Florida Senate - 2019 CS for SB 1796
By the Committee on Criminal Justice; and Senator Perry
591-03439-19 20191796c1
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 the personal identifying and
5 location information of commissioners and commission
6 investigators of the Florida Commission on Offender
7 Review and the names and personal identifying and
8 location information of the spouses and children of
9 such personnel; providing for future review and repeal
10 of the exemption; providing an exemption from public
11 records requirements for the personal identifying and
12 location information of school administrators and the
13 names and personal identifying and location
14 information of the spouses and children of the school
15 administrators; providing statements of public
16 necessity; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (d) of subsection (4) of section
21 119.071, Florida Statutes, is amended to read:
22 119.071 General exemptions from inspection or copying of
23 public records.—
24 (4) AGENCY PERSONNEL INFORMATION.—
25 (d)1. For purposes of this paragraph, the term “telephone
26 numbers” includes home telephone numbers, personal cellular
27 telephone numbers, personal pager telephone numbers, and
28 telephone numbers associated with personal communications
29 devices.
30 2.a. The home addresses, telephone numbers, dates of birth,
31 and photographs of active or former sworn or civilian law
32 enforcement personnel, including correctional and correctional
33 probation officers, personnel of the Department of Children and
34 Families whose duties include the investigation of abuse,
35 neglect, exploitation, fraud, theft, or other criminal
36 activities, personnel of the Department of Health whose duties
37 are to support the investigation of child abuse or neglect, and
38 personnel of the Department of Revenue or local governments
39 whose responsibilities include revenue collection and
40 enforcement or child support enforcement; the names, home
41 addresses, telephone numbers, photographs, dates of birth, and
42 places of employment of the spouses and children of such
43 personnel; and the names and locations of schools and day care
44 facilities attended by the children of such personnel are exempt
45 from s. 119.07(1) and s. 24(a), Art. I of the State
46 Constitution. This sub-subparagraph is subject to the Open
47 Government Sunset Review Act in accordance with s. 119.15 and
48 shall stand repealed on October 2, 2022, unless reviewed and
49 saved from repeal through reenactment by the Legislature.
50 b. The home addresses, telephone numbers, dates of birth,
51 and photographs of current or former nonsworn investigative
52 personnel of the Department of Financial Services whose duties
53 include the investigation of fraud, theft, workers’ compensation
54 coverage requirements and compliance, other related criminal
55 activities, or state regulatory requirement violations; the
56 names, home addresses, telephone numbers, dates of birth, and
57 places of employment of the spouses and children of such
58 personnel; and the names and locations of schools and day care
59 facilities attended by the children of such personnel are exempt
60 from s. 119.07(1) and s. 24(a), Art. I of the State
61 Constitution. This sub-subparagraph is subject to the Open
62 Government Sunset Review Act in accordance with s. 119.15 and
63 shall stand repealed on October 2, 2021, unless reviewed and
64 saved from repeal through reenactment by the Legislature.
65 c. The home addresses, telephone numbers, dates of birth,
66 and photographs of current or former nonsworn investigative
67 personnel of the Office of Financial Regulation’s Bureau of
68 Financial Investigations whose duties include the investigation
69 of fraud, theft, other related criminal activities, or state
70 regulatory requirement violations; the names, home addresses,
71 telephone numbers, dates of birth, and places of employment of
72 the spouses and children of such personnel; and the names and
73 locations of schools and day care facilities attended by the
74 children of such personnel are exempt from s. 119.07(1) and s.
75 24(a), Art. I of the State Constitution. This sub-subparagraph
76 is subject to the Open Government Sunset Review Act in
77 accordance with s. 119.15 and shall stand repealed on October 2,
78 2022, unless reviewed and saved from repeal through reenactment
79 by the Legislature.
