Florida Senate - 2017                             CS for SB 7018
       
       
        
       By the Committees on Rules; and Governmental Oversight and
       Accountability
       
       
       
       
       595-04422-17                                          20177018c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides exemptions from public record requirements
    5         for certain personal identifying and location
    6         information of specified agency personnel, and the
    7         spouses and children thereof; revising the exemptions;
    8         removing redundant exemptions for social security
    9         numbers; providing an exemption from public record
   10         requirements for the names of the spouses and children
   11         of certain agency personnel; providing an exemption
   12         from public record requirements for the dates of birth
   13         for certain agency personnel and their spouses and
   14         children; removing the scheduled repeal of certain
   15         exemptions; providing for retroactive application;
   16         providing for future legislative review and repeal of
   17         certain exemptions; providing statements of public
   18         necessity; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) of subsection (4) of section
   23  119.071, Florida Statutes, is amended to read:
   24         119.071 General exemptions from inspection or copying of
   25  public records.—
   26         (4) AGENCY PERSONNEL INFORMATION.—
   27         (d)1. For purposes of this paragraph, the term “telephone
   28  numbers” includes home telephone numbers, personal cellular
   29  telephone numbers, personal pager telephone numbers, and
   30  telephone numbers associated with personal communications
   31  devices.
   32         2.a.(I) The home addresses, telephone numbers, social
   33  security numbers, dates of birth, and photographs of active or
   34  former sworn or civilian law enforcement personnel, including
   35  correctional and correctional probation officers, personnel of
   36  the Department of Children and Families whose duties include the
   37  investigation of abuse, neglect, exploitation, fraud, theft, or
   38  other criminal activities, personnel of the Department of Health
   39  whose duties are to support the investigation of child abuse or
   40  neglect, and personnel of the Department of Revenue or local
   41  governments whose responsibilities include revenue collection
   42  and enforcement or child support enforcement; the names, home
   43  addresses, telephone numbers, social security numbers,
   44  photographs, dates of birth, and places of employment of the
   45  spouses and children of such personnel; and the names and
   46  locations of schools and day care facilities attended by the
   47  children of such personnel are exempt from s. 119.07(1) and s.
   48  24(a), Art. I of the State Constitution. This sub-subparagraph
   49  is subject to the Open Government Sunset Review Act in
   50  accordance with s. 119.15 and shall stand repealed on October 2,
   51  2022, unless reviewed and saved from repeal through reenactment
   52  by the Legislature.
   53         (II) The names of the spouses and children of active or
   54  former sworn or civilian law enforcement personnel and the other
   55  specified agency personnel identified in sub-sub-subparagraph
   56  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   57  State Constitution.
   58         (III) Sub-sub-subparagraph (II) is subject to the Open
   59  Government Sunset Review Act in accordance with s. 119.15, and
   60  shall stand repealed on October 2, 2018, unless reviewed and
   61  saved from repeal through reenactment by the Legislature.
   62         b.(IV) The home addresses, telephone numbers, dates of
   63  birth, and photographs of current or former nonsworn
   64  investigative personnel of the Department of Financial Services
   65  whose duties include the investigation of fraud, theft, workers’
   66  compensation coverage requirements and compliance, other related
   67  criminal activities, or state regulatory requirement violations;
   68  the names, home addresses, telephone numbers, dates of birth,
   69  and places of employment of the spouses and children of such
   70  personnel; and the names and locations of schools and day care
   71  facilities attended by the children of such personnel are exempt
   72  from s. 119.07(1) and s. 24(a), Art. I of the State
   73  Constitution. This sub-subparagraph sub-sub-subparagraph is
   74  subject to the Open Government Sunset Review Act in accordance
   75  with s. 119.15 and shall stand repealed on October 2, 2021,
   76  unless reviewed and saved from repeal through reenactment by the
   77  Legislature.
   78         c.b. The home addresses, telephone numbers, dates of birth,
   79  and photographs of firefighters certified in compliance with s.
