Florida Senate - 2020 SB 128 By Senator Wright 14-00068-20 2020128__ 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 a 7 statement of public necessity; providing an effective 8 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: 18 a. “Home addresses” means the dwelling location at which an 19 individual resides and includes the physical address, mailing 20 address, street address, parcel identification number, plot 21 identification number, legal property description, neighborhood 22 name and lot number, GPS coordinates, and any other descriptive 23 property information that may reveal the home address. 24 b. “Telephone numbers” includes home telephone numbers, 25 personal cellular telephone numbers, personal pager telephone 26 numbers, and telephone numbers associated with personal 27 communications devices. 28 2.a. The home addresses, telephone numbers, dates of birth, 29 and photographs of active or former sworn law enforcement 30 personnel or of active or former civilian personnel employed by 31 a law enforcement agency, including correctional and 32 correctional probation officers, personnel of the Department of 33 Children and Families whose duties include the investigation of 34 abuse, neglect, exploitation, fraud, theft, or other criminal 35 activities, personnel of the Department of Health whose duties 36 are to support the investigation of child abuse or neglect, and 37 personnel of the Department of Revenue or local governments 38 whose responsibilities include revenue collection and 39 enforcement or child support enforcement; the names, home 40 addresses, telephone numbers, photographs, dates of birth, and 41 places of employment of the spouses and children of such 42 personnel; and the names and locations of schools and day care 43 facilities attended by the children of such personnel are exempt 44 from s. 119.07(1) and s. 24(a), Art. I of the State 45 Constitution. 46 b. The home addresses, telephone numbers, dates of birth, 47 and photographs of current or former nonsworn investigative 48 personnel of the Department of Financial Services whose duties 49 include the investigation of fraud, theft, workers’ compensation 50 coverage requirements and compliance, other related criminal 51 activities, or state regulatory requirement violations; the 52 names, home addresses, telephone numbers, dates of birth, and 53 places of employment of the spouses and children of such 54 personnel; and the names and locations of schools and day care 55 facilities attended by the children of such personnel are exempt 56 from s. 119.07(1) and s. 24(a), Art. I of the State 57 Constitution. 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. 69 d. The home addresses, telephone numbers, dates of birth, 70 and photographs of current or former firefighters certified in 71 compliance with s. 633.408; the names, home addresses, telephone 72 numbers, photographs, dates of birth, and places of employment 73 of the spouses and children of such firefighters; and the names 74 and locations of schools and day care facilities attended by the 75 children of such firefighters are exempt from s. 119.07(1) and 76 s. 24(a), Art. I of the State Constitution. 77 e. The home addresses, dates of birth, and telephone 78 numbers of current or former justices of the Supreme Court, 79 district court of appeal judges, circuit court judges,and80 county court judges, and judicial assistants; the names, home 81 addresses, telephone numbers, dates of birth, and places of 82 employment of the spouses and children of current or former 83 justices,andjudges, and judicial assistants; and the names and 84 locations of schools and day care facilities attended by the 85 children of current or former justices,andjudges, and judicial 86 assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of 87 the State Constitution. 88 f. The home addresses, telephone numbers, dates of birth, 89 and photographs of current or former state attorneys, assistant 90 state attorneys, statewide prosecutors, or assistant statewide 91 prosecutors; the names, home addresses, telephone numbers, 92 photographs, dates of birth, and places of employment of the 93 spouses and children of current or former state attorneys, 94 assistant state attorneys, statewide prosecutors, or assistant 95 statewide prosecutors; and the names and locations of schools 96 and day care facilities attended by the children of current or 97 former state attorneys, assistant state attorneys, statewide 98 prosecutors, or assistant statewide prosecutors are exempt from 99 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 100 g. The home addresses, dates of birth, and telephone 101 numbers of general magistrates, special magistrates, judges of 102 compensation claims, administrative law judges of the Division 103 of Administrative Hearings, and child support enforcement 104 hearing officers; the names, home addresses, telephone numbers, 105 dates of birth, and places of employment of the spouses and 106 children of general magistrates, special magistrates, judges of 107 compensation claims, administrative law judges of the Division 108 of Administrative Hearings, and child support enforcement 109 hearing officers; and the names and locations of schools and day 110 care facilities attended by the children of general magistrates, 111 special magistrates, judges of compensation claims, 112 administrative law judges of the Division of Administrative 113 Hearings, and child support enforcement hearing officers are 114 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 115 Constitution. 116 h. The home addresses, telephone numbers, dates of birth, 117 and photographs of current or former human resource, labor 118 relations, or employee relations directors, assistant directors, 119 managers, or assistant managers of any local government agency 120 or water management district whose duties include hiring and 121 firing employees, labor contract negotiation, administration, or 122 other personnel-related duties; the names, home addresses, 123 telephone numbers, dates of birth, and places of employment of 124 the spouses and children of such personnel; and the names and 125 locations of schools and day care facilities attended by the 126 children of such personnel are exempt from s. 119.07(1) and s. 127 24(a), Art. I of the State Constitution. 