Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 916
       
       
       
       
       
       
                                Barcode 481924                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (4) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (4) AGENCY PERSONNEL INFORMATION.—
   10         (d)1. For purposes of this paragraph, the term “telephone
   11  numbers” includes home telephone numbers, personal cellular
   12  telephone numbers, personal pager telephone numbers, and
   13  telephone numbers associated with personal communications
   14  devices.
   15         2.a. The home addresses, telephone numbers, social security
   16  numbers, dates of birth, and photographs of active or former
   17  sworn or civilian law enforcement personnel, including
   18  correctional and correctional probation officers, personnel of
   19  the Department of Children and Family Services whose duties
   20  include the investigation of abuse, neglect, exploitation,
   21  fraud, theft, or other criminal activities, personnel of the
   22  Department of Health whose duties are to support the
   23  investigation of child abuse or neglect, and personnel of the
   24  Department of Revenue or local governments whose
   25  responsibilities include revenue collection and enforcement or
   26  child support enforcement; the home addresses, telephone
   27  numbers, social security numbers, photographs, dates of birth,
   28  and places of employment of the spouses and children of such
   29  personnel; and the names and locations of schools and day care
   30  facilities attended by the children of such personnel are exempt
   31  from s. 119.07(1).
   32         b. The home addresses, telephone numbers, dates of birth,
   33  and photographs of firefighters certified in compliance with s.
   34  633.35; the home addresses, telephone numbers, photographs,
   35  dates of birth, and places of employment of the spouses and
   36  children of such firefighters; and the names and locations of
   37  schools and day care facilities attended by the children of such
   38  firefighters are exempt from s. 119.07(1).
   39         c. The home addresses, dates of birth, and telephone
   40  numbers of current or former justices of the Supreme Court,
   41  district court of appeal judges, circuit court judges, and
   42  county court judges; the home addresses, telephone numbers,
   43  dates of birth, and places of employment of the spouses and
   44  children of current or former justices and judges; and the names
   45  and locations of schools and day care facilities attended by the
   46  children of current or former justices and judges are exempt
   47  from s. 119.07(1).
   48         d. The home addresses, telephone numbers, social security
   49  numbers, dates of birth, and photographs of current or former
   50  state attorneys, assistant state attorneys, statewide
   51  prosecutors, or assistant statewide prosecutors; the home
   52  addresses, telephone numbers, social security numbers,
   53  photographs, dates of birth, and places of employment of the
   54  spouses and children of current or former state attorneys,
   55  assistant state attorneys, statewide prosecutors, or assistant
   56  statewide prosecutors; and the names and locations of schools
   57  and day care facilities attended by the children of current or
   58  former state attorneys, assistant state attorneys, statewide
   59  prosecutors, or assistant statewide prosecutors are exempt from
   60  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   61         e. The home addresses, dates of birth, and telephone
   62  numbers of general magistrates, special magistrates, judges of
   63  compensation claims, administrative law judges of the Division
   64  of Administrative Hearings, and child support enforcement
   65  hearing officers; the home addresses, telephone numbers, dates
   66  of birth, and places of employment of the spouses and children
   67  of general magistrates, special magistrates, judges of
   68  compensation claims, administrative law judges of the Division
   69  of Administrative Hearings, and child support enforcement
   70  hearing officers; and the names and locations of schools and day
   71  care facilities attended by the children of general magistrates,
   72  special magistrates, judges of compensation claims,
   73  administrative law judges of the Division of Administrative
   74  Hearings, and child support enforcement hearing officers are
   75  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   76  Constitution if the general magistrate, special magistrate,
   77  judge of compensation claims, administrative law judge of the
   78  Division of Administrative Hearings, or child support hearing
   79  officer provides a written statement that the general
   80  magistrate, special magistrate, judge of compensation claims,
   81  administrative law judge of the Division of Administrative
   82  Hearings, or child support hearing officer has made reasonable
   83  efforts to protect such information from being accessible
   84  through other means available to the public. This sub
   85  subparagraph is subject to the Open Government Sunset Review Act
   86  in accordance with s. 119.15, and shall stand repealed on
   87  October 2, 2013, unless reviewed and saved from repeal through
   88  reenactment by the Legislature.
