Florida Senate - 2020                                     SB 872
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00239A-20                                            2020872__
    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
    6         commissioners and specified commission personnel of
    7         the Florida Commission on Offender Review and the
    8         names and personal identifying and location
    9         information of the spouses and children of such
   10         personnel; providing for future review and repeal of
   11         the exemption; providing an exemption from public
   12         records requirements for the personal identifying and
   13         location information of school administrators and the
   14         names and personal identifying and location
   15         information of the spouses and children of school
   16         administrators; providing for future review and repeal
   17         of the exemption; providing statements of public
   18         necessity; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) of subsection (4) of section
   23  119.071, Florida Statutes, is amended to read:
   24         119.071 General exemptions from inspection or copying of
   25  public records.—
   26         (4) AGENCY PERSONNEL INFORMATION.—
   27         (d)1. For purposes of this paragraph, the term:
   28         a. “Home addresses” means the dwelling location at which an
   29  individual resides and includes the physical address, mailing
   30  address, street address, parcel identification number, plot
   31  identification number, legal property description, neighborhood
   32  name and lot number, GPS coordinates, and any other descriptive
   33  property information that may reveal the home address.
   34         b. “Telephone numbers” includes home telephone numbers,
   35  personal cellular telephone numbers, personal pager telephone
   36  numbers, and telephone numbers associated with personal
   37  communications devices.
   38         2.a. The home addresses, telephone numbers, dates of birth,
   39  and photographs of active or former sworn law enforcement
   40  personnel or of active or former civilian personnel employed by
   41  a law enforcement agency, including correctional and
   42  correctional probation officers, personnel of the Department of
   43  Children and Families whose duties include the investigation of
   44  abuse, neglect, exploitation, fraud, theft, or other criminal
   45  activities, personnel of the Department of Health whose duties
   46  are to support the investigation of child abuse or neglect, and
   47  personnel of the Department of Revenue or local governments
   48  whose responsibilities include revenue collection and
   49  enforcement or child support enforcement; the names, home
   50  addresses, telephone numbers, photographs, dates of birth, and
   51  places of employment of the spouses and children of such
   52  personnel; and the names and locations of schools and day care
   53  facilities attended by the children of such personnel are exempt
   54  from s. 119.07(1) and s. 24(a), Art. I of the State
   55  Constitution.
   56         b. The home addresses, telephone numbers, dates of birth,
   57  and photographs of current or former nonsworn investigative
   58  personnel of the Department of Financial Services whose duties
   59  include the investigation of fraud, theft, workers’ compensation
   60  coverage requirements and compliance, other related criminal
   61  activities, or state regulatory requirement violations; the
   62  names, home addresses, telephone numbers, dates of birth, and
   63  places of employment of the spouses and children of such
   64  personnel; and the names and locations of schools and day care
   65  facilities attended by the children of such personnel are exempt
   66  from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution.
   68         c. The home addresses, telephone numbers, dates of birth,
   69  and photographs of current or former nonsworn investigative
   70  personnel of the Office of Financial Regulation’s Bureau of
   71  Financial Investigations whose duties include the investigation
   72  of fraud, theft, other related criminal activities, or state
   73  regulatory requirement violations; the names, home addresses,
   74  telephone numbers, dates of birth, and places of employment of
   75  the spouses and children of such personnel; and the names and
   76  locations of schools and day care facilities attended by the
   77  children of such personnel are exempt from s. 119.07(1) and s.
   78  24(a), Art. I of the State Constitution.
   79         d. The home addresses, telephone numbers, dates of birth,
   80  and photographs of current or former firefighters certified in
   81  compliance with s. 633.408; the names, home addresses, telephone
   82  numbers, photographs, dates of birth, and places of employment
   83  of the spouses and children of such firefighters; and the names
   84  and locations of schools and day care facilities attended by the
   85  children of such firefighters are exempt from s. 119.07(1) and
   86  s. 24(a), Art. I of the State Constitution.
   87         e. The home addresses, dates of birth, and telephone
   88  numbers of current or former justices of the Supreme Court,
   89  district court of appeal judges, circuit court judges, and
   90  county court judges; the names, home addresses, telephone
   91  numbers, dates of birth, and places of employment of the spouses
   92  and children of current or former justices and judges; and the
   93  names and locations of schools and day care facilities attended
   94  by the children of current or former justices and judges are
   95  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   96  Constitution.
   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.