128 i. The home addresses, telephone numbers, dates of birth, 129 and photographs of current or former code enforcement officers; 130 the names, home addresses, telephone numbers, dates of birth, 131 and places of employment of the spouses and children of such 132 personnel; and the names and locations of schools and day care 133 facilities attended by the children of such personnel are exempt 134 from s. 119.07(1) and s. 24(a), Art. I of the State 135 Constitution. 136 j. The home addresses, telephone numbers, places of 137 employment, dates of birth, and photographs of current or former 138 guardians ad litem, as defined in s. 39.820; the names, home 139 addresses, telephone numbers, dates of birth, and places of 140 employment of the spouses and children of such persons; and the 141 names and locations of schools and day care facilities attended 142 by the children of such persons are exempt from s. 119.07(1) and 143 s. 24(a), Art. I of the State Constitution. 144 k. The home addresses, telephone numbers, dates of birth, 145 and photographs of current or former juvenile probation 146 officers, juvenile probation supervisors, detention 147 superintendents, assistant detention superintendents, juvenile 148 justice detention officers I and II, juvenile justice detention 149 officer supervisors, juvenile justice residential officers, 150 juvenile justice residential officer supervisors I and II, 151 juvenile justice counselors, juvenile justice counselor 152 supervisors, human services counselor administrators, senior 153 human services counselor administrators, rehabilitation 154 therapists, and social services counselors of the Department of 155 Juvenile Justice; the names, home addresses, telephone numbers, 156 dates of birth, and places of employment of spouses and children 157 of such personnel; and the names and locations of schools and 158 day care facilities attended by the children of such personnel 159 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 160 Constitution. 161 l. The home addresses, telephone numbers, dates of birth, 162 and photographs of current or former public defenders, assistant 163 public defenders, criminal conflict and civil regional counsel, 164 and assistant criminal conflict and civil regional counsel; the 165 names, home addresses, telephone numbers, dates of birth, and 166 places of employment of the spouses and children of current or 167 former public defenders, assistant public defenders, criminal 168 conflict and civil regional counsel, and assistant criminal 169 conflict and civil regional counsel; and the names and locations 170 of schools and day care facilities attended by the children of 171 current or former public defenders, assistant public defenders, 172 criminal conflict and civil regional counsel, and assistant 173 criminal conflict and civil regional counsel are exempt from s. 174 119.07(1) and s. 24(a), Art. I of the State Constitution. 175 m. The home addresses, telephone numbers, dates of birth, 176 and photographs of current or former investigators or inspectors 177 of the Department of Business and Professional Regulation; the 178 names, home addresses, telephone numbers, dates of birth, and 179 places of employment of the spouses and children of such current 180 or former investigators and inspectors; and the names and 181 locations of schools and day care facilities attended by the 182 children of such current or former investigators and inspectors 183 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 184 Constitution. 185 n. The home addresses, telephone numbers, and dates of 186 birth of county tax collectors; the names, home addresses, 187 telephone numbers, dates of birth, and places of employment of 188 the spouses and children of such tax collectors; and the names 189 and locations of schools and day care facilities attended by the 190 children of such tax collectors are exempt from s. 119.07(1) and 191 s. 24(a), Art. I of the State Constitution. 192 o. The home addresses, telephone numbers, dates of birth, 193 and photographs of current or former personnel of the Department 194 of Health whose duties include, or result in, the determination 195 or adjudication of eligibility for social security disability 196 benefits, the investigation or prosecution of complaints filed 197 against health care practitioners, or the inspection of health 198 care practitioners or health care facilities licensed by the 199 Department of Health; the names, home addresses, telephone 200 numbers, dates of birth, and places of employment of the spouses 201 and children of such personnel; and the names and locations of 202 schools and day care facilities attended by the children of such 203 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 204 the State Constitution. 205 p. The home addresses, telephone numbers, dates of birth, 206 and photographs of current or former impaired practitioner 207 consultants who are retained by an agency or current or former 208 employees of an impaired practitioner consultant whose duties 209 result in a determination of a person’s skill and safety to 210 practice a licensed profession; the names, home addresses, 211 telephone numbers, dates of birth, and places of employment of 212 the spouses and children of such consultants or their employees; 213 and the names and locations of schools and day care facilities 214 attended by the children of such consultants or employees are 215 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 216 Constitution. 