Senate Bill sb1766e1

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    SB 1766                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; exempting from disclosure under

  4         s. 119.07(1), F.S., and s. 24(a), Art. I of the

  5         State Constitution, certain information

  6         pertaining to county and municipal code

  7         enforcement officers and their families;

  8         providing for future repeal and prior

  9         legislative review of these exemptions;

10         providing a statement of public necessity for

11         the exemptions; amending s. 119.07, F.S.;

12         expanding the exemption for code enforcement

13         officers to include additional information and

14         to include such officers' spouses and children;

15         providing for future review and repeal;

16         providing findings of public necessity;

17         providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Paragraph (i) of subsection (3) of section

22  119.07, Florida Statutes, is amended to read:

23         119.07  Inspection, examination, and duplication of

24  records; exemptions.--

25         (3)

26         (i)1.  The home addresses, telephone numbers, social

27  security numbers, and photographs of active or former law

28  enforcement personnel, including correctional and correctional

29  probation officers, personnel of the Department of Children

30  and Family Services whose duties include the investigation of

31  abuse, neglect, exploitation, fraud, theft, or other criminal


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    SB 1766                                        First Engrossed



  1  activities, personnel of the Department of Health whose duties

  2  are to support the investigation of child abuse or neglect,

  3  and personnel of the Department of Revenue or local

  4  governments whose responsibilities include revenue collection

  5  and enforcement or child support enforcement, and code

  6  enforcement officers; the home addresses, telephone numbers,

  7  social security numbers, photographs, and places of employment

  8  of the spouses and children of such personnel; and the names

  9  and locations of schools and day care facilities attended by

10  the children of such personnel are exempt from the provisions

11  of subsection (1). The home addresses, telephone numbers, and

12  photographs of firefighters certified in compliance with s.

13  633.35; the home addresses, telephone numbers, photographs,

14  and places of employment of the spouses and children of such

15  firefighters; and the names and locations of schools and day

16  care facilities attended by the children of such firefighters

17  are exempt from subsection (1). The home addresses and

18  telephone numbers of justices of the Supreme Court, district

19  court of appeal judges, circuit court judges, and county court

20  judges; the home addresses, telephone numbers, and places of

21  employment of the spouses and children of justices and judges;

22  and the names and locations of schools and day care facilities

23  attended by the children of justices and judges are exempt

24  from the provisions of subsection (1). The home addresses,

25  telephone numbers, social security numbers, and photographs of

26  current or former state attorneys, assistant state attorneys,

27  statewide prosecutors, or assistant statewide prosecutors; the

28  home addresses, telephone numbers, social security numbers,

29  photographs, and places of employment of the spouses and

30  children of current or former state attorneys, assistant state

31  attorneys, statewide prosecutors, or assistant statewide


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    SB 1766                                        First Engrossed



  1  prosecutors; and the names and locations of schools and day

  2  care facilities attended by the children of current or former

  3  state attorneys, assistant state attorneys, statewide

  4  prosecutors, or assistant statewide prosecutors are exempt

  5  from subsection (1) and s. 24(a), Art. I of the State

  6  Constitution. The home addresses and home telephone numbers of

  7  county and municipal code inspectors and code enforcement

  8  officers are confidential and exempt from the provisions of

  9  subsection (1) and s. 24(a), Art. I of the State Constitution.

10         2.  An agency that is the custodian of the personal

11  information specified in subparagraph 1. and that is not the

12  employer of the officer, employee, justice, judge, or other

13  person specified in subparagraph 1. shall maintain the

14  confidentiality of the personal information only if the

15  officer, employee, justice, judge, other person, or employing

16  agency of the designated employee submits a written request

17  for confidentiality to the custodial agency.

18         Section 2.  The exemptions from section 119.07(1) and

19  s. 24(a) of Art. I of the State Constitution which are

20  provided under section 1 of this act are repealed effective

21  October 2, 2006, and must be reviewed by the Legislature

22  before that date in accordance with section 119.15, Florida

23  Statutes, the Open Government Sunset Review Act of 1995.

24         Section 3.  The Legislature finds that the exemptions

25  provided for in section 1 of this act are a public necessity.

