Florida Senate - 2019                              CS for SB 248
       
       
        
       By the Committee on Criminal Justice; and Senators Hooper,
       Baxley, and Simpson
       
       
       
       
       591-02312-19                                           2019248c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; expanding exemptions from public
    4         records requirements for agency personnel information
    5         by defining the term “home addresses” for purposes of
    6         public records exemptions for personal identifying and
    7         location information of certain agency personnel and
    8         their family members; exempting personal identifying
    9         and location information of active or former civilian
   10         personnel employed by a law enforcement agency, and of
   11         spouses and children of such personnel, from public
   12         records requirements; providing for legislative review
   13         and repeal of the exemptions; providing statements of
   14         public necessity; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (4) of section
   19  119.071, Florida Statutes, is amended to read:
   20         119.071 General exemptions from inspection or copying of
   21  public records.—
   22         (4) AGENCY PERSONNEL INFORMATION.—
   23         (d)1. For purposes of this paragraph, the term:
   24         a. “Home addresses” means the dwelling location at which an
   25  individual resides and includes the physical address, mailing
   26  address, street address, parcel identification number, plot
   27  identification number, legal property description, neighborhood
   28  name and lot number, GPS coordinates, and any other descriptive
   29  property information that may reveal the home address.
   30         b. “Telephone numbers” includes home telephone numbers,
   31  personal cellular telephone numbers, personal pager telephone
   32  numbers, and telephone numbers associated with personal
   33  communications devices.
   34         2.a. The home addresses, telephone numbers, dates of birth,
   35  and photographs of active or former sworn or civilian law
   36  enforcement personnel or of active or former civilian personnel
   37  employed by a law enforcement agency, including correctional and
   38  correctional probation officers, personnel of the Department of
   39  Children and Families whose duties include the investigation of
   40  abuse, neglect, exploitation, fraud, theft, or other criminal
   41  activities, personnel of the Department of Health whose duties
   42  are to support the investigation of child abuse or neglect, and
   43  personnel of the Department of Revenue or local governments
   44  whose responsibilities include revenue collection and
   45  enforcement or child support enforcement; the names, home
   46  addresses, telephone numbers, photographs, dates of birth, and
   47  places of employment of the spouses and children of such
   48  personnel; and the names and locations of schools and day care
   49  facilities attended by the children of such personnel are exempt
   50  from s. 119.07(1) and s. 24(a), Art. I of the State
   51  Constitution. This sub-subparagraph is subject to the Open
   52  Government Sunset Review Act in accordance with s. 119.15 and
   53  shall stand repealed on October 2, 2022, unless reviewed and
   54  saved from repeal through reenactment by the Legislature.
   55         b. The home addresses, telephone numbers, dates of birth,
   56  and photographs of current or former nonsworn investigative
   57  personnel of the Department of Financial Services whose duties
   58  include the investigation of fraud, theft, workers’ compensation
   59  coverage requirements and compliance, other related criminal
   60  activities, or state regulatory requirement violations; the
   61  names, home addresses, telephone numbers, dates of birth, and
   62  places of employment of the spouses and children of such
   63  personnel; and the names and locations of schools and day care
   64  facilities attended by the children of such personnel are exempt
   65  from s. 119.07(1) and s. 24(a), Art. I of the State
   66  Constitution. This sub-subparagraph is subject to the Open
   67  Government Sunset Review Act in accordance with s. 119.15 and
   68  shall stand repealed on October 2, 2021, unless reviewed and
   69  saved from repeal through reenactment by the Legislature.
   70         c. The home addresses, telephone numbers, dates of birth,
   71  and photographs of current or former nonsworn investigative
   72  personnel of the Office of Financial Regulation’s Bureau of
   73  Financial Investigations whose duties include the investigation
   74  of fraud, theft, other related criminal activities, or state
   75  regulatory requirement violations; the names, home addresses,
   76  telephone numbers, dates of birth, and places of employment of
   77  the spouses and children of such personnel; and the names and
   78  locations of schools and day care facilities attended by the
   79  children of such personnel are exempt from s. 119.07(1) and s.
