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.