Florida Senate - 2021                                     SB 930
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00251-21                                            2021930__
    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 certain identifying and
    5         location information of current and former judicial
    6         assistants and their spouses and children; providing
    7         for retroactive application of the exemption;
    8         providing for future legislative review and repeal of
    9         the exemption; providing a statement of public
   10         necessity; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (d) of subsection (4) of section
   15  119.071, Florida Statutes, is amended to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (4) AGENCY PERSONNEL INFORMATION.—
   19         (d)1. For purposes of this paragraph, the term:
   20         a. “Home addresses” means the dwelling location at which an
   21  individual resides and includes the physical address, mailing
   22  address, street address, parcel identification number, plot
   23  identification number, legal property description, neighborhood
   24  name and lot number, GPS coordinates, and any other descriptive
   25  property information that may reveal the home address.
   26         b. “Telephone numbers” includes home telephone numbers,
   27  personal cellular telephone numbers, personal pager telephone
   28  numbers, and telephone numbers associated with personal
   29  communications devices.
   30         2.a. The home addresses, telephone numbers, dates of birth,
   31  and photographs of active or former sworn law enforcement
   32  personnel or of active or former civilian personnel employed by
   33  a law enforcement agency, including correctional and
   34  correctional probation officers, personnel of the Department of
   35  Children and Families whose duties include the investigation of
   36  abuse, neglect, exploitation, fraud, theft, or other criminal
   37  activities, personnel of the Department of Health whose duties
   38  are to support the investigation of child abuse or neglect, and
   39  personnel of the Department of Revenue or local governments
   40  whose responsibilities include revenue collection and
   41  enforcement or child support enforcement; the names, home
   42  addresses, telephone numbers, photographs, dates of birth, and
   43  places of employment of the spouses and children of such
   44  personnel; and the names and locations of schools and day care
   45  facilities attended by the children of such personnel are exempt
   46  from s. 119.07(1) and s. 24(a), Art. I of the State
   47  Constitution.
   48         b. The home addresses, telephone numbers, dates of birth,
   49  and photographs of current or former nonsworn investigative
   50  personnel of the Department of Financial Services whose duties
   51  include the investigation of fraud, theft, workers’ compensation
   52  coverage requirements and compliance, other related criminal
   53  activities, or state regulatory requirement violations; the
   54  names, home addresses, telephone numbers, dates of birth, and
   55  places of employment of the spouses and children of such
   56  personnel; and the names and locations of schools and day care
   57  facilities attended by the children of such personnel are exempt
   58  from s. 119.07(1) and s. 24(a), Art. I of the State
   59  Constitution.
   60         c. The home addresses, telephone numbers, dates of birth,
   61  and photographs of current or former nonsworn investigative
   62  personnel of the Office of Financial Regulation’s Bureau of
   63  Financial Investigations whose duties include the investigation
   64  of fraud, theft, other related criminal activities, or state
   65  regulatory requirement violations; the names, home addresses,
   66  telephone numbers, dates of birth, and places of employment of
   67  the spouses and children of such personnel; and the names and
   68  locations of schools and day care facilities attended by the
   69  children of such personnel are exempt from s. 119.07(1) and s.
   70  24(a), Art. I of the State Constitution.
   71         d. The home addresses, telephone numbers, dates of birth,
   72  and photographs of current or former firefighters certified in
   73  compliance with s. 633.408; the names, home addresses, telephone
   74  numbers, photographs, dates of birth, and places of employment
   75  of the spouses and children of such firefighters; and the names
   76  and locations of schools and day care facilities attended by the
   77  children of such firefighters are exempt from s. 119.07(1) and
   78  s. 24(a), Art. I of the State Constitution.
   79         e. The home addresses, dates of birth, and telephone
   80  numbers of current or former justices of the Supreme Court,
   81  district court of appeal judges, circuit court judges, and
   82  county court judges, and judicial assistants; the names, home
   83  addresses, telephone numbers, dates of birth, and places of
   84  employment of the spouses and children of current or former
   85  justices, and judges, and judicial assistants; and the names and
   86  locations of schools and day care facilities attended by the
   87  children of current or former justices, and judges, and judicial
   88  assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of
   89  the State Constitution.