217 q. The home addresses, telephone numbers, dates of birth, 218 and photographs of current or former emergency medical 219 technicians or paramedics certified under chapter 401; the 220 names, home addresses, telephone numbers, dates of birth, and 221 places of employment of the spouses and children of such 222 emergency medical technicians or paramedics; and the names and 223 locations of schools and day care facilities attended by the 224 children of such emergency medical technicians or paramedics are 225 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 226 Constitution. 227 r. The home addresses, telephone numbers, dates of birth, 228 and photographs of current or former personnel employed in an 229 agency’s office of inspector general or internal audit 230 department whose duties include auditing or investigating waste, 231 fraud, abuse, theft, exploitation, or other activities that 232 could lead to criminal prosecution or administrative discipline; 233 the names, home addresses, telephone numbers, dates of birth, 234 and places of employment of spouses and children of such 235 personnel; and the names and locations of schools and day care 236 facilities attended by the children of such personnel are exempt 237 from s. 119.07(1) and s. 24(a), Art. I of the State 238 Constitution. 239 s. The home addresses, telephone numbers, dates of birth, 240 and photographs of current or former directors, managers, 241 supervisors, nurses, and clinical employees of an addiction 242 treatment facility; the home addresses, telephone numbers, 243 photographs, dates of birth, and places of employment of the 244 spouses and children of such personnel; and the names and 245 locations of schools and day care facilities attended by the 246 children of such personnel are exempt from s. 119.07(1) and s. 247 24(a), Art. I of the State Constitution. For purposes of this 248 sub-subparagraph, the term “addiction treatment facility” means 249 a county government, or agency thereof, that is licensed 250 pursuant to s. 397.401 and provides substance abuse prevention, 251 intervention, or clinical treatment, including any licensed 252 service component described in s. 397.311(26). 253 t. The home addresses, telephone numbers, dates of birth, 254 and photographs of current or former directors, managers, 255 supervisors, and clinical employees of a child advocacy center 256 that meets the standards of s. 39.3035(1) and fulfills the 257 screening requirement of s. 39.3035(2), and the members of a 258 Child Protection Team as described in s. 39.303 whose duties 259 include supporting the investigation of child abuse or sexual 260 abuse, child abandonment, child neglect, and child exploitation 261 or to provide services as part of a multidisciplinary case 262 review team; the names, home addresses, telephone numbers, 263 photographs, dates of birth, and places of employment of the 264 spouses and children of such personnel and members; and the 265 names and locations of schools and day care facilities attended 266 by the children of such personnel and members are exempt from s. 267 119.07(1) and s. 24(a), Art. I of the State Constitution. 268 3. An agency that is the custodian of the information 269 specified in subparagraph 2. and that is not the employer of the 270 officer, employee, justice, judge, or other person specified in 271 subparagraph 2. shall maintain the exempt status of that 272 information only if the officer, employee, justice, judge, other 273 person, or employing agency of the designated employee submits a 274 written request for maintenance of the exemption to the 275 custodial agency. 276 4. An officer, an employee, a justice, a judge, or other 277 person specified in subparagraph 2. may submit a written request 278 for the release of his or her exempt information to the 279 custodial agency. The written request must be notarized and must 280 specify the information to be released and the party that is 281 authorized to receive the information. Upon receipt of the 282 written request, the custodial agency shall release the 283 specified information to the party authorized to receive such 284 information. 285 5. The exemptions in this paragraph apply to information 286 held by an agency before, on, or after the effective date of the 287 exemption. 288 6. This paragraph is subject to the Open Government Sunset 289 Review Act in accordance with s. 119.15 and shall stand repealed 290 on October 2, 2024, unless reviewed and saved from repeal 291 through reenactment by the Legislature. 292 Section 2. The Legislature finds that it is a public 293 necessity that the home addresses, dates of birth, and telephone 294 numbers of current or former judicial assistants; the names, 295 home addresses, telephone numbers, dates of birth, and places of 296 employment of the spouses and children of such judicial 297 assistants; and the names and locations of schools and day care 298 facilities attended by the children of such judicial assistants 299 be made exempt from s. 119.07(1), Florida Statutes, and s. 300 24(a), Article I of the State Constitution. Such identifying and 301 location information can be used as a tool to perpetuate fraud 302 against an individual and to acquire sensitive personal, 303 financial, medical, and familial information, the release of 304 which could cause great financial harm to the individual. In the 305 course of assisting in making rulings, entering judgments, 306 imposing sentences, or reviewing cases, judicial assistants 307 frequently do not create good will with litigants, the accused, 308 the convicted, and their associates and families, thus making 309 the judicial assistants, and their spouses and children, targets 310 for acts of revenge. This risk continues after judicial 311 assistants complete their public service. Disgruntled 312 individuals may wait to commit an act of revenge until the 313 employment of a judicial assistant ends. If such identifying and 314 location information is released, the safety of current or 315 former judicial assistants and their spouses and children could 316 be seriously jeopardized. For these reasons, the Legislature 317 finds that it is a public necessity that such information be 318 made exempt from public records requirements. 319 Section 3. This act shall take effect July 1, 2020.