Florida Senate - 2020                       CS for CS for SB 872
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Perry
       
       
       
       
       585-03767-20                                           2020872c2
    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 retroactive application;
   11         providing for future review and repeal of the
   12         exemption; providing a statement of public necessity;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (4) of section
   18  119.071, Florida Statutes, is amended to read:
   19         119.071 General exemptions from inspection or copying of
   20  public records.—
   21         (4) AGENCY PERSONNEL INFORMATION.—
   22         (d)1. For purposes of this paragraph, the term:
   23         a. “Home addresses” means the dwelling location at which an
   24  individual resides and includes the physical address, mailing
   25  address, street address, parcel identification number, plot
   26  identification number, legal property description, neighborhood
   27  name and lot number, GPS coordinates, and any other descriptive
   28  property information that may reveal the home address.
   29         b. “Telephone numbers” includes home telephone numbers,
   30  personal cellular telephone numbers, personal pager telephone
   31  numbers, and telephone numbers associated with personal
   32  communications devices.
   33         2.a. The home addresses, telephone numbers, dates of birth,
   34  and photographs of active or former sworn law enforcement
   35  personnel or of active or former civilian personnel employed by
   36  a law enforcement agency, including correctional and
   37  correctional probation officers, personnel of the Department of
   38  Children and Families whose duties include the investigation of
   39  abuse, neglect, exploitation, fraud, theft, or other criminal
   40  activities, personnel of the Department of Health whose duties
   41  are to support the investigation of child abuse or neglect, and
   42  personnel of the Department of Revenue or local governments
   43  whose responsibilities include revenue collection and
   44  enforcement or child support enforcement; the names, home
   45  addresses, telephone numbers, photographs, dates of birth, and
   46  places of employment of the spouses and children of such
   47  personnel; and the names and locations of schools and day care
   48  facilities attended by the children of such personnel are exempt
   49  from s. 119.07(1) and s. 24(a), Art. I of the State
   50  Constitution.
   51         b. The home addresses, telephone numbers, dates of birth,
   52  and photographs of current or former nonsworn investigative
   53  personnel of the Department of Financial Services whose duties
   54  include the investigation of fraud, theft, workers’ compensation
   55  coverage requirements and compliance, other related criminal
   56  activities, or state regulatory requirement violations; the
   57  names, home addresses, telephone numbers, dates of birth, and
   58  places of employment of the spouses and children of such
   59  personnel; and the names and locations of schools and day care
   60  facilities attended by the children of such personnel are exempt
   61  from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution.
   63         c. The home addresses, telephone numbers, dates of birth,
   64  and photographs of current or former nonsworn investigative
   65  personnel of the Office of Financial Regulation’s Bureau of
   66  Financial Investigations whose duties include the investigation
   67  of fraud, theft, other related criminal activities, or state
   68  regulatory requirement violations; the names, home addresses,
   69  telephone numbers, dates of birth, and places of employment of
   70  the spouses and children of such personnel; and the names and
   71  locations of schools and day care facilities attended by the
   72  children of such personnel are exempt from s. 119.07(1) and s.
   73  24(a), Art. I of the State Constitution.
   74         d. The home addresses, telephone numbers, dates of birth,
   75  and photographs of current or former firefighters certified in
   76  compliance with s. 633.408; the names, home addresses, telephone
   77  numbers, photographs, dates of birth, and places of employment
   78  of the spouses and children of such firefighters; and the names
   79  and locations of schools and day care facilities attended by the
   80  children of such firefighters are exempt from s. 119.07(1) and
   81  s. 24(a), Art. I of the State Constitution.
   82         e. The home addresses, dates of birth, and telephone
   83  numbers of current or former justices of the Supreme Court,
   84  district court of appeal judges, circuit court judges, and
   85  county court judges; the names, home addresses, telephone
   86  numbers, dates of birth, and places of employment of the spouses
   87  and children of current or former justices and judges; and the
   88  names and locations of schools and day care facilities attended
   89  by the children of current or former justices and judges are
   90  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   91  Constitution.