   80  633.408; the names, home addresses, telephone numbers,
   81  photographs, dates of birth, and places of employment of the
   82  spouses and children of such firefighters; and the names and
   83  locations of schools and day care facilities attended by the
   84  children of such firefighters are exempt from s. 119.07(1) and
   85  s. 24(a), Art. I of the State Constitution. This sub
   86  subparagraph is subject to the Open Government Sunset Review Act
   87  in accordance with s. 119.15 and shall stand repealed on October
   88  2, 2022, unless reviewed and saved from repeal through
   89  reenactment by the Legislature.
   90         d.c. The home addresses, dates of birth, and telephone
   91  numbers of current or former justices of the Supreme Court,
   92  district court of appeal judges, circuit court judges, and
   93  county court judges; the names, home addresses, telephone
   94  numbers, dates of birth, and places of employment of the spouses
   95  and children of current or former justices and judges; and the
   96  names and locations of schools and day care facilities attended
   97  by the children of current or former justices and judges are
   98  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   99  Constitution. This sub-subparagraph is subject to the Open
  100  Government Sunset Review Act in accordance with s. 119.15 and
  101  shall stand repealed on October 2, 2022, unless reviewed and
  102  saved from repeal through reenactment by the Legislature.
  103         e.d.(I) The home addresses, telephone numbers, social
  104  security numbers, dates of birth, and photographs of current or
  105  former state attorneys, assistant state attorneys, statewide
  106  prosecutors, or assistant statewide prosecutors; the names, home
  107  addresses, telephone numbers, social security numbers,
  108  photographs, dates of birth, and places of employment of the
  109  spouses and children of current or former state attorneys,
  110  assistant state attorneys, statewide prosecutors, or assistant
  111  statewide prosecutors; and the names and locations of schools
  112  and day care facilities attended by the children of current or
  113  former state attorneys, assistant state attorneys, statewide
  114  prosecutors, or assistant statewide prosecutors are exempt from
  115  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  116         (II) The names of the spouses and children of current or
  117  former state attorneys, assistant state attorneys, statewide
  118  prosecutors, or assistant statewide prosecutors are exempt from
  119  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  120         (III) Sub-sub-subparagraph (II) is subject to the Open
  121  Government Sunset Review Act in accordance with s. 119.15, and
  122  shall stand repealed on October 2, 2018, unless reviewed and
  123  saved from repeal through reenactment by the Legislature.
  124         f.e. The home addresses, dates of birth, and telephone
  125  numbers of general magistrates, special magistrates, judges of
  126  compensation claims, administrative law judges of the Division
  127  of Administrative Hearings, and child support enforcement
  128  hearing officers; the names, home addresses, telephone numbers,
  129  dates of birth, and places of employment of the spouses and
  130  children of general magistrates, special magistrates, judges of
  131  compensation claims, administrative law judges of the Division
  132  of Administrative Hearings, and child support enforcement
  133  hearing officers; and the names and locations of schools and day
  134  care facilities attended by the children of general magistrates,
  135  special magistrates, judges of compensation claims,
  136  administrative law judges of the Division of Administrative
  137  Hearings, and child support enforcement hearing officers are
  138  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  139  Constitution. This sub-subparagraph is subject to the Open
  140  Government Sunset Review Act in accordance with s. 119.15 and
  141  shall stand repealed on October 2, 2022, unless reviewed and
  142  saved from repeal through reenactment by the Legislature if the
  143  general magistrate, special magistrate, judge of compensation
  144  claims, administrative law judge of the Division of
  145  Administrative Hearings, or child support hearing officer
  146  provides a written statement that the general magistrate,
  147  special magistrate, judge of compensation claims, administrative
  148  law judge of the Division of Administrative Hearings, or child
  149  support hearing officer has made reasonable efforts to protect
  150  such information from being accessible through other means
  151  available to the public.
  152         g.f. The home addresses, telephone numbers, dates of birth,
  153  and photographs of current or former human resource, labor
  154  relations, or employee relations directors, assistant directors,
  155  managers, or assistant managers of any local government agency
  156  or water management district whose duties include hiring and
  157  firing employees, labor contract negotiation, administration, or
  158  other personnel-related duties; the names, home addresses,
  159  telephone numbers, dates of birth, and places of employment of
  160  the spouses and children of such personnel; and the names and
  161  locations of schools and day care facilities attended by the
  162  children of such personnel are exempt from s. 119.07(1) and s.
