Florida Senate - 2020                                     SB 248
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00442-20                                            2020248__
    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 the personal identifying and
    5         location information of current and former county
    6         attorneys and assistant county attorneys and the names
    7         and personal identifying and location information of
    8         the spouses and children of such attorneys; providing
    9         a statement of public necessity; providing an
   10         effective date.
   11  
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1. For purposes of this paragraph, the term:
   21         a. “Home addresses” means the dwelling location at which an
   22  individual resides and includes the physical address, mailing
   23  address, street address, parcel identification number, plot
   24  identification number, legal property description, neighborhood
   25  name and lot number, GPS coordinates, and any other descriptive
   26  property information that may reveal the home address.
   27         b. “Telephone numbers” includes home telephone numbers,
   28  personal cellular telephone numbers, personal pager telephone
   29  numbers, and telephone numbers associated with personal
   30  communications devices.
   31         2.a. The home addresses, telephone numbers, dates of birth,
   32  and photographs of active or former sworn law enforcement
   33  personnel or of active or former civilian personnel employed by
   34  a law enforcement agency, including correctional and
   35  correctional probation officers, personnel of the Department of
   36  Children and Families whose duties include the investigation of
   37  abuse, neglect, exploitation, fraud, theft, or other criminal
   38  activities, personnel of the Department of Health whose duties
   39  are to support the investigation of child abuse or neglect, and
   40  personnel of the Department of Revenue or local governments
   41  whose responsibilities include revenue collection and
   42  enforcement or child support enforcement; the names, home
   43  addresses, telephone numbers, photographs, dates of birth, and
   44  places of employment of the spouses and children of such
   45  personnel; and the names and locations of schools and day care
   46  facilities attended by the children of such personnel are exempt
   47  from s. 119.07(1) and s. 24(a), Art. I of the State
   48  Constitution.
   49         b. The home addresses, telephone numbers, dates of birth,
   50  and photographs of current or former nonsworn investigative
   51  personnel of the Department of Financial Services whose duties
   52  include the investigation of fraud, theft, workers’ compensation
   53  coverage requirements and compliance, other related criminal
   54  activities, or state regulatory requirement violations; the
   55  names, home addresses, telephone numbers, dates of birth, and
   56  places of employment of the spouses and children of such
   57  personnel; and the names and locations of schools and day care
   58  facilities attended by the children of such personnel are exempt
   59  from s. 119.07(1) and s. 24(a), Art. I of the State
   60  Constitution.
   61         c. The home addresses, telephone numbers, dates of birth,
   62  and photographs of current or former nonsworn investigative
   63  personnel of the Office of Financial Regulation’s Bureau of
   64  Financial Investigations whose duties include the investigation
   65  of fraud, theft, other related criminal activities, or state
   66  regulatory requirement violations; the names, home addresses,
   67  telephone numbers, dates of birth, and places of employment of
   68  the spouses and children of such personnel; and the names and
   69  locations of schools and day care facilities attended by the
   70  children of such personnel are exempt from s. 119.07(1) and s.
   71  24(a), Art. I of the State Constitution.
   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.
   80         e. The home addresses, dates of birth, and telephone
   81  numbers of current or former justices of the Supreme Court,
   82  district court of appeal judges, circuit court judges, and
   83  county court judges; the names, home addresses, telephone
   84  numbers, dates of birth, and places of employment of the spouses
   85  and children of current or former justices and judges; and the
   86  names and locations of schools and day care facilities attended
   87  by the children of current or former justices and judges are
   88  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   89  Constitution.
   90         f. The home addresses, telephone numbers, dates of birth,
   91  and photographs of current or former state attorneys, assistant
   92  state attorneys, statewide prosecutors, or assistant statewide
   93  prosecutors; the names, home addresses, telephone numbers,
   94  photographs, dates of birth, and places of employment of the
   95  spouses and children of current or former state attorneys,
   96  assistant state attorneys, statewide prosecutors, or assistant
   97  statewide prosecutors; and the names and locations of schools
   98  and day care facilities attended by the children of current or
   99  former state attorneys, assistant state attorneys, statewide
  100  prosecutors, or assistant statewide prosecutors are exempt from
  101  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  102         g. The home addresses, dates of birth, and telephone
  103  numbers of general magistrates, special magistrates, judges of
  104  compensation claims, administrative law judges of the Division
  105  of Administrative Hearings, and child support enforcement
  106  hearing officers; the names, home addresses, telephone numbers,
  107  dates of birth, and places of employment of the spouses and
  108  children of general magistrates, special magistrates, judges of
  109  compensation claims, administrative law judges of the Division
  110  of Administrative Hearings, and child support enforcement
  111  hearing officers; and the names and locations of schools and day
  112  care facilities attended by the children of general magistrates,
  113  special magistrates, judges of compensation claims,
  114  administrative law judges of the Division of Administrative
  115  Hearings, and child support enforcement hearing officers are
  116  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  117  Constitution.
