Florida Senate - 2017                   (PROPOSED BILL) SPB 7018
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-00279-17                                          20177018pb
    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 records requirements
    5         for certain personal identifying and location
    6         information of specified agency personnel, and the
    7         spouses and children thereof; revising and
    8         reorganizing the exemptions; removing redundant
    9         exemptions regarding social security numbers;
   10         providing an exemption from public records
   11         requirements for the names of the spouses and children
   12         of certified firefighters, current or former justices
   13         and judges, and certain magistrates, judges, and
   14         hearing officers; removing the requirement that
   15         specified agency personnel make reasonable efforts to
   16         protect access to personal identifying and location
   17         information in order be subject to an exemption;
   18         providing an exemption from public records
   19         requirements for the dates of birth for current or
   20         former investigators or inspectors for the Department
   21         of Business and Professional Regulation and county tax
   22         collectors, and the spouses and children thereof;
   23         removing the scheduled repeal of certain exemptions;
   24         providing for retroactive application; providing
   25         statements of public necessity; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (d) of subsection (4) of section
   31  119.071, Florida Statutes, is amended to read:
   32         119.071 General exemptions from inspection or copying of
   33  public records.—
   34         (4) AGENCY PERSONNEL INFORMATION.—
   35         (d)1. For purposes of this paragraph, the term “telephone
   36  numbers” includes home telephone numbers, personal cellular
   37  telephone numbers, personal pager telephone numbers, and
   38  telephone numbers associated with personal communications
   39  devices.
   40         2.a.(I) The home addresses, telephone numbers, social
   41  security numbers, dates of birth, and photographs of active or
   42  former sworn or civilian law enforcement personnel, including
   43  correctional and correctional probation officers, personnel of
   44  the Department of Children and Families whose duties include the
   45  investigation of abuse, neglect, exploitation, fraud, theft, or
   46  other criminal activities, personnel of the Department of Health
   47  whose duties are to support the investigation of child abuse or
   48  neglect, and personnel of the Department of Revenue or local
   49  governments whose responsibilities include revenue collection
   50  and enforcement or child support enforcement; the names, home
   51  addresses, telephone numbers, social security numbers,
   52  photographs, dates of birth, and places of employment of the
   53  spouses and children of such personnel; and the names and
   54  locations of schools and day care facilities attended by the
   55  children of such personnel are exempt from s. 119.07(1) and s.
   56  24(a), Art. I of the State Constitution.
   57         (II) The names of the spouses and children of active or
   58  former sworn or civilian law enforcement personnel and the other
   59  specified agency personnel identified in sub-sub-subparagraph
   60  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   61  State Constitution.
   62         (III) Sub-sub-subparagraph (II) is subject to the Open
   63  Government Sunset Review Act in accordance with s. 119.15, and
   64  shall stand repealed on October 2, 2018, unless reviewed and
   65  saved from repeal through reenactment by the Legislature.
   66         b.(IV) The home addresses, telephone numbers, dates of
   67  birth, and photographs of current or former nonsworn
   68  investigative personnel of the Department of Financial Services
   69  whose duties include the investigation of fraud, theft, workers’
   70  compensation coverage requirements and compliance, other related
   71  criminal activities, or state regulatory requirement violations;
   72  the names, home addresses, telephone numbers, dates of birth,
   73  and places of employment of the spouses and children of such
   74  personnel; and the names and locations of schools and day care
   75  facilities attended by the children of such personnel are exempt
   76  from s. 119.07(1) and s. 24(a), Art. I of the State
   77  Constitution. This sub-subparagraph sub-sub-subparagraph is
   78  subject to the Open Government Sunset Review Act in accordance
   79  with s. 119.15 and shall stand repealed on October 2, 2021,
   80  unless reviewed and saved from repeal through reenactment by the
   81  Legislature.
   82         c.b. The home addresses, telephone numbers, dates of birth,
   83  and photographs of firefighters certified in compliance with s.
   84  633.408; the names, home addresses, telephone numbers,
   85  photographs, dates of birth, and places of employment of the
   86  spouses and children of such firefighters; and the names and
   87  locations of schools and day care facilities attended by the
   88  children of such firefighters are exempt from s. 119.07(1) and
   89  s. 24(a), Art. I of the State Constitution.
   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.