  163  24(a), Art. I of the State Constitution.
  164         h.g. The home addresses, telephone numbers, dates of birth,
  165  and photographs of current or former code enforcement officers;
  166  the names, home addresses, telephone numbers, dates of birth,
  167  and places of employment of the spouses and children of such
  168  personnel; and the names and locations of schools and day care
  169  facilities attended by the children of such personnel are exempt
  170  from s. 119.07(1) and s. 24(a), Art. I of the State
  171  Constitution.
  172         i.h. The home addresses, telephone numbers, places of
  173  employment, dates of birth, and photographs of current or former
  174  guardians ad litem, as defined in s. 39.820; the names, home
  175  addresses, telephone numbers, dates of birth, and places of
  176  employment of the spouses and children of such persons; and the
  177  names and locations of schools and day care facilities attended
  178  by the children of such persons are exempt from s. 119.07(1) and
  179  s. 24(a), Art. I of the State Constitution. This sub
  180  subparagraph is subject to the Open Government Sunset Review Act
  181  in accordance with s. 119.15 and shall stand repealed on October
  182  2, 2022, unless reviewed and saved from repeal through
  183  reenactment by the Legislature, if the guardian ad litem
  184  provides a written statement that the guardian ad litem has made
  185  reasonable efforts to protect such information from being
  186  accessible through other means available to the public.
  187         j.i. The home addresses, telephone numbers, dates of birth,
  188  and photographs of current or former juvenile probation
  189  officers, juvenile probation supervisors, detention
  190  superintendents, assistant detention superintendents, juvenile
  191  justice detention officers I and II, juvenile justice detention
  192  officer supervisors, juvenile justice residential officers,
  193  juvenile justice residential officer supervisors I and II,
  194  juvenile justice counselors, juvenile justice counselor
  195  supervisors, human services counselor administrators, senior
  196  human services counselor administrators, rehabilitation
  197  therapists, and social services counselors of the Department of
  198  Juvenile Justice; the names, home addresses, telephone numbers,
  199  dates of birth, and places of employment of spouses and children
  200  of such personnel; and the names and locations of schools and
  201  day care facilities attended by the children of such personnel
  202  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  203  Constitution.
  204         k.j.(I) The home addresses, telephone numbers, dates of
  205  birth, and photographs of current or former public defenders,
  206  assistant public defenders, criminal conflict and civil regional
  207  counsel, and assistant criminal conflict and civil regional
  208  counsel; the names, home addresses, telephone numbers, dates of
  209  birth, and places of employment of the spouses and children of
  210  such defenders or counsel; and the names and locations of
  211  schools and day care facilities attended by the children of such
  212  defenders or counsel are exempt from s. 119.07(1) and s. 24(a),
  213  Art. I of the State Constitution.
  214         (II) The names of the spouses and children of the specified
  215  agency personnel identified in sub-sub-subparagraph (I) are
  216  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  217  Constitution. This sub-sub-subparagraph is subject to the Open
  218  Government Sunset Review Act in accordance with s. 119.15 and
  219  shall stand repealed on October 2, 2019, unless reviewed and
  220  saved from repeal through reenactment by the Legislature.
  221         l.k. The home addresses, telephone numbers, dates of birth,
  222  and photographs of current or former investigators or inspectors
  223  of the Department of Business and Professional Regulation; the
  224  names, home addresses, telephone numbers, dates of birth, and
  225  places of employment of the spouses and children of such current
  226  or former investigators and inspectors; and the names and
  227  locations of schools and day care facilities attended by the
  228  children of such current or former investigators and inspectors
  229  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  230  Constitution if the investigator or inspector has made
  231  reasonable efforts to protect such information from being
  232  accessible through other means available to the public. This
  233  sub-subparagraph is subject to the Open Government Sunset Review
  234  Act in accordance with s. 119.15 and shall stand repealed on
  235  October 2, 2022 2017, unless reviewed and saved from repeal
  236  through reenactment by the Legislature.
