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.