   92         f. The home addresses, telephone numbers, dates of birth,
   93  and photographs of current or former state attorneys, assistant
   94  state attorneys, statewide prosecutors, or assistant statewide
   95  prosecutors; the names, home addresses, telephone numbers,
   96  photographs, dates of birth, and places of employment of the
   97  spouses and children of current or former state attorneys,
   98  assistant state attorneys, statewide prosecutors, or assistant
   99  statewide prosecutors; and the names and locations of schools
  100  and day care facilities attended by the children of current or
  101  former state attorneys, assistant state attorneys, statewide
  102  prosecutors, or assistant statewide prosecutors are exempt from
  103  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  104         g. The home addresses, dates of birth, and telephone
  105  numbers of general magistrates, special magistrates, judges of
  106  compensation claims, administrative law judges of the Division
  107  of Administrative Hearings, and child support enforcement
  108  hearing officers; the names, home addresses, telephone numbers,
  109  dates of birth, and places of employment of the spouses and
  110  children 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; and the names and locations of schools and day
  114  care facilities attended by the children of general magistrates,
  115  special magistrates, judges of compensation claims,
  116  administrative law judges of the Division of Administrative
  117  Hearings, and child support enforcement hearing officers are
  118  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  119  Constitution.
  120         h. The home addresses, telephone numbers, dates of birth,
  121  and photographs of current or former human resource, labor
  122  relations, or employee relations directors, assistant directors,
  123  managers, or assistant managers of any local government agency
  124  or water management district whose duties include hiring and
  125  firing employees, labor contract negotiation, administration, or
  126  other personnel-related duties; the names, home addresses,
  127  telephone numbers, dates of birth, and places of employment of
  128  the spouses and children of such personnel; and the names and
  129  locations of schools and day care facilities attended by the
  130  children of such personnel are exempt from s. 119.07(1) and s.
  131  24(a), Art. I of the State Constitution.
  132         i. The home addresses, telephone numbers, dates of birth,
  133  and photographs of current or former code enforcement officers;
  134  the names, home addresses, telephone numbers, dates of birth,
  135  and places of employment of the spouses and children of such
  136  personnel; and the names and locations of schools and day care
  137  facilities attended by the children of such personnel are exempt
  138  from s. 119.07(1) and s. 24(a), Art. I of the State
  139  Constitution.
  140         j. The home addresses, telephone numbers, places of
  141  employment, dates of birth, and photographs of current or former
  142  guardians ad litem, as defined in s. 39.820; the names, home
  143  addresses, telephone numbers, dates of birth, and places of
  144  employment of the spouses and children of such persons; and the
  145  names and locations of schools and day care facilities attended
  146  by the children of such persons are exempt from s. 119.07(1) and
  147  s. 24(a), Art. I of the State Constitution.
  148         k. The home addresses, telephone numbers, dates of birth,
  149  and photographs of current or former juvenile probation
  150  officers, juvenile probation supervisors, detention
  151  superintendents, assistant detention superintendents, juvenile
  152  justice detention officers I and II, juvenile justice detention
  153  officer supervisors, juvenile justice residential officers,
  154  juvenile justice residential officer supervisors I and II,
  155  juvenile justice counselors, juvenile justice counselor
  156  supervisors, human services counselor administrators, senior
  157  human services counselor administrators, rehabilitation
  158  therapists, and social services counselors of the Department of
  159  Juvenile Justice; the names, home addresses, telephone numbers,
  160  dates of birth, and places of employment of spouses and children
  161  of such personnel; and the names and locations of schools and
  162  day care facilities attended by the children of such personnel
  163  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  164  Constitution.
  165         l. The home addresses, telephone numbers, dates of birth,
  166  and photographs of current or former public defenders, assistant
  167  public defenders, criminal conflict and civil regional counsel,
  168  and assistant criminal conflict and civil regional counsel; the
  169  names, home addresses, telephone numbers, dates of birth, and
  170  places of employment of the spouses and children of current or
  171  former public defenders, assistant public defenders, criminal
  172  conflict and civil regional counsel, and assistant criminal
  173  conflict and civil regional counsel; and the names and locations
  174  of schools and day care facilities attended by the children of
  175  current or former public defenders, assistant public defenders,
  176  criminal conflict and civil regional counsel, and assistant
  177  criminal conflict and civil regional counsel are exempt from s.