  237         m.l. The home addresses, and telephone numbers, and dates
  238  of birth of county tax collectors; the names, home addresses,
  239  telephone numbers, dates of birth, and places of employment of
  240  the spouses and children of such tax collectors; and the names
  241  and locations of schools and day care facilities attended by the
  242  children of such tax collectors are exempt from s. 119.07(1) and
  243  s. 24(a), Art. I of the State Constitution if the county tax
  244  collector has made reasonable efforts to protect such
  245  information from being accessible through other means available
  246  to the public. This sub-subparagraph is subject to the Open
  247  Government Sunset Review Act in accordance with s. 119.15 and
  248  shall stand repealed on October 2, 2022 2017, unless reviewed
  249  and saved from repeal through reenactment by the Legislature.
  250         n.m. The home addresses, telephone numbers, dates of birth,
  251  and photographs of current or former personnel of the Department
  252  of Health whose duties include, or result in, the determination
  253  or adjudication of eligibility for social security disability
  254  benefits, the investigation or prosecution of complaints filed
  255  against health care practitioners, or the inspection of health
  256  care practitioners or health care facilities licensed by the
  257  Department of Health; the names, home addresses, telephone
  258  numbers, dates of birth, and places of employment of the spouses
  259  and children of such personnel; and the names and locations of
  260  schools and day care facilities attended by the children of such
  261  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  262  the State Constitution if the personnel have made reasonable
  263  efforts to protect such information from being accessible
  264  through other means available to the public. This sub
  265  subparagraph is subject to the Open Government Sunset Review Act
  266  in accordance with s. 119.15 and shall stand repealed on October
  267  2, 2019, unless reviewed and saved from repeal through
  268  reenactment by the Legislature.
  269         o.n. The home addresses, telephone numbers, dates of birth,
  270  and photographs of current or former impaired practitioner
  271  consultants who are retained by an agency or current or former
  272  employees of an impaired practitioner consultant whose duties
  273  result in a determination of a person’s skill and safety to
  274  practice a licensed profession; the names, home addresses,
  275  telephone numbers, dates of birth, and places of employment of
  276  the spouses and children of such consultants or their employees;
  277  and the names and locations of schools and day care facilities
  278  attended by the children of such consultants or employees are
  279  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  280  Constitution if a consultant or employee has made reasonable
  281  efforts to protect such information from being accessible
  282  through other means available to the public. This sub
  283  subparagraph is subject to the Open Government Sunset Review Act
  284  in accordance with s. 119.15 and shall stand repealed on October
  285  2, 2020, unless reviewed and saved from repeal through
  286  reenactment by the Legislature.
  287         p.o. The home addresses, telephone numbers, dates of birth,
  288  and photographs of current or former emergency medical
  289  technicians or paramedics certified under chapter 401; the
  290  names, home addresses, telephone numbers, dates of birth, and
  291  places of employment of the spouses and children of such
  292  emergency medical technicians or paramedics; and the names and
  293  locations of schools and day care facilities attended by the
  294  children of such emergency medical technicians or paramedics are
  295  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  296  Constitution if the emergency medical technicians or paramedics
  297  have made reasonable efforts to protect such information from
  298  being accessible through other means available to the public.
  299  This sub-subparagraph is subject to the Open Government Sunset
  300  Review Act in accordance with s. 119.15 and shall stand repealed
  301  on October 2, 2021, unless reviewed and saved from repeal
  302  through reenactment by the Legislature.
  303         q.p. The home addresses, telephone numbers, dates of birth,
  304  and photographs of current or former personnel employed in an
  305  agency’s office of inspector general or internal audit
  306  department whose duties include auditing or investigating waste,
  307  fraud, abuse, theft, exploitation, or other activities that
  308  could lead to criminal prosecution or administrative discipline;
  309  the names, home addresses, telephone numbers, dates of birth,
  310  and places of employment of spouses and children of such
  311  personnel; and the names and locations of schools and day care
  312  facilities attended by the children of such personnel are exempt
  313  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  314  if the personnel have made reasonable efforts to protect such
  315  information from being accessible through other means available
  316  to the public. This sub-subparagraph is subject to the Open
  317  Government Sunset Review Act in accordance with s. 119.15 and
  318  shall stand repealed on October 2, 2021, unless reviewed and
  319  saved from repeal through reenactment by the Legislature.