   90         f. The home addresses, telephone numbers, dates of birth,
   91  and photographs of current or former state attorneys, assistant
   92  state attorneys, statewide prosecutors, or assistant statewide
   93  prosecutors; the names, home addresses, telephone numbers,
   94  photographs, dates of birth, and places of employment of the
   95  spouses and children of current or former state attorneys,
   96  assistant state attorneys, statewide prosecutors, or assistant
   97  statewide prosecutors; and the names and locations of schools
   98  and day care facilities attended by the children of current or
   99  former state attorneys, assistant state attorneys, statewide
  100  prosecutors, or assistant statewide prosecutors are exempt from
  101  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  102         g. The home addresses, dates of birth, and telephone
  103  numbers of general magistrates, special magistrates, judges of
  104  compensation claims, administrative law judges of the Division
  105  of Administrative Hearings, and child support enforcement
  106  hearing officers; the names, home addresses, telephone numbers,
  107  dates of birth, and places of employment of the spouses and
  108  children of general magistrates, special magistrates, judges of
  109  compensation claims, administrative law judges of the Division
  110  of Administrative Hearings, and child support enforcement
  111  hearing officers; and the names and locations of schools and day
  112  care facilities attended by the children of general magistrates,
  113  special magistrates, judges of compensation claims,
  114  administrative law judges of the Division of Administrative
  115  Hearings, and child support enforcement hearing officers are
  116  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  117  Constitution.
  118         h. The home addresses, telephone numbers, dates of birth,
  119  and photographs of current or former human resource, labor
  120  relations, or employee relations directors, assistant directors,
  121  managers, or assistant managers of any local government agency
  122  or water management district whose duties include hiring and
  123  firing employees, labor contract negotiation, administration, or
  124  other personnel-related duties; the names, home addresses,
  125  telephone numbers, dates of birth, and places of employment of
  126  the spouses and children of such personnel; and the names and
  127  locations of schools and day care facilities attended by the
  128  children of such personnel are exempt from s. 119.07(1) and s.
  129  24(a), Art. I of the State Constitution.
  130         i. The home addresses, telephone numbers, dates of birth,
  131  and photographs of current or former code enforcement officers;
  132  the names, home addresses, telephone numbers, dates of birth,
  133  and places of employment of the spouses and children of such
  134  personnel; and the names and locations of schools and day care
  135  facilities attended by the children of such personnel are exempt
  136  from s. 119.07(1) and s. 24(a), Art. I of the State
  137  Constitution.
  138         j. The home addresses, telephone numbers, places of
  139  employment, dates of birth, and photographs of current or former
  140  guardians ad litem, as defined in s. 39.820; the names, home
  141  addresses, telephone numbers, dates of birth, and places of
  142  employment of the spouses and children of such persons; and the
  143  names and locations of schools and day care facilities attended
  144  by the children of such persons are exempt from s. 119.07(1) and
  145  s. 24(a), Art. I of the State Constitution.
  146         k. The home addresses, telephone numbers, dates of birth,
  147  and photographs of current or former juvenile probation
  148  officers, juvenile probation supervisors, detention
  149  superintendents, assistant detention superintendents, juvenile
  150  justice detention officers I and II, juvenile justice detention
  151  officer supervisors, juvenile justice residential officers,
  152  juvenile justice residential officer supervisors I and II,
  153  juvenile justice counselors, juvenile justice counselor
  154  supervisors, human services counselor administrators, senior
  155  human services counselor administrators, rehabilitation
  156  therapists, and social services counselors of the Department of
  157  Juvenile Justice; the names, home addresses, telephone numbers,
  158  dates of birth, and places of employment of spouses and children
  159  of such personnel; and the names and locations of schools and
  160  day care facilities attended by the children of such personnel
  161  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  162  Constitution.
