Florida Senate - 2016                                     SB 752
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00784-16                                            2016752__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for certain identifying and
    5         location information of current or former personnel of
    6         an agency’s office of inspector general and those
    7         whose duties include conducting internal audits, and
    8         the spouses and children thereof; providing for future
    9         legislative review and repeal of the exemption;
   10         providing a statement of public necessity; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1. For purposes of this paragraph, the term “telephone
   21  numbers” includes home telephone numbers, personal cellular
   22  telephone numbers, personal pager telephone numbers, and
   23  telephone numbers associated with personal communications
   24  devices.
   25         2.a.(I) The home addresses, telephone numbers, social
   26  security numbers, dates of birth, and photographs of active or
   27  former sworn or civilian law enforcement personnel, including
   28  correctional and correctional probation officers, personnel of
   29  the Department of Children and Families whose duties include the
   30  investigation of abuse, neglect, exploitation, fraud, theft, or
   31  other criminal activities, personnel of the Department of Health
   32  whose duties are to support the investigation of child abuse or
   33  neglect, and personnel of the Department of Revenue or local
   34  governments whose responsibilities include revenue collection
   35  and enforcement or child support enforcement; the home
   36  addresses, telephone numbers, social security numbers,
   37  photographs, dates of birth, and places of employment of the
   38  spouses and children of such personnel; and the names and
   39  locations of schools and day care facilities attended by the
   40  children of such personnel are exempt from s. 119.07(1).
   41         (II) The names of the spouses and children of active or
   42  former sworn or civilian law enforcement personnel and the other
   43  specified agency personnel identified in sub-sub-subparagraph
   44  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   45  State Constitution.
   46         (III) Sub-sub-subparagraph (II) is subject to the Open
   47  Government Sunset Review Act in accordance with s. 119.15, and
   48  shall stand repealed on October 2, 2018, unless reviewed and
   49  saved from repeal through reenactment by the Legislature.
   50         b. The home addresses, telephone numbers, dates of birth,
   51  and photographs of firefighters certified in compliance with s.
   52  633.408; the home addresses, telephone numbers, photographs,
   53  dates of birth, and places of employment of the spouses and
   54  children of such firefighters; and the names and locations of
   55  schools and day care facilities attended by the children of such
   56  firefighters are exempt from s. 119.07(1).
   57         c. The home addresses, dates of birth, and telephone
   58  numbers of current or former justices of the Supreme Court,
   59  district court of appeal judges, circuit court judges, and
   60  county court judges; the home addresses, telephone numbers,
   61  dates of birth, and places of employment of the spouses and
   62  children of current or former justices and judges; and the names
   63  and locations of schools and day care facilities attended by the
   64  children of current or former justices and judges are exempt
   65  from s. 119.07(1).
   66         d.(I) The home addresses, telephone numbers, social
   67  security numbers, dates of birth, and photographs of current or
   68  former state attorneys, assistant state attorneys, statewide
   69  prosecutors, or assistant statewide prosecutors; the home
   70  addresses, telephone numbers, social security numbers,
   71  photographs, dates of birth, and places of employment of the
   72  spouses and children of current or former state attorneys,
   73  assistant state attorneys, statewide prosecutors, or assistant
   74  statewide prosecutors; and the names and locations of schools
   75  and day care facilities attended by the children of current or
   76  former state attorneys, assistant state attorneys, statewide
   77  prosecutors, or assistant statewide prosecutors are exempt from
   78  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   79         (II) The names of the spouses and 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         (III) Sub-sub-subparagraph (II) is subject to the Open
   84  Government Sunset Review Act in accordance with s. 119.15, and
   85  shall stand repealed on October 2, 2018, unless reviewed and
   86  saved from repeal through reenactment by the Legislature.
   87         e. The home addresses, dates of birth, and telephone
   88  numbers of general magistrates, special magistrates, judges of
   89  compensation claims, administrative law judges of the Division
   90  of Administrative Hearings, and child support enforcement
   91  hearing officers; the home addresses, telephone numbers, dates
   92  of birth, and places of employment of the spouses and children
   93  of general magistrates, special magistrates, judges of
   94  compensation claims, administrative law judges of the Division
   95  of Administrative Hearings, and child support enforcement
   96  hearing officers; and the names and locations of schools and day
   97  care facilities attended by the children of general magistrates,
   98  special magistrates, judges of compensation claims,
   99  administrative law judges of the Division of Administrative
  100  Hearings, and child support enforcement hearing officers are
  101  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  102  Constitution if the general magistrate, special magistrate,
  103  judge of compensation claims, administrative law judge of the
  104  Division of Administrative Hearings, or child support hearing
  105  officer provides a written statement that the general
  106  magistrate, special magistrate, judge of compensation claims,
  107  administrative law judge of the Division of Administrative
  108  Hearings, or child support hearing officer has made reasonable
  109  efforts to protect such information from being accessible
  110  through other means available to the public.