   89         f. The home addresses, telephone numbers, dates of birth,
   90  and photographs of current or former human resource, labor
   91  relations, or employee relations directors, assistant directors,
   92  managers, or assistant managers of any local government agency
   93  or water management district whose duties include hiring and
   94  firing employees, labor contract negotiation, administration, or
   95  other personnel-related duties; the names, home addresses,
   96  telephone numbers, dates of birth, and places of employment of
   97  the spouses and children of such personnel; and the names and
   98  locations of schools and day care facilities attended by the
   99  children of such personnel are exempt from s. 119.07(1) and s.
  100  24(a), Art. I of the State Constitution.
  101         g. The home addresses, telephone numbers, dates of birth,
  102  and photographs of current or former code enforcement officers;
  103  the names, home addresses, telephone numbers, dates of birth,
  104  and places of employment of the spouses and children of such
  105  personnel; and the names and locations of schools and day care
  106  facilities attended by the children of such personnel are exempt
  107  from s. 119.07(1) and s. 24(a), Art. I of the State
  108  Constitution.
  109         h. The home addresses, telephone numbers, places of
  110  employment, dates of birth, and photographs of current or former
  111  guardians ad litem, as defined in s. 39.820; the names, home
  112  addresses, telephone numbers, dates of birth, and places of
  113  employment of the spouses and children of such persons; and the
  114  names and locations of schools and day care facilities attended
  115  by the children of such persons are exempt from s. 119.07(1) and
  116  s. 24(a), Art. I of the State Constitution, if the guardian ad
  117  litem provides a written statement that the guardian ad litem
  118  has made reasonable efforts to protect such information from
  119  being accessible through other means available to the public.
  120  This sub-subparagraph is subject to the Open Government Sunset
  121  Review Act in accordance with s. 119.15 and shall stand repealed
  122  on October 2, 2015, unless reviewed and saved from repeal
  123  through reenactment by the Legislature.
  124         i. The home addresses, telephone numbers, dates of birth,
  125  and photographs of current or former juvenile probation
  126  officers, juvenile probation supervisors, detention
  127  superintendents, assistant detention superintendents, juvenile
  128  justice detention officers I and II, juvenile justice detention
  129  officer supervisors, juvenile justice residential officers,
  130  juvenile justice residential officer supervisors I and II,
  131  juvenile justice counselors, juvenile justice counselor
  132  supervisors, human services counselor administrators, senior
  133  human services counselor administrators, rehabilitation
  134  therapists, and social services counselors of the Department of
  135  Juvenile Justice; the names, home addresses, telephone numbers,
  136  dates of birth, and places of employment of spouses and children
  137  of such personnel; and the names and locations of schools and
  138  day care facilities attended by the children of such personnel
  139  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  140  Constitution.
  141         j. The home addresses, telephone numbers, dates of birth,
  142  and photographs of current or former public defenders, assistant
  143  public defenders, criminal conflict and civil regional counsel,
  144  and assistant criminal conflict and civil regional counsel; the
  145  home addresses, telephone numbers, dates of birth, and places of
  146  employment of the spouses and children of such defenders or
  147  counsel; and the names and locations of schools and day care
  148  facilities attended by the children of such defenders or counsel
  149  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  150  Constitution. This sub-subparagraph is subject to the Open
  151  Government Sunset Review Act in accordance with s. 119.15 and
  152  shall stand repealed on October 2, 2015, unless reviewed and
  153  saved from repeal through reenactment by the Legislature.
  154         3.2. An agency that is the custodian of the information
  155  specified in subparagraph 2. 1. and that is not the employer of
  156  the officer, employee, justice, judge, or other person specified
  157  in subparagraph 2. 1. shall maintain the exempt status of that
  158  information only if the officer, employee, justice, judge, other
  159  person, or employing agency of the designated employee submits a
  160  written request for maintenance of the exemption to the
  161  custodial agency.
