Florida Senate - 2019 (PROPOSED BILL) SPB 7004 FOR CONSIDERATION By the Committee on Health Policy 588-00354-19 20197004pb 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 119.071, F.S., relating 4 to an exemption from the public records requirements 5 for personal identifying and location information and 6 photographs of certain Department of Health personnel; 7 removing the scheduled repeal of the exemption; 8 providing 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sub-subparagraph is subject to the Open 39 Government Sunset Review Act in accordance with s. 119.15 and 40 shall stand repealed on October 2, 2022, unless reviewed and 41 saved from repeal through reenactment by the Legislature. 42 b. The home addresses, telephone numbers, dates of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. 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-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 f. The home addresses, telephone numbers, dates of birth, 98 and photographs of current or former state attorneys, assistant 99 state attorneys, statewide prosecutors, or assistant statewide 100 prosecutors; the names, home addresses, telephone numbers, 101 photographs, dates of birth, and places of employment of the 102 spouses and children of current or former state attorneys, 103 assistant state attorneys, statewide prosecutors, or assistant 104 statewide prosecutors; and the names and locations of schools 105 and day care facilities attended by the children of current or 106 former state attorneys, assistant state attorneys, statewide 107 prosecutors, or assistant statewide prosecutors are exempt from 108 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 109 g. The home addresses, dates of birth, and telephone 110 numbers of general magistrates, special magistrates, judges of 111 compensation claims, administrative law judges of the Division 112 of Administrative Hearings, and child support enforcement 113 hearing officers; the names, home addresses, telephone numbers, 114 dates of birth, and places of employment of the spouses and 115 children of general magistrates, special magistrates, judges of 116 compensation claims, administrative law judges of the Division 117 of Administrative Hearings, and child support enforcement 118 hearing officers; and the names and locations of schools and day 119 care facilities attended by the children of general magistrates, 120 special magistrates, judges of compensation claims, 121 administrative law judges of the Division of Administrative 122 Hearings, and child support enforcement hearing officers are 123 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 124 Constitution. This sub-subparagraph is subject to the Open 125 Government Sunset Review Act in accordance with s. 119.15 and 126 shall stand repealed on October 2, 2022, unless reviewed and 127 saved from repeal through reenactment by the Legislature. 128 h. The home addresses, telephone numbers, dates of birth, 129 and photographs of current or former human resource, labor 130 relations, or employee relations directors, assistant directors, 131 managers, or assistant managers of any local government agency 132 or water management district whose duties include hiring and 133 firing employees, labor contract negotiation, administration, or 134 other personnel-related duties; the names, home addresses, 135 telephone numbers, dates of birth, and places of employment of 136 the spouses and children of such personnel; and the names and 137 locations of schools and day care facilities attended by the 138 children of such personnel are exempt from s. 119.07(1) and s. 139 24(a), Art. I of the State Constitution. 140 i. The home addresses, telephone numbers, dates of birth, 141 and photographs of current or former code enforcement officers; 142 the names, home addresses, telephone numbers, dates of birth, 143 and places of employment of the spouses and children of such 144 personnel; and the names and locations of schools and day care 145 facilities attended by the children of such personnel are exempt 146 from s. 119.07(1) and s. 24(a), Art. I of the State 147 Constitution. 148 j. The home addresses, telephone numbers, places of 149 employment, dates of birth, and photographs of current or former 150 guardians ad litem, as defined in s. 39.820; the names, home 151 addresses, telephone numbers, dates of birth, and places of 152 employment of the spouses and children of such persons; and the 153 names and locations of schools and day care facilities attended 154 by the children of such persons are exempt from s. 119.07(1) and 155 s. 24(a), Art. I of the State Constitution. This sub 156 subparagraph is subject to the Open Government Sunset Review Act 157 in accordance with s. 119.15 and shall stand repealed on October 158 2, 2022, unless reviewed and saved from repeal through 159 reenactment by the Legislature. 