Florida Senate - 2009 SB 1488
By Senator Lawson
6-00829-09 20091488__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; creating an exemption from public
4 records requirements for the cellular telephone
5 numbers and telephone records of all telephone numbers
6 of active and former law enforcement personnel and
7 investigative personnel of certain state agencies and
8 local governments; providing for future legislative
9 review and repeal of the exemption under the Open
10 Government Sunset Review Act; providing a statement of
11 public necessity; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (d) of subsection (4) of section
16 119.071, Florida Statutes, is amended to read:
17 119.071 General exemptions from inspection or copying of
18 public records.—
19 (4) AGENCY PERSONNEL INFORMATION.—
20 (d)1.a. The home addresses, telephone numbers, including
21 cellular telephone numbers not otherwise disclosed by the law
22 enforcement agency, telephone records for all telephone numbers,
23 social security numbers, and photographs of active or former law
24 enforcement personnel, including correctional and correctional
25 probation officers, personnel of the Department of Children and
26 Family Services whose duties include the investigation of abuse,
27 neglect, exploitation, fraud, theft, or other criminal
28 activities, personnel of the Department of Health whose duties
29 are to support the investigation of child abuse or neglect, and
30 personnel of the Department of Revenue or local governments
31 whose responsibilities include revenue collection and
32 enforcement or child support enforcement; the home addresses,
33 telephone numbers, social security numbers, photographs, and
34 places of employment of the spouses and children of such
35 personnel; and the names and locations of schools and day care
36 facilities attended by the children of such personnel are exempt
37 from s. 119.07(1). The home addresses, telephone numbers, and
38 photographs of firefighters certified in compliance with s.
39 633.35; the home addresses, telephone numbers, photographs, and
40 places of employment of the spouses and children of such
41 firefighters; and the names and locations of schools and day
42 care facilities attended by the children of such firefighters
43 are exempt from s. 119.07(1). The home addresses and telephone
44 numbers of justices of the Supreme Court, district court of
45 appeal judges, circuit court judges, and county court judges;
46 the home addresses, telephone numbers, and places of employment
47 of the spouses and children of justices and judges; and the
48 names and locations of schools and day care facilities attended
49 by the children of justices and judges are exempt from s.
50 119.07(1). The home addresses, telephone numbers, social
51 security numbers, and photographs of current or former state
52 attorneys, assistant state attorneys, statewide prosecutors, or
53 assistant statewide prosecutors; the home addresses, telephone
54 numbers, social security numbers, photographs, and places of
55 employment of the spouses and children of current or former
56 state attorneys, assistant state attorneys, statewide
57 prosecutors, or assistant statewide prosecutors; and the names
58 and locations of schools and day care facilities attended by the
59 children of current or former state attorneys, assistant state
60 attorneys, statewide prosecutors, or assistant statewide
61 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
62 the State Constitution.
63 b. The home addresses and telephone numbers of general
64 magistrates, special magistrates, judges of compensation claims,
65 administrative law judges of the Division of Administrative
66 Hearings, and child support enforcement hearing officers; the
67 home addresses, telephone numbers, and places of employment of
68 the spouses and children of general magistrates, special
69 magistrates, judges of compensation claims, administrative law
70 judges of the Division of Administrative Hearings, and child
71 support enforcement hearing officers; and the names and
72 locations of schools and day care facilities attended by the
73 children of general magistrates, special magistrates, judges of
74 compensation claims, administrative law judges of the Division
75 of Administrative Hearings, and child support enforcement
76 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
77 I of the State Constitution if the general magistrate, special
78 magistrate, judge of compensation claims, administrative law
79 judge of the Division of Administrative Hearings, or child
80 support hearing officer provides a written statement that the
81 general magistrate, special magistrate, judge of compensation
82 claims, administrative law judge of the Division of
83 Administrative Hearings, or child support hearing officer has
84 made reasonable efforts to protect such information from being
85 accessible through other means available to the public. This
86 sub-subparagraph is subject to the Open Government Sunset Review
87 Act in accordance with s. 119.15, and shall stand repealed on
88 October 2, 2013, unless reviewed and saved from repeal through
89 reenactment by the Legislature.
90 2. The home addresses, telephone numbers, and photographs
91 of current or former human resource, labor relations, or
92 employee relations directors, assistant directors, managers, or
93 assistant managers of any local government agency or water
94 management district whose duties include hiring and firing
95 employees, labor contract negotiation, administration, or other
96 personnel-related duties; the names, home addresses, telephone
97 numbers, and places of employment of the spouses and children of
98 such personnel; and the names and locations of schools and day
99 care facilities attended by the children of such personnel are
100 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
101 Constitution.
102 3. The home addresses, telephone numbers, social security
103 numbers, and photographs of current or former United States
104 attorneys and assistant United States attorneys; the home
105 addresses, telephone numbers, social security numbers,
106 photographs, and places of employment of the spouses and
107 children of current or former United States attorneys and
108 assistant United States attorneys; and the names and locations
109 of schools and day care facilities attended by the children of
110 current or former United States attorneys and assistant United
111 States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
112 I of the State Constitution. This subparagraph is subject to the
113 Open Government Sunset Review Act in accordance with s. 119.15
114 and shall stand repealed on October 2, 2009, unless reviewed and
115 saved from repeal through reenactment by the Legislature.
