Florida Senate - 2017                                    SB 1108
       
       
        
       By Senator Artiles
       
       
       
       
       
       40-01176A-17                                          20171108__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding an exemption from public
    4         records requirements for the personal identifying and
    5         location information of certain firefighters and their
    6         spouses and children to include the personal
    7         identifying and location information of former
    8         firefighters and their spouses and children; providing
    9         for future legislative review and repeal of the
   10         exemption; providing a statement of public necessity;
   11         providing 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         (IV) The home addresses, telephone numbers, dates of birth,
   51  and photographs of current or former nonsworn investigative
   52  personnel of the Department of Financial Services whose duties
   53  include the investigation of fraud, theft, workers’ compensation
   54  coverage requirements and compliance, other related criminal
   55  activities, or state regulatory requirement violations; the
   56  names, home addresses, telephone numbers, dates of birth, and
   57  places of employment of the spouses and children of such
   58  personnel; and the names and locations of schools and day care
   59  facilities attended by the children of such personnel are exempt
   60  from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution. This sub-sub-subparagraph is subject to the Open
   62  Government Sunset Review Act in accordance with s. 119.15 and
   63  shall stand repealed on October 2, 2021, unless reviewed and
   64  saved from repeal through reenactment by the Legislature.
   65         b. The home addresses, telephone numbers, dates of birth,
   66  and photographs of current or former firefighters certified in
   67  compliance with s. 633.408; the home addresses, telephone
   68  numbers, photographs, dates of birth, and places of employment
   69  of the spouses and children of such firefighters; and the names
   70  and locations of schools and day care facilities attended by the
   71  children of such firefighters are exempt from s. 119.07(1) and
   72  s. 24(a), Art. I of the State Constitution. This sub
   73  subparagraph is subject to the Open Government Sunset Review Act
   74  in accordance with s. 119.15, and shall stand repealed on
   75  October 2, 2022, unless reviewed and saved from repeal through
   76  reenactment by the Legislature.
   77         c. The home addresses, dates of birth, and telephone
   78  numbers of current or former justices of the Supreme Court,
   79  district court of appeal judges, circuit court judges, and
   80  county court judges; the home addresses, telephone numbers,
   81  dates of birth, and places of employment of the spouses and
   82  children of current or former justices and judges; and the names
   83  and locations of schools and day care facilities attended by the
   84  children of current or former justices and judges are exempt
   85  from s. 119.07(1).
   86         d.(I) The home addresses, telephone numbers, social
   87  security numbers, dates of birth, and photographs of current or
   88  former state attorneys, assistant state attorneys, statewide
   89  prosecutors, or assistant statewide prosecutors; the home
   90  addresses, telephone numbers, social security numbers,
   91  photographs, dates of birth, and places of employment of the
   92  spouses and children of current or former state attorneys,
   93  assistant state attorneys, statewide prosecutors, or assistant
   94  statewide prosecutors; and the names and locations of schools
   95  and day care facilities attended by the children of current or
   96  former state attorneys, assistant state attorneys, statewide
   97  prosecutors, or assistant statewide prosecutors are exempt from
   98  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   99         (II) The names of the spouses and children of current or
  100  former state attorneys, assistant state attorneys, statewide
  101  prosecutors, or assistant statewide prosecutors are exempt from
  102  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  103         (III) Sub-sub-subparagraph (II) is subject to the Open
  104  Government Sunset Review Act in accordance with s. 119.15, and
  105  shall stand repealed on October 2, 2018, unless reviewed and
  106  saved from repeal through reenactment by the Legislature.
  107         e. The home addresses, dates of birth, and telephone
  108  numbers of general magistrates, special magistrates, judges of
  109  compensation claims, administrative law judges of the Division
  110  of Administrative Hearings, and child support enforcement
  111  hearing officers; the home addresses, telephone numbers, dates
  112  of birth, and places of employment of the spouses and children
  113  of general magistrates, special magistrates, judges of
  114  compensation claims, administrative law judges of the Division
  115  of Administrative Hearings, and child support enforcement
  116  hearing officers; and the names and locations of schools and day
  117  care facilities attended by the children of general magistrates,
  118  special magistrates, judges of compensation claims,
  119  administrative law judges of the Division of Administrative
  120  Hearings, and child support enforcement hearing officers are
  121  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  122  Constitution if the general magistrate, special magistrate,
  123  judge of compensation claims, administrative law judge of the
  124  Division of Administrative Hearings, or child support hearing
  125  officer provides a written statement that the general
  126  magistrate, special magistrate, judge of compensation claims,
  127  administrative law judge of the Division of Administrative
  128  Hearings, or child support hearing officer has made reasonable
  129  efforts to protect such information from being accessible
  130  through other means available to the public.
  131         f. The home addresses, telephone numbers, dates of birth,
  132  and photographs of current or former human resource, labor
  133  relations, or employee relations directors, assistant directors,
  134  managers, or assistant managers of any local government agency