160 k. The home addresses, telephone numbers, dates of birth, 161 and photographs of current or former juvenile probation 162 officers, juvenile probation supervisors, detention 163 superintendents, assistant detention superintendents, juvenile 164 justice detention officers I and II, juvenile justice detention 165 officer supervisors, juvenile justice residential officers, 166 juvenile justice residential officer supervisors I and II, 167 juvenile justice counselors, juvenile justice counselor 168 supervisors, human services counselor administrators, senior 169 human services counselor administrators, rehabilitation 170 therapists, and social services counselors of the Department of 171 Juvenile Justice; the names, home addresses, telephone numbers, 172 dates of birth, and places of employment of spouses and children 173 of such personnel; and the names and locations of schools and 174 day care facilities attended by the children of such personnel 175 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 176 Constitution. 177 l. The home addresses, telephone numbers, dates of birth, 178 and photographs of current or former public defenders, assistant 179 public defenders, criminal conflict and civil regional counsel, 180 and assistant criminal conflict and civil regional counsel; the 181 names, home addresses, telephone numbers, dates of birth, and 182 places of employment of the spouses and children of current or 183 former public defenders, assistant public defenders, criminal 184 conflict and civil regional counsel, and assistant criminal 185 conflict and civil regional counsel; and the names and locations 186 of schools and day care facilities attended by the children of 187 current or former public defenders, assistant public defenders, 188 criminal conflict and civil regional counsel, and assistant 189 criminal conflict and civil regional counsel are exempt from s. 190 119.07(1) and s. 24(a), Art. I of the State Constitution. 191 m. The home addresses, telephone numbers, dates of birth, 192 and photographs of current or former investigators or inspectors 193 of the Department of Business and Professional Regulation; the 194 names, home addresses, telephone numbers, dates of birth, and 195 places of employment of the spouses and children of such current 196 or former investigators and inspectors; and the names and 197 locations of schools and day care facilities attended by the 198 children of such current or former investigators and inspectors 199 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 200 Constitution. This sub-subparagraph is subject to the Open 201 Government Sunset Review Act in accordance with s. 119.15 and 202 shall stand repealed on October 2, 2022, unless reviewed and 203 saved from repeal through reenactment by the Legislature. 204 n. The home addresses, telephone numbers, and dates of 205 birth of county tax collectors; the names, home addresses, 206 telephone numbers, dates of birth, and places of employment of 207 the spouses and children of such tax collectors; and the names 208 and locations of schools and day care facilities attended by the 209 children of such tax collectors are exempt from s. 119.07(1) and 210 s. 24(a), Art. I of the State Constitution. This sub 211 subparagraph is subject to the Open Government Sunset Review Act 212 in accordance with s. 119.15 and shall stand repealed on October 213 2, 2022, unless reviewed and saved from repeal through 214 reenactment by the Legislature. 215 o. The home addresses, telephone numbers, dates of birth, 216 and photographs of current or former personnel of the Department 217 of Health whose duties include, or result in, the determination 218 or adjudication of eligibility for social security disability 219 benefits, the investigation or prosecution of complaints filed 220 against health care practitioners, or the inspection of health 221 care practitioners or health care facilities licensed by the 222 Department of Health; the names, home addresses, telephone 223 numbers, dates of birth, and places of employment of the spouses 224 and children of such personnel; and the names and locations of 225 schools and day care facilities attended by the children of such 226 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 227 the State Constitution.This sub-subparagraph is subject to the228Open Government Sunset Review Act in accordance with s. 119.15229and shall stand repealed on October 2, 2019, unless reviewed and230saved from repeal through reenactment by the Legislature.231 p. The home addresses, telephone numbers, dates of birth, 232 and photographs of current or former impaired practitioner 233 consultants who are retained by an agency or current or former 234 employees of an impaired practitioner consultant whose duties 235 result in a determination of a person’s skill and safety to 236 practice a licensed profession; the names, home addresses, 237 telephone numbers, dates of birth, and places of employment of 238 the spouses and children of such consultants or their employees; 239 and the names and locations of schools and day care facilities 240 attended by the children of such consultants or employees are 241 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 242 Constitution. This sub-subparagraph is subject to the Open 243 Government Sunset Review Act in accordance with s. 119.15 and 244 shall stand repealed on October 2, 2020, unless reviewed and 245 saved from repeal through reenactment by the Legislature. 