Florida Senate - 2019 CS for SB 248 By the Committee on Criminal Justice; and Senators Hooper, Baxley, and Simpson 591-02312-19 2019248c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; expanding exemptions from public 4 records requirements for agency personnel information 5 by defining the term “home addresses” for purposes of 6 public records exemptions for personal identifying and 7 location information of certain agency personnel and 8 their family members; exempting personal identifying 9 and location information of active or former civilian 10 personnel employed by a law enforcement agency, and of 11 spouses and children of such personnel, from public 12 records requirements; providing for legislative review 13 and repeal of the exemptions; providing statements of 14 public necessity; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (d) of subsection (4) of section 19 119.071, Florida Statutes, is amended to read: 20 119.071 General exemptions from inspection or copying of 21 public records.— 22 (4) AGENCY PERSONNEL INFORMATION.— 23 (d)1. For purposes of this paragraph, the term: 24 a. “Home addresses” means the dwelling location at which an 25 individual resides and includes the physical address, mailing 26 address, street address, parcel identification number, plot 27 identification number, legal property description, neighborhood 28 name and lot number, GPS coordinates, and any other descriptive 29 property information that may reveal the home address. 30 b. “Telephone numbers” includes home telephone numbers, 31 personal cellular telephone numbers, personal pager telephone 32 numbers, and telephone numbers associated with personal 33 communications devices. 34 2.a. The home addresses, telephone numbers, dates of birth, 35 and photographs of active or former swornor civilianlaw 36 enforcement personnel or of active or former civilian personnel 37 employed by a law enforcement agency, including correctional and 38 correctional probation officers, personnel of the Department of 39 Children and Families whose duties include the investigation of 40 abuse, neglect, exploitation, fraud, theft, or other criminal 41 activities, personnel of the Department of Health whose duties 42 are to support the investigation of child abuse or neglect, and 43 personnel of the Department of Revenue or local governments 44 whose responsibilities include revenue collection and 45 enforcement or child support enforcement; the names, home 46 addresses, telephone numbers, photographs, dates of birth, and 47 places of employment of the spouses and children of such 48 personnel; and the names and locations of schools and day care 49 facilities attended by the children of such personnel are exempt 50 from s. 119.07(1) and s. 24(a), Art. I of the State 51 Constitution.This sub-subparagraph is subject to the Open52Government Sunset Review Act in accordance with s. 119.15 and53shall stand repealed on October 2, 2022, unless reviewed and54saved from repeal through reenactment by the Legislature.55 b. The home addresses, telephone numbers, dates of birth, 56 and photographs of current or former nonsworn investigative 57 personnel of the Department of Financial Services whose duties 58 include the investigation of fraud, theft, workers’ compensation 59 coverage requirements and compliance, other related criminal 60 activities, or state regulatory requirement violations; the 61 names, home addresses, telephone numbers, dates of birth, and 62 places of employment of the spouses and children of such 63 personnel; and the names and locations of schools and day care 64 facilities attended by the children of such personnel are exempt 65 from s. 119.07(1) and s. 24(a), Art. I of the State 66 Constitution.This sub-subparagraph is subject to the Open67Government Sunset Review Act in accordance with s. 119.15 and68shall stand repealed on October 2, 2021, unless reviewed and69saved from repeal through reenactment by the Legislature.70 c. The home addresses, telephone numbers, dates of birth, 71 and photographs of current or former nonsworn investigative 72 personnel of the Office of Financial Regulation’s Bureau of 73 Financial Investigations whose duties include the investigation 74 of fraud, theft, other related criminal activities, or state 75 regulatory requirement violations; the names, home addresses, 76 telephone numbers, dates of birth, and places of employment of 77 the spouses and children of such personnel; and the names and 78 locations of schools and day care facilities attended by the 79 children of such personnel are exempt from s. 119.07(1) and s. 80 24(a), Art. I of the State Constitution.This sub-subparagraph81is subject to the Open Government Sunset Review Act in82accordance with s. 119.15 and shall stand repealed on October 2,832022, unless reviewed and saved from repeal