Florida Senate - 2014                       CS for CS for SB 238
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Joyner
       
       
       
       
       585-01123-14                                           2014238c2
    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 names of the spouses and
    5         children of current or former public defenders,
    6         assistant public defenders, criminal conflict and
    7         civil regional counsel, and assistant criminal
    8         conflict and civil regional counsel; providing for
    9         future review and repeal of the exemption; providing a
   10         statement of 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 “telephone
   20  numbers” includes home telephone numbers, personal cellular
   21  telephone numbers, personal pager telephone numbers, and
   22  telephone numbers associated with personal communications
   23  devices.
   24         2.a.(I) The home addresses, telephone numbers, social
   25  security numbers, dates of birth, and photographs of active or
   26  former sworn or civilian law enforcement personnel, including
   27  correctional and correctional probation officers, personnel of
   28  the Department of Children and Families whose duties include the
   29  investigation of abuse, neglect, exploitation, fraud, theft, or
   30  other criminal activities, personnel of the Department of Health
   31  whose duties are to support the investigation of child abuse or
   32  neglect, and personnel of the Department of Revenue or local
   33  governments whose responsibilities include revenue collection
   34  and enforcement or child support enforcement; the home
   35  addresses, telephone numbers, social security numbers,
   36  photographs, dates of birth, and places of employment of the
   37  spouses and children of such personnel; and the names and
   38  locations of schools and day care facilities attended by the
   39  children of such personnel are exempt from s. 119.07(1).
   40         (II) The names of the spouses and children of active or
   41  former sworn or civilian law enforcement personnel and the other
   42  specified agency personnel identified in sub-sub-subparagraph
   43  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   44  State Constitution.
   45         (III) Sub-sub-subparagraph (II) is subject to the Open
   46  Government Sunset Review Act in accordance with s. 119.15, and
   47  shall stand repealed on October 2, 2018, unless reviewed and
   48  saved from repeal through reenactment by the Legislature.
   49         b. The home addresses, telephone numbers, dates of birth,
   50  and photographs of firefighters certified in compliance with s.
   51  633.408; the home addresses, telephone numbers, photographs,
   52  dates of birth, and places of employment of the spouses and
   53  children of such firefighters; and the names and locations of
   54  schools and day care facilities attended by the children of such
   55  firefighters are exempt from s. 119.07(1).
   56         c. The home addresses, dates of birth, and telephone
   57  numbers of current or former justices of the Supreme Court,
   58  district court of appeal judges, circuit court judges, and
   59  county court judges; the home addresses, telephone numbers,
   60  dates of birth, and places of employment of the spouses and
   61  children of current or former justices and judges; and the names
   62  and locations of schools and day care facilities attended by the
   63  children of current or former justices and judges are exempt
   64  from s. 119.07(1).
   65         d.(I) The home addresses, telephone numbers, social
   66  security numbers, dates of birth, and photographs of current or
   67  former state attorneys, assistant state attorneys, statewide
   68  prosecutors, or assistant statewide prosecutors; the home
   69  addresses, telephone numbers, social security numbers,
   70  photographs, dates of birth, and places of employment of the
   71  spouses and children of current or former state attorneys,
   72  assistant state attorneys, statewide prosecutors, or assistant
   73  statewide prosecutors; and the names and locations of schools
   74  and day care facilities attended by the children of current or
   75  former state attorneys, assistant state attorneys, statewide
   76  prosecutors, or assistant statewide prosecutors are exempt from
   77  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   78         (II) The names of the spouses and children of current or
   79  former state attorneys, assistant state attorneys, statewide
   80  prosecutors, or assistant statewide prosecutors are exempt from
   81  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   82         (III) Sub-sub-subparagraph (II) is subject to the Open
   83  Government Sunset Review Act in accordance with s. 119.15, and
   84  shall stand repealed on October 2, 2018, unless reviewed and
   85  saved from repeal through reenactment by the Legislature.