  125         h. The home addresses, telephone numbers, dates of birth,
  126  and photographs of current or former human resource, labor
  127  relations, or employee relations directors, assistant directors,
  128  managers, or assistant managers of any local government agency
  129  or water management district whose duties include hiring and
  130  firing employees, labor contract negotiation, administration, or
  131  other personnel-related duties; the names, home addresses,
  132  telephone numbers, dates of birth, and places of employment of
  133  the spouses and children of such personnel; and the names and
  134  locations of schools and day care facilities attended by the
  135  children of such personnel are exempt from s. 119.07(1) and s.
  136  24(a), Art. I of the State Constitution.
  137         i. The home addresses, telephone numbers, dates of birth,
  138  and photographs of current or former code enforcement officers;
  139  the names, home addresses, telephone numbers, dates of birth,
  140  and places of employment of the spouses and children of such
  141  personnel; and the names and locations of schools and day care
  142  facilities attended by the children of such personnel are exempt
  143  from s. 119.07(1) and s. 24(a), Art. I of the State
  144  Constitution.
  145         j. The home addresses, telephone numbers, places of
  146  employment, dates of birth, and photographs of current or former
  147  guardians ad litem, as defined in s. 39.820; the names, home
  148  addresses, telephone numbers, dates of birth, and places of
  149  employment of the spouses and children of such persons; and the
  150  names and locations of schools and day care facilities attended
  151  by the children of such persons are exempt from s. 119.07(1) and
  152  s. 24(a), Art. I of the State Constitution.
  153         k. The home addresses, telephone numbers, dates of birth,
  154  and photographs of current or former juvenile probation
  155  officers, juvenile probation supervisors, detention
  156  superintendents, assistant detention superintendents, juvenile
  157  justice detention officers I and II, juvenile justice detention
  158  officer supervisors, juvenile justice residential officers,
  159  juvenile justice residential officer supervisors I and II,
  160  juvenile justice counselors, juvenile justice counselor
  161  supervisors, human services counselor administrators, senior
  162  human services counselor administrators, rehabilitation
  163  therapists, and social services counselors of the Department of
  164  Juvenile Justice; the names, home addresses, telephone numbers,
  165  dates of birth, and places of employment of spouses and children
  166  of such personnel; and the names and locations of schools and
  167  day care facilities attended by the children of such personnel
  168  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  169  Constitution.
  170         l. The home addresses, telephone numbers, dates of birth,
  171  and photographs of current or former public defenders, assistant
  172  public defenders, criminal conflict and civil regional counsel,
  173  and assistant criminal conflict and civil regional counsel; the
  174  names, home addresses, telephone numbers, dates of birth, and
  175  places of employment of the spouses and children of current or
  176  former public defenders, assistant public defenders, criminal
  177  conflict and civil regional counsel, and assistant criminal
  178  conflict and civil regional counsel; and the names and locations
  179  of schools and day care facilities attended by the children of
  180  current or former public defenders, assistant public defenders,
  181  criminal conflict and civil regional counsel, and assistant
  182  criminal conflict and civil regional counsel are exempt from s.
  183  119.07(1) and s. 24(a), Art. I of the State Constitution.
  184         m. The home addresses, telephone numbers, dates of birth,
  185  and photographs of current or former investigators or inspectors
  186  of the Department of Business and Professional Regulation; the
  187  names, home addresses, telephone numbers, dates of birth, and
  188  places of employment of the spouses and children of such current
  189  or former investigators and inspectors; and the names and
  190  locations of schools and day care facilities attended by the
  191  children of such current or former investigators and inspectors
  192  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  193  Constitution.
  194         n. The home addresses, telephone numbers, and dates of
  195  birth of county tax collectors; the names, home addresses,
  196  telephone numbers, dates of birth, and places of employment of
  197  the spouses and children of such tax collectors; and the names
  198  and locations of schools and day care facilities attended by the
  199  children of such tax collectors are exempt from s. 119.07(1) and
  200  s. 24(a), Art. I of the State Constitution.
  201         o. The home addresses, telephone numbers, dates of birth,
  202  and photographs of current or former personnel of the Department
  203  of Health whose duties include, or result in, the determination
  204  or adjudication of eligibility for social security disability
  205  benefits, the investigation or prosecution of complaints filed
  206  against health care practitioners, or the inspection of health
  207  care practitioners or health care facilities licensed by the
  208  Department of Health; the names, home addresses, telephone
  209  numbers, dates of birth, and places of employment of the spouses
  210  and children of such personnel; and the names and locations of
  211  schools and day care facilities attended by the children of such
  212  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  213  the State Constitution.