  163         l. The home addresses, telephone numbers, dates of birth,
  164  and photographs of current or former public defenders, assistant
  165  public defenders, criminal conflict and civil regional counsel,
  166  and assistant criminal conflict and civil regional counsel; the
  167  names, home addresses, telephone numbers, dates of birth, and
  168  places of employment of the spouses and children of current or
  169  former public defenders, assistant public defenders, criminal
  170  conflict and civil regional counsel, and assistant criminal
  171  conflict and civil regional counsel; and the names and locations
  172  of schools and day care facilities attended by the children of
  173  current or former public defenders, assistant public defenders,
  174  criminal conflict and civil regional counsel, and assistant
  175  criminal conflict and civil regional counsel are exempt from s.
  176  119.07(1) and s. 24(a), Art. I of the State Constitution.
  177         m. The home addresses, telephone numbers, dates of birth,
  178  and photographs of current or former investigators or inspectors
  179  of the Department of Business and Professional Regulation; the
  180  names, home addresses, telephone numbers, dates of birth, and
  181  places of employment of the spouses and children of such current
  182  or former investigators and inspectors; and the names and
  183  locations of schools and day care facilities attended by the
  184  children of such current or former investigators and inspectors
  185  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  186  Constitution.
  187         n. The home addresses, telephone numbers, and dates of
  188  birth of county tax collectors; the names, home addresses,
  189  telephone numbers, dates of birth, and places of employment of
  190  the spouses and children of such tax collectors; and the names
  191  and locations of schools and day care facilities attended by the
  192  children of such tax collectors are exempt from s. 119.07(1) and
  193  s. 24(a), Art. I of the State Constitution.
  194         o. The home addresses, telephone numbers, dates of birth,
  195  and photographs of current or former personnel of the Department
  196  of Health whose duties include, or result in, the determination
  197  or adjudication of eligibility for social security disability
  198  benefits, the investigation or prosecution of complaints filed
  199  against health care practitioners, or the inspection of health
  200  care practitioners or health care facilities licensed by the
  201  Department of Health; the names, home addresses, telephone
  202  numbers, dates of birth, and places of employment of the spouses
  203  and children of such personnel; and the names and locations of
  204  schools and day care facilities attended by the children of such
  205  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  206  the State Constitution.
  207         p. The home addresses, telephone numbers, dates of birth,
  208  and photographs of current or former impaired practitioner
  209  consultants who are retained by an agency or current or former
  210  employees of an impaired practitioner consultant whose duties
  211  result in a determination of a person’s skill and safety to
  212  practice a licensed profession; the names, home addresses,
  213  telephone numbers, dates of birth, and places of employment of
  214  the spouses and children of such consultants or their employees;
  215  and the names and locations of schools and day care facilities
  216  attended by the children of such consultants or employees are
  217  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  218  Constitution.
  219         q. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former emergency medical
  221  technicians or paramedics certified under chapter 401; the
  222  names, home addresses, telephone numbers, dates of birth, and
  223  places of employment of the spouses and children of such
  224  emergency medical technicians or paramedics; and the names and
  225  locations of schools and day care facilities attended by the
  226  children of such emergency medical technicians or paramedics are
  227  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  228  Constitution.
  229         r. The home addresses, telephone numbers, dates of birth,
  230  and photographs of current or former personnel employed in an
  231  agency’s office of inspector general or internal audit
  232  department whose duties include auditing or investigating waste,
  233  fraud, abuse, theft, exploitation, or other activities that
  234  could lead to criminal prosecution or administrative discipline;
  235  the names, home addresses, telephone numbers, dates of birth,
  236  and places of employment of spouses and children of such
  237  personnel; and the names and locations of schools and day care
  238  facilities attended by the children of such personnel are exempt
  239  from s. 119.07(1) and s. 24(a), Art. I of the State
  240  Constitution.
  241         s. The home addresses, telephone numbers, dates of birth,
  242  and photographs of current or former directors, managers,
  243  supervisors, nurses, and clinical employees of an addiction
  244  treatment facility; the home addresses, telephone numbers,
  245  photographs, dates of birth, and places of employment of the
  246  spouses and children of such personnel; and the names and
  247  locations of schools and day care facilities attended by the
  248  children of such personnel are exempt from s. 119.07(1) and s.
