Florida Senate - 2020 CS for SB 128 By the Committee on Governmental Oversight and Accountability; and Senator Wright 585-00859-20 2020128c1 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 retroactive application of the exemption; 8 providing a statement of public necessity; providing 9 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: 19 a. “Home addresses” means the dwelling location at which an 20 individual resides and includes the physical address, mailing 21 address, street address, parcel identification number, plot 22 identification number, legal property description, neighborhood 23 name and lot number, GPS coordinates, and any other descriptive 24 property information that may reveal the home address. 25 b. “Telephone numbers” includes home telephone numbers, 26 personal cellular telephone numbers, personal pager telephone 27 numbers, and telephone numbers associated with personal 28 communications devices. 29 2.a. The home addresses, telephone numbers, dates of birth, 30 and photographs of active or former sworn law enforcement 31 personnel or of active or former civilian personnel employed by 32 a law enforcement agency, including correctional and 33 correctional probation officers, personnel of the Department of 34 Children and Families whose duties include the investigation of 35 abuse, 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. 47 b. The home addresses, telephone numbers, dates of birth, 48 and photographs of current or former nonsworn investigative 49 personnel of the Department of Financial Services whose duties 50 include the investigation of fraud, theft, workers’ compensation 51 coverage requirements and compliance, other related criminal 52 activities, or state regulatory requirement violations; the 53 names, home addresses, telephone numbers, dates of birth, and 54 places of employment of the spouses and children of such 55 personnel; and the names and locations of schools and day care 56 facilities attended by the children of such personnel are exempt 57 from s. 119.07(1) and s. 24(a), Art. I of the State 58 Constitution. 59 c. The home addresses, telephone numbers, dates of birth, 60 and photographs of current or former nonsworn investigative 61 personnel of the Office of Financial Regulation’s Bureau of 62 Financial Investigations whose duties include the investigation 63 of fraud, theft, other related criminal activities, or state 64 regulatory requirement violations; the names, home addresses, 65 telephone numbers, dates of birth, and places of employment of 66 the spouses and children of such personnel; and the names and 67 locations of schools and day care facilities attended by the 68 children of such personnel are exempt from s. 119.07(1) and s. 69 24(a), Art. I of the State Constitution. 70 d. The home addresses, telephone numbers, dates of birth, 71 and photographs of current or former firefighters certified in 72 compliance with s. 633.408; the names, home addresses, telephone 73 numbers, photographs, dates of birth, and places of employment 74 of the spouses and children of such firefighters; and the names 75 and locations of schools and day care facilities attended by the 76 children of such firefighters are exempt from s. 119.07(1) and 77 s. 24(a), Art. I of the State Constitution. 78 e. The home addresses, dates of birth, and telephone 79 numbers of current or former justices of the Supreme Court, 80 district court of appeal judges, circuit court judges,and81 county court judges, and judicial assistants; the names, home 82 addresses, telephone numbers, dates of birth, and places of 83 employment of the spouses and children of current or former 84 justices,andjudges, and judicial assistants; and the names and 85 locations of schools and day care facilities attended by the 86 children of current or former justices,andjudges, and judicial 87 assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of 88 the State Constitution. 89 f. The home addresses, telephone numbers, dates of birth, 90 and photographs of current or former state attorneys, assistant 91 state attorneys, statewide prosecutors, or assistant statewide 92 prosecutors; the names, home addresses, telephone numbers, 93 photographs, dates of birth, and places of employment of the 94 spouses and children of current or former state attorneys, 95 assistant state attorneys, statewide prosecutors, or assistant 96 statewide prosecutors; and the names and locations of schools 97 and day care facilities attended by the children of current or 98 former state attorneys, assistant state attorneys, statewide 99 prosecutors, or assistant statewide prosecutors are exempt from 100 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 101 g. The home addresses, dates of birth, and telephone 102 numbers of general magistrates, special magistrates, judges of 103 compensation claims, administrative law judges of the Division 104 of Administrative Hearings, and child support enforcement 105 hearing officers; the names, home addresses, telephone numbers, 106 dates of birth, and places of employment of the spouses and 107 children of general magistrates, special magistrates, judges of 108 compensation claims, administrative law judges of the Division 109 of Administrative Hearings, and child support enforcement 110 hearing officers; and the names and locations of schools and day 111 care facilities attended by the children of general magistrates, 112 special magistrates, judges of compensation claims, 113 administrative law judges of the Division of Administrative 114 Hearings, and child support enforcement hearing officers are 115 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 116 Constitution. 117 h. The home addresses, telephone numbers, dates of birth, 118 and photographs of current or former human resource, labor 119 relations, or employee relations directors, assistant directors, 120 managers, or assistant managers of any local government agency 121 or water management district whose duties include hiring and 122 firing employees, labor contract negotiation, administration, or 123 other personnel-related duties; the names, home addresses, 124 telephone numbers, dates of birth, and places of employment of 125 the spouses and children of such personnel; and the names and 126 locations of schools and day care facilities attended by the 127 children of such personnel are exempt from s. 119.07(1) and s. 128 24(a), Art. I of the State Constitution. 