through reenactment84by the Legislature.85 d. The home addresses, telephone numbers, dates of birth, 86 and photographs of current or former firefighters certified in 87 compliance with s. 633.408; the names, home addresses, telephone 88 numbers, photographs, dates of birth, and places of employment 89 of the spouses and children of such firefighters; and the names 90 and locations of schools and day care facilities attended by the 91 children of such firefighters are exempt from s. 119.07(1) and 92 s. 24(a), Art. I of the State Constitution.This sub93subparagraph is subject to the Open Government Sunset Review Act94in accordance with s. 119.15, and shall stand repealed on95October 2, 2022, unless reviewed and saved from repeal through96reenactment by the Legislature.97 e. The home addresses, dates of birth, and telephone 98 numbers of current or former justices of the Supreme Court, 99 district court of appeal judges, circuit court judges, and 100 county court judges; the names, home addresses, telephone 101 numbers, dates of birth, and places of employment of the spouses 102 and children of current or former justices and judges; and the 103 names and locations of schools and day care facilities attended 104 by the children of current or former justices and judges are 105 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 106 Constitution.This sub-subparagraph is subject to the Open107Government Sunset Review Act in accordance with s. 119.15 and108shall stand repealed on October 2, 2022, unless reviewed and109saved from repeal through reenactment by the Legislature.110 f. The home addresses, telephone numbers, dates of birth, 111 and photographs of current or former state attorneys, assistant 112 state attorneys, statewide prosecutors, or assistant statewide 113 prosecutors; the names, home addresses, telephone numbers, 114 photographs, dates of birth, and places of employment of the 115 spouses and children of current or former state attorneys, 116 assistant state attorneys, statewide prosecutors, or assistant 117 statewide prosecutors; and the names and locations of schools 118 and day care facilities attended by the children of current or 119 former state attorneys, assistant state attorneys, statewide 120 prosecutors, or assistant statewide prosecutors are exempt from 121 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 122 g. The home addresses, dates of birth, and telephone 123 numbers 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; the names, home addresses, telephone numbers, 127 dates of birth, and places of employment of the spouses and 128 children of general magistrates, special magistrates, judges of 129 compensation claims, administrative law judges of the Division 130 of Administrative Hearings, and child support enforcement 131 hearing officers; and the names and locations of schools and day 132 care facilities attended by the children of general magistrates, 133 special magistrates, judges of compensation claims, 134 administrative law judges of the Division of Administrative 135 Hearings, and child support enforcement hearing officers are 136 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 137 Constitution.This sub-subparagraph is subject to the Open138Government Sunset Review Act in accordance with s. 119.15 and139shall stand repealed on October 2, 2022, unless reviewed and140saved from repeal through reenactment by the Legislature.141 h. The home addresses, telephone numbers, dates of birth, 142 and photographs of current or former human resource, labor 143 relations, or employee relations directors, assistant directors, 144 managers, or assistant managers of any local government agency 145 or water management district whose duties include hiring and 146 firing employees, labor contract negotiation, administration, or 147 other personnel-related duties; the names, home addresses, 148 telephone numbers, dates of birth, and places of employment of 149 the spouses and children of such personnel; and the names and 150 locations of schools and day care facilities attended by the 151 children of such personnel are exempt from s. 119.07(1) and s. 152 24(a), Art. I of the State Constitution. 153 i. The home addresses, telephone numbers, dates of birth, 154 and photographs of current or former code enforcement officers; 155 the names, home addresses, telephone numbers, dates of birth, 156 and places of employment of the spouses and children of such 157 personnel; and the names and locations of schools and day care 158 facilities attended by the children of such personnel are exempt 159 from s. 119.07(1) and s. 24(a), Art. I of the State 160 Constitution. 