  320         3. An agency that is the custodian of the information
  321  specified in subparagraph 2. and that is not the employer of the
  322  officer, employee, justice, judge, or other person specified in
  323  subparagraph 2. shall maintain the exempt status of that
  324  information only if the officer, employee, justice, judge, other
  325  person, or employing agency of the designated employee submits a
  326  written request for maintenance of the exemption to the
  327  custodial agency.
  328         4. The exemptions in this paragraph apply to information
  329  held by an agency before, on, or after the effective date of the
  330  exemption.
  331         5. Except as otherwise expressly provided in this
  332  paragraph, this paragraph is subject to the Open Government
  333  Sunset Review Act in accordance with s. 119.15, and shall stand
  334  repealed on October 2, 2017, unless reviewed and saved from
  335  repeal through reenactment by the Legislature.
  336         Section 2. (1)(a) The Legislature finds that it is a public
  337  necessity that the following information be made exempt from s.
  338  24(a), Article I of the State Constitution:
  339         1. The home addresses, telephone numbers, dates of birth,
  340  and photographs of active or former sworn or civilian law
  341  enforcement personnel, including correctional and correctional
  342  probation officers; personnel of the Department of Children and
  343  Families whose duties include the investigation of abuse,
  344  neglect, exploitation, fraud, theft, or other criminal
  345  activities; personnel of the Department of Health whose duties
  346  are to support the investigation of child abuse or neglect; and
  347  personnel of the Department of Revenue or local governments
  348  whose responsibilities include revenue collection and
  349  enforcement or child support enforcement; the home addresses,
  350  telephone numbers, photographs, dates of birth, and places of
  351  employment of the spouses and children of such personnel; and
  352  the names and locations of schools and day care facilities
  353  attended by the children of such personnel;
  354         2. The home addresses, telephone numbers, dates of birth,
  355  and photographs of firefighters certified in compliance with s.
  356  633.408, Florida Statutes; the home addresses, telephone
  357  numbers, photographs, dates of birth, and places of employment
  358  of the spouses and children of such firefighters; and the names
  359  and locations of schools and day care facilities attended by the
  360  children of such firefighters; and
  361         3. The home addresses, dates of birth, and telephone
  362  numbers of current or former justices of the Supreme Court,
  363  district court of appeal judges, circuit court judges, and
  364  county court judges; the home addresses, telephone numbers,
  365  dates of birth, and places of employment of the spouses and
  366  children of current or former justices and judges; and the names
  367  and locations of schools and day care facilities attended by the
  368  children of current or former justices and judges.
  369         (b) The Legislature finds that it is a public necessity to
  370  exempt this information from s. 24(a), Article I of the State
  371  Constitution in order to prevent disclosure of information that
  372  can be used to identify or locate these governmental personnel
  373  and their spouses and children. These governmental personnel
  374  perform duties that can adversely affect the rights of members
  375  of the public. Adversely affected people and their families or
  376  friends may place blame on these governmental personnel for
  377  arrests, investigations, or judicial intervention. Governmental
  378  personnel may also be threatened or harmed by victims who
  379  believe governmental personnel did not adequately perform their
  380  duties. Such governmental personnel are subject to threats and
  381  violence on and off duty, and these threats persist after such
  382  personnel leave work. The threat of danger and revenge extends
  383  to the spouses and children of these governmental personnel.
  384         (c) Furthermore, the combination of personal identification
  385  and location information can be used as a tool to perpetuate
  386  fraud against these governmental personnel and to acquire
  387  sensitive personal, financial, medical, and familial
  388  information, the release of which could cause great financial
  389  harm to these individuals and their families. Identity theft can
  390  also harm these governmental personnel and their families’
  391  reputations. It is in the public interest to protect fully these
  392  governmental employees and their families and to ensure that
  393  their identifying and location information is exempt from public
  394  disclosure when it is held by an entity in the executive,
  395  legislative, or judicial branch of government.
  396         (2)(a) The Legislature finds that it is a public necessity
  397  to exempt the names of the children and spouses of the following
  398  governmental personnel from s. 119.07(1), Florida Statutes, and
  399  s. 24(a), Article I of the State Constitution:
  400         1. Firefighters certified in compliance with s. 633.408,
  401  Florida Statutes;
  402         2. Current or former justices of the Supreme Court,
  403  district court of appeal judges, circuit court judges, and
  404  county court judges; and
  405         3. General magistrates, special magistrates, judges of
  406  compensation claims, administrative law judges of the Division
  407  of Administrative Hearings, and child support enforcement
  408  hearing officers.