  100         e.d.(I) The home addresses, telephone numbers, social
  101  security numbers, dates of birth, and photographs of current or
  102  former state attorneys, assistant state attorneys, statewide
  103  prosecutors, or assistant statewide prosecutors; the names, home
  104  addresses, telephone numbers, social security numbers,
  105  photographs, dates of birth, and places of employment of the
  106  spouses and children of current or former state attorneys,
  107  assistant state attorneys, statewide prosecutors, or assistant
  108  statewide prosecutors; and the names and locations of schools
  109  and day care facilities attended by the children of current or
  110  former state attorneys, assistant state attorneys, statewide
  111  prosecutors, or assistant statewide prosecutors are exempt from
  112  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  113         (II) The names of the spouses and children of current or
  114  former state attorneys, assistant state attorneys, statewide
  115  prosecutors, or assistant statewide prosecutors are exempt from
  116  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  117         (III) Sub-sub-subparagraph (II) is subject to the Open
  118  Government Sunset Review Act in accordance with s. 119.15, and
  119  shall stand repealed on October 2, 2018, unless reviewed and
  120  saved from repeal through reenactment by the Legislature.
  121         f.e. The home addresses, dates of birth, and telephone
  122  numbers of general magistrates, special magistrates, judges of
  123  compensation claims, administrative law judges of the Division
  124  of Administrative Hearings, and child support enforcement
  125  hearing officers; the names, home addresses, telephone numbers,
  126  dates of birth, and places of employment of the spouses and
  127  children 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; and the names and locations of schools and day
  131  care facilities attended by the children of general magistrates,
  132  special magistrates, judges of compensation claims,
  133  administrative law judges of the Division of Administrative
  134  Hearings, and child support enforcement hearing officers are
  135  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  136  Constitution if the general magistrate, special magistrate,
  137  judge of compensation claims, administrative law judge of the
  138  Division of Administrative Hearings, or child support hearing
  139  officer provides a written statement that the general
  140  magistrate, special magistrate, judge of compensation claims,
  141  administrative law judge of the Division of Administrative
  142  Hearings, or child support hearing officer has made reasonable
  143  efforts to protect such information from being accessible
  144  through other means available to the public.
  145         g.f. The home addresses, telephone numbers, dates of birth,
  146  and photographs of current or former human resource, labor
  147  relations, or employee relations directors, assistant directors,
  148  managers, or assistant managers of any local government agency
  149  or water management district whose duties include hiring and
  150  firing employees, labor contract negotiation, administration, or
  151  other personnel-related duties; the names, home addresses,
  152  telephone numbers, dates of birth, and places of employment of
  153  the spouses and children of such personnel; and the names and
  154  locations of schools and day care facilities attended by the
  155  children of such personnel are exempt from s. 119.07(1) and s.
  156  24(a), Art. I of the State Constitution.
  157         h.g. The home addresses, telephone numbers, dates of birth,
  158  and photographs of current or former code enforcement officers;
  159  the names, home addresses, telephone numbers, dates of birth,
  160  and places of employment of the spouses and children of such
  161  personnel; and the names and locations of schools and day care
  162  facilities attended by the children of such personnel are exempt
  163  from s. 119.07(1) and s. 24(a), Art. I of the State
  164  Constitution.
  165         i.h. The home addresses, telephone numbers, places of
  166  employment, dates of birth, and photographs of current or former
  167  guardians ad litem, as defined in s. 39.820; the names, home
  168  addresses, telephone numbers, dates of birth, and places of
  169  employment of the spouses and children of such persons; and the
  170  names and locations of schools and day care facilities attended
  171  by the children of such persons are exempt from s. 119.07(1) and
  172  s. 24(a), Art. I of the State Constitution, if the guardian ad
  173  litem provides a written statement that the guardian ad litem
  174  has made reasonable efforts to protect such information from
  175  being accessible through other means available to the public.
  176         j.i. The home addresses, telephone numbers, dates of birth,
  177  and photographs of current or former juvenile probation
  178  officers, juvenile probation supervisors, detention
  179  superintendents, assistant detention superintendents, juvenile
  180  justice detention officers I and II, juvenile justice detention
  181  officer supervisors, juvenile justice residential officers,
  182  juvenile justice residential officer supervisors I and II,
  183  juvenile justice counselors, juvenile justice counselor
  184  supervisors, human services counselor administrators, senior
  185  human services counselor administrators, rehabilitation
  186  therapists, and social services counselors of the Department of
  187  Juvenile Justice; the names, home addresses, telephone numbers,
  188  dates of birth, and places of employment of spouses and children
  189  of such personnel; and the names and locations of schools and
  190  day care facilities attended by the children of such personnel
  191  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  192  Constitution.
