Florida Senate - 2012                              CS for SB 916
       
       
       
       By the Committee on Criminal Justice; and Senators Oelrich and
       Garcia
       
       
       
       591-03790-12                                           2012916c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; including dates of birth within the
    4         types of personal identifying information of specified
    5         agency personnel and the spouses and children of such
    6         personnel which are exempt from public records
    7         requirements under s. 119.071(4)(d), F.S.; clarifying
    8         an exemption for personal identifying information of
    9         active or former law enforcement personnel and the
   10         spouses and children thereof; revising the exemption
   11         for personal identifying and location information of
   12         justices of the Supreme Court, district court of
   13         appeal judges, circuit court judges, and county court
   14         judges, and the spouses and children of such justices
   15         and judges, to include former justices of the Supreme
   16         Court, district court of appeal judges, circuit court
   17         judges, and county court judges, and the spouses and
   18         children thereof; providing for retroactive
   19         application of the exemptions; providing for future
   20         legislative review and repeal of the exemptions;
   21         defining the term “telephone numbers”; providing a
   22         statement of public necessity; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (d) of subsection (4) of section
   28  119.071, Florida Statutes, is amended to read:
   29         119.071 General exemptions from inspection or copying of
   30  public records.—
   31         (4) AGENCY PERSONNEL INFORMATION.—
   32         (d)1. For purposes of this paragraph, the term “telephone
   33  numbers” includes home telephone numbers, personal cellular
   34  telephone numbers, personal pager telephone numbers, and
   35  telephone numbers associated with personal communications
   36  devices.
   37         2.a. The home addresses, telephone numbers, social security
   38  numbers, dates of birth, and photographs of active or former
   39  sworn or civilian law enforcement personnel, including
   40  correctional and correctional probation officers, personnel of
   41  the Department of Children and Family Services whose duties
   42  include the investigation of abuse, neglect, exploitation,
   43  fraud, theft, or other criminal activities, personnel of the
   44  Department of Health whose duties are to support the
   45  investigation of child abuse or neglect, and personnel of the
   46  Department of Revenue or local governments whose
   47  responsibilities include revenue collection and enforcement or
   48  child support enforcement; the home addresses, telephone
   49  numbers, social security numbers, photographs, dates of birth,
   50  and places of employment of the spouses and children of such
   51  personnel; and the names and locations of schools and day care
   52  facilities attended by the children of such personnel are exempt
   53  from s. 119.07(1).
   54         b. The home addresses, telephone numbers, dates of birth,
   55  and photographs of firefighters certified in compliance with s.
   56  633.35; the home addresses, telephone numbers, photographs,
   57  dates of birth, and places of employment of the spouses and
   58  children of such firefighters; and the names and locations of
   59  schools and day care facilities attended by the children of such
   60  firefighters are exempt from s. 119.07(1).
   61         c. The home addresses, dates of birth, and telephone
   62  numbers of current or former justices of the Supreme Court,
   63  district court of appeal judges, circuit court judges, and
   64  county court judges; the home addresses, telephone numbers,
   65  dates of birth, and places of employment of the spouses and
   66  children of current or former justices and judges; and the names
   67  and locations of schools and day care facilities attended by the
   68  children of current or former justices and judges are exempt
   69  from s. 119.07(1).
   70         d. The home addresses, telephone numbers, social security
   71  numbers, dates of birth, and photographs of current or former
   72  state attorneys, assistant state attorneys, statewide
   73  prosecutors, or assistant statewide prosecutors; the home
   74  addresses, telephone numbers, social security numbers,
   75  photographs, dates of birth, and places of employment of the
   76  spouses and children of current or former state attorneys,
   77  assistant state attorneys, statewide prosecutors, or assistant
   78  statewide prosecutors; and the names and locations of schools
   79  and day care facilities attended by the children of current or
   80  former state attorneys, assistant state attorneys, statewide
   81  prosecutors, or assistant statewide prosecutors are exempt from
   82  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   83         e. The home addresses, dates of birth, and telephone
   84  numbers of general magistrates, special magistrates, judges of
   85  compensation claims, administrative law judges of the Division
   86  of Administrative Hearings, and child support enforcement
   87  hearing officers; the home addresses, telephone numbers, dates
   88  of birth, and places of employment of the spouses and children
   89  of general magistrates, special magistrates, judges of
   90  compensation claims, administrative law judges of the Division
   91  of Administrative Hearings, and child support enforcement
   92  hearing officers; and the names and locations of schools and day
   93  care facilities attended by the children of general magistrates,
   94  special magistrates, judges of compensation claims,
   95  administrative law judges of the Division of Administrative
   96  Hearings, and child support enforcement hearing officers are
   97  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   98  Constitution if the general magistrate, special magistrate,
   99  judge of compensation claims, administrative law judge of the
  100  Division of Administrative Hearings, or child support hearing
  101  officer provides a written statement that the general
  102  magistrate, special magistrate, judge of compensation claims,
  103  administrative law judge of the Division of Administrative
  104  Hearings, or child support hearing officer has made reasonable
  105  efforts to protect such information from being accessible
  106  through other means available to the public. This sub
  107  subparagraph is subject to the Open Government Sunset Review Act
  108  in accordance with s. 119.15, and shall stand repealed on
  109  October 2, 2013, unless reviewed and saved from repeal through
  110  reenactment by the Legislature.
  111         f. The home addresses, telephone numbers, dates of birth,
  112  and photographs of current or former human resource, labor