  178  119.07(1) and s. 24(a), Art. I of the State Constitution.
  179         m. The home addresses, telephone numbers, dates of birth,
  180  and photographs of current or former investigators or inspectors
  181  of the Department of Business and Professional Regulation; the
  182  names, home addresses, telephone numbers, dates of birth, and
  183  places of employment of the spouses and children of such current
  184  or former investigators and inspectors; and the names and
  185  locations of schools and day care facilities attended by the
  186  children of such current or former investigators and inspectors
  187  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  188  Constitution.
  189         n. The home addresses, telephone numbers, and dates of
  190  birth of county tax collectors; the names, home addresses,
  191  telephone numbers, dates of birth, and places of employment of
  192  the spouses and children of such tax collectors; and the names
  193  and locations of schools and day care facilities attended by the
  194  children of such tax collectors are exempt from s. 119.07(1) and
  195  s. 24(a), Art. I of the State Constitution.
  196         o. The home addresses, telephone numbers, dates of birth,
  197  and photographs of current or former personnel of the Department
  198  of Health whose duties include, or result in, the determination
  199  or adjudication of eligibility for social security disability
  200  benefits, the investigation or prosecution of complaints filed
  201  against health care practitioners, or the inspection of health
  202  care practitioners or health care facilities licensed by the
  203  Department of Health; the names, home addresses, telephone
  204  numbers, dates of birth, and places of employment of the spouses
  205  and children of such personnel; and the names and locations of
  206  schools and day care facilities attended by the children of such
  207  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  208  the State Constitution.
  209         p. The home addresses, telephone numbers, dates of birth,
  210  and photographs of current or former impaired practitioner
  211  consultants who are retained by an agency or current or former
  212  employees of an impaired practitioner consultant whose duties
  213  result in a determination of a person’s skill and safety to
  214  practice a licensed profession; the names, home addresses,
  215  telephone numbers, dates of birth, and places of employment of
  216  the spouses and children of such consultants or their employees;
  217  and the names and locations of schools and day care facilities
  218  attended by the children of such consultants or employees are
  219  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  220  Constitution.
  221         q. The home addresses, telephone numbers, dates of birth,
  222  and photographs of current or former emergency medical
  223  technicians or paramedics certified under chapter 401; the
  224  names, home addresses, telephone numbers, dates of birth, and
  225  places of employment of the spouses and children of such
  226  emergency medical technicians or paramedics; and the names and
  227  locations of schools and day care facilities attended by the
  228  children of such emergency medical technicians or paramedics are
  229  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  230  Constitution.
  231         r. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former personnel employed in an
  233  agency’s office of inspector general or internal audit
  234  department whose duties include auditing or investigating waste,
  235  fraud, abuse, theft, exploitation, or other activities that
  236  could lead to criminal prosecution or administrative discipline;
  237  the names, home addresses, telephone numbers, dates of birth,
  238  and places of employment of spouses and children of such
  239  personnel; and the names and locations of schools and day care
  240  facilities attended by the children of such personnel are exempt
  241  from s. 119.07(1) and s. 24(a), Art. I of the State
  242  Constitution.
  243         s. The home addresses, telephone numbers, dates of birth,
  244  and photographs of current or former directors, managers,
  245  supervisors, nurses, and clinical employees of an addiction
  246  treatment facility; the home addresses, telephone numbers,
  247  photographs, dates of birth, and places of employment of the
  248  spouses and children of such personnel; and the names and
  249  locations of schools and day care facilities attended by the
  250  children of such personnel are exempt from s. 119.07(1) and s.
  251  24(a), Art. I of the State Constitution. For purposes of this
  252  sub-subparagraph, the term “addiction treatment facility” means
  253  a county government, or agency thereof, that is licensed
  254  pursuant to s. 397.401 and provides substance abuse prevention,
  255  intervention, or clinical treatment, including any licensed
  256  service component described in s. 397.311(26).