   80  24(a), Art. I of the State Constitution. This sub-subparagraph
   81  is subject to the Open Government Sunset Review Act in
   82  accordance with s. 119.15 and shall stand repealed on October 2,
   83  2022, unless reviewed and saved from repeal through reenactment
   84  by the Legislature.
   85         d. The home addresses, telephone numbers, dates of birth,
   86  and photographs of current or former firefighters certified in
   87  compliance with s. 633.408; the names, home addresses, telephone
   88  numbers, photographs, dates of birth, and places of employment
   89  of the spouses and children of such firefighters; and the names
   90  and locations of schools and day care facilities attended by the
   91  children of such firefighters are exempt from s. 119.07(1) and
   92  s. 24(a), Art. I of the State Constitution. This sub
   93  subparagraph is subject to the Open Government Sunset Review Act
   94  in accordance with s. 119.15, and shall stand repealed on
   95  October 2, 2022, unless reviewed and saved from repeal through
   96  reenactment by the Legislature.
   97         e. The home addresses, dates of birth, and telephone
   98  numbers of current or former justices of the Supreme Court,
   99  district court of appeal judges, circuit court judges, and
  100  county court judges; the names, home addresses, telephone
  101  numbers, dates of birth, and places of employment of the spouses
  102  and children of current or former justices and judges; and the
  103  names and locations of schools and day care facilities attended
  104  by the children of current or former justices and judges are
  105  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  106  Constitution. This sub-subparagraph is subject to the Open
  107  Government Sunset Review Act in accordance with s. 119.15 and
  108  shall stand repealed on October 2, 2022, unless reviewed and
  109  saved from repeal through reenactment by the Legislature.
  110         f. The home addresses, telephone numbers, dates of birth,
  111  and photographs of current or former state attorneys, assistant
  112  state attorneys, statewide prosecutors, or assistant statewide
  113  prosecutors; the names, home addresses, telephone numbers,
  114  photographs, dates of birth, and places of employment of the
  115  spouses and children of current or former state attorneys,
  116  assistant state attorneys, statewide prosecutors, or assistant
  117  statewide prosecutors; and the names and locations of schools
  118  and day care facilities attended by the children of current or
  119  former state attorneys, assistant state attorneys, statewide
  120  prosecutors, or assistant statewide prosecutors are exempt from
  121  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  122         g. The home addresses, dates of birth, and telephone
  123  numbers of general magistrates, special magistrates, judges of
  124  compensation claims, administrative law judges of the Division
  125  of Administrative Hearings, and child support enforcement
  126  hearing officers; the names, home addresses, telephone numbers,
  127  dates of birth, and places of employment of the spouses and
  128  children of general magistrates, special magistrates, judges of
  129  compensation claims, administrative law judges of the Division
  130  of Administrative Hearings, and child support enforcement
  131  hearing officers; and the names and locations of schools and day
  132  care facilities attended by the children of general magistrates,
  133  special magistrates, judges of compensation claims,
  134  administrative law judges of the Division of Administrative
  135  Hearings, and child support enforcement hearing officers are
  136  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  137  Constitution. This sub-subparagraph is subject to the Open
  138  Government Sunset Review Act in accordance with s. 119.15 and
  139  shall stand repealed on October 2, 2022, unless reviewed and
  140  saved from repeal through reenactment by the Legislature.
  141         h. The home addresses, telephone numbers, dates of birth,
  142  and photographs of current or former human resource, labor
  143  relations, or employee relations directors, assistant directors,
  144  managers, or assistant managers of any local government agency
  145  or water management district whose duties include hiring and
  146  firing employees, labor contract negotiation, administration, or
  147  other personnel-related duties; the names, home addresses,
  148  telephone numbers, dates of birth, and places of employment of
  149  the spouses and children of such personnel; and the names and
  150  locations of schools and day care facilities attended by the
  151  children of such personnel are exempt from s. 119.07(1) and s.
  152  24(a), Art. I of the State Constitution.