  135  or water management district whose duties include hiring and
  136  firing employees, labor contract negotiation, administration, or
  137  other personnel-related duties; the names, home addresses,
  138  telephone numbers, dates of birth, and places of employment of
  139  the spouses and children of such personnel; and the names and
  140  locations of schools and day care facilities attended by the
  141  children of such personnel are exempt from s. 119.07(1) and s.
  142  24(a), Art. I of the State Constitution.
  143         g. The home addresses, telephone numbers, dates of birth,
  144  and photographs of current or former code enforcement officers;
  145  the names, home addresses, telephone numbers, dates of birth,
  146  and places of employment of the spouses and children of such
  147  personnel; and the names and locations of schools and day care
  148  facilities attended by the children of such personnel are exempt
  149  from s. 119.07(1) and s. 24(a), Art. I of the State
  150  Constitution.
  151         h. The home addresses, telephone numbers, places of
  152  employment, dates of birth, and photographs of current or former
  153  guardians ad litem, as defined in s. 39.820; the names, home
  154  addresses, telephone numbers, dates of birth, and places of
  155  employment of the spouses and children of such persons; and the
  156  names and locations of schools and day care facilities attended
  157  by the children of such persons are exempt from s. 119.07(1) and
  158  s. 24(a), Art. I of the State Constitution, if the guardian ad
  159  litem provides a written statement that the guardian ad litem
  160  has made reasonable efforts to protect such information from
  161  being accessible through other means available to the public.
  162         i. The home addresses, telephone numbers, dates of birth,
  163  and photographs of current or former juvenile probation
  164  officers, juvenile probation supervisors, detention
  165  superintendents, assistant detention superintendents, juvenile
  166  justice detention officers I and II, juvenile justice detention
  167  officer supervisors, juvenile justice residential officers,
  168  juvenile justice residential officer supervisors I and II,
  169  juvenile justice counselors, juvenile justice counselor
  170  supervisors, human services counselor administrators, senior
  171  human services counselor administrators, rehabilitation
  172  therapists, and social services counselors of the Department of
  173  Juvenile Justice; the names, home addresses, telephone numbers,
  174  dates of birth, and places of employment of spouses and children
  175  of such personnel; and the names and locations of schools and
  176  day care facilities attended by the children of such personnel
  177  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  178  Constitution.
  179         j.(I) The home addresses, telephone numbers, dates of
  180  birth, and photographs of current or former public defenders,
  181  assistant public defenders, criminal conflict and civil regional
  182  counsel, and assistant criminal conflict and civil regional
  183  counsel; the home addresses, telephone numbers, dates of birth,
  184  and places of employment of the spouses and children of such
  185  defenders or counsel; and the names and locations of schools and
  186  day care facilities attended by the children of such defenders
  187  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  188  the State Constitution.
  189         (II) The names of the spouses and children of the specified
  190  agency personnel identified in sub-sub-subparagraph (I) are
  191  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  192  Constitution. This sub-sub-subparagraph is subject to the Open
  193  Government Sunset Review Act in accordance with s. 119.15 and
  194  shall stand repealed on October 2, 2019, unless reviewed and
  195  saved from repeal through reenactment by the Legislature.
  196         k. The home addresses, telephone numbers, and photographs
  197  of current or former investigators or inspectors of the
  198  Department of Business and Professional Regulation; the names,
  199  home addresses, telephone numbers, and places of employment of
  200  the spouses and children of such current or former investigators
  201  and inspectors; and the names and locations of schools and day
  202  care facilities attended by the children of such current or
  203  former investigators and inspectors are exempt from s. 119.07(1)
  204  and s. 24(a), Art. I of the State Constitution if the
  205  investigator or inspector has made reasonable efforts to protect
  206  such information from being accessible through other means
  207  available to the public. This sub-subparagraph is subject to the
  208  Open Government Sunset Review Act in accordance with s. 119.15
  209  and shall stand repealed on October 2, 2017, unless reviewed and
  210  saved from repeal through reenactment by the Legislature.
  211         l. The home addresses and telephone numbers of county tax
  212  collectors; the names, home addresses, telephone numbers, and
  213  places of employment of the spouses and children of such tax
  214  collectors; and the names and locations of schools and day care
  215  facilities attended by the children of such tax collectors are
  216  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  217  Constitution if the county tax collector has made reasonable
  218  efforts to protect such information from being accessible
  219  through other means available to the public. This sub
  220  subparagraph is subject to the Open Government Sunset Review Act
  221  in accordance with s. 119.15 and shall stand repealed on October
  222  2, 2017, unless reviewed and saved from repeal through
  223  reenactment by the Legislature.
  224         m. The home addresses, telephone numbers, dates of birth,
  225  and photographs of current or former personnel of the Department
  226  of Health whose duties include, or result in, the determination
  227  or adjudication of eligibility for social security disability
  228  benefits, the investigation or prosecution of complaints filed
  229  against health care practitioners, or the inspection of health
  230  care practitioners or health care facilities licensed by the
  231  Department of Health; the names, home addresses, telephone
  232  numbers, dates of birth, and places of employment of the spouses
