Florida Senate - 2020                                     SB 832
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01075-20                                            2020832__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for certain identifying and
    5         location information of current members of the
    6         Legislature and the Cabinet, and the children and
    7         spouses of such legislators and officers; providing
    8         for retroactive application; providing a statement of
    9         public necessity; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (4) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (4) AGENCY PERSONNEL INFORMATION.—
   18         (d)1. For purposes of this paragraph, the term:
   19         a. “Home addresses” means the dwelling location at which an
   20  individual resides and includes the physical address, mailing
   21  address, street address, parcel identification number, plot
   22  identification number, legal property description, neighborhood
   23  name and lot number, GPS coordinates, and any other descriptive
   24  property information that may reveal the home address.
   25         b. “Telephone numbers” includes home telephone numbers,
   26  personal cellular telephone numbers, personal pager telephone
   27  numbers, and telephone numbers associated with personal
   28  communications devices.
   29         2.a. The home addresses, telephone numbers, dates of birth,
   30  and photographs of active or former sworn law enforcement
   31  personnel or of active or former civilian personnel employed by
   32  a law enforcement agency, including correctional and
   33  correctional probation officers, personnel of the Department of
   34  Children and Families whose duties include the investigation of
   35  abuse, neglect, exploitation, fraud, theft, or other criminal
   36  activities, personnel of the Department of Health whose duties
   37  are to support the investigation of child abuse or neglect, and
   38  personnel of the Department of Revenue or local governments
   39  whose responsibilities include revenue collection and
   40  enforcement or child support enforcement; the names, home
   41  addresses, telephone numbers, photographs, dates of birth, and
   42  places of employment of the spouses and children of such
   43  personnel; and the names and locations of schools and day care
   44  facilities attended by the children of such personnel are exempt
   45  from s. 119.07(1) and s. 24(a), Art. I of the State
   46  Constitution.
   47         b. The home addresses, telephone numbers, dates of birth,
   48  and photographs of current or former nonsworn investigative
   49  personnel of the Department of Financial Services whose duties
   50  include the investigation of fraud, theft, workers’ compensation
   51  coverage requirements and compliance, other related criminal
   52  activities, or state regulatory requirement violations; the
   53  names, home addresses, telephone numbers, dates of birth, and
   54  places of employment of the spouses and children of such
   55  personnel; and the names and locations of schools and day care
   56  facilities attended by the children of such personnel are exempt
   57  from s. 119.07(1) and s. 24(a), Art. I of the State
   58  Constitution.
   59         c. The home addresses, telephone numbers, dates of birth,
   60  and photographs of current or former nonsworn investigative
   61  personnel of the Office of Financial Regulation’s Bureau of
   62  Financial Investigations whose duties include the investigation
   63  of fraud, theft, other related criminal activities, or state
   64  regulatory requirement violations; the names, home addresses,
   65  telephone numbers, dates of birth, and places of employment of
   66  the spouses and children of such personnel; and the names and
   67  locations of schools and day care facilities attended by the
   68  children of such personnel are exempt from s. 119.07(1) and s.
   69  24(a), Art. I of the State Constitution.
   70         d. The home addresses, telephone numbers, dates of birth,
   71  and photographs of current or former firefighters certified in
   72  compliance with s. 633.408; the names, home addresses, telephone
   73  numbers, photographs, dates of birth, and places of employment
   74  of the spouses and children of such firefighters; and the names
   75  and locations of schools and day care facilities attended by the
   76  children of such firefighters are exempt from s. 119.07(1) and
   77  s. 24(a), Art. I of the State Constitution.
   78         e. The home addresses, dates of birth, and telephone
   79  numbers of current or former justices of the Supreme Court,
   80  district court of appeal judges, circuit court judges, and
   81  county court judges; the names, home addresses, telephone
   82  numbers, dates of birth, and places of employment of the spouses
   83  and children of current or former justices and judges; and the
   84  names and locations of schools and day care facilities attended
   85  by the children of current or former justices and judges are
   86  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   87  Constitution.