80 d. The home addresses, telephone numbers, dates of birth,
81 and photographs of current or former firefighters certified in
82 compliance with s. 633.408; the names, home addresses, telephone
83 numbers, photographs, dates of birth, and places of employment
84 of the spouses and children of such firefighters; and the names
85 and locations of schools and day care facilities attended by the
86 children of such firefighters are exempt from s. 119.07(1) and
87 s. 24(a), Art. I of the State Constitution. This sub
88 subparagraph is subject to the Open Government Sunset Review Act
89 in accordance with s. 119.15, and shall stand repealed on
90 October 2, 2022, unless reviewed and saved from repeal through
91 reenactment by the Legislature.
92 e. The home addresses, dates of birth, and telephone
93 numbers of current or former justices of the Supreme Court,
94 district court of appeal judges, circuit court judges, and
95 county court judges; the names, home addresses, telephone
96 numbers, dates of birth, and places of employment of the spouses
97 and children of current or former justices and judges; and the
98 names and locations of schools and day care facilities attended
99 by the children of current or former justices and judges are
100 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
101 Constitution. This sub-subparagraph is subject to the Open
102 Government Sunset Review Act in accordance with s. 119.15 and
103 shall stand repealed on October 2, 2022, unless reviewed and
104 saved from repeal 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 current or
191 former public defenders, assistant public defenders, criminal
192 conflict and civil regional counsel, and assistant criminal
193 conflict and civil regional counsel; and the names and locations
194 of schools and day care facilities attended by the children of
195 current or former public defenders, assistant public defenders,
196 criminal conflict and civil regional counsel, and assistant
197 criminal conflict and civil regional counsel are exempt from s.
198 119.07(1) and s. 24(a), Art. I of the State Constitution.
199 m. The home addresses, telephone numbers, dates of birth,
200 and photographs of current or former investigators or inspectors
201 of the Department of Business and Professional Regulation; the
202 names, home addresses, telephone numbers, dates of birth, and
203 places of employment of the spouses and children of such current
204 or former investigators and inspectors; and the names and
205 locations of schools and day care facilities attended by the
206 children of such current or former investigators and inspectors
207 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
208 Constitution. This sub-subparagraph is subject to the Open
209 Government Sunset Review Act in accordance with s. 119.15 and
210 shall stand repealed on October 2, 2022, unless reviewed and
211 saved from repeal through reenactment by the Legislature.
212 n. The home addresses, telephone numbers, and dates of
213 birth of county tax collectors; the names, home addresses,
214 telephone numbers, dates of birth, and places of employment of
215 the spouses and children of such tax collectors; and the names
216 and locations of schools and day care facilities attended by the
217 children of such tax collectors are exempt from s. 119.07(1) and
218 s. 24(a), Art. I of the State Constitution. This sub
219 subparagraph is subject to the Open Government Sunset Review Act
220 in accordance with s. 119.15 and shall stand repealed on October
221 2, 2022, unless reviewed and saved from repeal through
222 reenactment by the Legislature.
223 o. The home addresses, telephone numbers, dates of birth,
224 and photographs of current or former personnel of the Department
225 of Health whose duties include, or result in, the determination
226 or adjudication of eligibility for social security disability
227 benefits, the investigation or prosecution of complaints filed
228 against health care practitioners, or the inspection of health
229 care practitioners or health care facilities licensed by the
230 Department of Health; the names, home addresses, telephone
231 numbers, dates of birth, and places of employment of the spouses
232 and children of such personnel; and the names and locations of
233 schools and day care facilities attended by the children of such
234 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
235 the State Constitution. This sub-subparagraph is subject to the
236 Open Government Sunset Review Act in accordance with s. 119.15
237 and shall stand repealed on October 2, 2019, unless reviewed and
238 saved from repeal through reenactment by the Legislature.
239 p. The home addresses, telephone numbers, dates of birth,
240 and photographs of current or former impaired practitioner
241 consultants who are retained by an agency or current or former
242 employees of an impaired practitioner consultant whose duties
243 result in a determination of a person’s skill and safety to
244 practice a licensed profession; the names, home addresses,
245 telephone numbers, dates of birth, and places of employment of
246 the spouses and children of such consultants or their employees;
247 and the names and locations of schools and day care facilities
248 attended by the children of such consultants or employees are
249 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
250 Constitution. This sub-subparagraph is subject to the Open
251 Government Sunset Review Act in accordance with s. 119.15 and
252 shall stand repealed on October 2, 2020, unless reviewed and
253 saved from repeal through reenactment by the Legislature.