  233  and children of such personnel; and the names and locations of
  234  schools and day care facilities attended by the children of such
  235  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  236  the State Constitution if the personnel have made reasonable
  237  efforts to protect such information from being accessible
  238  through other means available to the public. This sub
  239  subparagraph is subject to the Open Government Sunset Review Act
  240  in accordance with s. 119.15 and shall stand repealed on October
  241  2, 2019, unless reviewed and saved from repeal through
  242  reenactment by the Legislature.
  243         n. The home addresses, telephone numbers, dates of birth,
  244  and photographs of current or former impaired practitioner
  245  consultants who are retained by an agency or current or former
  246  employees of an impaired practitioner consultant whose duties
  247  result in a determination of a person’s skill and safety to
  248  practice a licensed profession; the names, home addresses,
  249  telephone numbers, dates of birth, and places of employment of
  250  the spouses and children of such consultants or their employees;
  251  and the names and locations of schools and day care facilities
  252  attended by the children of such consultants or employees are
  253  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  254  Constitution if a consultant or employee has made reasonable
  255  efforts to protect such information from being accessible
  256  through other means available to the public. This sub
  257  subparagraph is subject to the Open Government Sunset Review Act
  258  in accordance with s. 119.15 and shall stand repealed on October
  259  2, 2020, unless reviewed and saved from repeal through
  260  reenactment by the Legislature.
  261         o. The home addresses, telephone numbers, dates of birth,
  262  and photographs of current or former emergency medical
  263  technicians or paramedics certified under chapter 401; the
  264  names, home addresses, telephone numbers, dates of birth, and
  265  places of employment of the spouses and children of such
  266  emergency medical technicians or paramedics; and the names and
  267  locations of schools and day care facilities attended by the
  268  children of such emergency medical technicians or paramedics are
  269  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  270  Constitution if the emergency medical technicians or paramedics
  271  have made reasonable efforts to protect such information from
  272  being accessible through other means available to the public.
  273  This sub-subparagraph is subject to the Open Government Sunset
  274  Review Act in accordance with s. 119.15 and shall stand repealed
  275  on October 2, 2021, unless reviewed and saved from repeal
  276  through reenactment by the Legislature.
  277         p. The home addresses, telephone numbers, dates of birth,
  278  and photographs of current or former personnel employed in an
  279  agency’s office of inspector general or internal audit
  280  department whose duties include auditing or investigating waste,
  281  fraud, abuse, theft, exploitation, or other activities that
  282  could lead to criminal prosecution or administrative discipline;
  283  the names, home addresses, telephone numbers, dates of birth,
  284  and places of employment of spouses and children of such
  285  personnel; and the names and locations of schools and day care
  286  facilities attended by the children of such personnel are exempt
  287  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  288  if the personnel have made reasonable efforts to protect such
  289  information from being accessible through other means available
  290  to the public. This sub-subparagraph is subject to the Open
  291  Government Sunset Review Act in accordance with s. 119.15 and
  292  shall stand repealed on October 2, 2021, unless reviewed and
  293  saved from repeal through reenactment by the Legislature.
  294         3. An agency that is the custodian of the information
  295  specified in subparagraph 2. and that is not the employer of the
  296  officer, employee, justice, judge, or other person specified in
  297  subparagraph 2. shall maintain the exempt status of that
  298  information only if the officer, employee, justice, judge, other
  299  person, or employing agency of the designated employee submits a
  300  written request for maintenance of the exemption to the
  301  custodial agency.
  302         4. The exemptions in this paragraph apply to information
  303  held by an agency before, on, or after the effective date of the
  304  exemption.
  305         5. Except as otherwise expressly provided in this
  306  paragraph, this paragraph is subject to the Open Government
  307  Sunset Review Act in accordance with s. 119.15, and shall stand
  308  repealed on October 2, 2017, unless reviewed and saved from
  309  repeal through reenactment by the Legislature.
  310         Section 2. The Legislature finds that it is a public
  311  necessity to expand the exemption from public records
  312  requirements which applies to the home addresses, telephone
  313  numbers, dates of birth, and photographs of firefighters
  314  certified under s. 633.408; the home addresses, telephone
  315  numbers, photographs, dates of birth, and places of employment
  316  of the spouses and children of such firefighters; and the names
  317  and locations of schools and day care facilities attended by the
  318  children of such firefighters to include former firefighters and
  319  their spouses and children. The personal identifying and
  320  location information of other former first responders, such as
  321  former law enforcement officers, and their family members is
  322  currently exempt from public records requirements. Firefighters
  323  often respond to serious emergency situations, ranging from
  324  domestic violence to homicide, and the release of personal
  325  identifying and location information may place former
  326  firefighters and their family members in danger of serious
  327  physical or emotional harm by hostile individuals. The
  328  Legislature further finds that the harm that may result from the
  329  release of such identifying and location information outweighs
  330  any public benefit that may be derived from the disclosure of
  331  such information.
  332         Section 3. This act shall take effect upon becoming a law.