Florida Senate - 2015                             CS for SB 1324
       
       
        
       By the Committee on Criminal Justice; and Senator Latvala
       
       
       
       
       
       591-03143-15                                          20151324c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing exemptions from public
    4         records requirements for certain information related
    5         to active or former sworn or civilian law enforcement
    6         personnel and specified agency personnel, current and
    7         former state attorneys, assistant state attorneys,
    8         statewide prosecutors, assistant statewide
    9         prosecutors, public defenders, assistant public
   10         defenders, criminal conflict and civil regional
   11         counsel, assistant criminal conflict and civil
   12         regional counsel, capital collateral regional counsel,
   13         and assistant capital collateral regional counsel and
   14         their parents, siblings, or cohabitants; providing for
   15         future legislative review and repeal of the
   16         exemptions; providing a statement of public necessity;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) of subsection (4) of section
   22  119.071, Florida Statutes, is amended to read:
   23         119.071 General exemptions from inspection or copying of
   24  public records.—
   25         (4) AGENCY PERSONNEL INFORMATION.—
   26         (d)1. For purposes of this paragraph, the term “telephone
   27  numbers” includes home telephone numbers, personal cellular
   28  telephone numbers, personal pager telephone numbers, and
   29  telephone numbers associated with personal communications
   30  devices.
   31         2.a.(I) The home addresses, telephone numbers, social
   32  security numbers, dates of birth, and photographs of active or
   33  former sworn or civilian law enforcement personnel, including
   34  correctional and correctional probation officers, personnel of
   35  the Department of Children and Families whose duties include the
   36  investigation of abuse, neglect, exploitation, fraud, theft, or
   37  other criminal activities, personnel of the Department of Health
   38  whose duties are to support the investigation of child abuse or
   39  neglect, and personnel of the Department of Revenue or local
   40  governments whose responsibilities include revenue collection
   41  and enforcement or child support enforcement; the home
   42  addresses, telephone numbers, social security numbers,
   43  photographs, dates of birth, and places of employment of the
   44  spouses and children of such personnel; and the names and
   45  locations of schools and day care facilities attended by the
   46  children of such personnel are exempt from s. 119.07(1).
   47         (II) The names of the spouses and children of active or
   48  former sworn or civilian law enforcement personnel and the other
   49  specified agency personnel identified in sub-sub-subparagraph
   50  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   51  State Constitution.
   52         (III) Sub-sub-subparagraph (II) is subject to the Open
   53  Government Sunset Review Act in accordance with s. 119.15, and
   54  shall stand repealed on October 2, 2018, unless reviewed and
   55  saved from repeal through reenactment by the Legislature.
   56         (IV) Residential addresses, including former residences and
   57  residences in which the person frequently resides other than the
   58  person’s home address, e-mail addresses, driver license numbers,
   59  license plate numbers, and banking and financial information of
   60  active or former sworn or civilian law enforcement personnel and
   61  the other specified agency personnel identified in sub-sub
   62  subparagraph (I) and the home addresses, telephone numbers,
   63  social security numbers, photographs, dates of birth, and places
   64  of employment of the parents, siblings, and cohabitants of
   65  active or former sworn or civilian law enforcement personnel and
   66  the other specified agency personnel identified in sub-sub
   67  subparagraph (I) are exempt from s. 119.07(1) and s. 24(a), Art.
   68  I of the State Constitution. This sub-sub-subparagraph is
   69  subject to the Open Government Sunset Review Act in accordance
   70  with s. 119.15 and shall stand repealed on October 2, 2020,
   71  unless reviewed and saved from repeal through reenactment by the
   72  Legislature.
   73         b. The home addresses, telephone numbers, dates of birth,
   74  and photographs of firefighters certified in compliance with s.
   75  633.408; the home addresses, telephone numbers, photographs,
   76  dates of birth, and places of employment of the spouses and
   77  children of such firefighters; and the names and locations of
   78  schools and day care facilities attended by the children of such
   79  firefighters are exempt from s. 119.07(1).
   80         c. The home addresses, dates of birth, and telephone
   81  numbers of current or former justices of the Supreme Court,
   82  district court of appeal judges, circuit court judges, and
   83  county court judges; the home addresses, telephone numbers,
   84  dates of birth, and places of employment of the spouses and
   85  children of current or former justices and judges; and the names
   86  and locations of schools and day care facilities attended by the
   87  children of current or former justices and judges are exempt
   88  from s. 119.07(1).