116 4. The home addresses, telephone numbers, social security
117 numbers, and photographs of current or former judges of United
118 States Courts of Appeal, United States district judges, and
119 United States magistrate judges; the home addresses, telephone
120 numbers, social security numbers, photographs, and places of
121 employment of the spouses and children of current or former
122 judges of United States Courts of Appeal, United States district
123 judges, and United States magistrate judges; and the names and
124 locations of schools and day care facilities attended by the
125 children of current or former judges of United States Courts of
126 Appeal, United States district judges, and United States
127 magistrate judges are exempt from s. 119.07(1) and s. 24(a),
128 Art. I of the State Constitution. This subparagraph is subject
129 to the Open Government Sunset Review Act in accordance with s.
130 119.15 and shall stand repealed on October 2, 2009, unless
131 reviewed and saved from repeal through reenactment by the
132 Legislature.
133 5. The home addresses, telephone numbers, and photographs
134 of current or former code enforcement officers; the names, home
135 addresses, telephone numbers, and places of employment of the
136 spouses and children of such personnel; and the names and
137 locations of schools and day care facilities attended by the
138 children of such personnel are exempt from s. 119.07(1) and s.
139 24(a), Art. I of the State Constitution.
140 6. The home addresses, telephone numbers, places of
141 employment, and photographs of current or former guardians ad
142 litem, as defined in s. 39.820, and the names, home addresses,
143 telephone numbers, and places of employment of the spouses and
144 children of such persons, are exempt from s. 119.07(1) and s.
145 24(a), Art. I of the State Constitution, if the guardian ad
146 litem provides a written statement that the guardian ad litem
147 has made reasonable efforts to protect such information from
148 being accessible through other means available to the public.
149 This subparagraph is subject to the Open Government Sunset
150 Review Act in accordance with s. 119.15 and shall stand repealed
151 on October 2, 2010, unless reviewed and saved from repeal
152 through reenactment by the Legislature.
153 7. The home addresses, telephone numbers, and photographs
154 of current or former juvenile probation officers, juvenile
155 probation supervisors, detention superintendents, assistant
156 detention superintendents, senior juvenile detention officers,
157 juvenile detention officer supervisors, juvenile detention
158 officers, house parents I and II, house parent supervisors,
159 group treatment leaders, group treatment leader supervisors,
160 rehabilitation therapists, and social services counselors of the
161 Department of Juvenile Justice; the names, home addresses,
162 telephone numbers, and places of employment of spouses and
163 children of such personnel; and the names and locations of
164 schools and day care facilities attended by the children of such
165 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
166 the State Constitution. This subparagraph is subject to the Open
167 Government Sunset Review Act in accordance with s. 119.15 and
168 shall stand repealed on October 2, 2011, unless reviewed and
169 saved from repeal through reenactment by the Legislature.
170 8. An agency that is the custodian of the personal
171 information specified in subparagraph 1., subparagraph 2.,
172 subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
173 6., or subparagraph 7. and that is not the employer of the
174 officer, employee, justice, judge, or other person specified in
175 subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
176 4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
177 maintain the exempt status of the personal information only if
178 the officer, employee, justice, judge, other person, or
179 employing agency of the designated employee submits a written
180 request for maintenance of the exemption to the custodial
181 agency.
182 Section 2. Section 119.071(4)(d)1.a., Florida Statutes, is
183 subject to the Open Government Sunset Review Act in accordance
184 with s. 119.15, Florida Statutes, and shall stand repealed on
185 October 2, 2014, unless reviewed and saved from repeal through
186 reenactment by the Legislature.
187 Section 3. The Legislature finds that it is a public
188 necessity that the cellular telephone numbers and the telephone
189 records of former and active law enforcement personnel,
190 correctional and correctional probation officers, investigative
191 personnel of the Department of Children and Family Services and
192 the Department of Health, and personnel of the Department of
193 Revenue and local governments involved in revenue collection and
194 child-support enforcement be made exempt from public-records
195 requirements. Release of such identifying information might
196 place such personnel and their family members in danger of
197 physical and emotional harm from disgruntled criminal defendants
198 or litigants. Moreover, telephone records would reveal
199 identifying information of persons, such as crime victims,
200 confidential informants, child abuse victims, and victims of
201 sexual violence, whose identities are normally protected. The
202 exposure of this information would not only compromise a
203 criminal trial or investigation, it would also place crime
204 victims and confidential informants and their families in
205 danger. Therefore, the harm that might result from the release
206 of the information outweighs any public benefit that could be
207 derived from disclosure of the information. Thus, the
208 Legislature finds that it is a public necessity to make
209 confidential and exempt from public-records requirements
210 cellular phone numbers and telephone records for all telephone
211 numbers of former and active law enforcement personnel,
212 correctional and correctional probation officers, investigative
213 personnel of the Department of Children and Family Services and
214 the Department of Health, and personnel of the Department of
215 Revenue and local governments involved in revenue collection and
216 child-support enforcement.
217 Section 4. This act shall take effect July 1, 2009.