  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         i. The home addresses, telephone numbers, dates of birth,
  143  and photographs of current or former juvenile probation
  144  officers, juvenile probation supervisors, detention
  145  superintendents, assistant detention superintendents, juvenile
  146  justice detention officers I and II, juvenile justice detention
  147  officer supervisors, juvenile justice residential officers,
  148  juvenile justice residential officer supervisors I and II,
  149  juvenile justice counselors, juvenile justice counselor
  150  supervisors, human services counselor administrators, senior
  151  human services counselor administrators, rehabilitation
  152  therapists, and social services counselors of the Department of
  153  Juvenile Justice; the names, home addresses, telephone numbers,
  154  dates of birth, and places of employment of spouses and children
  155  of such personnel; and the names and locations of schools and
  156  day care facilities attended by the children of such personnel
  157  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  158  Constitution.
  159         j.(I) The home addresses, telephone numbers, dates of
  160  birth, and photographs of current or former public defenders,
  161  assistant public defenders, criminal conflict and civil regional
  162  counsel, and assistant criminal conflict and civil regional
  163  counsel; the home addresses, telephone numbers, dates of birth,
  164  and places of employment of the spouses and children of such
  165  defenders or counsel; and the names and locations of schools and
  166  day care facilities attended by the children of such defenders
  167  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  168  the State Constitution.
  169         (II) The names of the spouses and children of the specified
  170  agency personnel identified in sub-sub-subparagraph (I) are
  171  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  172  Constitution. This sub-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, 2019, unless reviewed and
  175  saved from repeal through reenactment by the Legislature.
  176         k. The home addresses, telephone numbers, and photographs
  177  of current or former investigators or inspectors of the
  178  Department of Business and Professional Regulation; the names,
  179  home addresses, telephone numbers, and places of employment of
  180  the spouses and children of such current or former investigators
  181  and inspectors; and the names and locations of schools and day
  182  care facilities attended by the children of such current or
  183  former investigators and inspectors are exempt from s. 119.07(1)
  184  and s. 24(a), Art. I of the State Constitution if the
  185  investigator or inspector has made reasonable efforts to protect
  186  such information from being accessible through other means
  187  available to the public. This sub-subparagraph is subject to the
  188  Open Government Sunset Review Act in accordance with s. 119.15
  189  and shall stand repealed on October 2, 2017, unless reviewed and
  190  saved from repeal through reenactment by the Legislature.
  191         l. The home addresses and telephone numbers of county tax
  192  collectors; the names, home addresses, telephone numbers, and
  193  places of employment of the spouses and children of such tax
  194  collectors; and the names and locations of schools and day care
  195  facilities attended by the children of such tax collectors are
  196  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  197  Constitution if the county tax collector has made reasonable
  198  efforts to protect such information from being accessible
  199  through other means available to the public. This sub
  200  subparagraph is subject to the Open Government Sunset Review Act
  201  in accordance with s. 119.15 and shall stand repealed on October
  202  2, 2017, unless reviewed and saved from repeal through
  203  reenactment by the Legislature.
  204         m. The home addresses, telephone numbers, dates of birth,
  205  and photographs of current or former personnel of the Department
  206  of Health whose duties include, or result in, the determination
  207  or adjudication of eligibility for social security disability
  208  benefits, the investigation or prosecution of complaints filed
  209  against health care practitioners, or the inspection of health
  210  care practitioners or health care facilities licensed by the
  211  Department of Health; the names, home addresses, telephone
  212  numbers, dates of birth, and places of employment of the spouses
  213  and children of such personnel; and the names and locations of
  214  schools and day care facilities attended by the children of such
  215  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  216  the State Constitution if the personnel have made reasonable
  217  efforts to protect such information from being accessible
  218  through other means available to the public. This sub
  219  subparagraph is subject to the Open Government Sunset Review Act
  220  in accordance with s. 119.15 and shall stand repealed on October
  221  2, 2019, unless reviewed and saved from repeal through
  222  reenactment by the Legislature.