   86         e. The home addresses, dates of birth, and telephone
   87  numbers of general magistrates, special magistrates, judges of
   88  compensation claims, administrative law judges of the Division
   89  of Administrative Hearings, and child support enforcement
   90  hearing officers; the home addresses, telephone numbers, dates
   91  of birth, and places of employment of the spouses and children
   92  of general magistrates, special magistrates, judges of
   93  compensation claims, administrative law judges of the Division
   94  of Administrative Hearings, and child support enforcement
   95  hearing officers; and the names and locations of schools and day
   96  care facilities attended by the children of general magistrates,
   97  special magistrates, judges of compensation claims,
   98  administrative law judges of the Division of Administrative
   99  Hearings, and child support enforcement hearing officers are
  100  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  101  Constitution if the general magistrate, special magistrate,
  102  judge of compensation claims, administrative law judge of the
  103  Division of Administrative Hearings, or child support hearing
  104  officer provides a written statement that the general
  105  magistrate, special magistrate, judge of compensation claims,
  106  administrative law judge of the Division of Administrative
  107  Hearings, or child support hearing officer has made reasonable
  108  efforts to protect such information from being accessible
  109  through other means available to the public.
  110         f. The home addresses, telephone numbers, dates of birth,
  111  and photographs of current or former human resource, labor
  112  relations, or employee relations directors, assistant directors,
  113  managers, or assistant managers of any local government agency
  114  or water management district whose duties include hiring and
  115  firing employees, labor contract negotiation, administration, or
  116  other personnel-related duties; the names, home addresses,
  117  telephone numbers, dates of birth, and places of employment of
  118  the spouses and children of such personnel; and the names and
  119  locations of schools and day care facilities attended by the
  120  children of such personnel are exempt from s. 119.07(1) and s.
  121  24(a), Art. I of the State Constitution.
  122         g. The home addresses, telephone numbers, dates of birth,
  123  and photographs of current or former code enforcement officers;
  124  the names, home addresses, telephone numbers, dates of birth,
  125  and places of employment of the spouses and children of such
  126  personnel; and the names and locations of schools and day care
  127  facilities attended by the children of such personnel are exempt
  128  from s. 119.07(1) and s. 24(a), Art. I of the State
  129  Constitution.
  130         h. The home addresses, telephone numbers, places of
  131  employment, dates of birth, and photographs of current or former
  132  guardians ad litem, as defined in s. 39.820; the names, home
  133  addresses, telephone numbers, dates of birth, and places of
  134  employment of the spouses and children of such persons; and the
  135  names and locations of schools and day care facilities attended
  136  by the children of such persons are exempt from s. 119.07(1) and
  137  s. 24(a), Art. I of the State Constitution, if the guardian ad
  138  litem provides a written statement that the guardian ad litem
  139  has made reasonable efforts to protect such information from
  140  being accessible through other means available to the public.
  141         i. The home addresses, telephone numbers, dates of birth,
  142  and photographs of current or former juvenile probation
  143  officers, juvenile probation supervisors, detention
  144  superintendents, assistant detention superintendents, juvenile
  145  justice detention officers I and II, juvenile justice detention
  146  officer supervisors, juvenile justice residential officers,
  147  juvenile justice residential officer supervisors I and II,
  148  juvenile justice counselors, juvenile justice counselor
  149  supervisors, human services counselor administrators, senior
  150  human services counselor administrators, rehabilitation
  151  therapists, and social services counselors of the Department of
  152  Juvenile Justice; the names, home addresses, telephone numbers,
  153  dates of birth, and places of employment of spouses and children
  154  of such personnel; and the names and locations of schools and
  155  day care facilities attended by the children of such personnel
  156  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  157  Constitution.
  158         j.(I) The home addresses, telephone numbers, dates of
  159  birth, and photographs of current or former public defenders,
  160  assistant public defenders, criminal conflict and civil regional
  161  counsel, and assistant criminal conflict and civil regional
  162  counsel; the home addresses, telephone numbers, dates of birth,
  163  and places of employment of the spouses and children of such
  164  defenders or counsel; and the names and locations of schools and
  165  day care facilities attended by the children of such defenders
  166  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  167  the State Constitution.
  168         (II) The names of the spouses and children of the specified
  169  agency personnel identified in sub-sub-subparagraph (I) are
  170  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  171  Constitution. This sub-sub-subparagraph is subject to the Open
  172  Government Sunset Review Act in accordance with s. 119.15 and
  173  shall stand repealed on October 2, 2019, unless reviewed and
  174  saved from repeal through reenactment by the Legislature.