254 q. The home addresses, telephone numbers, dates of birth,
255 and photographs of current or former emergency medical
256 technicians or paramedics certified under chapter 401; the
257 names, home addresses, telephone numbers, dates of birth, and
258 places of employment of the spouses and children of such
259 emergency medical technicians or paramedics; and the names and
260 locations of schools and day care facilities attended by the
261 children of such emergency medical technicians or paramedics are
262 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
263 Constitution. This sub-subparagraph is subject to the Open
264 Government Sunset Review Act in accordance with s. 119.15 and
265 shall stand repealed on October 2, 2021, unless reviewed and
266 saved from repeal through reenactment by the Legislature.
267 r. The home addresses, telephone numbers, dates of birth,
268 and photographs of current or former personnel employed in an
269 agency’s office of inspector general or internal audit
270 department whose duties include auditing or investigating waste,
271 fraud, abuse, theft, exploitation, or other activities that
272 could lead to criminal prosecution or administrative discipline;
273 the names, home addresses, telephone numbers, dates of birth,
274 and places of employment of spouses and children of such
275 personnel; and the names and locations of schools and day care
276 facilities attended by the children of such personnel are exempt
277 from s. 119.07(1) and s. 24(a), Art. I of the State
278 Constitution. This sub-subparagraph is subject to the Open
279 Government Sunset Review Act in accordance with s. 119.15 and
280 shall stand repealed on October 2, 2021, unless reviewed and
281 saved from repeal through reenactment by the Legislature.
282 s. The home addresses, telephone numbers, dates of birth,
283 and photographs of current or former directors, managers,
284 supervisors, nurses, and clinical employees of an addiction
285 treatment facility; the home addresses, telephone numbers,
286 photographs, dates of birth, and places of employment of the
287 spouses and children of such personnel; and the names and
288 locations of schools and day care facilities attended by the
289 children of such personnel are exempt from s. 119.07(1) and s.
290 24(a), Art. I of the State Constitution. For purposes of this
291 sub-subparagraph, the term “addiction treatment facility” means
292 a county government, or agency thereof, that is licensed
293 pursuant to s. 397.401 and provides substance abuse prevention,
294 intervention, or clinical treatment, including any licensed
295 service component described in s. 397.311(26). This sub
296 subparagraph is subject to the Open Government Sunset Review Act
297 in accordance with s. 119.15 and shall stand repealed on October
298 2, 2023, unless reviewed and saved from repeal through
299 reenactment by the Legislature.
300 t. The home addresses, telephone numbers, dates of birth,
301 and photographs of current or former directors, managers,
302 supervisors, and clinical employees of a child advocacy center
303 that meets the standards of s. 39.3035(1) and fulfills the
304 screening requirement of s. 39.3035(2), and the members of a
305 child protection team as described in s. 39.303 whose duties
306 include supporting the investigation of child abuse or sexual
307 abuse, child abandonment, child neglect, and child exploitation
308 or to provide services as part of a multidisciplinary case
309 review team; the names, home addresses, telephone numbers,
310 photographs, dates of birth, and places of employment of the
311 spouses and children of such personnel and members; and the
312 names and locations of schools and day care facilities attended
313 by the children of such personnel and members are exempt from s.
314 119.07(1) and s. 24(a), Art. I of the State Constitution. This
315 sub-subparagraph is subject to the Open Government Sunset Review
316 Act in accordance with s. 119.15 and shall stand repealed on
317 October 2, 2023, unless reviewed and saved from repeal through
318 reenactment by the Legislature.
