Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 210 Ì316304wÎ316304 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/06/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 744.21031, Florida Statutes, is created 6 to read: 7 744.21031 Public records exemption.—The home addresses, 8 telephone numbers, dates of birth, places of employment, and 9 photographs of current or former public guardians; the names, 10 home addresses, telephone numbers, dates of birth, and places of 11 employment of the spouses and children of such persons; and the 12 names and locations of schools and day care facilities attended 13 by the children of such persons are exempt from s. 119.07(1) and 14 s. 24(a), Art. I of the State Constitution. The exemption in 15 this section applies to information held by an agency before, 16 on, or after the effective date of the exemption. This section 17 is subject to the Open Government Sunset Review Act in 18 accordance with s. 119.15 and shall stand repealed on October 2, 19 2022, unless reviewed and saved from repeal through reenactment 20 by the Legislature. 21 Section 2. (1) The Legislature finds that it is a public 22 necessity that the following identifying and location 23 information be exempt from s. 119.07(1), Florida Statutes, and 24 s. 24(a), Article I of the State Constitution: 25 (a) The home addresses, telephone numbers, dates of birth, 26 places of employment, and photographs of current or former 27 public guardians; 28 (b) The names, home addresses, telephone numbers, dates of 29 birth, and places of employment of spouses and children of such 30 guardians; and 31 (c) The names and locations of schools and day care 32 facilities attended by the children of such guardians. 33 (2) The Legislature finds that the release of such 34 identifying and location information might place current or 35 former public guardians and their family members in danger of 36 physical and emotional harm from disgruntled individuals who 37 react inappropriately to actions taken by the public guardians. 38 Public guardians provide a valuable service to the community by 39 helping some of the state’s most vulnerable residents who lack 40 the physical or mental capacity to take care of most aspects of 41 their own personal affairs. Public guardians help those who lack 42 a willing and qualified family member or friend and do not have 43 the income or assets to pay a professional guardian. 44 (3) Despite the value of this service, however, some 45 persons, including a public guardian’s own wards, become 46 disgruntled with the assistance provided or the decisions a 47 public guardian makes, which result in a guardian or the 48 guardian’s family members becoming potential targets for an act 49 of revenge. In one instance, a ward became angry that his public 50 guardian had taken him to the hospital for a psychological 51 evaluation. Thereafter, the ward used public records to locate 52 his public guardian’s home. The ward proceeded to call law 53 enforcement and requested officers to go to the public 54 guardian’s home after the ward falsely stated that the public 55 guardian was suicidal in an effort to get her involuntarily 56 committed under the Baker Act. The ward continued to make death 57 threats against this public guardian in the weeks following this 58 incident. Other wards have harassed their public guardians with 59 threats of incarceration, violence, and death through voicemail 60 messages and social media. Wards have also left voicemail 61 messages threating to kill themselves and others, as well as the 62 public guardian. In the course of their duties, public guardians 63 have also been subject to being physically assaulted. 64 (4) The risk continues after a public guardian concludes 65 his or her service because a disgruntled individual may wait to 66 commit an act of revenge until the guardian concludes his or her 67 service. The harm that may result from the release of a public 68 guardian’s personal identifying and location information 69 outweighs any public benefit that may be derived from the 70 disclosure of the information. 71 Section 3. This act shall take effect July 1, 2017. 72 73 ================= T I T L E A M E N D M E N T ================ 74 And the title is amended as follows: 75 Delete everything before the enacting clause 76 and insert: 77 A bill to be entitled 78 An act relating to public records; creating s. 79 744.21031, F.S.; providing an exemption from public 80 records requirements for certain identifying and 81 location information of current or former public 82 guardians and the spouses and children thereof; 83 providing for retroactive application; providing for 84 future legislative review and repeal of the exemption; 85 providing a statement of public necessity; providing 86 an effective date.