   89         d.(I) The home addresses, telephone numbers, social
   90  security numbers, dates of birth, and photographs of current or
   91  former state attorneys, assistant state attorneys, statewide
   92  prosecutors, or assistant statewide prosecutors; the home
   93  addresses, telephone numbers, social security numbers,
   94  photographs, dates of birth, and places of employment of the
   95  spouses and children of current or former state attorneys,
   96  assistant state attorneys, statewide prosecutors, or assistant
   97  statewide prosecutors; and the names and locations of schools
   98  and day care facilities attended by the children of current or
   99  former state attorneys, assistant state attorneys, statewide
  100  prosecutors, or assistant statewide prosecutors are exempt from
  101  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  102         (II) The names of the spouses and children of current or
  103  former state attorneys, assistant state attorneys, statewide
  104  prosecutors, or assistant statewide prosecutors are exempt from
  105  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  106         (III) Sub-sub-subparagraph (II) is subject to the Open
  107  Government Sunset Review Act in accordance with s. 119.15, and
  108  shall stand repealed on October 2, 2018, unless reviewed and
  109  saved from repeal through reenactment by the Legislature.
  110         (IV) Residential addresses, including former residences and
  111  residences in which the person frequently resides other than the
  112  person’s home address, e-mail addresses, driver license numbers,
  113  license plate numbers, and banking and financial information of
  114  current or former state attorneys, assistant state attorneys,
  115  statewide prosecutors, or assistant statewide prosecutors and
  116  the home addresses, telephone numbers, social security numbers,
  117  photographs, dates of birth, and places of employment of the
  118  parents, siblings, and cohabitants of current or former state
  119  attorneys, assistant state attorneys, statewide prosecutors, or
  120  assistant statewide prosecutors are exempt from s. 119.07(1) and
  121  s. 24(a), Art. I of the State Constitution. This sub-sub
  122  subparagraph is subject to the Open Government Sunset Review Act
  123  in accordance with s. 119.15 and shall stand repealed on October
  124  2, 2020, unless reviewed and saved from repeal through
  125  reenactment by the Legislature.
  126         e. The home addresses, dates of birth, and telephone
  127  numbers of general magistrates, special magistrates, judges of
  128  compensation claims, administrative law judges of the Division
  129  of Administrative Hearings, and child support enforcement
  130  hearing officers; the home addresses, telephone numbers, dates
  131  of birth, and places of employment of the spouses and children
  132  of general magistrates, special magistrates, judges of
  133  compensation claims, administrative law judges of the Division
  134  of Administrative Hearings, and child support enforcement
  135  hearing officers; and the names and locations of schools and day
  136  care facilities attended by the children of general magistrates,
  137  special magistrates, judges of compensation claims,
  138  administrative law judges of the Division of Administrative
  139  Hearings, and child support enforcement hearing officers are
  140  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  141  Constitution if the general magistrate, special magistrate,
  142  judge of compensation claims, administrative law judge of the
  143  Division of Administrative Hearings, or child support hearing
  144  officer provides a written statement that the general
  145  magistrate, special magistrate, judge of compensation claims,
  146  administrative law judge of the Division of Administrative
  147  Hearings, or child support hearing officer has made reasonable
  148  efforts to protect such information from being accessible
  149  through other means available to the public.
  150         f. The home addresses, telephone numbers, dates of birth,
  151  and photographs of current or former human resource, labor
  152  relations, or employee relations directors, assistant directors,
  153  managers, or assistant managers of any local government agency
  154  or water management district whose duties include hiring and
  155  firing employees, labor contract negotiation, administration, or
  156  other personnel-related duties; the names, home addresses,
  157  telephone numbers, dates of birth, and places of employment of
  158  the spouses and children of such personnel; and the names and
  159  locations of schools and day care facilities attended by the
  160  children of such personnel are exempt from s. 119.07(1) and s.
  161  24(a), Art. I of the State Constitution.
