or other person specified in 297 subparagraph 2. shall maintain the exempt status of that 298 information only if the officer, employee, justice, judge, other 299 person, or employing agency of the designated employee submits a 300 written request for maintenance of the exemption to the 301 custodial agency. 302 4. The exemptions in this paragraph apply to information 303 held by an agency before, on, or after the effective date of the 304 exemption. 305 5. Except as otherwise expressly provided in this 306 paragraph, this paragraph is subject to the Open Government 307 Sunset Review Act in accordance with s. 119.15, and shall stand 308 repealed on October 2, 2017, unless reviewed and saved from 309 repeal through reenactment by the Legislature. 310 Section 2. The Legislature finds that it is a public 311 necessity to expand the exemption from public records 312 requirements which applies to the home addresses, telephone 313 numbers, dates of birth, and photographs of firefighters 314 certified under s. 633.408; the home addresses, telephone 315 numbers, photographs, dates of birth, and places of employment 316 of the spouses and children of such firefighters; and the names 317 and locations of schools and day care facilities attended by the 318 children of such firefighters to include former firefighters and 319 their spouses and children. The personal identifying and 320 location information of other former first responders, such as 321 former law enforcement officers, and their family members is 322 currently exempt from public records requirements. Firefighters 323 often respond to serious emergency situations, ranging from 324 domestic violence to homicide, and the release of personal 325 identifying and location information may place former 326 firefighters and their family members in danger of serious 327 physical or emotional harm by hostile individuals. The 328 Legislature further finds that the harm that may result from the 329 release of such identifying and location information outweighs 330 any public benefit that may be derived from the disclosure of 331 such information. 332 Section 3. This act shall take effect upon becoming a law.