Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7012
       
       
       
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       591-00130-11                                          20117012__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides an exemption from public-records requirements
    5         for certain records relating to current and former
    6         employees of the Department of Juvenile Justice and
    7         their family members, including juvenile probation
    8         officers and supervisors, detention and assistant
    9         detention superintendents, senior juvenile detention
   10         officers, juvenile detention officers and supervisors,
   11         house parents and supervisors, group treatment leaders
   12         and supervisors, rehabilitation therapists, and social
   13         services counselors; saving the exemption from repeal
   14         under the Open Government Sunset Review Act; removing
   15         the scheduled repeal of the exemption; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (d) of subsection (4) of section
   21  119.071, Florida Statutes, is amended to read:
   22         119.071 General exemptions from inspection or copying of
   23  public records.—
   24         (4) AGENCY PERSONNEL INFORMATION.—
   25         (d)1.a. The home addresses, telephone numbers, social
   26  security numbers, and photographs of active or former law
   27  enforcement personnel, including correctional and correctional
   28  probation officers, personnel of the Department of Children and
   29  Family Services whose duties include the investigation of abuse,
   30  neglect, exploitation, fraud, theft, or other criminal
   31  activities, personnel of the Department of Health whose duties
   32  are to support the investigation of child abuse or neglect, and
   33  personnel of the Department of Revenue or local governments
   34  whose responsibilities include revenue collection and
   35  enforcement or child support enforcement; the home addresses,
   36  telephone numbers, social security numbers, photographs, and
   37  places of employment of the spouses and children of such
   38  personnel; and the names and locations of schools and day care
   39  facilities attended by the children of such personnel are exempt
   40  from s. 119.07(1).
   41         b. The home addresses, telephone numbers, and photographs
   42  of firefighters certified in compliance with s. 633.35; the home
   43  addresses, telephone numbers, photographs, and places of
   44  employment of the spouses and children of such firefighters; and
   45  the names and locations of schools and day care facilities
   46  attended by the children of such firefighters are exempt from s.
   47  119.07(1).
   48         c. The home addresses and telephone numbers of justices of
   49  the Supreme Court, district court of appeal judges, circuit
   50  court judges, and county court judges; the home addresses,
   51  telephone numbers, and places of employment of the spouses and
   52  children of justices and judges; and the names and locations of
   53  schools and day care facilities attended by the children of
   54  justices and judges are exempt from s. 119.07(1).
   55         d. The home addresses, telephone numbers, social security
   56  numbers, and photographs of current or former state attorneys,
   57  assistant state attorneys, statewide prosecutors, or assistant
   58  statewide prosecutors; the home addresses, telephone numbers,
   59  social security numbers, photographs, and places of employment
   60  of the spouses and children of current or former state
   61  attorneys, assistant state attorneys, statewide prosecutors, or
   62  assistant statewide prosecutors; and the names and locations of
   63  schools and day care facilities attended by the children of
   64  current or former state attorneys, assistant state attorneys,
   65  statewide prosecutors, or assistant statewide prosecutors are
   66  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution.
   68         e. The home addresses and telephone numbers of general
   69  magistrates, special magistrates, judges of compensation claims,
   70  administrative law judges of the Division of Administrative
   71  Hearings, and child support enforcement hearing officers; the
   72  home addresses, telephone numbers, and places of employment of
   73  the spouses and children of general magistrates, special
   74  magistrates, judges of compensation claims, administrative law
   75  judges of the Division of Administrative Hearings, and child
   76  support enforcement hearing officers; and the names and
   77  locations of schools and day care facilities attended by the
   78  children of general magistrates, special magistrates, judges of
   79  compensation claims, administrative law judges of the Division
   80  of Administrative Hearings, and child support enforcement
   81  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   82  I of the State Constitution if the general magistrate, special
   83  magistrate, judge of compensation claims, administrative law
   84  judge of the Division of Administrative Hearings, or child
   85  support hearing officer provides a written statement that the
   86  general magistrate, special magistrate, judge of compensation
   87  claims, administrative law judge of the Division of
   88  Administrative Hearings, or child support hearing officer has
   89  made reasonable efforts to protect such information from being
   90  accessible through other means available to the public. This
   91  sub-subparagraph is subject to the Open Government Sunset Review
   92  Act in accordance with s. 119.15, and shall stand repealed on
   93  October 2, 2013, unless reviewed and saved from repeal through
   94  reenactment by the Legislature.