  153         i. The home addresses, telephone numbers, dates of birth,
  154  and photographs of current or former code enforcement officers;
  155  the names, home addresses, telephone numbers, dates of birth,
  156  and places of employment of the spouses and children of such
  157  personnel; and the names and locations of schools and day care
  158  facilities attended by the children of such personnel are exempt
  159  from s. 119.07(1) and s. 24(a), Art. I of the State
  160  Constitution.
  161         j. The home addresses, telephone numbers, places of
  162  employment, dates of birth, and photographs of current or former
  163  guardians ad litem, as defined in s. 39.820; the names, home
  164  addresses, telephone numbers, dates of birth, and places of
  165  employment of the spouses and children of such persons; and the
  166  names and locations of schools and day care facilities attended
  167  by the children of such persons are exempt from s. 119.07(1) and
  168  s. 24(a), Art. I of the State Constitution. This sub
  169  subparagraph is subject to the Open Government Sunset Review Act
  170  in accordance with s. 119.15 and shall stand repealed on October
  171  2, 2022, unless reviewed and saved from repeal through
  172  reenactment by the Legislature.
  173         k. The home addresses, telephone numbers, dates of birth,
  174  and photographs of current or former juvenile probation
  175  officers, juvenile probation supervisors, detention
  176  superintendents, assistant detention superintendents, juvenile
  177  justice detention officers I and II, juvenile justice detention
  178  officer supervisors, juvenile justice residential officers,
  179  juvenile justice residential officer supervisors I and II,
  180  juvenile justice counselors, juvenile justice counselor
  181  supervisors, human services counselor administrators, senior
  182  human services counselor administrators, rehabilitation
  183  therapists, and social services counselors of the Department of
  184  Juvenile Justice; the names, home addresses, telephone numbers,
  185  dates of birth, and places of employment of spouses and children
  186  of such personnel; and the names and locations of schools and
  187  day care facilities attended by the children of such personnel
  188  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  189  Constitution.
  190         l. The home addresses, telephone numbers, dates of birth,
  191  and photographs of current or former public defenders, assistant
  192  public defenders, criminal conflict and civil regional counsel,
  193  and assistant criminal conflict and civil regional counsel; the
  194  names, home addresses, telephone numbers, dates of birth, and
  195  places of employment of the spouses and children of current or
  196  former public defenders, assistant public defenders, criminal
  197  conflict and civil regional counsel, and assistant criminal
  198  conflict and civil regional counsel; and the names and locations
  199  of schools and day care facilities attended by the children of
  200  current or former public defenders, assistant public defenders,
  201  criminal conflict and civil regional counsel, and assistant
  202  criminal conflict and civil regional counsel are exempt from s.
  203  119.07(1) and s. 24(a), Art. I of the State Constitution.
  204         m. The home addresses, telephone numbers, dates of birth,
  205  and photographs of current or former investigators or inspectors
  206  of the Department of Business and Professional Regulation; the
  207  names, home addresses, telephone numbers, dates of birth, and
  208  places of employment of the spouses and children of such current
  209  or former investigators and inspectors; and the names and
  210  locations of schools and day care facilities attended by the
  211  children of such current or former investigators and inspectors
  212  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  213  Constitution. This sub-subparagraph is subject to the Open
  214  Government Sunset Review Act in accordance with s. 119.15 and
  215  shall stand repealed on October 2, 2022, unless reviewed and
  216  saved from repeal through reenactment by the Legislature.
  217         n. The home addresses, telephone numbers, and dates of
  218  birth of county tax collectors; the names, home addresses,
  219  telephone numbers, dates of birth, and places of employment of
  220  the spouses and children of such tax collectors; and the names
  221  and locations of schools and day care facilities attended by the
  222  children of such tax collectors are exempt from s. 119.07(1) and
  223  s. 24(a), Art. I of the State Constitution. This sub
  224  subparagraph is subject to the Open Government Sunset Review Act
  225  in accordance with s. 119.15 and shall stand repealed on October
  226  2, 2022, unless reviewed and saved from repeal through
  227  reenactment by the Legislature.
  228         o. The home addresses, telephone numbers, dates of birth,
  229  and photographs of current or former personnel of the Department
  230  of Health whose duties include, or result in, the determination
  231  or adjudication of eligibility for social security disability
  232  benefits, the investigation or prosecution of complaints filed
  233  against health care practitioners, or the inspection of health
  234  care practitioners or health care facilities licensed by the
  235  Department of Health; the names, home addresses, telephone
  236  numbers, dates of birth, and places of employment of the spouses
  237  and children of such personnel; and the names and locations of
  238  schools and day care facilities attended by the children of such
  239  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  240  the State Constitution. This sub-subparagraph is subject to the
  241  Open Government Sunset Review Act in accordance with s. 119.15
  242  and shall stand repealed on October 2, 2019, unless reviewed and
  243  saved from repeal through reenactment by the Legislature.
