Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 268 Ì423396CÎ423396 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/13/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (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 and employees 10 with fiduciary responsibility; the names, home addresses, 11 telephone numbers, dates of birth, and places of employment of 12 the spouses and children of such persons; and the names and 13 locations of schools and day care facilities attended by the 14 children of such persons are exempt from s. 119.07(1) and s. 15 24(a), Art. I of the State Constitution. This exemption applies 16 to information held by an agency before, on, or after July 1, 17 2018. This section is subject to the Open Government Sunset 18 Review Act in accordance with s. 119.15 and shall stand repealed 19 on October 2, 2023, unless reviewed and saved from repeal 20 through reenactment by the Legislature. 21 Section 2.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 and employees with fiduciary responsibility; 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 employees with fiduciary responsibility; and 31 (c) The names and locations of schools and day care 32 facilities attended by the children of such guardians and 33 employees with fiduciary responsibility. 34 (2) The Legislature finds that the release of such 35 identifying and location information might place current or 36 former public guardians and employees with fiduciary 37 responsibility and their family members in danger of physical 38 and emotional harm from disgruntled individuals who react 39 inappropriately to actions taken by the public guardians and 40 employees with fiduciary responsibility. Public guardians and 41 employees with fiduciary responsibility provide a valuable 42 service to the community by helping some of the state’s most 43 vulnerable residents who lack the physical or mental capacity to 44 take care of most aspects of their own personal affairs. Public 45 guardians and employees with fiduciary responsibility help those 46 who lack a willing and qualified family member or friend and do 47 not have the income or assets to pay a professional guardian. 48 (3) Despite the value of this service, however, some 49 persons, including a public guardian’s own wards, become 50 disgruntled with the assistance provided or the decisions a 51 public guardian or an employee with fiduciary responsibility 52 makes, which can result in a guardian or an employee with 53 fiduciary responsibility or the family members of the guardian 54 or the employee with fiduciary responsibility becoming potential 55 targets for an act of revenge. Wards have harassed their public 56 guardians with threats of incarceration, violence, and death 57 through voicemail messages and social media. Wards have also 58 left voicemail messages threating to kill themselves and others, 59 as well as the public guardian. In the course of their duties, 60 public guardians have also been subject to being physically 61 assaulted. 62 (4) After a public guardian or an employee with fiduciary 63 responsibility concludes his or her service, the risk continues 64 because a disgruntled individual may wait until then to commit 65 an act of revenge. The harm that may result from the release of 66 a public guardian’s or an employee with fiduciary 67 responsibility’s personal identifying and location information 68 outweighs any public benefit that may be derived from the 69 disclosure of the information. 70 Section 2. This act shall take effect July 1, 2018. 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete everything before the enacting clause 74 and insert: 75 A bill to be entitled 76 An act relating to public records; creating s. 77 744.21031, F.S.; providing an exemption from public 78 records requirements for certain identifying and 79 location information of current or former public 80 guardians, employees with fiduciary responsibility, 81 and the spouses and children thereof; providing for 82 retroactive application; providing for future 83 legislative review and repeal of the exemption; 84 providing a statement of public necessity; providing 85 an effective date.