129 i. The home addresses, telephone numbers, dates of birth, 130 and photographs of current or former code enforcement officers; 131 the names, home addresses, telephone numbers, dates of birth, 132 and places of employment of the spouses and children of such 133 personnel; and the names and locations of schools and day care 134 facilities attended by the children of such personnel are exempt 135 from s. 119.07(1) and s. 24(a), Art. I of the State 136 Constitution. 137 j. The home addresses, telephone numbers, places of 138 employment, dates of birth, and photographs of current or former 139 guardians ad litem, as defined in s. 39.820; the names, home 140 addresses, telephone numbers, dates of birth, and places of 141 employment of the spouses and children of such persons; and the 142 names and locations of schools and day care facilities attended 143 by the children of such persons are exempt from s. 119.07(1) and 144 s. 24(a), Art. I of the State Constitution. 145 k. The home addresses, telephone numbers, dates of birth, 146 and photographs of current or former juvenile probation 147 officers, juvenile probation supervisors, detention 148 superintendents, assistant detention superintendents, juvenile 149 justice detention officers I and II, juvenile justice detention 150 officer supervisors, juvenile justice residential officers, 151 juvenile justice residential officer supervisors I and II, 152 juvenile justice counselors, juvenile justice counselor 153 supervisors, human services counselor administrators, senior 154 human services counselor administrators, rehabilitation 155 therapists, and social services counselors of the Department of 156 Juvenile Justice; the names, home addresses, telephone numbers, 157 dates of birth, and places of employment of spouses and children 158 of such personnel; and the names and locations of schools and 159 day care facilities attended by the children of such personnel 160 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 161 Constitution. 162 l. The home addresses, telephone numbers, dates of birth, 163 and photographs of current or former public defenders, assistant 164 public defenders, criminal conflict and civil regional counsel, 165 and assistant criminal conflict and civil regional counsel; the 166 names, home addresses, telephone numbers, dates of birth, and 167 places of employment of the spouses and children of current or 168 former public defenders, assistant public defenders, criminal 169 conflict and civil regional counsel, and assistant criminal 170 conflict and civil regional counsel; and the names and locations 171 of schools and day care facilities attended by the children of 172 current or former public defenders, assistant public defenders, 173 criminal conflict and civil regional counsel, and assistant 174 criminal conflict and civil regional counsel are exempt from s. 175 119.07(1) and s. 24(a), Art. I of the State Constitution. 176 m. The home addresses, telephone numbers, dates of birth, 177 and photographs of current or former investigators or inspectors 178 of the Department of Business and Professional Regulation; the 179 names, home addresses, telephone numbers, dates of birth, and 180 places of employment of the spouses and children of such current 181 or former investigators and inspectors; and the names and 182 locations of schools and day care facilities attended by the 183 children of such current or former investigators and inspectors 184 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 185 Constitution. 186 n. The home addresses, telephone numbers, and dates of 187 birth of county tax collectors; the names, home addresses, 188 telephone numbers, dates of birth, and places of employment of 189 the spouses and children of such tax collectors; and the names 190 and locations of schools and day care facilities attended by the 191 children of such tax collectors are exempt from s. 119.07(1) and 192 s. 24(a), Art. I of the State Constitution. 193 o. The home addresses, telephone numbers, dates of birth, 194 and photographs of current or former personnel of the Department 195 of Health whose duties include, or result in, the determination 196 or adjudication of eligibility for social security disability 197 benefits, the investigation or prosecution of complaints filed 198 against health care practitioners, or the inspection of health 199 care practitioners or health care facilities licensed by the 200 Department of Health; the names, home addresses, telephone 201 numbers, dates of birth, and places of employment of the spouses 202 and children of such personnel; and the names and locations of 203 schools and day care facilities attended by the children of such 204 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 205 the State Constitution. 206 p. The home addresses, telephone numbers, dates of birth, 207 and photographs of current or former impaired practitioner 208 consultants who are retained by an agency or current or former 209 employees of an impaired practitioner consultant whose duties 210 result in a determination of a person’s skill and safety to 211 practice a licensed profession; the names, home addresses, 212 telephone numbers, dates of birth, and places of employment of 213 the spouses and children of such consultants or their employees; 214 and the names and locations of schools and day care facilities 215 attended by the children of such consultants or employees are 216 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 217 Constitution. 