  223         n. The home addresses, telephone numbers, dates of birth,
  224  and photographs of current or former impaired practitioner
  225  consultants who are retained by an agency or current or former
  226  employees of an impaired practitioner consultant whose duties
  227  result in a determination of a person’s skill and safety to
  228  practice a licensed profession; the names, home addresses,
  229  telephone numbers, dates of birth, and places of employment of
  230  the spouses and children of such consultants or their employees;
  231  and the names and locations of schools and day care facilities
  232  attended by the children of such consultants or employees are
  233  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  234  Constitution if a consultant or employee has made reasonable
  235  efforts to protect such information from being accessible
  236  through other means available to the public. This sub
  237  subparagraph is subject to the Open Government Sunset Review Act
  238  in accordance with s. 119.15 and shall stand repealed on October
  239  2, 2020, unless reviewed and saved from repeal through
  240  reenactment by the Legislature.
  241         o. The home addresses, telephone numbers, social security
  242  numbers, dates of birth, and photographs of current or former
  243  personnel employed in an agency’s office of inspector general or
  244  those whose duties include conducting internal audits; the
  245  names, home addresses, telephone numbers, social security
  246  numbers, dates of birth, photographs, and places of employment
  247  of spouses and children of such personnel; and the names and
  248  locations of schools and day care facilities attended by the
  249  children of such personnel are exempt from s. 119.07(1) and s.
  250  24(a), Art. I of the State Constitution if the personnel have
  251  made reasonable efforts to protect such information from being
  252  accessible through other means available to the public. This
  253  sub-subparagraph is subject to the Open Government Sunset Review
  254  Act in accordance with s. 119.15 and shall stand repealed on
  255  October 2, 2021, unless reviewed and saved from repeal through
  256  reenactment by the Legislature.
  257         3. An agency that is the custodian of the information
  258  specified in subparagraph 2. and that is not the employer of the
  259  officer, employee, justice, judge, or other person specified in
  260  subparagraph 2. shall maintain the exempt status of that
  261  information only if the officer, employee, justice, judge, other
  262  person, or employing agency of the designated employee submits a
  263  written request for maintenance of the exemption to the
  264  custodial agency.
  265         4. The exemptions in this paragraph apply to information
  266  held by an agency before, on, or after the effective date of the
  267  exemption.
  268         5. Except as otherwise expressly provided in this
  269  paragraph, this paragraph is subject to the Open Government
  270  Sunset Review Act in accordance with s. 119.15, and shall stand
  271  repealed on October 2, 2017, unless reviewed and saved from
  272  repeal through reenactment by the Legislature.
  273         Section 2. (1) The Legislature finds that it is a public
  274  necessity that the following identifying and location
  275  information be exempt from public records requirements if
  276  current or former personnel employed in an agency’s office of
  277  inspector general, or those whose duties include conducting
  278  internal audits, have made reasonable efforts to protect such
  279  information from being accessible through other means available
  280  to the public:
  281         (a) The home addresses, telephone numbers, social security
  282  numbers, dates of birth, and photographs of current or former
  283  personnel employed in an agency’s office of inspector general or
  284  those whose duties include conducting internal audits;
  285         (b) The names, home addresses, telephone numbers, social
  286  security numbers, dates of birth, photographs, and places of
  287  employment of spouses and children of such personnel; and
  288         (c) The names and locations of schools and day care
  289  facilities attended by the children of such personnel.
  290         (2) The Legislature finds that the release of such
  291  identifying and location information might place these current
  292  or former personnel of an agency’s office of inspector general
  293  or other personnel whose duties include conducting internal
  294  audits and their family members in danger of physical and
  295  emotional harm from disgruntled individuals who may react
  296  inappropriately to investigations, audits, and other actions
  297  carried out by such personnel, or to scrutiny of their business
  298  or professional practices. As a result, such personnel and their
  299  family members may become targets for acts of revenge by those
  300  who are investigated or audited. The risk continues after such
  301  personnel leave employment as a disgruntled individual may wait
  302  to commit an act of revenge until the employment of such
  303  personnel ends. The Legislature further finds that the harm that
  304  may result from the release of such personal identifying and
  305  location information outweighs any public benefit that may be
  306  derived from the disclosure of the information.
  307         Section 3. This act shall take effect upon becoming a law.