  244         p. The home addresses, telephone numbers, dates of birth,
  245  and photographs of current or former impaired practitioner
  246  consultants who are retained by an agency or current or former
  247  employees of an impaired practitioner consultant whose duties
  248  result in a determination of a person’s skill and safety to
  249  practice a licensed profession; the names, home addresses,
  250  telephone numbers, dates of birth, and places of employment of
  251  the spouses and children of such consultants or their employees;
  252  and the names and locations of schools and day care facilities
  253  attended by the children of such consultants or employees are
  254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  255  Constitution. This sub-subparagraph is subject to the Open
  256  Government Sunset Review Act in accordance with s. 119.15 and
  257  shall stand repealed on October 2, 2020, unless reviewed and
  258  saved from repeal through reenactment by the Legislature.
  259         q. The home addresses, telephone numbers, dates of birth,
  260  and photographs of current or former emergency medical
  261  technicians or paramedics certified under chapter 401; the
  262  names, home addresses, telephone numbers, dates of birth, and
  263  places of employment of the spouses and children of such
  264  emergency medical technicians or paramedics; and the names and
  265  locations of schools and day care facilities attended by the
  266  children of such emergency medical technicians or paramedics are
  267  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  268  Constitution. This sub-subparagraph is subject to the Open
  269  Government Sunset Review Act in accordance with s. 119.15 and
  270  shall stand repealed on October 2, 2021, unless reviewed and
  271  saved from repeal through reenactment by the Legislature.
  272         r. The home addresses, telephone numbers, dates of birth,
  273  and photographs of current or former personnel employed in an
  274  agency’s office of inspector general or internal audit
  275  department whose duties include auditing or investigating waste,
  276  fraud, abuse, theft, exploitation, or other activities that
  277  could lead to criminal prosecution or administrative discipline;
  278  the names, home addresses, telephone numbers, dates of birth,
  279  and places of employment of spouses and children of such
  280  personnel; and the names and locations of schools and day care
  281  facilities attended by the children of such personnel are exempt
  282  from s. 119.07(1) and s. 24(a), Art. I of the State
  283  Constitution. This sub-subparagraph is subject to the Open
  284  Government Sunset Review Act in accordance with s. 119.15 and
  285  shall stand repealed on October 2, 2021, unless reviewed and
  286  saved from repeal through reenactment by the Legislature.
  287         s. The home addresses, telephone numbers, dates of birth,
  288  and photographs of current or former directors, managers,
  289  supervisors, nurses, and clinical employees of an addiction
  290  treatment facility; the home addresses, telephone numbers,
  291  photographs, dates of birth, and places of employment of the
  292  spouses and children of such personnel; and the names and
  293  locations of schools and day care facilities attended by the
  294  children of such personnel are exempt from s. 119.07(1) and s.
  295  24(a), Art. I of the State Constitution. For purposes of this
  296  sub-subparagraph, the term “addiction treatment facility” means
  297  a county government, or agency thereof, that is licensed
  298  pursuant to s. 397.401 and provides substance abuse prevention,
  299  intervention, or clinical treatment, including any licensed
  300  service component described in s. 397.311(26). This sub
  301  subparagraph is subject to the Open Government Sunset Review Act
  302  in accordance with s. 119.15 and shall stand repealed on October
  303  2, 2023, unless reviewed and saved from repeal through
  304  reenactment by the Legislature.
  305         t. The home addresses, telephone numbers, dates of birth,
  306  and photographs of current or former directors, managers,
  307  supervisors, and clinical employees of a child advocacy center
  308  that meets the standards of s. 39.3035(1) and fulfills the
  309  screening requirement of s. 39.3035(2), and the members of a
  310  child protection team as described in s. 39.303 whose duties
  311  include supporting the investigation of child abuse or sexual
  312  abuse, child abandonment, child neglect, and child exploitation
  313  or to provide services as part of a multidisciplinary case
  314  review team; the names, home addresses, telephone numbers,
  315  photographs, dates of birth, and places of employment of the
  316  spouses and children of such personnel and members; and the
  317  names and locations of schools and day care facilities attended
  318  by the children of such personnel and members are exempt from s.
