Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 210
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       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   18  accordance with s. 119.15 and shall stand repealed on October 2,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.