  249  24(a), Art. I of the State Constitution. For purposes of this
  250  sub-subparagraph, the term “addiction treatment facility” means
  251  a county government, or agency thereof, that is licensed
  252  pursuant to s. 397.401 and provides substance abuse prevention,
  253  intervention, or clinical treatment, including any licensed
  254  service component described in s. 397.311(26).
  255         t. The home addresses, telephone numbers, dates of birth,
  256  and photographs of current or former directors, managers,
  257  supervisors, and clinical employees of a child advocacy center
  258  that meets the standards of s. 39.3035(1) and fulfills the
  259  screening requirement of s. 39.3035(2), and the members of a
  260  Child Protection Team as described in s. 39.303 whose duties
  261  include supporting the investigation of child abuse or sexual
  262  abuse, child abandonment, child neglect, and child exploitation
  263  or to provide services as part of a multidisciplinary case
  264  review team; the names, home addresses, telephone numbers,
  265  photographs, dates of birth, and places of employment of the
  266  spouses and children of such personnel and members; and the
  267  names and locations of schools and day care facilities attended
  268  by the children of such personnel and members are exempt from s.
  269  119.07(1) and s. 24(a), Art. I of the State Constitution.
  270         3. An agency that is the custodian of the information
  271  specified in subparagraph 2. and that is not the employer of the
  272  officer, employee, justice, judge, or other person specified in
  273  subparagraph 2. shall maintain the exempt status of that
  274  information only if the officer, employee, justice, judge, other
  275  person, or employing agency of the designated employee submits a
  276  written request for maintenance of the exemption to the
  277  custodial agency.
  278         4. An officer, an employee, a justice, a judge, or other
  279  person specified in subparagraph 2. may submit a written request
  280  for the release of his or her exempt information to the
  281  custodial agency. The written request must be notarized and must
  282  specify the information to be released and the party that is
  283  authorized to receive the information. Upon receipt of the
  284  written request, the custodial agency shall release the
  285  specified information to the party authorized to receive such
  286  information.
  287         5. The exemptions in this paragraph apply to information
  288  held by an agency before, on, or after the effective date of the
  289  exemption.
  290         6. This paragraph is subject to the Open Government Sunset
  291  Review Act in accordance with s. 119.15 and shall stand repealed
  292  on October 2, 2024, unless reviewed and saved from repeal
  293  through reenactment by the Legislature.
  294         Section 2. The Legislature finds that it is a public
  295  necessity that the home addresses, dates of birth, and telephone
  296  numbers of current or former judicial assistants; the names,
  297  home addresses, telephone numbers, dates of birth, and places of
  298  employment of the spouses and children of such judicial
  299  assistants; and the names and locations of schools and day care
  300  facilities attended by the children of such judicial assistants
  301  be made exempt from s. 119.07(1), Florida Statutes, and s.
  302  24(a), Article I of the State Constitution. Such identifying and
  303  location information can be used as a tool to perpetuate fraud
  304  against an individual and to acquire sensitive personal,
  305  financial, medical, and familial information, the release of
  306  which could cause great financial harm to the individual. In the
  307  course of assisting in making rulings, entering judgments,
  308  imposing sentences, or reviewing cases, judicial assistants
  309  frequently do not create good will with litigants, the accused,
  310  the convicted, and their associates and families, thus making
  311  the judicial assistants, and their spouses and children, targets
  312  for acts of revenge. This risk continues after judicial
  313  assistants complete their public service. Disgruntled
  314  individuals may wait to commit an act of revenge until the
  315  employment of a judicial assistant ends. If such identifying and
  316  location information is released, the safety of current or
  317  former judicial assistants and their spouses and children could
  318  be seriously jeopardized. For these reasons, the Legislature
  319  finds that it is a public necessity that such information be
  320  made exempt from public records requirements.
  321         Section 3. This act shall take effect July 1, 2021.