  193         k.j.(I) The home addresses, telephone numbers, dates of
  194  birth, and photographs of current or former public defenders,
  195  assistant public defenders, criminal conflict and civil regional
  196  counsel, and assistant criminal conflict and civil regional
  197  counsel; the names, home addresses, telephone numbers, dates of
  198  birth, and places of employment of the spouses and children of
  199  such defenders or counsel; and the names and locations of
  200  schools and day care facilities attended by the children of such
  201  defenders or counsel are exempt from s. 119.07(1) and s. 24(a),
  202  Art. I of the State Constitution.
  203         (II) The names of the spouses and children of the specified
  204  agency personnel identified in sub-sub-subparagraph (I) are
  205  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  206  Constitution. This sub-sub-subparagraph is subject to the Open
  207  Government Sunset Review Act in accordance with s. 119.15 and
  208  shall stand repealed on October 2, 2019, unless reviewed and
  209  saved from repeal through reenactment by the Legislature.
  210         l.k. The home addresses, telephone numbers, dates of birth,
  211  and photographs of current or former investigators or inspectors
  212  of the Department of Business and Professional Regulation; the
  213  names, home addresses, telephone numbers, dates of birth, and
  214  places of employment of the spouses and children of such current
  215  or former investigators and inspectors; and the names and
  216  locations of schools and day care facilities attended by the
  217  children of such current or former investigators and inspectors
  218  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  219  Constitution if the investigator or inspector has made
  220  reasonable efforts to protect such information from being
  221  accessible through other means available to the public. This
  222  sub-subparagraph is subject to the Open Government Sunset Review
  223  Act in accordance with s. 119.15 and shall stand repealed on
  224  October 2, 2017, unless reviewed and saved from repeal through
  225  reenactment by the Legislature.
  226         m.l. The home addresses, and telephone numbers, and dates
  227  of birth of county tax collectors; the names, home addresses,
  228  telephone numbers, dates of birth, and places of employment of
  229  the spouses and children of such tax collectors; and the names
  230  and locations of schools and day care facilities attended by the
  231  children of such tax collectors are exempt from s. 119.07(1) and
  232  s. 24(a), Art. I of the State Constitution if the county tax
  233  collector has made reasonable efforts to protect such
  234  information from being accessible through other means available
  235  to the public. This sub-subparagraph is subject to the Open
  236  Government Sunset Review Act in accordance with s. 119.15 and
  237  shall stand repealed on October 2, 2017, unless reviewed and
  238  saved from repeal through reenactment by the Legislature.
  239         n.m. The home addresses, telephone numbers, dates of birth,
  240  and photographs of current or former personnel of the Department
  241  of Health whose duties include, or result in, the determination
  242  or adjudication of eligibility for social security disability
  243  benefits, the investigation or prosecution of complaints filed
  244  against health care practitioners, or the inspection of health
  245  care practitioners or health care facilities licensed by the
  246  Department of Health; the names, home addresses, telephone
  247  numbers, dates of birth, and places of employment of the spouses
  248  and children of such personnel; and the names and locations of
  249  schools and day care facilities attended by the children of such
  250  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  251  the State Constitution if the personnel have made reasonable
  252  efforts to protect such information from being accessible
  253  through other means available to the public. This sub
  254  subparagraph is subject to the Open Government Sunset Review Act
  255  in accordance with s. 119.15 and shall stand repealed on October
  256  2, 2019, unless reviewed and saved from repeal through
  257  reenactment by the Legislature.
  258         o.n. The home addresses, telephone numbers, dates of birth,
  259  and photographs of current or former impaired practitioner
  260  consultants who are retained by an agency or current or former
  261  employees of an impaired practitioner consultant whose duties
  262  result in a determination of a person’s skill and safety to
  263  practice a licensed profession; the names, home addresses,
  264  telephone numbers, dates of birth, and places of employment of
  265  the spouses and children of such consultants or their employees;
  266  and the names and locations of schools and day care facilities
  267  attended by the children of such consultants or employees are
  268  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  269  Constitution if a consultant or employee has made reasonable
  270  efforts to protect such information from being accessible
  271  through other means available to the public. This sub
  272  subparagraph is subject to the Open Government Sunset Review Act
  273  in accordance with s. 119.15 and shall stand repealed on October
  274  2, 2020, unless reviewed and saved from repeal through
  275  reenactment by the Legislature.