  319  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  320  sub-subparagraph is subject to the Open Government Sunset Review
  321  Act in accordance with s. 119.15 and shall stand repealed on
  322  October 2, 2023, unless reviewed and saved from repeal through
  323  reenactment by the Legislature.
  324         3. An agency that is the custodian of the information
  325  specified in subparagraph 2. and that is not the employer of the
  326  officer, employee, justice, judge, or other person specified in
  327  subparagraph 2. shall maintain the exempt status of that
  328  information only if the officer, employee, justice, judge, other
  329  person, or employing agency of the designated employee submits a
  330  written request for maintenance of the exemption to the
  331  custodial agency.
  332         4. The exemptions in this paragraph apply to information
  333  held by an agency before, on, or after the effective date of the
  334  exemption.
  335         5. This paragraph is subject to the Open Government Sunset
  336  Review Act in accordance with s. 119.15 and shall stand repealed
  337  on October 2, 2024, unless reviewed and saved from repeal
  338  through reenactment by the Legislature.
  339         Section 2. (1) The Legislature finds that it is a public
  340  necessity to define the term “home addresses” for purposes of
  341  the public records exemptions for agency personnel information
  342  under s. 119.071(4)(d), Florida Statutes. The public records
  343  exemptions for agency personnel information protect identifying
  344  and location information of numerous types of personnel,
  345  including, but not limited to, current or former law enforcement
  346  officers, investigative personnel, state attorneys and
  347  prosecutors, public defenders, guardians ad litem, Supreme Court
  348  justices, various judges, and the spouses and children of such
  349  personnel. The Legislature has previously recognized that such
  350  personnel and their family members are at a heightened risk of
  351  physical and emotional harm from disgruntled individuals who
  352  have contentious reactions to actions taken by such personnel,
  353  or whose business or professional practices have come under
  354  scrutiny of such personnel, and, as a result, has enacted
  355  various public records exemptions. While home addresses of such
  356  personnel and their family members are already exempt from s.
  357  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  358  State Constitution, the current exemptions do not provide
  359  protection for various forms of descriptive property information
  360  that may be used on its own, or in conjunction with other
  361  information, to reveal the home addresses that otherwise should
  362  be protected from public disclosure. Therefore, the Legislature
  363  finds that it is a public necessity to specifically define the
  364  term “home addresses” so that the safety and privacy of various
  365  personnel and their family members are not compromised.
  366         (2) The Legislature further finds that it is a public
  367  necessity that the home addresses, telephone numbers, dates of
  368  birth, and photographs of active or former civilian personnel
  369  employed by a law enforcement agency; the names, home addresses,
  370  telephone numbers, photographs, dates of birth, and places of
  371  employment of the spouses and children of such personnel; and
  372  the names and locations of schools and day care facilities
  373  attended by the children of such personnel be exempt from public
  374  records requirements. Existing law already provides that the
  375  identifying and location information of active or former
  376  civilian law enforcement personnel and their spouses and
  377  children are exempt from public records requirements. The
  378  amendment made by this act further specifies that any active or
  379  former civilian personnel employed by a law enforcement agency
  380  and their spouses and children are entitled to the protections
  381  of the public records exemption. The civilian personnel of law
  382  enforcement agencies perform a variety of important duties that
  383  ensure public safety and welfare and encourage safe and secure
  384  communities. As a result of such duties, these civilian
  385  personnel often come into close contact with individuals who not
  386  only may be a threat to those personnel, but who might also seek
  387  to take revenge against them by harming their spouses and
  388  children. The Legislature finds that modifying the public
  389  records exemption to apply to all active or former civilian
  390  personnel employed by a law enforcement agency and their spouses
  391  and children will serve the public interest by further ensuring
  392  the safety of such personnel.
  393         Section 3. This act shall take effect July 1, 2019.