Florida Senate - 2018                                    SB 1202
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01198-18                                           20181202__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for business e-mail addresses of
    5         current justices and judges; providing for future
    6         legislative review and repeal of the exemption;
    7         providing a statement of public necessity; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (4) of section
   13  119.071, Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   16         (4) AGENCY PERSONNEL INFORMATION.—
   17         (d)1. For purposes of this paragraph, the term “telephone
   18  numbers” includes home telephone numbers, personal cellular
   19  telephone numbers, personal pager telephone numbers, and
   20  telephone numbers associated with personal communications
   21  devices.
   22         2.a. The home addresses, telephone numbers, dates of birth,
   23  and photographs of active or former sworn or civilian law
   24  enforcement personnel, including correctional and correctional
   25  probation officers, personnel of the Department of Children and
   26  Families whose duties include the investigation of abuse,
   27  neglect, exploitation, fraud, theft, or other criminal
   28  activities, personnel of the Department of Health whose duties
   29  are to support the investigation of child abuse or neglect, and
   30  personnel of the Department of Revenue or local governments
   31  whose responsibilities include revenue collection and
   32  enforcement or child support enforcement; the names, home
   33  addresses, telephone numbers, photographs, dates of birth, and
   34  places of employment of the spouses and children of such
   35  personnel; and the names and locations of schools and day care
   36  facilities attended by the children of such personnel are exempt
   37  from s. 119.07(1) and s. 24(a), Art. I of the State
   38  Constitution. This sub-subparagraph is subject to the Open
   39  Government Sunset Review Act in accordance with s. 119.15 and
   40  shall stand repealed on October 2, 2022, unless reviewed and
   41  saved from repeal through reenactment by the Legislature.
   42         b. The home addresses, telephone numbers, dates of birth,
   43  and photographs of current or former nonsworn investigative
   44  personnel of the Department of Financial Services whose duties
   45  include the investigation of fraud, theft, workers’ compensation
   46  coverage requirements and compliance, other related criminal
   47  activities, or state regulatory requirement violations; the
   48  names, home addresses, telephone numbers, dates of birth, and
   49  places of employment of the spouses and children of such
   50  personnel; and the names and locations of schools and day care
   51  facilities attended by the children of such personnel are exempt
   52  from s. 119.07(1) and s. 24(a), Art. I of the State
   53  Constitution. This sub-subparagraph is subject to the Open
   54  Government Sunset Review Act in accordance with s. 119.15 and
   55  shall stand repealed on October 2, 2021, unless reviewed and
   56  saved from repeal through reenactment by the Legislature.
   57         c. The home addresses, telephone numbers, dates of birth,
   58  and photographs of current or former nonsworn investigative
   59  personnel of the Office of Financial Regulation’s Bureau of
   60  Financial Investigations whose duties include the investigation
   61  of fraud, theft, other related criminal activities, or state
   62  regulatory requirement violations; the names, home addresses,
   63  telephone numbers, dates of birth, and places of employment of
   64  the spouses and children of such personnel; and the names and
   65  locations of schools and day care facilities attended by the
   66  children of such personnel are exempt from s. 119.07(1) and s.
   67  24(a), Art. I of the State Constitution. This sub-subparagraph
   68  is subject to the Open Government Sunset Review Act in
   69  accordance with s. 119.15 and shall stand repealed on October 2,
   70  2022, unless reviewed and saved from repeal through reenactment
   71  by the Legislature.
   72         d. The home addresses, telephone numbers, dates of birth,
   73  and photographs of current or former firefighters certified in
   74  compliance with s. 633.408; the names, home addresses, telephone
   75  numbers, photographs, dates of birth, and places of employment
   76  of the spouses and children of such firefighters; and the names
   77  and locations of schools and day care facilities attended by the
   78  children of such firefighters are exempt from s. 119.07(1) and
   79  s. 24(a), Art. I of the State Constitution. This sub
   80  subparagraph is subject to the Open Government Sunset Review Act
   81  in accordance with s. 119.15, and shall stand repealed on
   82  October 2, 2022, unless reviewed and saved from repeal through
   83  reenactment by the Legislature.