  276         p.o. The home addresses, telephone numbers, dates of birth,
  277  and photographs of current or former emergency medical
  278  technicians or paramedics certified under chapter 401; the
  279  names, home addresses, telephone numbers, dates of birth, and
  280  places of employment of the spouses and children of such
  281  emergency medical technicians or paramedics; and the names and
  282  locations of schools and day care facilities attended by the
  283  children of such emergency medical technicians or paramedics are
  284  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  285  Constitution if the emergency medical technicians or paramedics
  286  have made reasonable efforts to protect such information from
  287  being accessible through other means available to the public.
  288  This sub-subparagraph is subject to the Open Government Sunset
  289  Review Act in accordance with s. 119.15 and shall stand repealed
  290  on October 2, 2021, unless reviewed and saved from repeal
  291  through reenactment by the Legislature.
  292         q.p. The home addresses, telephone numbers, dates of birth,
  293  and photographs of current or former personnel employed in an
  294  agency’s office of inspector general or internal audit
  295  department whose duties include auditing or investigating waste,
  296  fraud, abuse, theft, exploitation, or other activities that
  297  could lead to criminal prosecution or administrative discipline;
  298  the names, home addresses, telephone numbers, dates of birth,
  299  and places of employment of spouses and children of such
  300  personnel; and the names and locations of schools and day care
  301  facilities attended by the children of such personnel are exempt
  302  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  303  if the personnel have made reasonable efforts to protect such
  304  information from being accessible through other means available
  305  to the public. This sub-subparagraph is subject to the Open
  306  Government Sunset Review Act in accordance with s. 119.15 and
  307  shall stand repealed on October 2, 2021, unless reviewed and
  308  saved from repeal through reenactment by the Legislature.
  309         3. An agency that is the custodian of the information
  310  specified in subparagraph 2. and that is not the employer of the
  311  officer, employee, justice, judge, or other person specified in
  312  subparagraph 2. shall maintain the exempt status of that
  313  information only if the officer, employee, justice, judge, other
  314  person, or employing agency of the designated employee submits a
  315  written request for maintenance of the exemption to the
  316  custodial agency.
  317         4. The exemptions in this paragraph apply to information
  318  held by an agency before, on, or after the effective date of the
  319  exemption.
  320         5. Except as otherwise expressly provided in this
  321  paragraph, this paragraph is subject to the Open Government
  322  Sunset Review Act in accordance with s. 119.15, and shall stand
  323  repealed on October 2, 2017, unless reviewed and saved from
  324  repeal through reenactment by the Legislature.
  325         Section 2. (1)(a)The Legislature finds that it is a public
  326  necessity that the following information be exempt from s.
  327  24(a), Article I of the State Constitution:
  328         1.The home addresses, telephone numbers, dates of birth,
  329  and photographs of active or former sworn or civilian law
  330  enforcement personnel, including correctional and correctional
  331  probation officers, personnel of the Department of Children and
  332  Families whose duties include the investigation of abuse,
  333  neglect, exploitation, fraud, theft, or other criminal
  334  activities, personnel of the Department of Health whose duties
  335  are to support the investigation of child abuse or neglect, and
  336  personnel of the Department of Revenue or local governments
  337  whose responsibilities include revenue collection and
  338  enforcement or child support enforcement; the home addresses,
  339  telephone numbers, photographs, dates of birth, and places of
  340  employment of the spouses and children of such personnel; and
  341  the names and locations of schools and day care facilities
  342  attended by the children of such personnel;
  343         2.The home addresses, telephone numbers, dates of birth,
  344  and photographs of firefighters certified in compliance with s.
  345  633.408, Florida Statutes; the home addresses, telephone
  346  numbers, photographs, dates of birth, and places of employment
  347  of the spouses and children of such firefighters; and the names
  348  and locations of schools and day care facilities attended by the
  349  children of such firefighters; and
  350         3.The home addresses, dates of birth, and telephone
  351  numbers of current or former justices of the Supreme Court,
  352  district court of appeal judges, circuit court judges, and
  353  county court judges; the home addresses, telephone numbers,
  354  dates of birth, and places of employment of the spouses and
  355  children of current or former justices and judges; and the names
  356  and locations of schools and day care facilities attended by the
  357  children of current or former justices and judges.