218 q. The home addresses, telephone numbers, dates of birth, 219 and photographs of current or former emergency medical 220 technicians or paramedics certified under chapter 401; the 221 names, home addresses, telephone numbers, dates of birth, and 222 places of employment of the spouses and children of such 223 emergency medical technicians or paramedics; and the names and 224 locations of schools and day care facilities attended by the 225 children of such emergency medical technicians or paramedics are 226 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 227 Constitution. 228 r. The home addresses, telephone numbers, dates of birth, 229 and photographs of current or former personnel employed in an 230 agency’s office of inspector general or internal audit 231 department whose duties include auditing or investigating waste, 232 fraud, abuse, theft, exploitation, or other activities that 233 could lead to criminal prosecution or administrative discipline; 234 the names, home addresses, telephone numbers, dates of birth, 235 and places of employment of spouses and children of such 236 personnel; and the names and locations of schools and day care 237 facilities attended by the children of such personnel are exempt 238 from s. 119.07(1) and s. 24(a), Art. I of the State 239 Constitution. 240 s. The home addresses, telephone numbers, dates of birth, 241 and photographs of current or former directors, managers, 242 supervisors, nurses, and clinical employees of an addiction 243 treatment facility; the home addresses, telephone numbers, 244 photographs, dates of birth, and places of employment of the 245 spouses and children of such personnel; and the names and 246 locations of schools and day care facilities attended by the 247 children of such personnel are exempt from s. 119.07(1) and s. 248 24(a), Art. I of the State Constitution. For purposes of this 249 sub-subparagraph, the term “addiction treatment facility” means 250 a county government, or agency thereof, that is licensed 251 pursuant to s. 397.401 and provides substance abuse prevention, 252 intervention, or clinical treatment, including any licensed 253 service component described in s. 397.311(26). 254 t. The home addresses, telephone numbers, dates of birth, 255 and photographs of current or former directors, managers, 256 supervisors, and clinical employees of a child advocacy center 257 that meets the standards of s. 39.3035(1) and fulfills the 258 screening requirement of s. 39.3035(2), and the members of a 259 Child Protection Team as described in s. 39.303 whose duties 260 include supporting the investigation of child abuse or sexual 261 abuse, child abandonment, child neglect, and child exploitation 262 or to provide services as part of a multidisciplinary case 263 review team; the names, home addresses, telephone numbers, 264 photographs, dates of birth, and places of employment of the 265 spouses and children of such personnel and members; and the 266 names and locations of schools and day care facilities attended 267 by the children of such personnel and members are exempt from s. 268 119.07(1) and s. 24(a), Art. I of the State Constitution. 269 3. An agency that is the custodian of the information 270 specified in subparagraph 2. and that is not the employer of the 271 officer, employee, justice, judge, or other person specified in 272 subparagraph 2. shall maintain the exempt status of that 273 information only if the officer, employee, justice, judge, other 274 person, or employing agency of the designated employee submits a 275 written request for maintenance of the exemption to the 276 custodial agency. 277 4. An officer, an employee, a justice, a judge, or other 278 person specified in subparagraph 2. may submit a written request 279 for the release of his or her exempt information to the 280 custodial agency. The written request must be notarized and must 281 specify the information to be released and the party that is 282 authorized to receive the information. Upon receipt of the 283 written request, the custodial agency shall release the 284 specified information to the party authorized to receive such 285 information. 286 5. The exemptions in this paragraph apply to information 287 held by an agency before, on, or after the effective date of the 288 exemption. 289 6. This paragraph is subject to the Open Government Sunset 290 Review Act in accordance with s. 119.15 and shall stand repealed 291 on October 2, 2024, unless reviewed and saved from repeal 292 through reenactment by the Legislature. 293 Section 2. The Legislature finds that it is a public 294 necessity that the home addresses, dates of birth, and telephone 295 numbers of current or former judicial assistants; the names, 296 home addresses, telephone numbers, dates of birth, and places of 297 employment of the spouses and children of such judicial 298 assistants; and the names and locations of schools and day care 299 facilities attended by the children of such judicial assistants 300 be made exempt from s. 119.07(1), Florida Statutes, and s. 301 24(a), Article I of the State Constitution. Such identifying and 302 location information can be used as a tool to perpetuate fraud 303 against an individual and to acquire sensitive personal, 304 financial, medical, and familial information, the release of 305 which could cause great financial harm to the individual. In the 306 course of assisting in making rulings, entering judgments, 307 imposing sentences, or reviewing cases, judicial assistants 308 frequently do not create good will with litigants, the accused, 309 the convicted, and their associates and families, thus making 310 the judicial assistants, and their spouses and children, targets 311 for acts of revenge. This risk continues after judicial 312 assistants complete their public service. Disgruntled 313 individuals may wait to commit an act of revenge until the 314 employment of a judicial assistant ends. If such identifying and 315 location information is released, the safety of current or 316 former judicial assistants and their spouses and children could 317 be seriously jeopardized. For these reasons, the Legislature 318 finds that it is a public necessity that such information be 319 made exempt from public records requirements. 320 Section 3. This act shall take effect July 1, 2020.