  162         4. The exemptions in this paragraph apply to information
  163  held by an agency before, on, or after the effective date of the
  164  exemption.
  165         5. This paragraph is subject to the Open Government Sunset
  166  Review Act in accordance with s. 119.15, and shall stand
  167  repealed on October 2, 2017, unless reviewed and saved from
  168  repeal through reenactment by the Legislature.
  169         Section 2. (1) It is the finding of the Legislature that
  170  the dates of birth of agency personnel enumerated in s.
  171  119.071(4)(d), Florida Statutes, and of the spouses and children
  172  of such personnel be included within the types of identification
  173  and location information for such agency personnel and the
  174  spouses and children thereof that are exempt from public record
  175  requirements under s. 119.071(4)(d), Florida Statutes. It is the
  176  finding of the Legislature that date of birth information can be
  177  used as a tool to perpetuate fraud against an individual and to
  178  acquire sensitive personal, financial, medical, and familial
  179  information, the release of which could cause great financial
  180  harm to an individual. It is also the finding of the Legislature
  181  that, with respect to the existing exemptions from public record
  182  requirements for the telephone numbers of agency personnel
  183  enumerated in s. 119.071(4)(d), Florida Statutes, and the
  184  telephone numbers of the spouses and children of such personnel,
  185  the term “telephone number” should be defined and clarified to
  186  include personal pager numbers. Personal pager numbers are
  187  another means by which any of the agency personnel enumerated in
  188  s. 119.071(4)(d), Florida Statutes, and the spouses and children
  189  of such personnel, could potentially be identified, located, and
  190  put at risk.
  191         (2) It is the further finding of the Legislature that
  192  specified identification and location information for former
  193  justices of the Supreme Court, district court of appeal judges,
  194  circuit court judges, and county court judges, and for the
  195  spouses and children of such former justices and judges, should
  196  be exempt from public record requirements. In the course of
  197  making rulings, entering judgments, imposing sentences on the
  198  convicted, or reviewing cases from other courts, justices and
  199  judges frequently do not create good will with litigants, the
  200  accused, the convicted, and their associates and families, thus
  201  making the justices and judges, and their spouses and children,
  202  targets for acts of revenge. This risk continues after justices
  203  and judges complete their public service. Disgruntled
  204  individuals may wait to commit an act of revenge until the
  205  employment of a justice or judge ends. If such identifying and
  206  location information were released, the safety of former
  207  justices and judges and their spouses and children could be
  208  seriously jeopardized. Accordingly, it is the finding of the
  209  Legislature that, in addition to the existing exemption from
  210  public record requirements for specified identifying and
  211  location information for current justices of the Supreme Court,
  212  district court of appeal judges, circuit court judges, and
  213  county court judges, and for their spouses and children, it is a
  214  public necessity that such identifying and location information
  215  for such former justices and judges and their spouses and
  216  children be made exempt from public record requirements.
  217         Section 3. This act shall take effect October 1, 2012.
  218  
  219  ================= T I T L E  A M E N D M E N T ================
  220         And the title is amended as follows:
  221         Delete everything before the enacting clause
  222  and insert:
  223                        A bill to be entitled                      
  224         An act relating to public records; amending s.
  225         119.071, F.S.; including dates of birth within the
  226         types of personal identifying information of specified
  227         agency personnel and the spouses and children of such
  228         personnel that are exempt from public records
  229         requirements under s. 119.071(4)(d), F.S.; clarifying
  230         an exemption for personal identifying information of
  231         active or former law enforcement personnel and the
  232         spouses and children thereof; revising the exemption
  233         for personal identifying and location information of
  234         justices of the Supreme Court, district court of
  235         appeal judges, circuit court judges, and county court
  236         judges, and the spouses and children of such justices
  237         and judges, to include former justices of the Supreme
  238         Court, district court of appeal judges, circuit court
  239         judges, and county court judges, and the spouses and
  240         children thereof; providing for retroactive
  241         application of the exemptions; providing for future
  242         legislative review and repeal of the exemptions;
  243         defining the term “telephone numbers”; providing a
  244         statement of public necessity; providing an effective
  245         date.