   84         e.(I) The home addresses, dates of birth, and telephone
   85  numbers of current or former justices of the Supreme Court,
   86  district court of appeal judges, circuit court judges, and
   87  county court judges; the names, home addresses, telephone
   88  numbers, dates of birth, and places of employment of the spouses
   89  and children of current or former justices and judges; and the
   90  names and locations of schools and day care facilities attended
   91  by the children of current or former justices and judges are
   92  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   93  Constitution. This sub-sub-subparagraph is subject to the Open
   94  Government Sunset Review Act in accordance with s. 119.15 and
   95  shall stand repealed on October 2, 2022, unless reviewed and
   96  saved from repeal through reenactment by the Legislature.
   97         (II) The business e-mail addresses of current justices of
   98  the Supreme Court, district court of appeal judges, circuit
   99  court judges, and county court judges are exempt from s.
  100  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  101  sub-sub-subparagraph is subject to the Open Government Sunset
  102  Review Act in accordance with s. 119.15 and shall stand repealed
  103  on October 2, 2023, unless reviewed and saved from repeal
  104  through reenactment by the Legislature.
  105         f. The home addresses, telephone numbers, dates of birth,
  106  and photographs of current or former state attorneys, assistant
  107  state attorneys, statewide prosecutors, or assistant statewide
  108  prosecutors; the names, home addresses, telephone numbers,
  109  photographs, dates of birth, and places of employment of the
  110  spouses and children of current or former state attorneys,
  111  assistant state attorneys, statewide prosecutors, or assistant
  112  statewide prosecutors; and the names and locations of schools
  113  and day care facilities attended by the children of current or
  114  former state attorneys, assistant state attorneys, statewide
  115  prosecutors, or assistant statewide prosecutors are exempt from
  116  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  117         g. The home addresses, dates of birth, and telephone
  118  numbers of general magistrates, special magistrates, judges of
  119  compensation claims, administrative law judges of the Division
  120  of Administrative Hearings, and child support enforcement
  121  hearing officers; the names, home addresses, telephone numbers,
  122  dates of birth, and places of employment of the spouses and
  123  children of general magistrates, special magistrates, judges of
  124  compensation claims, administrative law judges of the Division
  125  of Administrative Hearings, and child support enforcement
  126  hearing officers; and the names and locations of schools and day
  127  care facilities attended by the children of general magistrates,
  128  special magistrates, judges of compensation claims,
  129  administrative law judges of the Division of Administrative
  130  Hearings, and child support enforcement hearing officers are
  131  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  132  Constitution. This sub-subparagraph is subject to the Open
  133  Government Sunset Review Act in accordance with s. 119.15 and
  134  shall stand repealed on October 2, 2022, unless reviewed and
  135  saved from repeal through reenactment by the Legislature.
  136         h. The home addresses, telephone numbers, dates of birth,
  137  and photographs of current or former human resource, labor
  138  relations, or employee relations directors, assistant directors,
  139  managers, or assistant managers of any local government agency
  140  or water management district whose duties include hiring and
  141  firing employees, labor contract negotiation, administration, or
  142  other personnel-related duties; the names, home addresses,
  143  telephone numbers, dates of birth, and places of employment of
  144  the spouses and children of such personnel; and the names and
  145  locations of schools and day care facilities attended by the
  146  children of such personnel are exempt from s. 119.07(1) and s.
  147  24(a), Art. I of the State Constitution.