   95         f. The home addresses, telephone numbers, and photographs
   96  of current or former human resource, labor relations, or
   97  employee relations directors, assistant directors, managers, or
   98  assistant managers of any local government agency or water
   99  management district whose duties include hiring and firing
  100  employees, labor contract negotiation, administration, or other
  101  personnel-related duties; the names, home addresses, telephone
  102  numbers, and places of employment of the spouses and children of
  103  such personnel; and the names and locations of schools and day
  104  care facilities attended by the children of such personnel are
  105  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  106  Constitution.
  107         g. The home addresses, telephone numbers, and photographs
  108  of current or former code enforcement officers; the names, home
  109  addresses, telephone numbers, and places of employment of the
  110  spouses and children of such personnel; and the names and
  111  locations of schools and day care facilities attended by the
  112  children of such personnel are exempt from s. 119.07(1) and s.
  113  24(a), Art. I of the State Constitution.
  114         h. The home addresses, telephone numbers, places of
  115  employment, and photographs of current or former guardians ad
  116  litem, as defined in s. 39.820; the names, home addresses,
  117  telephone numbers, and places of employment of the spouses and
  118  children of such persons; and the names and locations of schools
  119  and day care facilities attended by the children of such persons
  120  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  121  Constitution, if the guardian ad litem provides a written
  122  statement that the guardian ad litem has made reasonable efforts
  123  to protect such information from being accessible through other
  124  means available to the public. This sub-subparagraph is subject
  125  to the Open Government Sunset Review Act in accordance with s.
  126  119.15 and shall stand repealed on October 2, 2015, unless
  127  reviewed and saved from repeal through reenactment by the
  128  Legislature.
  129         i. The home addresses, telephone numbers, and photographs
  130  of current or former juvenile probation officers, juvenile
  131  probation supervisors, detention superintendents, assistant
  132  detention superintendents, senior juvenile detention officers,
  133  juvenile detention officer supervisors, juvenile detention
  134  officers, house parents I and II, house parent supervisors,
  135  group treatment leaders, group treatment leader supervisors,
  136  rehabilitation therapists, and social services counselors of the
  137  Department of Juvenile Justice; the names, home addresses,
  138  telephone numbers, and places of employment of spouses and
  139  children of such personnel; and the names and locations of
  140  schools and day care facilities attended by the children of such
  141  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  142  the State Constitution. This sub-subparagraph is subject to the
  143  Open Government Sunset Review Act in accordance with s. 119.15
  144  and shall stand repealed on October 2, 2011, unless reviewed and
  145  saved from repeal through reenactment by the Legislature.
  146         j. The home addresses, telephone numbers, and photographs
  147  of current or former public defenders, assistant public
  148  defenders, criminal conflict and civil regional counsel, and
  149  assistant criminal conflict and civil regional counsel; the home
  150  addresses, telephone numbers, and places of employment of the
  151  spouses and children of such defenders or counsel; and the names
  152  and locations of schools and day care facilities attended by the
  153  children of such defenders or counsel are exempt from s.
  154  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  155  sub-subparagraph is subject to the Open Government Sunset Review
  156  Act in accordance with s. 119.15 and shall stand repealed on
  157  October 2, 2015, unless reviewed and saved from repeal through
  158  reenactment by the Legislature.
  159         2. An agency that is the custodian of the information
  160  specified in subparagraph 1. and that is not the employer of the
  161  officer, employee, justice, judge, or other person specified in
  162  subparagraph 1. shall maintain the exempt status of that
  163  information only if the officer, employee, justice, judge, other
  164  person, or employing agency of the designated employee submits a
  165  written request for maintenance of the exemption to the
  166  custodial agency.
  167         Section 2. This act shall take effect October 1, 2011.