Florida Senate - 2019                                     SB 746
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01023-19                                            2019746__
    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 certain identifying and
    5         location information of current and former judicial
    6         assistants and their spouses and children; providing
    7         for future legislative review and repeal of the
    8         exemption; providing a statement of public necessity;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (4) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (4) AGENCY PERSONNEL INFORMATION.—
   18         (d)1. For purposes of this paragraph, the term “telephone
   19  numbers” includes home telephone numbers, personal cellular
   20  telephone numbers, personal pager telephone numbers, and
   21  telephone numbers associated with personal communications
   22  devices.
   23         2.a. The home addresses, telephone numbers, dates of birth,
   24  and photographs of active or former sworn or civilian law
   25  enforcement personnel, including correctional and correctional
   26  probation officers, personnel of the Department of Children and
   27  Families whose duties include the investigation of abuse,
   28  neglect, exploitation, fraud, theft, or other criminal
   29  activities, personnel of the Department of Health whose duties
   30  are to support the investigation of child abuse or neglect, and
   31  personnel of the Department of Revenue or local governments
   32  whose responsibilities include revenue collection and
   33  enforcement or child support enforcement; the names, home
   34  addresses, telephone numbers, photographs, dates of birth, and
   35  places of employment of the spouses and children of such
   36  personnel; and the names and locations of schools and day care
   37  facilities attended by the children of such personnel are exempt
   38  from s. 119.07(1) and s. 24(a), Art. I of the State
   39  Constitution. This sub-subparagraph is subject to the Open
   40  Government Sunset Review Act in accordance with s. 119.15 and
   41  shall stand repealed on October 2, 2022, unless reviewed and
   42  saved from repeal through reenactment by the Legislature.
   43         b. The home addresses, telephone numbers, dates of birth,
   44  and photographs of current or former nonsworn investigative
   45  personnel of the Department of Financial Services whose duties
   46  include the investigation of fraud, theft, workers’ compensation
   47  coverage requirements and compliance, other related criminal
   48  activities, or state regulatory requirement violations; the
   49  names, home addresses, telephone numbers, dates of birth, and
   50  places of employment of the spouses and children of such
   51  personnel; and the names and locations of schools and day care
   52  facilities attended by the children of such personnel are exempt
   53  from s. 119.07(1) and s. 24(a), Art. I of the State
   54  Constitution. This sub-subparagraph is subject to the Open
   55  Government Sunset Review Act in accordance with s. 119.15 and
   56  shall stand repealed on October 2, 2021, unless reviewed and
   57  saved from repeal through reenactment by the Legislature.
   58         c. The home addresses, telephone numbers, dates of birth,
   59  and photographs of current or former nonsworn investigative
   60  personnel of the Office of Financial Regulation’s Bureau of
   61  Financial Investigations whose duties include the investigation
   62  of fraud, theft, other related criminal activities, or state
   63  regulatory requirement violations; the names, home addresses,
   64  telephone numbers, dates of birth, and places of employment of
   65  the spouses and children of such personnel; and the names and
   66  locations of schools and day care facilities attended by the
   67  children of such personnel are exempt from s. 119.07(1) and s.
   68  24(a), Art. I of the State Constitution. This sub-subparagraph
   69  is subject to the Open Government Sunset Review Act in
   70  accordance with s. 119.15 and shall stand repealed on October 2,
   71  2022, unless reviewed and saved from repeal through reenactment
   72  by the Legislature.
   73         d. The home addresses, telephone numbers, dates of birth,
   74  and photographs of current or former firefighters certified in
   75  compliance with s. 633.408; the names, home addresses, telephone
   76  numbers, photographs, dates of birth, and places of employment
   77  of the spouses and children of such firefighters; and the names
   78  and locations of schools and day care facilities attended by the
   79  children of such firefighters are exempt from s. 119.07(1) and
   80  s. 24(a), Art. I of the State Constitution. This sub
   81  subparagraph is subject to the Open Government Sunset Review Act
   82  in accordance with s. 119.15, and shall stand repealed on
   83  October 2, 2022, unless reviewed and saved from repeal through
   84  reenactment by the Legislature.