  162         g. The home addresses, telephone numbers, dates of birth,
  163  and photographs of current or former code enforcement officers;
  164  the names, home addresses, telephone numbers, dates of birth,
  165  and places of employment of the spouses and children of such
  166  personnel; and the names and locations of schools and day care
  167  facilities attended by the children of such personnel are exempt
  168  from s. 119.07(1) and s. 24(a), Art. I of the State
  169  Constitution.
  170         h. The home addresses, telephone numbers, places of
  171  employment, dates of birth, and photographs of current or former
  172  guardians ad litem, as defined in s. 39.820; the names, home
  173  addresses, telephone numbers, dates of birth, and places of
  174  employment of the spouses and children of such persons; and the
  175  names and locations of schools and day care facilities attended
  176  by the children of such persons are exempt from s. 119.07(1) and
  177  s. 24(a), Art. I of the State Constitution, if the guardian ad
  178  litem provides a written statement that the guardian ad litem
  179  has made reasonable efforts to protect such information from
  180  being accessible through other means available to the public.
  181         i. The home addresses, telephone numbers, dates of birth,
  182  and photographs of current or former juvenile probation
  183  officers, juvenile probation supervisors, detention
  184  superintendents, assistant detention superintendents, juvenile
  185  justice detention officers I and II, juvenile justice detention
  186  officer supervisors, juvenile justice residential officers,
  187  juvenile justice residential officer supervisors I and II,
  188  juvenile justice counselors, juvenile justice counselor
  189  supervisors, human services counselor administrators, senior
  190  human services counselor administrators, rehabilitation
  191  therapists, and social services counselors of the Department of
  192  Juvenile Justice; the names, home addresses, telephone numbers,
  193  dates of birth, and places of employment of spouses and children
  194  of such personnel; and the names and locations of schools and
  195  day care facilities attended by the children of such personnel
  196  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  197  Constitution.
  198         j.(I) The home addresses, telephone numbers, dates of
  199  birth, and photographs of current or former public defenders,
  200  assistant public defenders, criminal conflict and civil regional
  201  counsel, and assistant criminal conflict and civil regional
  202  counsel; the home addresses, telephone numbers, dates of birth,
  203  and places of employment of the spouses and children of such
  204  defenders or counsel; and the names and locations of schools and
  205  day care facilities attended by the children of such defenders
  206  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  207  the State Constitution.
  208         (II) The names of the spouses and children of the specified
  209  agency personnel identified in sub-sub-subparagraph (I) are
  210  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  211  Constitution. This sub-sub-subparagraph is subject to the Open
  212  Government Sunset Review Act in accordance with s. 119.15 and
  213  shall stand repealed on October 2, 2019, unless reviewed and
  214  saved from repeal through reenactment by the Legislature.
  215         (III) Residential addresses, including former residences
  216  and residences in which the person frequently resides other than
  217  the person’s home address, e-mail addresses, driver license
  218  numbers, license plate numbers, and banking and financial
  219  information of current or former public defenders, assistant
  220  public defenders, criminal conflict and civil regional counsel,
  221  assistant criminal conflict and civil regional counsel, capital
  222  collateral regional counsel, and assistant capital collateral
  223  regional counsel, and the home addresses, telephone numbers,
  224  social security numbers, photographs, dates of birth, and places
  225  of employment of the parents, siblings, and cohabitants of
  226  current or former public defenders, assistant public defenders,
  227  criminal conflict and civil regional counsel, assistant criminal
  228  conflict and civil regional counsel, capital collateral regional
  229  counsel, and assistant capital collateral regional counsel are
  230  exempt from s. 24(a), Art. I of the State Constitution. This
  231  sub-sub-subparagraph is subject to the Open Government Sunset
  232  Review Act in accordance with s. 119.15 and shall stand repealed
  233  on October 2, 2020, unless reviewed and saved from repeal
  234  through reenactment by the Legislature.
  235         k. The home addresses, telephone numbers, and photographs
  236  of current or former investigators or inspectors of the
  237  Department of Business and Professional Regulation; the names,
  238  home addresses, telephone numbers, and places of employment of
  239  the spouses and children of such current or former investigators
  240  and inspectors; and the names and locations of schools and day
  241  care facilities attended by the children of such current or
  242  former investigators and inspectors are exempt from s. 119.07(1)
  243  and s. 24(a), Art. I of the State Constitution if the
  244  investigator or inspector has made reasonable efforts to protect
  245  such information from being accessible through other means
  246  available to the public. This sub-subparagraph is subject to the
  247  Open Government Sunset Review Act in accordance with s. 119.15
  248  and shall stand repealed on October 2, 2017, unless reviewed and
  249  saved from repeal through reenactment by the Legislature.