  175         k. The home addresses, telephone numbers, and photographs
  176  of current or former investigators or inspectors of the
  177  Department of Business and Professional Regulation; the names,
  178  home addresses, telephone numbers, and places of employment of
  179  the spouses and children of such current or former investigators
  180  and inspectors; and the names and locations of schools and day
  181  care facilities attended by the children of such current or
  182  former investigators and inspectors are exempt from s. 119.07(1)
  183  and s. 24(a), Art. I of the State Constitution if the
  184  investigator or inspector has made reasonable efforts to protect
  185  such information from being accessible through other means
  186  available to the public. This sub-subparagraph is subject to the
  187  Open Government Sunset Review Act in accordance with s. 119.15
  188  and shall stand repealed on October 2, 2017, unless reviewed and
  189  saved from repeal through reenactment by the Legislature.
  190         l. The home addresses and telephone numbers of county tax
  191  collectors; the names, home addresses, telephone numbers, and
  192  places of employment of the spouses and children of such tax
  193  collectors; and the names and locations of schools and day care
  194  facilities attended by the children of such tax collectors are
  195  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  196  Constitution if the county tax collector has made reasonable
  197  efforts to protect such information from being accessible
  198  through other means available to the public. This sub
  199  subparagraph is subject to the Open Government Sunset Review Act
  200  in accordance with s. 119.15 and shall stand repealed on October
  201  2, 2017, unless reviewed and saved from repeal through
  202  reenactment by the Legislature.
  203         3. An agency that is the custodian of the information
  204  specified in subparagraph 2. and that is not the employer of the
  205  officer, employee, justice, judge, or other person specified in
  206  subparagraph 2. shall maintain the exempt status of that
  207  information only if the officer, employee, justice, judge, other
  208  person, or employing agency of the designated employee submits a
  209  written request for maintenance of the exemption to the
  210  custodial agency.
  211         4. The exemptions in this paragraph apply to information
  212  held by an agency before, on, or after the effective date of the
  213  exemption.
  214         5. Except as otherwise expressly provided in this
  215  paragraph, this paragraph is subject to the Open Government
  216  Sunset Review Act in accordance with s. 119.15, and shall stand
  217  repealed on October 2, 2017, unless reviewed and saved from
  218  repeal through reenactment by the Legislature.
  219         Section 2. The Legislature finds that it is a public
  220  necessity that the names of the spouses and children of current
  221  or former public defenders, assistant public defenders, criminal
  222  conflict and civil regional counsel, and assistant criminal
  223  conflict and civil regional counsel be made exempt from s.
  224  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  225  State Constitution. Public defenders, assistant public
  226  defenders, criminal conflict and civil regional counsel, and
  227  assistant criminal conflict and civil regional counsel personnel
  228  in this state perform a variety of important duties that ensure
  229  public safety and welfare and encourage safe and civil
  230  communities. These persons work with felons, many of whom have
  231  committed violent crimes. As a result of their duties, such
  232  personnel often come in close contact with individuals who not
  233  only may be a threat to these personnel, but who might seek to
  234  take revenge against them by harming their spouses and children.
  235  These attorneys also interact with the victims of crime.
  236  Allowing access to the names of the spouses and children of
  237  current or former public defenders, assistant public defenders,
  238  criminal conflict and civil regional counsel, and assistant
  239  criminal conflict and civil regional counsel provides a means by
  240  which individuals who have been investigated, arrested,
  241  interrogated, or incarcerated can identify and cause physical or
  242  emotional harm to these spouses and children. In addition,
  243  criminal conflict and civil regional counsel and their
  244  assistants provide representation in sensitive civil matters,
  245  such as those in which a person’s parental rights may be
  246  terminated based on allegations of perpetrating abuse and
  247  neglect against a child. By providing legal representation in
  248  criminal and civil matters, these attorneys provide a valuable
  249  service. The Legislature therefore finds that the harm that may
  250  result from the release of the names of spouses and children of
  251  current or former public defenders, assistant public defenders,
  252  criminal conflict and civil regional counsel, and assistant
  253  criminal conflict and civil regional counsel outweighs any
  254  public benefit that may be derived from the disclosure of the
  255  information.
  256         Section 3. This act shall take effect October 1, 2014.