  118         h. The home addresses, telephone numbers, dates of birth,
  119  and photographs of current or former human resource, labor
  120  relations, or employee relations directors, assistant directors,
  121  managers, or assistant managers of any local government agency
  122  or water management district whose duties include hiring and
  123  firing employees, labor contract negotiation, administration, or
  124  other personnel-related duties; the names, home addresses,
  125  telephone numbers, dates of birth, and places of employment of
  126  the spouses and children of such personnel; and the names and
  127  locations of schools and day care facilities attended by the
  128  children of such personnel are exempt from s. 119.07(1) and s.
  129  24(a), Art. I of the State Constitution.
  130         i. The home addresses, telephone numbers, dates of birth,
  131  and photographs of current or former code enforcement officers;
  132  the names, home addresses, telephone numbers, dates of birth,
  133  and places of employment of the spouses and children of such
  134  personnel; and the names and locations of schools and day care
  135  facilities attended by the children of such personnel are exempt
  136  from s. 119.07(1) and s. 24(a), Art. I of the State
  137  Constitution.
  138         j. The home addresses, telephone numbers, places of
  139  employment, dates of birth, and photographs of current or former
  140  guardians ad litem, as defined in s. 39.820; the names, home
  141  addresses, telephone numbers, dates of birth, and places of
  142  employment of the spouses and children of such persons; and the
  143  names and locations of schools and day care facilities attended
  144  by the children of such persons are exempt from s. 119.07(1) and
  145  s. 24(a), Art. I of the State Constitution.
  146         k. The home addresses, telephone numbers, dates of birth,
  147  and photographs of current or former juvenile probation
  148  officers, juvenile probation supervisors, detention
  149  superintendents, assistant detention superintendents, juvenile
  150  justice detention officers I and II, juvenile justice detention
  151  officer supervisors, juvenile justice residential officers,
  152  juvenile justice residential officer supervisors I and II,
  153  juvenile justice counselors, juvenile justice counselor
  154  supervisors, human services counselor administrators, senior
  155  human services counselor administrators, rehabilitation
  156  therapists, and social services counselors of the Department of
  157  Juvenile Justice; the names, home addresses, telephone numbers,
  158  dates of birth, and places of employment of spouses and children
  159  of such personnel; and the names and locations of schools and
  160  day care facilities attended by the children of such personnel
  161  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  162  Constitution.
  163         l. The home addresses, telephone numbers, dates of birth,
  164  and photographs of current or former public defenders, assistant
  165  public defenders, criminal conflict and civil regional counsel,
  166  and assistant criminal conflict and civil regional counsel; the
  167  names, home addresses, telephone numbers, dates of birth, and
  168  places of employment of the spouses and children of current or
  169  former public defenders, assistant public defenders, criminal
  170  conflict and civil regional counsel, and assistant criminal
  171  conflict and civil regional counsel; and the names and locations
  172  of schools and day care facilities attended by the children of
  173  current or former public defenders, assistant public defenders,
  174  criminal conflict and civil regional counsel, and assistant
  175  criminal conflict and civil regional counsel are exempt from s.
  176  119.07(1) and s. 24(a), Art. I of the State Constitution.
  177         m. The home addresses, telephone numbers, dates of birth,
  178  and photographs of current or former investigators or inspectors
  179  of the Department of Business and Professional Regulation; the
  180  names, home addresses, telephone numbers, dates of birth, and
  181  places of employment of the spouses and children of such current
  182  or former investigators and inspectors; and the names and
  183  locations of schools and day care facilities attended by the
  184  children of such current or former investigators and inspectors
  185  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  186  Constitution.
  187         n. The home addresses, telephone numbers, and dates of
  188  birth of county tax collectors; the names, home addresses,
  189  telephone numbers, dates of birth, and places of employment of
  190  the spouses and children of such tax collectors; and the names
  191  and locations of schools and day care facilities attended by the
  192  children of such tax collectors are exempt from s. 119.07(1) and
  193  s. 24(a), Art. I of the State Constitution.
  194         o. The home addresses, telephone numbers, dates of birth,
  195  and photographs of current or former personnel of the Department
  196  of Health whose duties include, or result in, the determination
  197  or adjudication of eligibility for social security disability
  198  benefits, the investigation or prosecution of complaints filed
  199  against health care practitioners, or the inspection of health
  200  care practitioners or health care facilities licensed by the
  201  Department of Health; the names, home addresses, telephone
  202  numbers, dates of birth, and places of employment of the spouses
  203  and children of such personnel; and the names and locations of
  204  schools and day care facilities attended by the children of such
  205  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  206  the State Constitution.
  207         p. The home addresses, telephone numbers, dates of birth,
  208  and photographs of current or former impaired practitioner
  209  consultants who are retained by an agency or current or former
  210  employees of an impaired practitioner consultant whose duties
  211  result in a determination of a person’s skill and safety to
  212  practice a licensed profession; the names, home addresses,
  213  telephone numbers, dates of birth, and places of employment of
  214  the spouses and children of such consultants or their employees;
  215  and the names and locations of schools and day care facilities
  216  attended by the children of such consultants or employees are
  217  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  218  Constitution.
  219         q. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former emergency medical
  221  technicians or paramedics certified under chapter 401; the
  222  names, home addresses, telephone numbers, dates of birth, and
  223  places of employment of the spouses and children of such
  224  emergency medical technicians or paramedics; and the names and
  225  locations of schools and day care facilities attended by the
  226  children of such emergency medical technicians or paramedics are
  227  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  228  Constitution.