  409         (b) Such personnel are often required to interact with
  410  members of the public who are in difficult circumstances. These
  411  personnel and their families are subject to threats by members
  412  of the public who may seek revenge against them. Allowing public
  413  access to the names of children and spouses of such personnel
  414  will make the children and spouses of these personnel easy to
  415  find and expose them to threats or acts of revenge. Threats or
  416  acts of revenge against the children and spouses of such
  417  personnel could compromise the governmental personnel’s ability
  418  to perform their duties without fear of retaliation.
  419         (3)(a) The Legislature finds that it is a public necessity
  420  to make the following information exempt from s. 119.07(1),
  421  Florida Statutes, and s. 24(a), Article I of the State
  422  Constitution, regardless of whether such individuals made
  423  reasonable efforts to protect such information from being
  424  public:
  425         1. The home addresses, dates of birth, and telephone
  426  numbers of general magistrates, special magistrates, judges of
  427  compensation claims, administrative law judges of the Division
  428  of Administrative Hearings, and child support enforcement
  429  hearing officers; the names, home addresses, telephone numbers,
  430  dates of birth, and places of employment of the spouses and
  431  children of general magistrates, special magistrates, judges of
  432  compensation claims, administrative law judges of the Division
  433  of Administrative Hearings, and child support enforcement
  434  hearing officers; and the names and locations of schools and day
  435  care facilities attended by the children of general magistrates,
  436  special magistrates, judges of compensation claims,
  437  administrative law judges of the Division of Administrative
  438  Hearings, and child support enforcement hearing officers.
  439         2. The home addresses, telephone numbers, places of
  440  employment, dates of birth, and photographs of current or former
  441  guardians ad litem, as defined in s. 39.820, Florida Statutes;
  442  the names, home addresses, telephone numbers, dates of birth,
  443  and places of employment of the spouses and children of such
  444  persons; and the names and locations of schools and day care
  445  facilities attended by the children of such persons.
  446         3. The home addresses, telephone numbers, dates of birth,
  447  and photographs of current or former investigators or inspectors
  448  of the Department of Business and Professional Regulation; the
  449  names, home addresses, telephone numbers, dates of birth, and
  450  places of employment of the spouses and children of current or
  451  former investigators and inspectors; and the names and locations
  452  of schools and day care facilities attended by the children of
  453  current or former investigators and inspectors.
  454         4. The home addresses, telephone numbers, and dates of
  455  birth of county tax collectors; the names, home addresses,
  456  telephone numbers, dates of birth, and places of employment of
  457  the spouses and children of such tax collectors; and the names
  458  and locations of schools and day care facilities attended by the
  459  children of such tax collectors.
  460         5. The home addresses, telephone numbers, dates of birth,
  461  and photographs of current or former personnel of the Department
  462  of Health whose duties include, or result in, the determination
  463  or adjudication of eligibility for social security disability
  464  benefits, the investigation or prosecution of complaints filed
  465  against health care practitioners, or the inspection of health
  466  care practitioners or health care facilities licensed by the
  467  Department of Health; the names, home addresses, telephone
  468  numbers, dates of birth, and places of employment of the spouses
  469  and children of such personnel; and the names and locations of
  470  schools and day care facilities attended by the children of such
  471  personnel.
  472         6. The home addresses, telephone numbers, dates of birth,
  473  and photographs of current or former impaired practitioner
  474  consultants who are retained by an agency or current or former
  475  employees of an impaired practitioner consultant whose duties
  476  result in a determination of a person’s skill and safety to
  477  practice a licensed profession; the names, home addresses,
  478  telephone numbers, dates of birth, and places of employment of
  479  the spouses and children of such consultants or their employees;
  480  and the names and locations of schools and day care facilities
  481  attended by the children of such consultants or employees.