319 u. The home addresses, telephone numbers, dates of birth, and
320 photographs of current or former commissioners or commission
321 investigators of the Florida Commission on Offender Review; the
322 names, home addresses, telephone numbers, dates of birth,
323 photographs, and places of employment of the spouses and
324 children of such current or former commissioners and commission
325 investigators; and the names and locations of schools and day
326 care facilities attended by the children of such current or
327 former commissioners and commission investigators are exempt
328 from s. 119.07(1) and s. 24(a), Art. I of the State
329 Constitution. This sub-subparagraph is subject to the Open
330 Government Sunset Review Act in accordance with s. 119.15 and
331 shall stand repealed on October 2, 2024, unless reviewed and
332 saved from repeal through reenactment by the Legislature. v. The
333 home addresses, telephone numbers, and dates of birth of school
334 administrators as described in 1012.01(3)(c), the names, home
335 addresses, telephone numbers, dates of birth, and places of
336 employment of the spouses and children of school administrators,
337 and the names and locations of schools and day care facilities
338 attended by the children of school administrators are exempt
339 from s. 119.07(1) and s. 24(a), Art. I of the State
340 Constitution. This sub-subparagraph is subject to the Open
341 Government Sunset Review Act in accordance with s. 119.15 and
342 shall stand repealed on October 2, 2024, unless reviewed and
343 saved from repeal through reenactment by the Legislature.
344 3. An agency that is the custodian of the information
345 specified in subparagraph 2. and that is not the employer of the
346 officer, employee, justice, judge, or other person specified in
347 subparagraph 2. shall maintain the exempt status of that
348 information only if the officer, employee, justice, judge, other
349 person, or employing agency of the designated employee submits a
350 written request for maintenance of the exemption to the
351 custodial agency.
352 4. The exemptions in this paragraph apply to information
353 held by an agency before, on, or after the effective date of the
354 exemption.
355
356 Section 2. (1)(a) The Legislature finds that it is a public
357 necessity to exempt from public records requirements the home
358 addresses, telephone numbers, dates of birth, and photographs of
359 current or former commissioners or commission investigators of
360 the Florida Commission on Offender Review; the names, home
361 addresses, telephone numbers, dates of birth, photographs, and
362 places of employment of the spouses and children of such current
363 or former commissioners and commission investigators; and the
364 names and locations of schools and day care facilities attended
365 by the children of such current or former commissioners and
366 commission investigators.
367 (b) The efforts of commissioners and commission
368 investigators can have a direct effect on which persons are
369 placed on parole or released on conditional medical release; on
370 the terms and conditions of those persons released on parole,
371 conditional release, conditional medical release, or addiction
372 recovery supervision; and on the determination of whether a
373 releasee has violated the terms of his or her parole. The
374 Legislature finds that the release of such personal identifying
375 information and location information might place these personnel
376 of the Florida Commission on Offender Review and their family
377 members in danger of physical and emotional harm by disgruntled
378 individuals who react contentiously to actions taken by such
379 personnel. The Legislature further finds that the harm that may
380 result from the release of such personal identifying and
381 location information outweighs any public benefit that may be
382 derived from the disclosure of such information.
383 (2)(a) The Legislature finds that it is a public necessity
384 to exempt from public records requirements the home addresses,
385 telephone numbers, and dates of birth of school administrators;
386 the places of employment of the spouses and children of school
387 administrators; and the names and locations of schools and day
388 care facilities attended by the children of school
389 administrators.
390 (b) School administrators are charged with making decisions
391 related to the discipline, suspension, or expulsion of students;
392 reporting the presence of illicit substances on campus;
393 reporting attendance issues that may result in the suspension of
394 a student’s driving privileges; or sanctions against the parents
395 of truant students. The efforts of school administrators affect
396 the academic placement of students, their promotion between
397 grades, and their graduation. Such efforts include the reporting
398 of students’ absences, incidents of misbehavior, and students’
399 academic achievements to the district superintendent. The
400 efforts of school administrators also affect the employment of
401 school personnel and can result in the transfer or suspension of
402 employees. The Legislature finds that the release of such
403 personal identifying information and location information might
404 place these school administrators and their family members in
405 danger of physical and emotional harm by disgruntled individuals
406 who react contentiously to actions taken by such personnel. The
407 Legislature further finds that the harm that may result from the
408 release of such personal identifying and location information
409 outweighs any public benefit that may be derived from the
410 disclosure of such information.
411 Section 3. This act shall take effect upon becoming a law.
412