161 j. The home addresses, telephone numbers, places of 162 employment, dates of birth, and photographs of current or former 163 guardians ad litem, as defined in s. 39.820; the names, home 164 addresses, telephone numbers, dates of birth, and places of 165 employment of the spouses and children of such persons; and the 166 names and locations of schools and day care facilities attended 167 by the children of such persons are exempt from s. 119.07(1) and 168 s. 24(a), Art. I of the State Constitution.This sub169subparagraph is subject to the Open Government Sunset Review Act170in accordance with s. 119.15 and shall stand repealed on October1712, 2022, unless reviewed and saved from repeal through172reenactment by the Legislature.173 k. The home addresses, telephone numbers, dates of birth, 174 and photographs of current or former juvenile probation 175 officers, juvenile probation supervisors, detention 176 superintendents, assistant detention superintendents, juvenile 177 justice detention officers I and II, juvenile justice detention 178 officer supervisors, juvenile justice residential officers, 179 juvenile justice residential officer supervisors I and II, 180 juvenile justice counselors, juvenile justice counselor 181 supervisors, human services counselor administrators, senior 182 human services counselor administrators, rehabilitation 183 therapists, and social services counselors of the Department of 184 Juvenile Justice; the names, home addresses, telephone numbers, 185 dates of birth, and places of employment of spouses and children 186 of such personnel; and the names and locations of schools and 187 day care facilities attended by the children of such personnel 188 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 189 Constitution. 190 l. The home addresses, telephone numbers, dates of birth, 191 and photographs of current or former public defenders, assistant 192 public defenders, criminal conflict and civil regional counsel, 193 and assistant criminal conflict and civil regional counsel; the 194 names, home addresses, telephone numbers, dates of birth, and 195 places of employment of the spouses and children of current or 196 former public defenders, assistant public defenders, criminal 197 conflict and civil regional counsel, and assistant criminal 198 conflict and civil regional counsel; and the names and locations 199 of schools and day care facilities attended by the children of 200 current or former public defenders, assistant public defenders, 201 criminal conflict and civil regional counsel, and assistant 202 criminal conflict and civil regional counsel are exempt from s. 203 119.07(1) and s. 24(a), Art. I of the State Constitution. 204 m. The home addresses, telephone numbers, dates of birth, 205 and photographs of current or former investigators or inspectors 206 of the Department of Business and Professional Regulation; the 207 names, home addresses, telephone numbers, dates of birth, and 208 places of employment of the spouses and children of such current 209 or former investigators and inspectors; and the names and 210 locations of schools and day care facilities attended by the 211 children of such current or former investigators and inspectors 212 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 213 Constitution.This sub-subparagraph is subject to the Open214Government Sunset Review Act in accordance with s. 119.15 and215shall stand repealed on October 2, 2022, unless reviewed and216saved from repeal through reenactment by the Legislature.217 n. The home addresses, telephone numbers, and dates of 218 birth of county tax collectors; the names, home addresses, 219 telephone numbers, dates of birth, and places of employment of 220 the spouses and children of such tax collectors; and the names 221 and locations of schools and day care facilities attended by the 222 children of such tax collectors are exempt from s. 119.07(1) and 223 s. 24(a), Art. I of the State Constitution.This sub224subparagraph is subject to the Open Government Sunset Review Act225in accordance with s. 119.15 and shall stand repealed on October2262, 2022, unless reviewed and saved from repeal through227reenactment by the Legislature.228 o. The home addresses, telephone numbers, dates of birth, 229 and photographs of current or former personnel of the Department 230 of Health whose duties include, or result in, the determination 231 or adjudication of eligibility for social security disability 232 benefits, the investigation or prosecution of complaints filed 233 against health care practitioners, or the inspection of health 234 care practitioners or health care facilities licensed by the 235 Department of Health; the names, home addresses, telephone 236 numbers, dates of birth, and places of employment of the spouses 237 and children of such personnel; and the names and locations of 238 schools and day care facilities attended by the children of such 239 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 240 the State Constitution.This