  482         7. The home addresses, telephone numbers, dates of birth,
  483  and photographs of current or former emergency medical
  484  technicians or paramedics certified under chapter 401, Florida
  485  Statutes; the names, home addresses, telephone numbers, dates of
  486  birth, and places of employment of the spouses and children of
  487  such emergency medical technicians or paramedics; and the names
  488  and locations of schools and day care facilities attended by the
  489  children of such emergency medical technicians or paramedics.
  490         8. The home addresses, telephone numbers, dates of birth,
  491  and photographs of current or former personnel employed in an
  492  agency’s office of inspector general or internal audit
  493  department whose duties include auditing or investigating waste,
  494  fraud, abuse, theft, exploitation, or other activities that
  495  could lead to criminal prosecution or administrative discipline;
  496  the names, home addresses, telephone numbers, dates of birth,
  497  and places of employment of spouses and children of such
  498  personnel; and the names and locations of schools and day care
  499  facilities attended by the children of such personnel.
  500         (b) The Legislature finds that exempting identifying and
  501  location information from public disclosure requirements
  502  protects such personnel and their spouses and children from
  503  danger of physical and emotional harm from disgruntled criminal
  504  defendants, litigants, licensees, taxpayers, and other members
  505  of the public. Such personnel may be subject to threats or acts
  506  of revenge because of the duties they perform. The spouses and
  507  children of such personnel are also endangered by people who may
  508  seek to intimidate or harm such personnel. In addition,
  509  criminals could use identification and location information for
  510  identity theft that can cause financial harm to these personnel
  511  and their spouses and children. The harm that might result from
  512  the release of exempt information outweighs any public benefit
  513  that could be derived from disclosure. For these reasons, the
  514  exemptions should be applied without requiring such personnel
  515  prove that they have not made their information public.
  516         (c) In addition, requiring these personnel prove that they
  517  made reasonable efforts to protect their identification and
  518  location information is an added burden on these individuals as
  519  well as on agencies receiving a public records request. The
  520  extent to which these individuals must protect their information
  521  from public accessibility is unclear. It is also unclear how
  522  much proof an agency needs in order to grant the exemption. The
  523  burden on an agency to verify whether these individuals have
  524  protected from public disclosure their identifying and location
  525  information adversely impacts the effective and efficient
  526  administration of government in establishing who is eligible for
  527  an exemption. Relatively few public record exemptions require an
  528  individual to prove that he or she made reasonable efforts to
  529  protect his or her information from being available to the
  530  public. Such inconsistencies among public record exemptions
  531  reduce accuracy and efficiency when redacting exempt information
  532  when a public records request for agency personnel information
  533  is made. It is not in the public interest for the public to
  534  receive inaccurately redacted information.
  535         (4)(a) The Legislature finds that it is a public necessity
  536  that the dates of birth of the following people be made exempt
  537  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  538  the State Constitution:
  539         1. Current or former investigators or inspectors of the
  540  Department of Business and Professional Regulation and their
  541  spouses and children; and
  542         2. County tax collectors and their spouses and children.
  543         (b) Dates of birth can be used as a tool to perpetuate
  544  fraud against an individual and to acquire sensitive personal,
  545  financial, medical, and familial information, the release of
  546  which could cause great financial harm to an individual and his
  547  or her family. Identity theft can also be used to harm their
  548  reputations and good name.
  549         (5) The Legislature finds that the amendments to s.
  550  119.071(4)(d), Florida Statutes, made by this act are necessary
  551  to bring greater uniformity among public record exemptions for
  552  agency personnel information because exempted information
  553  currently varies from exemption to exemption. Inconsistencies
  554  between public record exemptions for agency personnel
  555  information result in increased inaccuracy and inefficiency when
  556  information must be redacted in response to a public record
  557  request. Unnecessary complexity increases the likelihood that
  558  public record custodians may inaccurately redact information in
  559  a record. As a result, the public could receive an improperly
  560  redacted record that contains information that is not exempt or
  561  have access to exempt information that should have been
  562  redacted. It is not in the interest of the public to receive
  563  inaccurately redacted information, or to unnecessarily pay fees
  564  for staff time associated with redacting extraneous information.
  565  In addition, the accidental release of personal identifying and
  566  location information can endanger personnel or otherwise negate
  567  the purpose of the exemption.
  568         Section 3. This act shall take effect October 1, 2017.