   88         f. The home addresses, telephone numbers, dates of birth,
   89  and photographs of current or former state attorneys, assistant
   90  state attorneys, statewide prosecutors, or assistant statewide
   91  prosecutors; the names, home addresses, telephone numbers,
   92  photographs, dates of birth, and places of employment of the
   93  spouses and children of current or former state attorneys,
   94  assistant state attorneys, statewide prosecutors, or assistant
   95  statewide prosecutors; and the names and locations of schools
   96  and day care facilities attended by the children of current or
   97  former state attorneys, assistant state attorneys, statewide
   98  prosecutors, or assistant statewide prosecutors are exempt from
   99  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  100         g. The home addresses, dates of birth, and telephone
  101  numbers of general magistrates, special magistrates, judges of
  102  compensation claims, administrative law judges of the Division
  103  of Administrative Hearings, and child support enforcement
  104  hearing officers; the names, home addresses, telephone numbers,
  105  dates of birth, and places of employment of the spouses and
  106  children of general magistrates, special magistrates, judges of
  107  compensation claims, administrative law judges of the Division
  108  of Administrative Hearings, and child support enforcement
  109  hearing officers; and the names and locations of schools and day
  110  care facilities attended by the children of general magistrates,
  111  special magistrates, judges of compensation claims,
  112  administrative law judges of the Division of Administrative
  113  Hearings, and child support enforcement hearing officers are
  114  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  115  Constitution.
  116         h. The home addresses, telephone numbers, dates of birth,
  117  and photographs of current or former human resource, labor
  118  relations, or employee relations directors, assistant directors,
  119  managers, or assistant managers of any local government agency
  120  or water management district whose duties include hiring and
  121  firing employees, labor contract negotiation, administration, or
  122  other personnel-related duties; the names, home addresses,
  123  telephone numbers, dates of birth, and places of employment of
  124  the spouses and children of such personnel; and the names and
  125  locations of schools and day care facilities attended by the
  126  children of such personnel are exempt from s. 119.07(1) and s.
  127  24(a), Art. I of the State Constitution.
  128         i. The home addresses, telephone numbers, dates of birth,
  129  and photographs of current or former code enforcement officers;
  130  the names, home addresses, telephone numbers, dates of birth,
  131  and places of employment of the spouses and children of such
  132  personnel; and the names and locations of schools and day care
  133  facilities attended by the children of such personnel are exempt
  134  from s. 119.07(1) and s. 24(a), Art. I of the State
  135  Constitution.
  136         j. The home addresses, telephone numbers, places of
  137  employment, dates of birth, and photographs of current or former
  138  guardians ad litem, as defined in s. 39.820; the names, home
  139  addresses, telephone numbers, dates of birth, and places of
  140  employment of the spouses and children of such persons; and the
  141  names and locations of schools and day care facilities attended
  142  by the children of such persons are exempt from s. 119.07(1) and
  143  s. 24(a), Art. I of the State Constitution.
  144         k. The home addresses, telephone numbers, dates of birth,
  145  and photographs of current or former juvenile probation
  146  officers, juvenile probation supervisors, detention
  147  superintendents, assistant detention superintendents, juvenile
  148  justice detention officers I and II, juvenile justice detention
  149  officer supervisors, juvenile justice residential officers,
  150  juvenile justice residential officer supervisors I and II,
  151  juvenile justice counselors, juvenile justice counselor
  152  supervisors, human services counselor administrators, senior
  153  human services counselor administrators, rehabilitation
  154  therapists, and social services counselors of the Department of
  155  Juvenile Justice; the names, home addresses, telephone numbers,
  156  dates of birth, and places of employment of spouses and children
  157  of such personnel; and the names and locations of schools and
  158  day care facilities attended by the children of such personnel
  159  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  160  Constitution.