  214         p. The home addresses, telephone numbers, dates of birth,
  215  and photographs of current or former impaired practitioner
  216  consultants who are retained by an agency or current or former
  217  employees of an impaired practitioner consultant whose duties
  218  result in a determination of a person’s skill and safety to
  219  practice a licensed profession; the names, home addresses,
  220  telephone numbers, dates of birth, and places of employment of
  221  the spouses and children of such consultants or their employees;
  222  and the names and locations of schools and day care facilities
  223  attended by the children of such consultants or employees are
  224  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  225  Constitution.
  226         q. The home addresses, telephone numbers, dates of birth,
  227  and photographs of current or former emergency medical
  228  technicians or paramedics certified under chapter 401; the
  229  names, home addresses, telephone numbers, dates of birth, and
  230  places of employment of the spouses and children of such
  231  emergency medical technicians or paramedics; and the names and
  232  locations of schools and day care facilities attended by the
  233  children of such emergency medical technicians or paramedics are
  234  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  235  Constitution.
  236         r. The home addresses, telephone numbers, dates of birth,
  237  and photographs of current or former personnel employed in an
  238  agency’s office of inspector general or internal audit
  239  department whose duties include auditing or investigating waste,
  240  fraud, abuse, theft, exploitation, or other activities that
  241  could lead to criminal prosecution or administrative discipline;
  242  the names, home addresses, telephone numbers, dates of birth,
  243  and places of employment of spouses and children of such
  244  personnel; and the names and locations of schools and day care
  245  facilities attended by the children of such personnel are exempt
  246  from s. 119.07(1) and s. 24(a), Art. I of the State
  247  Constitution.
  248         s. The home addresses, telephone numbers, dates of birth,
  249  and photographs of current or former directors, managers,
  250  supervisors, nurses, and clinical employees of an addiction
  251  treatment facility; the home addresses, telephone numbers,
  252  photographs, dates of birth, and places of employment of the
  253  spouses and children of such personnel; and the names and
  254  locations of schools and day care facilities attended by the
  255  children of such personnel are exempt from s. 119.07(1) and s.
  256  24(a), Art. I of the State Constitution. For purposes of this
  257  sub-subparagraph, the term “addiction treatment facility” means
  258  a county government, or agency thereof, that is licensed
  259  pursuant to s. 397.401 and provides substance abuse prevention,
  260  intervention, or clinical treatment, including any licensed
  261  service component described in s. 397.311(26).
  262         t. The home addresses, telephone numbers, dates of birth,
  263  and photographs of current or former directors, managers,
  264  supervisors, and clinical employees of a child advocacy center
  265  that meets the standards of s. 39.3035(1) and fulfills the
  266  screening requirement of s. 39.3035(2), and the members of a
  267  Child Protection Team as described in s. 39.303 whose duties
  268  include supporting the investigation of child abuse or sexual
  269  abuse, child abandonment, child neglect, and child exploitation
  270  or to provide services as part of a multidisciplinary case
  271  review team; the names, home addresses, telephone numbers,
  272  photographs, dates of birth, and places of employment of the
  273  spouses and children of such personnel and members; and the
  274  names and locations of schools and day care facilities attended
  275  by the children of such personnel and members are exempt from s.
  276  119.07(1) and s. 24(a), Art. I of the State Constitution.
  277         u. The home addresses, telephone numbers, dates of birth,
  278  and photographs of current or former commissioners of the
  279  Florida Commission on Offender Review or commission personnel
  280  whose duties include making a final decision on, holding a
  281  hearing for, or investigating a violation of post-incarceration
  282  supervised release; the names, home addresses, telephone
  283  numbers, dates of birth, photographs, and places of employment
  284  of the spouses and children of such current or former
  285  commissioners and commission personnel; and the names and
  286  locations of schools and day care facilities attended by the
  287  children of such current or former commissioners and commission
  288  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  289  the State Constitution. This sub-subparagraph is subject to the
  290  Open Government Sunset Review Act in accordance with s. 119.15
  291  and shall stand repealed on October 2, 2025, unless reviewed and
  292  saved from repeal through reenactment by the Legislature.