  250         l. The home addresses and telephone numbers of county tax
  251  collectors; the names, home addresses, telephone numbers, and
  252  places of employment of the spouses and children of such tax
  253  collectors; and the names and locations of schools and day care
  254  facilities attended by the children of such tax collectors are
  255  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  256  Constitution if the county tax collector has made reasonable
  257  efforts to protect such information from being accessible
  258  through other means available to the public. This sub
  259  subparagraph is subject to the Open Government Sunset Review Act
  260  in accordance with s. 119.15 and shall stand repealed on October
  261  2, 2017, unless reviewed and saved from repeal through
  262  reenactment by the Legislature.
  263         m. The home addresses, telephone numbers, dates of birth,
  264  and photographs of current or former personnel of the Department
  265  of Health whose duties include, or result in, the determination
  266  or adjudication of eligibility for social security disability
  267  benefits, the investigation or prosecution of complaints filed
  268  against health care practitioners, or the inspection of health
  269  care practitioners or health care facilities licensed by the
  270  Department of Health; the names, home addresses, telephone
  271  numbers, dates of birth, and places of employment of the spouses
  272  and children of such personnel; and the names and locations of
  273  schools and day care facilities attended by the children of such
  274  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  275  the State Constitution if the personnel have made reasonable
  276  efforts to protect such information from being accessible
  277  through other means available to the public. This sub
  278  subparagraph is subject to the Open Government Sunset Review Act
  279  in accordance with s. 119.15 and shall stand repealed on October
  280  2, 2019, unless reviewed and saved from repeal through
  281  reenactment by the Legislature.
  282         3. An agency that is the custodian of the information
  283  specified in subparagraph 2. and that is not the employer of the
  284  officer, employee, justice, judge, or other person specified in
  285  subparagraph 2. shall maintain the exempt status of that
  286  information only if the officer, employee, justice, judge, other
  287  person, or employing agency of the designated employee submits a
  288  written request for maintenance of the exemption to the
  289  custodial agency.
  290         4. The exemptions in this paragraph apply to information
  291  held by an agency before, on, or after the effective date of the
  292  exemption.
  293         5. Except as otherwise expressly provided in this
  294  paragraph, this paragraph is subject to the Open Government
  295  Sunset Review Act in accordance with s. 119.15, and shall stand
  296  repealed on October 2, 2017, unless reviewed and saved from
  297  repeal through reenactment by the Legislature.
  298         Section 2.  The Legislature finds that it is a public
  299  necessity that the residential addresses, e-mail addresses,
  300  driver license numbers, license plate numbers, and banking and
  301  financial information of active or former sworn or civilian law
  302  enforcement personnel, including correctional and correctional
  303  probation officers, personnel of the Department of Children and
  304  Families whose duties include the investigation of abuse,
  305  neglect, exploitation, fraud, theft, or other criminal
  306  activities, personnel of the Department of Health whose duties
  307  are to support the investigation of child abuse or neglect,
  308  personnel of the Department of Revenue or local governments
  309  whose responsibilities include revenue collection and
  310  enforcement or child support enforcement, current or former
  311  state attorneys, assistant state attorneys, statewide
  312  prosecutors, assistant statewide prosecutors, public defenders,
  313  assistant public defenders, criminal conflict and civil regional
  314  counsel, assistant criminal conflict and civil regional counsel,
  315  capital collateral regional counsel, and assistant capital
  316  collateral regional counsel be made exempt from s. 119.07(1),
  317  Florida Statutes, and s. 24(a), Article I of the State
  318  Constitution. The Legislature further finds that it is a public
  319  necessity that the home addresses, telephone numbers, social
  320  security numbers, photographs, dates of birth, and places of
  321  employment of the parents, siblings, and cohabitants of such
  322  persons be made exempt from s. 119.07(1), Florida Statutes, and
  323  s. 24(a), Article I of the State Constitution. The Legislature
  324  finds that the release of such identifying and location
  325  information could place the person, or a parent, sibling, or
  326  cohabitant of the person, in danger of being physically and
  327  emotionally harmed or being stalked by a defendant or other
  328  person. The Legislature finds that the harm that may result from
  329  the release of such identifying and location information
  330  outweighs any public benefit that may be derived from the
  331  disclosure of the information.
  332         Section 3. This act shall take effect July 1, 2015.