  257         t. The home addresses, telephone numbers, dates of birth,
  258  and photographs of current or former directors, managers,
  259  supervisors, and clinical employees of a child advocacy center
  260  that meets the standards of s. 39.3035(1) and fulfills the
  261  screening requirement of s. 39.3035(2), and the members of a
  262  Child Protection Team as described in s. 39.303 whose duties
  263  include supporting the investigation of child abuse or sexual
  264  abuse, child abandonment, child neglect, and child exploitation
  265  or to provide services as part of a multidisciplinary case
  266  review team; the names, home addresses, telephone numbers,
  267  photographs, dates of birth, and places of employment of the
  268  spouses and children of such personnel and members; and the
  269  names and locations of schools and day care facilities attended
  270  by the children of such personnel and members are exempt from s.
  271  119.07(1) and s. 24(a), Art. I of the State Constitution.
  272         u. The home addresses, telephone numbers, dates of birth,
  273  and photographs of current or former commissioners of the
  274  Florida Commission on Offender Review or commission personnel
  275  whose duties include making a final decision on, holding a
  276  hearing for, or investigating a violation of post-incarceration
  277  supervised release; the names, home addresses, telephone
  278  numbers, dates of birth, photographs, and places of employment
  279  of the spouses and children of such current or former
  280  commissioners and commission personnel; and the names and
  281  locations of schools and day care facilities attended by the
  282  children of such current or former commissioners and commission
  283  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  284  the State Constitution. This sub-subparagraph is subject to the
  285  Open Government Sunset Review Act in accordance with s. 119.15
  286  and shall stand repealed on October 2, 2025, unless reviewed and
  287  saved from repeal through reenactment by the Legislature.
  288         3. An agency that is the custodian of the information
  289  specified in subparagraph 2. and that is not the employer of the
  290  officer, employee, justice, judge, or other person specified in
  291  subparagraph 2. shall maintain the exempt status of that
  292  information only if the officer, employee, justice, judge, other
  293  person, or employing agency of the designated employee submits a
  294  written request for maintenance of the exemption to the
  295  custodial agency.
  296         4. An officer, an employee, a justice, a judge, or other
  297  person specified in subparagraph 2. may submit a written request
  298  for the release of his or her exempt information to the
  299  custodial agency. The written request must be notarized and must
  300  specify the information to be released and the party that is
  301  authorized to receive the information. Upon receipt of the
  302  written request, the custodial agency shall release the
  303  specified information to the party authorized to receive such
  304  information.
  305         5. The exemptions in this paragraph apply to information
  306  held by an agency before, on, or after the effective date of the
  307  exemption.
  308         6. This paragraph is subject to the Open Government Sunset
  309  Review Act in accordance with s. 119.15 and shall stand repealed
  310  on October 2, 2024, unless reviewed and saved from repeal
  311  through reenactment by the Legislature.
  312         Section 2. (1)The Legislature finds that it is a public
  313  necessity to exempt from public records requirements the home
  314  addresses, telephone numbers, dates of birth, and photographs of
  315  current or former commissioners of the Florida Commission on
  316  Offender Review and commission personnel whose duties include
  317  making a final decision on, holding a hearing for, or
  318  investigating a violation of post-incarceration supervised
  319  release; the names, home addresses, telephone numbers, dates of
  320  birth, photographs, and places of employment of the spouses and
  321  children of such current or former commissioners and commission
  322  personnel; and the names and locations of schools and day care
  323  facilities attended by the children of such current or former
  324  commissioners and commission personnel.
  325         (2) The efforts of commissioners and commission personnel
  326  can have a direct effect on which persons are placed on parole
  327  or released on conditional medical release; on the terms and
  328  conditions of those persons released on parole, conditional
  329  release, conditional medical release, or addiction recovery
  330  supervision; and on the determination of whether a releasee has
  331  violated the terms of his or her parole. The Legislature finds
  332  that the release of such personal identifying information and
  333  location information might place these personnel of the Florida
  334  Commission on Offender Review and their family members in danger
  335  of physical and emotional harm by disgruntled individuals who
  336  react contentiously to actions taken by such personnel. The
  337  Legislature further finds that the harm that may result from the
  338  release of such personal identifying and location information
  339  outweighs any public benefit that may be derived from the
  340  disclosure of such information.
  341         Section 3. This act shall take effect upon becoming a law.