   85         e. The home addresses, dates of birth, and telephone
   86  numbers of current or former justices of the Supreme Court,
   87  district court of appeal judges, circuit court judges, and
   88  county court judges, and judicial assistants; the names, home
   89  addresses, telephone numbers, dates of birth, and places of
   90  employment of the spouses and children of current or former
   91  justices, and judges, and judicial assistants; and the names and
   92  locations of schools and day care facilities attended by the
   93  children of current or former justices, and judges, and judicial
   94  assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of
   95  the State Constitution. This sub-subparagraph is subject to the
   96  Open Government Sunset Review Act in accordance with s. 119.15
   97  and shall stand repealed on October 2, 2024 2022, unless
   98  reviewed and saved from repeal through reenactment by the
   99  Legislature.
  100         f. The home addresses, telephone numbers, dates of birth,
  101  and photographs of current or former state attorneys, assistant
  102  state attorneys, statewide prosecutors, or assistant statewide
  103  prosecutors; the names, home addresses, telephone numbers,
  104  photographs, dates of birth, and places of employment of the
  105  spouses and children of current or former state attorneys,
  106  assistant state attorneys, statewide prosecutors, or assistant
  107  statewide prosecutors; and the names and locations of schools
  108  and day care facilities attended by the children of current or
  109  former state attorneys, assistant state attorneys, statewide
  110  prosecutors, or assistant statewide prosecutors are exempt from
  111  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  112         g. The home addresses, dates of birth, and telephone
  113  numbers of general magistrates, special magistrates, judges of
  114  compensation claims, administrative law judges of the Division
  115  of Administrative Hearings, and child support enforcement
  116  hearing officers; the names, home addresses, telephone numbers,
  117  dates of birth, and places of employment of the spouses and
  118  children 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; and the names and locations of schools and day
  122  care facilities attended by the children of general magistrates,
  123  special magistrates, judges of compensation claims,
  124  administrative law judges of the Division of Administrative
  125  Hearings, and child support enforcement hearing officers are
  126  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  127  Constitution. This sub-subparagraph is subject to the Open
  128  Government Sunset Review Act in accordance with s. 119.15 and
  129  shall stand repealed on October 2, 2022, unless reviewed and
  130  saved from repeal through reenactment by the Legislature.
  131         h. The home addresses, telephone numbers, dates of birth,
  132  and photographs of current or former human resource, labor
  133  relations, or employee relations directors, assistant directors,
  134  managers, or assistant managers of any local government agency
  135  or water management district whose duties include hiring and
  136  firing employees, labor contract negotiation, administration, or
  137  other personnel-related duties; the names, home addresses,
  138  telephone numbers, dates of birth, and places of employment of
  139  the spouses and children of such personnel; and the names and
  140  locations of schools and day care facilities attended by the
  141  children of such personnel are exempt from s. 119.07(1) and s.
  142  24(a), Art. I of the State Constitution.
  143         i. The home addresses, telephone numbers, dates of birth,
  144  and photographs of current or former code enforcement officers;
  145  the names, home addresses, telephone numbers, dates of birth,
  146  and places of employment of the spouses and children of such
  147  personnel; and the names and locations of schools and day care
  148  facilities attended by the children of such personnel are exempt
  149  from s. 119.07(1) and s. 24(a), Art. I of the State
  150  Constitution.
  151         j. The home addresses, telephone numbers, places of
  152  employment, dates of birth, and photographs of current or former
  153  guardians ad litem, as defined in s. 39.820; the names, home
  154  addresses, telephone numbers, dates of birth, and places of
  155  employment of the spouses and children of such persons; and the
  156  names and locations of schools and day care facilities attended
  157  by the children of such persons are exempt from s. 119.07(1) and
  158  s. 24(a), Art. I of the State Constitution. This sub
  159  subparagraph is subject to the Open Government Sunset Review Act
  160  in accordance with s. 119.15 and shall stand repealed on October
  161  2, 2022, unless reviewed and saved from repeal through
  162  reenactment by the Legislature.
  163         k. The home addresses, telephone numbers, dates of birth,
  164  and photographs of current or former juvenile probation
  165  officers, juvenile probation supervisors, detention
  166  superintendents, assistant detention superintendents, juvenile
  167  justice detention officers I and II, juvenile justice detention
  168  officer supervisors, juvenile justice residential officers,
  169  juvenile justice residential officer supervisors I and II,
  170  juvenile justice counselors, juvenile justice counselor
  171  supervisors, human services counselor administrators, senior
  172  human services counselor administrators, rehabilitation
  173  therapists, and social services counselors of the Department of
  174  Juvenile Justice; the names, home addresses, telephone numbers,
  175  dates of birth, and places of employment of spouses and children
  176  of such personnel; and the names and locations of schools and
  177  day care facilities attended by the children of such personnel
  178  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  179  Constitution.