  113  relations, or employee relations directors, assistant directors,
  114  managers, or assistant managers of any local government agency
  115  or water management district whose duties include hiring and
  116  firing employees, labor contract negotiation, administration, or
  117  other personnel-related duties; the names, home addresses,
  118  telephone numbers, dates of birth, and places of employment of
  119  the spouses and children of such personnel; and the names and
  120  locations of schools and day care facilities attended by the
  121  children of such personnel are exempt from s. 119.07(1) and s.
  122  24(a), Art. I of the State Constitution.
  123         g. The home addresses, telephone numbers, dates of birth,
  124  and photographs of current or former code enforcement officers;
  125  the names, home addresses, telephone numbers, dates of birth,
  126  and places of employment of the spouses and children of such
  127  personnel; and the names and locations of schools and day care
  128  facilities attended by the children of such personnel are exempt
  129  from s. 119.07(1) and s. 24(a), Art. I of the State
  130  Constitution.
  131         h. The home addresses, telephone numbers, places of
  132  employment, dates of birth, and photographs of current or former
  133  guardians ad litem, as defined in s. 39.820; the names, home
  134  addresses, telephone numbers, dates of birth, and places of
  135  employment of the spouses and children of such persons; and the
  136  names and locations of schools and day care facilities attended
  137  by the children of such persons are exempt from s. 119.07(1) and
  138  s. 24(a), Art. I of the State Constitution, if the guardian ad
  139  litem provides a written statement that the guardian ad litem
  140  has made reasonable efforts to protect such information from
  141  being accessible through other means available to the public.
  142  This sub-subparagraph is subject to the Open Government Sunset
  143  Review Act in accordance with s. 119.15 and shall stand repealed
  144  on October 2, 2015, unless reviewed and saved from repeal
  145  through reenactment by the Legislature.
  146         i. 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         j. 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  home addresses, telephone numbers, dates of birth, and places of
  168  employment of the spouses and children of such defenders or
  169  counsel; and the names and locations of schools and day care
  170  facilities attended by the children of such defenders or counsel
  171  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  172  Constitution. This sub-subparagraph is subject to the Open
  173  Government Sunset Review Act in accordance with s. 119.15 and
  174  shall stand repealed on October 2, 2015, unless reviewed and
  175  saved from repeal through reenactment by the Legislature.
  176         3.2. An agency that is the custodian of the information
  177  specified in subparagraph 2. 1. and that is not the employer of
  178  the officer, employee, justice, judge, or other person specified
  179  in subparagraph 2. 1. shall maintain the exempt status of that
  180  information only if the officer, employee, justice, judge, other
  181  person, or employing agency of the designated employee submits a
  182  written request for maintenance of the exemption to the
  183  custodial agency.
  184         4. The exemptions in this paragraph apply to information
  185  held by an agency before, on, or after the effective date of the
  186  exemption.
  187         5. This paragraph is subject to the Open Government Sunset
  188  Review Act in accordance with s. 119.15, and shall stand
  189  repealed on October 2, 2017, unless reviewed and saved from
  190  repeal through reenactment by the Legislature.
  191         Section 2. (1) It is the finding of the Legislature that
  192  the dates of birth of agency personnel enumerated in s.
  193  119.071(4)(d), Florida Statutes, and of the spouses and children
  194  of such personnel be included within the types of identification
  195  and location information for such agency personnel and the
  196  spouses and children thereof which are exempt from public record
  197  requirements under s. 119.071(4)(d), Florida Statutes. It is the
  198  finding of the Legislature that date of birth information can be
  199  used as a tool to perpetuate fraud against an individual and to
  200  acquire sensitive personal, financial, medical, and familial
  201  information, the release of which could cause great financial
  202  harm to an individual. It is also the finding of the Legislature
  203  that, with respect to the existing exemptions from public record
  204  requirements for the telephone numbers of agency personnel
  205  enumerated in s. 119.071(4)(d), Florida Statutes, and the
  206  telephone numbers of the spouses and children of such personnel,
  207  the term “telephone number” should be defined and clarified to
  208  include personal pager numbers. Personal pager numbers are
  209  another means by which any of the agency personnel enumerated in
  210  s. 119.071(4)(d), Florida Statutes, and the spouses and children
  211  of such personnel, could potentially be identified, located, and
  212  put at risk.
  213         (2) It is the further finding of the Legislature that
  214  specified identification and location information for former
  215  justices of the Supreme Court, district court of appeal judges,
  216  circuit court judges, and county court judges, and for the
  217  spouses and children of such former justices and judges, should
  218  be exempt from public record requirements. In the course of
  219  making rulings, entering judgments, imposing sentences on the
  220  convicted, or reviewing cases from other courts, justices and
  221  judges frequently do not create good will with litigants, the
  222  accused, the convicted, and their associates and families, thus
  223  making the justices and judges, and their spouses and children,
  224  targets for acts of revenge. This risk continues after justices
  225  and judges complete their public service. Disgruntled
  226  individuals may wait to commit an act of revenge until the
  227  employment of a justice or judge ends. If such identifying and
  228  location information were released, the safety of former
  229  justices and judges and their spouses and children could be
  230  seriously jeopardized. Accordingly, it is the finding of the
  231  Legislature that, in addition to the existing exemption from
  232  public record requirements for specified identifying and
  233  location information for current justices of the Supreme Court,
  234  district court of appeal judges, circuit court judges, and
  235  county court judges, and for their spouses and children, it is a
  236  public necessity that such identifying and location information
  237  for such former justices and judges and their spouses and
  238  children be made exempt from public record requirements.
  239         Section 3. This act shall take effect October 1, 2012.