  148         i. The home addresses, telephone numbers, dates of birth,
  149  and photographs of current or former code enforcement officers;
  150  the names, home addresses, telephone numbers, dates of birth,
  151  and places of employment of the spouses and children of such
  152  personnel; and the names and locations of schools and day care
  153  facilities attended by the children of such personnel are exempt
  154  from s. 119.07(1) and s. 24(a), Art. I of the State
  155  Constitution.
  156         j. The home addresses, telephone numbers, places of
  157  employment, dates of birth, and photographs of current or former
  158  guardians ad litem, as defined in s. 39.820; the names, home
  159  addresses, telephone numbers, dates of birth, and places of
  160  employment of the spouses and children of such persons; and the
  161  names and locations of schools and day care facilities attended
  162  by the children of such persons are exempt from s. 119.07(1) and
  163  s. 24(a), Art. I of the State Constitution. This sub
  164  subparagraph is subject to the Open Government Sunset Review Act
  165  in accordance with s. 119.15 and shall stand repealed on October
  166  2, 2022, unless reviewed and saved from repeal through
  167  reenactment by the Legislature.
  168         k. The home addresses, telephone numbers, dates of birth,
  169  and photographs of current or former juvenile probation
  170  officers, juvenile probation supervisors, detention
  171  superintendents, assistant detention superintendents, juvenile
  172  justice detention officers I and II, juvenile justice detention
  173  officer supervisors, juvenile justice residential officers,
  174  juvenile justice residential officer supervisors I and II,
  175  juvenile justice counselors, juvenile justice counselor
  176  supervisors, human services counselor administrators, senior
  177  human services counselor administrators, rehabilitation
  178  therapists, and social services counselors of the Department of
  179  Juvenile Justice; the names, home addresses, telephone numbers,
  180  dates of birth, and places of employment of spouses and children
  181  of such personnel; and the names and locations of schools and
  182  day care facilities attended by the children of such personnel
  183  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  184  Constitution.
  185         l. The home addresses, telephone numbers, dates of birth,
  186  and photographs of current or former public defenders, assistant
  187  public defenders, criminal conflict and civil regional counsel,
  188  and assistant criminal conflict and civil regional counsel; the
  189  names, home addresses, telephone numbers, dates of birth, and
  190  places of employment of the spouses and children of such
  191  defenders or counsel; and the names and locations of schools and
  192  day care facilities attended by the children of such defenders
  193  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  194  the State Constitution.
  195         m. The home addresses, telephone numbers, dates of birth,
  196  and photographs of current or former investigators or inspectors
  197  of the Department of Business and Professional Regulation; the
  198  names, home addresses, telephone numbers, dates of birth, and
  199  places of employment of the spouses and children of such current
  200  or former investigators and inspectors; and the names and
  201  locations of schools and day care facilities attended by the
  202  children of such current or former investigators and inspectors
  203  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  204  Constitution. This sub-subparagraph is subject to the Open
  205  Government Sunset Review Act in accordance with s. 119.15 and
  206  shall stand repealed on October 2, 2022, unless reviewed and
  207  saved from repeal through reenactment by the Legislature.
  208         n. The home addresses, telephone numbers, and dates of
  209  birth of county tax collectors; the names, home addresses,
  210  telephone numbers, dates of birth, and places of employment of
  211  the spouses and children of such tax collectors; and the names
  212  and locations of schools and day care facilities attended by the
  213  children of such tax collectors are exempt from s. 119.07(1) and
  214  s. 24(a), Art. I of the State Constitution. This sub
  215  subparagraph is subject to the Open Government Sunset Review Act
  216  in accordance with s. 119.15 and shall stand repealed on October
  217  2, 2022, unless reviewed and saved from repeal through
  218  reenactment by the Legislature.
  219         o. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former personnel of the Department
  221  of Health whose duties include, or result in, the determination
  222  or adjudication of eligibility for social security disability
  223  benefits, the investigation or prosecution of complaints filed
  224  against health care practitioners, or the inspection of health
  225  care practitioners or health care facilities licensed by the
  226  Department of Health; the names, home addresses, telephone
  227  numbers, dates of birth, and places of employment of the spouses
  228  and children of such personnel; and the names and locations of
  229  schools and day care facilities attended by the children of such
  230  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  231  the State Constitution. This sub-subparagraph is subject to the
  232  Open Government Sunset Review Act in accordance with s. 119.15
  233  and shall stand repealed on October 2, 2019, unless reviewed and
  234  saved from repeal through reenactment by the Legislature.