  180         l. The home addresses, telephone numbers, dates of birth,
  181  and photographs of current or former public defenders, assistant
  182  public defenders, criminal conflict and civil regional counsel,
  183  and assistant criminal conflict and civil regional counsel; the
  184  names, home addresses, telephone numbers, dates of birth, and
  185  places of employment of the spouses and children of current or
  186  former public defenders, assistant public defenders, criminal
  187  conflict and civil regional counsel, and assistant criminal
  188  conflict and civil regional counsel; and the names and locations
  189  of schools and day care facilities attended by the children of
  190  current or former public defenders, assistant public defenders,
  191  criminal conflict and civil regional counsel, and assistant
  192  criminal conflict and civil regional counsel are exempt from s.
  193  119.07(1) and s. 24(a), Art. I of the State Constitution.
  194         m. The home addresses, telephone numbers, dates of birth,
  195  and photographs of current or former investigators or inspectors
  196  of the Department of Business and Professional Regulation; the
  197  names, home addresses, telephone numbers, dates of birth, and
  198  places of employment of the spouses and children of such current
  199  or former investigators and inspectors; and the names and
  200  locations of schools and day care facilities attended by the
  201  children of such current or former investigators and inspectors
  202  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  203  Constitution. This sub-subparagraph is subject to the Open
  204  Government Sunset Review Act in accordance with s. 119.15 and
  205  shall stand repealed on October 2, 2022, unless reviewed and
  206  saved from repeal through reenactment by the Legislature.
  207         n. The home addresses, telephone numbers, and dates of
  208  birth of county tax collectors; the names, home addresses,
  209  telephone numbers, dates of birth, and places of employment of
  210  the spouses and children of such tax collectors; and the names
  211  and locations of schools and day care facilities attended by the
  212  children of such tax collectors are exempt from s. 119.07(1) and
  213  s. 24(a), Art. I of the State Constitution. This sub
  214  subparagraph is subject to the Open Government Sunset Review Act
  215  in accordance with s. 119.15 and shall stand repealed on October
  216  2, 2022, unless reviewed and saved from repeal through
  217  reenactment by the Legislature.
  218         o. The home addresses, telephone numbers, dates of birth,
  219  and photographs of current or former personnel of the Department
  220  of Health whose duties include, or result in, the determination
  221  or adjudication of eligibility for social security disability
  222  benefits, the investigation or prosecution of complaints filed
  223  against health care practitioners, or the inspection of health
  224  care practitioners or health care facilities licensed by the
  225  Department of Health; the names, home addresses, telephone
  226  numbers, dates of birth, and places of employment of the spouses
  227  and children of such personnel; and the names and locations of
  228  schools and day care facilities attended by the children of such
  229  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  230  the State Constitution. This sub-subparagraph is subject to the
  231  Open Government Sunset Review Act in accordance with s. 119.15
  232  and shall stand repealed on October 2, 2019, unless reviewed and
  233  saved from repeal through reenactment by the Legislature.
  234         p. The home addresses, telephone numbers, dates of birth,
  235  and photographs of current or former impaired practitioner
  236  consultants who are retained by an agency or current or former
  237  employees of an impaired practitioner consultant whose duties
  238  result in a determination of a person’s skill and safety to
  239  practice a licensed profession; the names, home addresses,
  240  telephone numbers, dates of birth, and places of employment of
  241  the spouses and children of such consultants or their employees;
  242  and the names and locations of schools and day care facilities
  243  attended by the children of such consultants or employees are
  244  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  245  Constitution. This sub-subparagraph is subject to the Open
  246  Government Sunset Review Act in accordance with s. 119.15 and
  247  shall stand repealed on October 2, 2020, unless reviewed and
  248  saved from repeal through reenactment by the Legislature.
  249         q. The home addresses, telephone numbers, dates of birth,
  250  and photographs of current or former emergency medical
  251  technicians or paramedics certified under chapter 401; the
  252  names, home addresses, telephone numbers, dates of birth, and
  253  places of employment of the spouses and children of such
  254  emergency medical technicians or paramedics; and the names and
  255  locations of schools and day care facilities attended by the
  256  children of such emergency medical technicians or paramedics are
  257  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  258  Constitution. This sub-subparagraph is subject to the Open
  259  Government Sunset Review Act in accordance with s. 119.15 and
  260  shall stand repealed on October 2, 2021, unless reviewed and
  261  saved from repeal through reenactment by the Legislature.