  293         v.The home addresses, telephone numbers, and dates of
  294  birth of school administrators as described in s. 1012.01(3)(c);
  295  the names, home addresses, telephone numbers, dates of birth,
  296  and places of employment of the spouses and children of school
  297  administrators; and the names and locations of schools and day
  298  care facilities attended by the children of school
  299  administrators are exempt from s. 119.07(1) and s. 24(a), Art. I
  300  of the State Constitution. This sub-subparagraph is subject to
  301  the Open Government Sunset Review Act in accordance with s.
  302  119.15 and shall stand repealed on October 2, 2025, unless
  303  reviewed and saved from repeal through reenactment by the
  304  Legislature.
  305         3. An agency that is the custodian of the information
  306  specified in subparagraph 2. and that is not the employer of the
  307  officer, employee, justice, judge, or other person specified in
  308  subparagraph 2. shall maintain the exempt status of that
  309  information only if the officer, employee, justice, judge, other
  310  person, or employing agency of the designated employee submits a
  311  written request for maintenance of the exemption to the
  312  custodial agency.
  313         4. An officer, an employee, a justice, a judge, or other
  314  person specified in subparagraph 2. may submit a written request
  315  for the release of his or her exempt information to the
  316  custodial agency. The written request must be notarized and must
  317  specify the information to be released and the party that is
  318  authorized to receive the information. Upon receipt of the
  319  written request, the custodial agency shall release the
  320  specified information to the party authorized to receive such
  321  information.
  322         5. 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         6. This paragraph is subject to the Open Government Sunset
  326  Review Act in accordance with s. 119.15 and shall stand repealed
  327  on October 2, 2024, unless reviewed and saved from repeal
  328  through reenactment by the Legislature.
  329         Section 2. (1)(a)The Legislature finds that it is a public
  330  necessity to exempt from public records requirements the home
  331  addresses, telephone numbers, dates of birth, and photographs of
  332  current or former commissioners of the Florida Commission on
  333  Offender Review and commission personnel whose duties include
  334  making a final decision on, holding a hearing for, or
  335  investigating a violation of post-incarceration supervised
  336  release; the names, home addresses, telephone numbers, dates of
  337  birth, photographs, and places of employment of the spouses and
  338  children of such current or former commissioners and commission
  339  personnel; and the names and locations of schools and day care
  340  facilities attended by the children of such current or former
  341  commissioners and commission personnel.
  342         (b) The efforts of commissioners and commission personnel
  343  can have a direct effect on which persons are placed on parole
  344  or released on conditional medical release; on the terms and
  345  conditions of those persons released on parole, conditional
  346  release, conditional medical release, or addiction recovery
  347  supervision; and on the determination of whether a releasee has
  348  violated the terms of his or her parole. The Legislature finds
  349  that the release of such personal identifying information and
  350  location information might place these personnel of the Florida
  351  Commission on Offender Review and their family members in danger
  352  of physical and emotional harm by disgruntled individuals who
  353  react contentiously to actions taken by such personnel. The
  354  Legislature further finds that the harm that may result from the
  355  release of such personal identifying and location information
  356  outweighs any public benefit that may be derived from the
  357  disclosure of such information.
  358         (2)(a)The Legislature finds that it is a public necessity
  359  to exempt from public records requirements the home addresses,
  360  telephone numbers, and dates of birth of school administrators;
  361  the names, home addresses, telephone numbers, dates of birth,
  362  and the places of employment of the spouses and children of
  363  school administrators; and the names and locations of schools
  364  and day care facilities attended by the children of school
  365  administrators.
  366         (b)School administrators are charged with making decisions
  367  related to the discipline, suspension, or expulsion of students;
  368  reporting the presence of illicit substances on campus;
  369  reporting attendance issues that may result in the suspension of
  370  a student’s driving privileges; and sanctions against the
  371  parents of truant students. The efforts of school administrators
  372  affect the academic placement of students, their promotion
  373  between grades, and their graduation. Such efforts include the
  374  reporting of students’ absences, incidents of misbehavior, and
  375  students’ academic achievements to the district superintendent.
  376  The efforts of school administrators also affect the employment
  377  of school personnel and can result in the transfer or suspension
  378  of employees. The Legislature finds that the release of such
  379  personal identifying information and location information might
  380  place these school administrators and their family members in
  381  danger of physical and emotional harm by disgruntled individuals
  382  who react contentiously to actions taken by such personnel. The
  383  Legislature further finds that the harm that may result from the
  384  release of such personal identifying and location information
  385  outweighs any public benefit that may be derived from the
  386  disclosure of such information.
  387         Section 3. This act shall take effect upon becoming a law.