sub-subparagraph is subject to the241Open Government Sunset Review Act in accordance with s. 119.15242and shall stand repealed on October 2, 2019, unless reviewed and243saved from repeal through reenactment by the Legislature.244 p. The home addresses, telephone numbers, dates of birth, 245 and photographs of current or former impaired practitioner 246 consultants who are retained by an agency or current or former 247 employees of an impaired practitioner consultant whose duties 248 result in a determination of a person’s skill and safety to 249 practice a licensed profession; the names, home addresses, 250 telephone numbers, dates of birth, and places of employment of 251 the spouses and children of such consultants or their employees; 252 and the names and locations of schools and day care facilities 253 attended by the children of such consultants or employees are 254 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 255 Constitution.This sub-subparagraph is subject to the Open256Government Sunset Review Act in accordance with s. 119.15 and257shall stand repealed on October 2, 2020, unless reviewed and258saved from repeal through reenactment by the Legislature.259 q. The home addresses, telephone numbers, dates of birth, 260 and photographs of current or former emergency medical 261 technicians or paramedics certified under chapter 401; the 262 names, home addresses, telephone numbers, dates of birth, and 263 places of employment of the spouses and children of such 264 emergency medical technicians or paramedics; and the names and 265 locations of schools and day care facilities attended by the 266 children of such emergency medical technicians or paramedics are 267 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 268 Constitution.This sub-subparagraph is subject to the Open269Government Sunset Review Act in accordance with s. 119.15 and270shall stand repealed on October 2, 2021, unless reviewed and271saved from repeal through reenactment by the Legislature.272 r. The home addresses, telephone numbers, dates of birth, 273 and photographs of current or former personnel employed in an 274 agency’s office of inspector general or internal audit 275 department whose duties include auditing or investigating waste, 276 fraud, abuse, theft, exploitation, or other activities that 277 could lead to criminal prosecution or administrative discipline; 278 the names, home addresses, telephone numbers, dates of birth, 279 and places of employment of spouses and children of such 280 personnel; and the names and locations of schools and day care 281 facilities attended by the children of such personnel are exempt 282 from s. 119.07(1) and s. 24(a), Art. I of the State 283 Constitution.This sub-subparagraph is subject to the Open284Government Sunset Review Act in accordance with s. 119.15 and285shall stand repealed on October 2, 2021, unless reviewed and286saved from repeal through reenactment by the Legislature.287 s. The home addresses, telephone numbers, dates of birth, 288 and photographs of current or former directors, managers, 289 supervisors, nurses, and clinical employees of an addiction 290 treatment facility; the home addresses, telephone numbers, 291 photographs, dates of birth, and places of employment of the 292 spouses and children of such personnel; and the names and 293 locations of schools and day care facilities attended by the 294 children of such personnel are exempt from s. 119.07(1) and s. 295 24(a), Art. I of the State Constitution. For purposes of this 296 sub-subparagraph, the term “addiction treatment facility” means 297 a county government, or agency thereof, that is licensed 298 pursuant to s. 397.401 and provides substance abuse prevention, 299 intervention, or clinical treatment, including any licensed 300 service component described in s. 397.311(26).This sub301subparagraph is subject to the Open Government Sunset Review Act302in accordance with s. 119.15 and shall stand repealed on October3032, 2023, unless reviewed and saved from repeal through304reenactment by the Legislature.305 t. The home addresses, telephone numbers, dates of birth, 306 and photographs of current or former directors, managers, 307 supervisors, and clinical employees of a child advocacy center 308 that meets the standards of s. 39.3035(1) and fulfills the 309 screening requirement of s. 39.3035(2), and the members of a 310 child protection team as described in s. 39.303 whose duties 311 include supporting the investigation of child abuse or sexual 312 abuse, child abandonment, child neglect, and child exploitation 313 or to provide services as part of a multidisciplinary case 314 review team; the names, home addresses, telephone numbers, 315 photographs, dates of birth, and places of employment of the 316 spouses and children of such personnel and members; and