  262         r. The home addresses, telephone numbers, dates of birth,
  263  and photographs of current or former personnel employed in an
  264  agency’s office of inspector general or internal audit
  265  department whose duties include auditing or investigating waste,
  266  fraud, abuse, theft, exploitation, or other activities that
  267  could lead to criminal prosecution or administrative discipline;
  268  the names, home addresses, telephone numbers, dates of birth,
  269  and places of employment of spouses and children of such
  270  personnel; and the names and locations of schools and day care
  271  facilities attended by the children of such personnel are exempt
  272  from s. 119.07(1) and s. 24(a), Art. I of the State
  273  Constitution. This sub-subparagraph is subject to the Open
  274  Government Sunset Review Act in accordance with s. 119.15 and
  275  shall stand repealed on October 2, 2021, unless reviewed and
  276  saved from repeal through reenactment by the Legislature.
  277         s. The home addresses, telephone numbers, dates of birth,
  278  and photographs of current or former directors, managers,
  279  supervisors, nurses, and clinical employees of an addiction
  280  treatment facility; the home addresses, telephone numbers,
  281  photographs, dates of birth, and places of employment of the
  282  spouses and children of such personnel; and the names and
  283  locations of schools and day care facilities attended by the
  284  children of such personnel are exempt from s. 119.07(1) and s.
  285  24(a), Art. I of the State Constitution. For purposes of this
  286  sub-subparagraph, the term “addiction treatment facility” means
  287  a county government, or agency thereof, that is licensed
  288  pursuant to s. 397.401 and provides substance abuse prevention,
  289  intervention, or clinical treatment, including any licensed
  290  service component described in s. 397.311(26). This sub
  291  subparagraph is subject to the Open Government Sunset Review Act
  292  in accordance with s. 119.15 and shall stand repealed on October
  293  2, 2023, unless reviewed and saved from repeal through
  294  reenactment by the Legislature.
  295         t. The home addresses, telephone numbers, dates of birth,
  296  and photographs of current or former directors, managers,
  297  supervisors, and clinical employees of a child advocacy center
  298  that meets the standards of s. 39.3035(1) and fulfills the
  299  screening requirement of s. 39.3035(2), and the members of a
  300  child protection team as described in s. 39.303 whose duties
  301  include supporting the investigation of child abuse or sexual
  302  abuse, child abandonment, child neglect, and child exploitation
  303  or to provide services as part of a multidisciplinary case
  304  review team; the names, home addresses, telephone numbers,
  305  photographs, dates of birth, and places of employment of the
  306  spouses and children of such personnel and members; and the
  307  names and locations of schools and day care facilities attended
  308  by the children of such personnel and members are exempt from s.
  309  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  310  sub-subparagraph is subject to the Open Government Sunset Review
  311  Act in accordance with s. 119.15 and shall stand repealed on
  312  October 2, 2023, unless reviewed and saved from repeal through
  313  reenactment by the Legislature.
  314         3. An agency that is the custodian of the information
  315  specified in subparagraph 2. and that is not the employer of the
  316  officer, employee, justice, judge, or other person specified in
  317  subparagraph 2. shall maintain the exempt status of that
  318  information only if the officer, employee, justice, judge, other
  319  person, or employing agency of the designated employee submits a
  320  written request for maintenance of the exemption to the
  321  custodial agency.
  322         4. The exemptions in this paragraph apply to information
  323  held by an agency before, on, or after the effective date of the
  324  exemption.
  325         Section 2. The Legislature finds that it is a public
  326  necessity that the home addresses, dates of birth, and telephone
  327  numbers of current or former judicial assistants; the names,
  328  home addresses, telephone numbers, dates of birth, and places of
  329  employment of the spouses and children of such judicial
  330  assistants; and the names and locations of schools and day care
  331  facilities attended by the children of such judicial assistants
  332  be made exempt from s. 119.07(1), Florida Statutes, and s.
  333  24(a), Article I of the State Constitution. Such identifying and
  334  location information can be used as a tool to perpetuate fraud
  335  against an individual and to acquire sensitive personal,
  336  financial, medical, and familial information, the release of
  337  which could cause great financial harm to the individual. In the
  338  course of assisting in making rulings, entering judgments,
  339  imposing sentences, or reviewing cases, judicial assistants
  340  frequently do not create good will with litigants, the accused,
  341  the convicted, and their associates and families, thus making
  342  the judicial assistants, and their spouses and children, targets
  343  for acts of revenge. This risk continues after judicial
  344  assistants complete their public service. Disgruntled
  345  individuals may wait to commit an act of revenge until the
  346  employment of a judicial assistant ends. If such identifying and
  347  location information were released, the safety of current or
  348  former judicial assistants and their spouses and children could
  349  be seriously jeopardized. For these reasons, the Legislature
  350  finds that it is a public necessity that such information be
  351  made exempt from public records requirements.
  352         Section 3. This act shall take effect July 1, 2019.