  229         r. The home addresses, telephone numbers, dates of birth,
  230  and photographs of current or former personnel employed in an
  231  agency’s office of inspector general or internal audit
  232  department whose duties include auditing or investigating waste,
  233  fraud, abuse, theft, exploitation, or other activities that
  234  could lead to criminal prosecution or administrative discipline;
  235  the names, home addresses, telephone numbers, dates of birth,
  236  and places of employment of spouses and children of such
  237  personnel; and the names and locations of schools and day care
  238  facilities attended by the children of such personnel are exempt
  239  from s. 119.07(1) and s. 24(a), Art. I of the State
  240  Constitution.
  241         s. The home addresses, telephone numbers, dates of birth,
  242  and photographs of current or former directors, managers,
  243  supervisors, nurses, and clinical employees of an addiction
  244  treatment facility; the home addresses, telephone numbers,
  245  photographs, dates of birth, and places of employment of the
  246  spouses and children of such personnel; and the names and
  247  locations of schools and day care facilities attended by the
  248  children of such personnel are exempt from s. 119.07(1) and s.
  249  24(a), Art. I of the State Constitution. For purposes of this
  250  sub-subparagraph, the term “addiction treatment facility” means
  251  a county government, or agency thereof, that is licensed
  252  pursuant to s. 397.401 and provides substance abuse prevention,
  253  intervention, or clinical treatment, including any licensed
  254  service component described in s. 397.311(26).
  255         t. The home addresses, telephone numbers, dates of birth,
  256  and photographs of current or former directors, managers,
  257  supervisors, and clinical employees of a child advocacy center
  258  that meets the standards of s. 39.3035(1) and fulfills the
  259  screening requirement of s. 39.3035(2), and the members of a
  260  Child Protection Team as described in s. 39.303 whose duties
  261  include supporting the investigation of child abuse or sexual
  262  abuse, child abandonment, child neglect, and child exploitation
  263  or to provide services as part of a multidisciplinary case
  264  review team; the names, home addresses, telephone numbers,
  265  photographs, dates of birth, and places of employment of the
  266  spouses and children of such personnel and members; and the
  267  names and locations of schools and day care facilities attended
  268  by the children of such personnel and members are exempt from s.
  269  119.07(1) and s. 24(a), Art. I of the State Constitution.
  270         u.The home addresses, telephone numbers, dates of birth,
  271  and photographs of current or former county attorneys or
  272  assistant county attorneys; the names, home addresses, telephone
  273  numbers, photographs, dates of birth, and places of employment
  274  of the spouses and children of current or former county
  275  attorneys or assistant county attorneys; and the names and
  276  locations of schools and day care facilities attended by the
  277  children of current or former county attorneys or assistant
  278  county attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
  279  I of the State Constitution.
  280         3. An agency that is the custodian of the information
  281  specified in subparagraph 2. and that is not the employer of the
  282  officer, employee, justice, judge, or other person specified in
  283  subparagraph 2. shall maintain the exempt status of that
  284  information only if the officer, employee, justice, judge, other
  285  person, or employing agency of the designated employee submits a
  286  written request for maintenance of the exemption to the
  287  custodial agency.
  288         4. An officer, an employee, a justice, a judge, or other
  289  person specified in subparagraph 2. may submit a written request
  290  for the release of his or her exempt information to the
  291  custodial agency. The written request must be notarized and must
  292  specify the information to be released and the party that is
  293  authorized to receive the information. Upon receipt of the
  294  written request, the custodial agency shall release the
  295  specified information to the party authorized to receive such
  296  information.
  297         5. The exemptions in this paragraph apply to information
  298  held by an agency before, on, or after the effective date of the
  299  exemption.
  300         6. This paragraph is subject to the Open Government Sunset
  301  Review Act in accordance with s. 119.15 and shall stand repealed
  302  on October 2, 2024, unless reviewed and saved from repeal
  303  through reenactment by the Legislature.
  304         Section 2. The Legislature finds that it is a public
  305  necessity that the home addresses, dates of birth, telephone
  306  numbers, and photographs of current or former county attorneys
  307  and assistant county attorneys be made exempt from s. 119.07(1),
  308  Florida Statutes, and s. 24(a), Article I of the State
  309  Constitution. The Legislature further finds that it is a public
  310  necessity that the names, home addresses, telephone numbers,
  311  photographs, dates of birth, and places of employment of the
  312  spouses and children, and the names and locations of schools and
  313  day care facilities attended by such children, of current or
  314  former county attorneys and assistant county attorneys be made
  315  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  316  Article I of the State Constitution. The Legislature finds that
  317  the release of such personal identifying and location
  318  information could place such persons in danger of being
  319  physically and emotionally harmed or stalked by a defendant or
  320  other person. The Legislature finds that the harm that may
  321  result from the release of such personal identifying and
  322  location information outweighs any public benefit that may be
  323  derived from the disclosure of the information.
  324         Section 3. This act shall take effect July 1, 2020.