  235         p. The home addresses, telephone numbers, dates of birth,
  236  and photographs of current or former impaired practitioner
  237  consultants who are retained by an agency or current or former
  238  employees of an impaired practitioner consultant whose duties
  239  result in a determination of a person’s skill and safety to
  240  practice a licensed profession; the names, home addresses,
  241  telephone numbers, dates of birth, and places of employment of
  242  the spouses and children of such consultants or their employees;
  243  and the names and locations of schools and day care facilities
  244  attended by the children of such consultants or employees are
  245  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  246  Constitution. This sub-subparagraph is subject to the Open
  247  Government Sunset Review Act in accordance with s. 119.15 and
  248  shall stand repealed on October 2, 2020, unless reviewed and
  249  saved from repeal through reenactment by the Legislature.
  250         q. The home addresses, telephone numbers, dates of birth,
  251  and photographs of current or former emergency medical
  252  technicians or paramedics certified under chapter 401; the
  253  names, home addresses, telephone numbers, dates of birth, and
  254  places of employment of the spouses and children of such
  255  emergency medical technicians or paramedics; and the names and
  256  locations of schools and day care facilities attended by the
  257  children of such emergency medical technicians or paramedics are
  258  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  259  Constitution. This sub-subparagraph is subject to the Open
  260  Government Sunset Review Act in accordance with s. 119.15 and
  261  shall stand repealed on October 2, 2021, unless reviewed and
  262  saved from repeal through reenactment by the Legislature.
  263         r. The home addresses, telephone numbers, dates of birth,
  264  and photographs of current or former personnel employed in an
  265  agency’s office of inspector general or internal audit
  266  department whose duties include auditing or investigating waste,
  267  fraud, abuse, theft, exploitation, or other activities that
  268  could lead to criminal prosecution or administrative discipline;
  269  the names, home addresses, telephone numbers, dates of birth,
  270  and places of employment of spouses and children of such
  271  personnel; and the names and locations of schools and day care
  272  facilities attended by the children of such personnel are exempt
  273  from s. 119.07(1) and s. 24(a), Art. I of the State
  274  Constitution. This sub-subparagraph is subject to the Open
  275  Government Sunset Review Act in accordance with s. 119.15 and
  276  shall stand repealed on October 2, 2021, unless reviewed and
  277  saved from repeal through reenactment by the Legislature.
  278         3. An agency that is the custodian of the information
  279  specified in subparagraph 2. and that is not the employer of the
  280  officer, employee, justice, judge, or other person specified in
  281  subparagraph 2. shall maintain the exempt status of that
  282  information only if the officer, employee, justice, judge, other
  283  person, or employing agency of the designated employee submits a
  284  written request for maintenance of the exemption to the
  285  custodial agency.
  286         4. The exemptions in this paragraph apply to information
  287  held by an agency before, on, or after the effective date of the
  288  exemption.
  289         Section 2. The Legislature finds that it is a public
  290  necessity to exempt from public records requirements the
  291  business e-mail addresses of the current justices of the Supreme
  292  Court, district court of appeal judges, circuit court judges,
  293  and county court judges. Public release of such information
  294  could result in e-mails from the public or the parties in a case
  295  regarding that litigation being sent directly to justices or
  296  judges, which creates the risk of ex parte communications that
  297  could necessitate recusal or other action that may negatively
  298  affect judicial efficiency and court schedules. The Legislature
  299  further finds that the harm that may result from the release of
  300  such e-mail addresses outweighs any public benefit that may be
  301  derived from the disclosure of the information. If the justices'
  302  and judges’ business e-mail addresses are exempt from public
  303  records requirements, the public could still use e-mail to
  304  contact a justice or judge through his or her judicial
  305  assistant. In addition, the content of e-mails sent by justices
  306  or judges through their business e-mail addresses would remain
  307  public; only the business e-mail addresses would be exempt.
  308         Section 3. This act shall take effect July 1, 2018.