the 317 names and locations of schools and day care facilities attended 318 by the children of such personnel and members are exempt from s. 319 119.07(1) and s. 24(a), Art. I of the State Constitution.This320sub-subparagraph is subject to the Open Government Sunset Review321Act in accordance with s. 119.15 and shall stand repealed on322October 2, 2023, unless reviewed and saved from repeal through323reenactment by the Legislature.324 3. An agency that is the custodian of the information 325 specified in subparagraph 2. and that is not the employer of the 326 officer, employee, justice, judge, or other person specified in 327 subparagraph 2. shall maintain the exempt status of that 328 information only if the officer, employee, justice, judge, other 329 person, or employing agency of the designated employee submits a 330 written request for maintenance of the exemption to the 331 custodial agency. 332 4. The exemptions in this paragraph apply to information 333 held by an agency before, on, or after the effective date of the 334 exemption. 335 5. This paragraph is subject to the Open Government Sunset 336 Review Act in accordance with s. 119.15 and shall stand repealed 337 on October 2, 2024, unless reviewed and saved from repeal 338 through reenactment by the Legislature. 339 Section 2. (1) The Legislature finds that it is a public 340 necessity to define the term “home addresses” for purposes of 341 the public records exemptions for agency personnel information 342 under s. 119.071(4)(d), Florida Statutes. The public records 343 exemptions for agency personnel information protect identifying 344 and location information of numerous types of personnel, 345 including, but not limited to, current or former law enforcement 346 officers, investigative personnel, state attorneys and 347 prosecutors, public defenders, guardians ad litem, Supreme Court 348 justices, various judges, and the spouses and children of such 349 personnel. The Legislature has previously recognized that such 350 personnel and their family members are at a heightened risk of 351 physical and emotional harm from disgruntled individuals who 352 have contentious reactions to actions taken by such personnel, 353 or whose business or professional practices have come under 354 scrutiny of such personnel, and, as a result, has enacted 355 various public records exemptions. While home addresses of such 356 personnel and their family members are already exempt from s. 357 119.07(1), Florida Statutes, and s. 24(a), Article I of the 358 State Constitution, the current exemptions do not provide 359 protection for various forms of descriptive property information 360 that may be used on its own, or in conjunction with other 361 information, to reveal the home addresses that otherwise should 362 be protected from public disclosure. Therefore, the Legislature 363 finds that it is a public necessity to specifically define the 364 term “home addresses” so that the safety and privacy of various 365 personnel and their family members are not compromised. 366 (2) The Legislature further finds that it is a public 367 necessity that the home addresses, telephone numbers, dates of 368 birth, and photographs of active or former civilian personnel 369 employed by a law enforcement agency; the names, home addresses, 370 telephone numbers, photographs, dates of birth, and places of 371 employment of the spouses and children of such personnel; and 372 the names and locations of schools and day care facilities 373 attended by the children of such personnel be exempt from public 374 records requirements. Existing law already provides that the 375 identifying and location information of active or former 376 civilian law enforcement personnel and their spouses and 377 children are exempt from public records requirements. The 378 amendment made by this act further specifies that any active or 379 former civilian personnel employed by a law enforcement agency 380 and their spouses and children are entitled to the protections 381 of the public records exemption. The civilian personnel of law 382 enforcement agencies perform a variety of important duties that 383 ensure public safety and welfare and encourage safe and secure 384 communities. As a result of such duties, these civilian 385 personnel often come into close contact with individuals who not 386 only may be a threat to those personnel, but who might also seek 387 to take revenge against them by harming their spouses and 388 children. The Legislature finds that modifying the public 389 records exemption to apply to all active or former civilian 390 personnel employed by a law enforcement agency and their spouses 391 and children will serve the public interest by further ensuring 392 the safety of such personnel. 393 Section 3. This act shall take effect July 1, 2019.