Florida Senate - 2018                                     SB 268
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-00312-18                                            2018268__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         744.21031, F.S.; providing an exemption from public
    4         records requirements for certain identifying and
    5         location information of current or former public
    6         guardians, public-guardian case managers, and the
    7         spouses and children thereof; providing for
    8         retroactive application; providing for future
    9         legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 744.21031, Florida Statutes, is created
   16  to read:
   17         744.21031 Public records exemption.—The home addresses,
   18  telephone numbers, dates of birth, places of employment, and
   19  photographs of current or former public guardians and public
   20  guardian case managers; the names, home addresses, telephone
   21  numbers, dates of birth, and places of employment of the spouses
   22  and children of such persons; and the names and locations of
   23  schools and day care facilities attended by the children of such
   24  persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   25  State Constitution. This exemption applies to information held
   26  by an agency before, on, or after July 1, 2018. This section is
   27  subject to the Open Government Sunset Review Act in accordance
   28  with s. 119.15 and shall stand repealed on October 2, 2023,
   29  unless reviewed and saved from repeal through reenactment by the
   30  Legislature.
   31         Section 2. (1) The Legislature finds that it is a public
   32  necessity that the following identifying and location
   33  information be exempt from s. 119.07(1), Florida Statutes, and
   34  s. 24(a), Article I of the State Constitution:
   35         (a) The home addresses, telephone numbers, dates of birth,
   36  places of employment, and photographs of current or former
   37  public guardians and public-guardian case managers;
   38         (b) The names, home addresses, telephone numbers, dates of
   39  birth, and places of employment of spouses and children of such
   40  guardians and case managers; and
   41         (c) The names and locations of schools and day care
   42  facilities attended by the children of such guardians and case
   43  managers.
   44         (2) The Legislature finds that the release of such
   45  identifying and location information might place current or
   46  former public guardians and public-guardian case managers and
   47  their family members in danger of physical and emotional harm
   48  from disgruntled individuals who react inappropriately to
   49  actions taken by the public guardians and public-guardian case
   50  managers. Public guardians and public-guardian case managers
   51  provide a valuable service to the community by helping some of
   52  the state’s most vulnerable residents who lack the physical or
   53  mental capacity to take care of most aspects of their own
   54  personal affairs. Public guardians and public-guardian case
   55  managers help those who lack a willing and qualified family
   56  member or friend and do not have the income or assets to pay a
   57  professional guardian.
   58         (3) Despite the value of this service, however, some
   59  persons, including a public guardian’s own wards, become
   60  disgruntled with the assistance provided or the decisions a
   61  public guardian or case manager makes, which can result in a
   62  guardian or case manager or the guardian’s or case manager’s
   63  family members becoming potential targets for an act of revenge.
   64  Wards have harassed their public guardians with threats of
   65  incarceration, violence, and death through voicemail messages
   66  and social media. Wards have also left voicemail messages
   67  threating to kill themselves and others, as well as the public
   68  guardian. In the course of their duties, public guardians have
   69  also been subject to being physically assaulted.
   70         (4) After a public guardian or case manager concludes his
   71  or her service, the risk continues because a disgruntled
   72  individual may wait until then to commit an act of revenge. The
   73  harm that may result from the release of a public guardian’s or
   74  case manager’s personal identifying and location information
   75  outweighs any public benefit that may be derived from the
   76  disclosure of the information.
   77         Section 2. This act shall take effect July 1, 2018.