  358         (b) The Legislature finds that it is a public necessity to
  359  exempt this information from s. 24(a), Article I of the State
  360  Constitution in order to prevent disclosure of information that
  361  can be used to identify or locate these governmental personnel
  362  and their spouses and children. These governmental personnel
  363  perform duties that can adversely affect the rights of members
  364  of public. Members of the public can face criminal and civil
  365  liability resulting in the loss of liberty, child custody,
  366  licensure, money, and access to entitlements because of the
  367  actions taken by these governmental personnel. Adversely
  368  affected people, their families, or their friends may place
  369  blame on these governmental personnel for arrests,
  370  investigations, or judicial intervention. Governmental personnel
  371  may also be threatened or harmed by victims who believe
  372  governmental personnel did not adequately perform their duties.
  373  Such governmental personnel are subject to threats and violence
  374  on and off duty, and these threats persist after they leave
  375  their jobs. The threat of danger and revenge extend to the
  376  spouses and children of these governmental personnel.
  377         (c) Furthermore, the combination of personal identification
  378  and location information can be used as a tool to perpetuate
  379  fraud against these governmental personnel and to acquire
  380  sensitive personal, financial, medical, and familial
  381  information, the release of which could cause great financial
  382  harm to these individuals and their families. Identity theft can
  383  also harm these governmental personnel and their families’
  384  reputations. It is in the public interest to protect fully these
  385  governmental employees and their families and to ensure that
  386  their identifying and location information is exempt from public
  387  disclosure when it is held by an entity in the executive,
  388  legislative, or judicial branch of government.
  389         (2)(a)The Legislature finds that it is a public necessity
  390  to exempt the names of the children and spouses of the following
  391  governmental personnel from s. 119.07(1), Florida Statutes, and
  392  s. 24(a), Article I of the State Constitution:
  393         1. Firefighters certified in compliance with s. 633.408,
  394  Florida Statutes;
  395         2. Current or former justices of the Supreme Court,
  396  district court of appeal judges, circuit court judges, and
  397  county court judges; and
  398         3. General magistrates, special magistrates, judges of
  399  compensation claims, administrative law judges of the Division
  400  of Administrative Hearings, and child support enforcement
  401  hearing officers.
  402         (b) Such personnel are often required to interact with
  403  members of the public while they are in difficult circumstances.
  404  These personnel and their families are subject to threats by
  405  members of the public who may seek revenge against them.
  406  Allowing public access to the names of children and spouses will
  407  make the families of these personnel easy to find and expose
  408  them to threats or acts of revenge. Threats or acts of revenge
  409  against the children and spouses of such personnel could
  410  compromise the governmental personnel’s ability to perform their
  411  duties without fear of retaliation.
  412         (3)(a)The Legislature finds that it is a public necessity
  413  to make the following information exempt from s. 119.07(1),
  414  Florida Statutes, and s. 24(a), Article I of the State
  415  Constitution, regardless of whether such individuals made
  416  reasonable efforts to protect such information from being
  417  public:
  418         1.The home addresses, dates of birth, and telephone
  419  numbers of general magistrates, special magistrates, judges of
  420  compensation claims, administrative law judges of the Division
  421  of Administrative Hearings, and child support enforcement
  422  hearing officers; the names, home addresses, telephone numbers,
  423  dates of birth, and places of employment of the spouses and
  424  children of general magistrates, special magistrates, judges of
  425  compensation claims, administrative law judges of the Division
  426  of Administrative Hearings, and child support enforcement
  427  hearing officers; and the names and locations of schools and day
  428  care facilities attended by the children of general magistrates,
  429  special magistrates, judges of compensation claims,
  430  administrative law judges of the Division of Administrative
  431  Hearings, and child support enforcement hearing officers;
  432         2.The home addresses, telephone numbers, dates of birth,
  433  and photographs of current or former guardians ad litem, as
  434  defined in s. 39.820, Florida Statutes; the names, home
  435  addresses, telephone numbers, dates of birth, and places of
  436  employment of the spouses and children of such persons; and the
  437  names and locations of schools and day care facilities attended
  438  by the children of such persons;
  439         3.The home addresses, telephone numbers, dates of birth,
  440  and photographs of current or former investigators or inspectors
  441  of the Department of Business and Professional Regulation; the
  442  names, home addresses, telephone numbers, dates of birth, and
  443  places of employment of the spouses and children of such current
  444  or former investigators and inspectors; and the names and
  445  locations of schools and day care facilities attended by the
  446  children of such current or former investigators and inspectors;
  447  and
  448         4.The home addresses, telephone numbers, and dates of
  449  birth of county tax collectors; the names, home addresses,
  450  telephone numbers, dates of birth, and places of employment of
  451  the spouses and children of such tax collectors; and the names
  452  and locations of schools and day care facilities attended by the
  453  children of such tax collectors.