246 q. The home addresses, telephone numbers, dates of birth, 247 and photographs of current or former emergency medical 248 technicians or paramedics certified under chapter 401; the 249 names, home addresses, telephone numbers, dates of birth, and 250 places of employment of the spouses and children of such 251 emergency medical technicians or paramedics; and the names and 252 locations of schools and day care facilities attended by the 253 children of such emergency medical technicians or paramedics 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 Open 256 Government Sunset Review Act in accordance with s. 119.15 and 257 shall stand repealed on October 2, 2021, unless reviewed and 258 saved from repeal through reenactment by the Legislature. 259 r. The home addresses, telephone numbers, dates of birth, 260 and photographs of current or former personnel employed in an 261 agency’s office of inspector general or internal audit 262 department whose duties include auditing or investigating waste, 263 fraud, abuse, theft, exploitation, or other activities that 264 could lead to criminal prosecution or administrative discipline; 265 the names, home addresses, telephone numbers, dates of birth, 266 and places of employment of spouses and children of such 267 personnel; and the names and locations of schools and day care 268 facilities attended by the children of such personnel are exempt 269 from s. 119.07(1) and s. 24(a), Art. I of the State 270 Constitution. This sub-subparagraph is subject to the Open 271 Government Sunset Review Act in accordance with s. 119.15 and 272 shall stand repealed on October 2, 2021, unless reviewed and 273 saved from repeal through reenactment by the Legislature. 274 s. The home addresses, telephone numbers, dates of birth, 275 and photographs of current or former directors, managers, 276 supervisors, nurses, and clinical employees of an addiction 277 treatment facility; the home addresses, telephone numbers, 278 photographs, dates of birth, and places of employment of the 279 spouses and children of such personnel; and the names and 280 locations of schools and day care facilities attended by the 281 children of such personnel are exempt from s. 119.07(1) and s. 282 24(a), Art. I of the State Constitution. For purposes of this 283 sub-subparagraph, the term “addiction treatment facility” means 284 a county government, or agency thereof, that is licensed 285 pursuant to s. 397.401 and provides substance abuse prevention, 286 intervention, or clinical treatment, including any licensed 287 service component described in s. 397.311(26). This sub 288 subparagraph is subject to the Open Government Sunset Review Act 289 in accordance with s. 119.15 and shall stand repealed on October 290 2, 2023, unless reviewed and saved from repeal through 291 reenactment by the Legislature. 292 t. The home addresses, telephone numbers, dates of birth, 293 and photographs of current or former directors, managers, 294 supervisors, and clinical employees of a child advocacy center 295 that meets the standards of s. 39.3035(1) and fulfills the 296 screening requirement of s. 39.3035(2), and the members of a 297 child protection team as described in s. 39.303 whose duties 298 include supporting the investigation of child abuse or sexual 299 abuse, child abandonment, child neglect, and child exploitation 300 or to provide services as part of a multidisciplinary case 301 review team; the names, home addresses, telephone numbers, 302 photographs, dates of birth, and places of employment of the 303 spouses and children of such personnel and members; and the 304 names and locations of schools and day care facilities attended 305 by the children of such personnel and members are exempt from s. 306 119.07(1) and s. 24(a), Art. I of the State Constitution. This 307 sub-subparagraph is subject to the Open Government Sunset Review 308 Act in accordance with s. 119.15 and shall stand repealed on 309 October 2, 2023, unless reviewed and saved from repeal through 310 reenactment by the Legislature. 311 3. An agency that is the custodian of the information 312 specified in subparagraph 2. and that is not the employer of the 313 officer, employee, justice, judge, or other person specified in 314 subparagraph 2. shall maintain the exempt status of that 315 information only if the officer, employee, justice, judge, other 316 person, or employing agency of the designated employee submits a 317 written request for maintenance of the exemption to the 318 custodial agency. 319 4. The exemptions in this paragraph apply to information 320 held by an agency before, on, or after the effective date of the 321 exemption. 322 Section 2. This act shall take effect October 1, 2019.