  161         l. The home addresses, telephone numbers, dates of birth,
  162  and photographs of current or former public defenders, assistant
  163  public defenders, criminal conflict and civil regional counsel,
  164  and assistant criminal conflict and civil regional counsel; the
  165  names, home addresses, telephone numbers, dates of birth, and
  166  places of employment of the spouses and children of current or
  167  former public defenders, assistant public defenders, criminal
  168  conflict and civil regional counsel, and assistant criminal
  169  conflict and civil regional counsel; and the names and locations
  170  of schools and day care facilities attended by the children of
  171  current or former public defenders, assistant public defenders,
  172  criminal conflict and civil regional counsel, and assistant
  173  criminal conflict and civil regional counsel are exempt from s.
  174  119.07(1) and s. 24(a), Art. I of the State Constitution.
  175         m. The home addresses, telephone numbers, dates of birth,
  176  and photographs of current or former investigators or inspectors
  177  of the Department of Business and Professional Regulation; the
  178  names, home addresses, telephone numbers, dates of birth, and
  179  places of employment of the spouses and children of such current
  180  or former investigators and inspectors; and the names and
  181  locations of schools and day care facilities attended by the
  182  children of such current or former investigators and inspectors
  183  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  184  Constitution.
  185         n. The home addresses, telephone numbers, and dates of
  186  birth of county tax collectors; the names, home addresses,
  187  telephone numbers, dates of birth, and places of employment of
  188  the spouses and children of such tax collectors; and the names
  189  and locations of schools and day care facilities attended by the
  190  children of such tax collectors are exempt from s. 119.07(1) and
  191  s. 24(a), Art. I of the State Constitution.
  192         o. The home addresses, telephone numbers, dates of birth,
  193  and photographs of current or former personnel of the Department
  194  of Health whose duties include, or result in, the determination
  195  or adjudication of eligibility for social security disability
  196  benefits, the investigation or prosecution of complaints filed
  197  against health care practitioners, or the inspection of health
  198  care practitioners or health care facilities licensed by the
  199  Department of Health; the names, home addresses, telephone
  200  numbers, dates of birth, and places of employment of the spouses
  201  and children of such personnel; and the names and locations of
  202  schools and day care facilities attended by the children of such
  203  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  204  the State Constitution.
  205         p. The home addresses, telephone numbers, dates of birth,
  206  and photographs of current or former impaired practitioner
  207  consultants who are retained by an agency or current or former
  208  employees of an impaired practitioner consultant whose duties
  209  result in a determination of a person’s skill and safety to
  210  practice a licensed profession; the names, home addresses,
  211  telephone numbers, dates of birth, and places of employment of
  212  the spouses and children of such consultants or their employees;
  213  and the names and locations of schools and day care facilities
  214  attended by the children of such consultants or employees are
  215  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  216  Constitution.
  217         q. The home addresses, telephone numbers, dates of birth,
  218  and photographs of current or former emergency medical
  219  technicians or paramedics certified under chapter 401; the
  220  names, home addresses, telephone numbers, dates of birth, and
  221  places of employment of the spouses and children of such
  222  emergency medical technicians or paramedics; and the names and
  223  locations of schools and day care facilities attended by the
  224  children of such emergency medical technicians or paramedics are
  225  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  226  Constitution.
  227         r. The home addresses, telephone numbers, dates of birth,
  228  and photographs of current or former personnel employed in an
  229  agency’s office of inspector general or internal audit
  230  department whose duties include auditing or investigating waste,
  231  fraud, abuse, theft, exploitation, or other activities that
  232  could lead to criminal prosecution or administrative discipline;
  233  the names, home addresses, telephone numbers, dates of birth,
  234  and places of employment of spouses and children of such
  235  personnel; and the names and locations of schools and day care
  236  facilities attended by the children of such personnel are exempt
  237  from s. 119.07(1) and s. 24(a), Art. I of the State
  238  Constitution.
  239         s. The home addresses, telephone numbers, dates of birth,
  240  and photographs of current or former directors, managers,
  241  supervisors, nurses, and clinical employees of an addiction
  242  treatment facility; the home addresses, telephone numbers,
  243  photographs, dates of birth, and places of employment of the
  244  spouses and children of such personnel; and the names and
  245  locations of schools and day care facilities attended by the
  246  children of such personnel are exempt from s. 119.07(1) and s.