  454         (b)The Legislature finds that exempting identifying and
  455  location information from public disclosure requirements
  456  protects governmental personnel, guardians ad litem, and their
  457  family members from danger of physical and emotional harm from
  458  disgruntled criminal defendants, litigants, licensees,
  459  taxpayers, and other members of the public. These individuals
  460  may be subject to threats or acts of revenge because of the
  461  duties they perform. Their family members are also endangered by
  462  people who may seek to intimidate or harm such personnel or
  463  guardians ad litem. In addition, criminals could use
  464  identification and location information for identity theft that
  465  can cause financial harm to these governmental personnel,
  466  guardians ad litem, and their families. The harm that might
  467  result from the release of exempt information outweighs any
  468  public benefit that could be derived from disclosure. For these
  469  reasons, the exemptions should be applied without requiring such
  470  governmental personnel or guardians ad litem prove that they
  471  have not made their information public.
  472         (c) In addition, requiring these governmental personnel or
  473  guardians ad litem prove that they made reasonable efforts to
  474  protect their identification and location information is an
  475  added burden on these individuals as well as on agencies
  476  receiving a public records request. The extent to which these
  477  individuals must protect their information from public
  478  accessibility is unclear. It is also unclear how much proof an
  479  agency needs in order to grant the exemption. The burden on an
  480  agency to verify whether these individuals have protected from
  481  public disclosure their identifying and location information
  482  adversely impacts the effective and efficient administration of
  483  government in establishing who is eligible for an exemption.
  484  Relatively few public records exemptions require an individual
  485  to prove that he or she made reasonable efforts to protect his
  486  or her information from being available to the public. Such
  487  inconsistencies among public records exemptions reduce accuracy
  488  and efficiency when redacting exempt information when a public
  489  records request for agency personnel information is made. It is
  490  not in the public interest for the public to receive
  491  inaccurately redacted information.
  492         (4)(a) The Legislature finds that it is a public necessity
  493  that the dates of birth of the following people be exempt from
  494  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
  495  State Constitution:
  496         1. Current or former investigators or inspectors of the
  497  Department of Business and Professional Regulation and their
  498  spouses and children; and
  499         2. County tax collectors and their spouses and children.
  500         (b) Dates of birth can be used as a tool to perpetuate
  501  fraud against an individual and to acquire sensitive personal,
  502  financial, medical, and familial information, the release of
  503  which could cause great financial harm to an individual and his
  504  or her family. Identity theft can also be used to harm their
  505  reputations and good name.
  506         (5) The Legislature finds that the amendments to s.
  507  119.071(4)(d), Florida Statutes, made by this act are necessary
  508  to bring greater uniformity among public records exemptions for
  509  agency personnel information because exempted information
  510  currently varies from exemption to exemption. Inconsistencies
  511  between public records exemptions for agency personnel
  512  information result in increased inaccuracy and inefficiency when
  513  information must be redacted in response to a public records
  514  request. Unnecessary complexity increases the likelihood that
  515  public records custodians may inaccurately redact information in
  516  a record. As a result, the public could receive information that
  517  improperly redacts information that is not exempt or have access
  518  to exempt information that should have been redacted. It is not
  519  in the interest of the public to receive inaccurately redacted
  520  information, or to unnecessarily pay fees for staff time
  521  associated with redacting extraneous information. In addition,
  522  the accidental release of personal identifying and location
  523  information can endanger personnel or otherwise negate the
  524  purpose of the exemption.
  525         Section 3. This act shall take effect October 1, 2017.