  247  24(a), Art. I of the State Constitution. For purposes of this
  248  sub-subparagraph, the term “addiction treatment facility” means
  249  a county government, or agency thereof, that is licensed
  250  pursuant to s. 397.401 and provides substance abuse prevention,
  251  intervention, or clinical treatment, including any licensed
  252  service component described in s. 397.311(26).
  253         t. The home addresses, telephone numbers, dates of birth,
  254  and photographs of current or former directors, managers,
  255  supervisors, and clinical employees of a child advocacy center
  256  that meets the standards of s. 39.3035(1) and fulfills the
  257  screening requirement of s. 39.3035(2), and the members of a
  258  Child Protection Team as described in s. 39.303 whose duties
  259  include supporting the investigation of child abuse or sexual
  260  abuse, child abandonment, child neglect, and child exploitation
  261  or to provide services as part of a multidisciplinary case
  262  review team; the names, home addresses, telephone numbers,
  263  photographs, dates of birth, and places of employment of the
  264  spouses and children of such personnel and members; and the
  265  names and locations of schools and day care facilities attended
  266  by the children of such personnel and members are exempt from s.
  267  119.07(1) and s. 24(a), Art. I of the State Constitution.
  268         u. The home addresses, telephone numbers, and dates of
  269  birth of current members of the Senate, members of the House of
  270  Representatives, and Cabinet officers; the names, home
  271  addresses, telephone numbers, dates of birth, and places of
  272  employment of the spouses and children of current legislators
  273  and Cabinet officers; and the names and locations of schools and
  274  day care facilities attended by the children of current
  275  legislators and Cabinet officers are exempt from s. 119.07(1)
  276  and s. 24(a), Art. I of the State Constitution.
  277         3. An agency that is the custodian of the information
  278  specified in subparagraph 2. and that is not the employer of the
  279  officer, employee, justice, judge, or other person specified in
  280  subparagraph 2. shall maintain the exempt status of that
  281  information only if the officer, employee, justice, judge, other
  282  person, or employing agency of the designated employee submits a
  283  written request for maintenance of the exemption to the
  284  custodial agency.
  285         4. An officer, an employee, a justice, a judge, or other
  286  person specified in subparagraph 2. may submit a written request
  287  for the release of his or her exempt information to the
  288  custodial agency. The written request must be notarized and must
  289  specify the information to be released and the party that is
  290  authorized to receive the information. Upon receipt of the
  291  written request, the custodial agency shall release the
  292  specified information to the party authorized to receive such
  293  information.
  294         5. The exemptions in this paragraph apply to information
  295  held by an agency before, on, or after the effective date of the
  296  exemption.
  297         6. This paragraph is subject to the Open Government Sunset
  298  Review Act in accordance with s. 119.15 and shall stand repealed
  299  on October 2, 2024, unless reviewed and saved from repeal
  300  through reenactment by the Legislature.
  301         Section 2. The Legislature finds that it is a public
  302  necessity that the home addresses, telephone numbers, and dates
  303  of birth of current members of the Senate and the House of
  304  Representatives and Cabinet officers; the names, home addresses,
  305  telephone numbers, dates of birth, and places of employment of
  306  the spouses and children of such legislators and officers; and
  307  the names and locations of schools and day care facilities
  308  attended by the children of such legislators and officers be
  309  made exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  310  Article I of the State Constitution. Members of the Legislature
  311  and the Cabinet are often confronted with making difficult and
  312  impactful policy decisions. As a result, legislators and Cabinet
  313  officers, and their families, may receive threats including, but
  314  not limited to, verbal threats, harassment, and intimidation as
  315  a result of carrying out their official duties. Vulnerability to
  316  such threats may discourage residents of this state from seeking
  317  elected office in order to protect themselves and their
  318  families. The Legislature further finds that the harm that may
  319  result from the release of such personal identifying and
  320  location information outweighs any public benefit that may be
  321  derived from the disclosure of the information.
  322         Section 3. This act shall take effect July 1, 2020.