26  The current exemption of names and addresses has not

27  completely shielded the identities of the county and municipal

28  code enforcement officers. The responsibilities of these

29  employees regularly take them into areas of neglect, abuse,

30  and personal danger. Citations issued in response to

31  violations that they encounter often lead to retribution by


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    SB 1766                                        First Engrossed



  1  the offenders. Their personnel files are reviewed on numerous

  2  occasions by code violators seeking information relating to

  3  the code enforcement officers and their families. The

  4  disclosure of this personal information has led to threats,

  5  acts of violence, and unwarranted risk to the officers and

  6  their families.

  7         Section 4.  Paragraph (i) of subsection (3) of section

  8  119.07, Florida Statutes, is amended to read:

  9         119.07  Inspection, examination, and duplication of

10  records; exemptions.--

11         (3)

12         (i)1.  The home addresses, telephone numbers, social

13  security numbers, and photographs of active or former law

14  enforcement personnel, including correctional and correctional

15  probation officers, personnel of the Department of Children

16  and Family Services whose duties include the investigation of

17  abuse, neglect, exploitation, fraud, theft, or other criminal

18  activities, personnel of the Department of Health whose duties

19  are to support the investigation of child abuse or neglect,

20  and personnel of the Department of Revenue or local

21  governments whose responsibilities include revenue collection

22  and enforcement or child support enforcement; the home

23  addresses, telephone numbers, social security numbers,

24  photographs, and places of employment of the spouses and

25  children of such personnel; and the names and locations of

26  schools and day care facilities attended by the children of

27  such personnel are exempt from the provisions of subsection

28  (1). The home addresses, telephone numbers, and photographs of

29  firefighters certified in compliance with s. 633.35; the home

30  addresses, telephone numbers, photographs, and places of

31  employment of the spouses and children of such firefighters;


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    SB 1766                                        First Engrossed



  1  and the names and locations of schools and day care facilities

  2  attended by the children of such firefighters are exempt from

  3  subsection (1). The home addresses and telephone numbers of

  4  justices of the Supreme Court, district court of appeal

  5  judges, circuit court judges, and county court judges; the

  6  home addresses, telephone numbers, and places of employment of

  7  the spouses and children of justices and judges; and the names

  8  and locations of schools and day care facilities attended by

  9  the children of justices and judges are exempt from the

10  provisions of subsection (1). The home addresses, telephone

11  numbers, social security numbers, and photographs of current

12  or former state attorneys, assistant state attorneys,

13  statewide prosecutors, or assistant statewide prosecutors; the

14  home addresses, telephone numbers, social security numbers,

15  photographs, and places of employment of the spouses and

16  children of current or former state attorneys, assistant state

17  attorneys, statewide prosecutors, or assistant statewide

18  prosecutors; and the names and locations of schools and day

19  care facilities attended by the children of current or former

20  state attorneys, assistant state attorneys, statewide

21  prosecutors, or assistant statewide prosecutors are exempt

22  from subsection (1) and s. 24(a), Art. I of the State

23  Constitution. The home addresses and home telephone numbers of

24  county and municipal code inspectors and code enforcement

25  officers are confidential and exempt from the provisions of

26  subsection (1) and s. 24(a), Art. I of the State Constitution.

27         2.  The home addresses, telephone numbers, social

28  security numbers, and photographs of current or former human

29  resource, labor relations, or employee relations directors,

30  assistant directors, managers, or assistant managers of any

31  local government agency or water management district whose


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    SB 1766                                        First Engrossed



  1  duties include hiring and firing employees, labor contract

  2  negotiation, administration, or other personnel-related

  3  duties; the names, home addresses, telephone numbers, social

  4  security numbers, photographs, and places of employment of the

  5  spouses and children of such personnel; and the names and

  6  locations of schools and day care facilities attended by the

  7  children of such personnel are exempt from subsection (1) and

  8  s. 24(a), Art. I of the State Constitution. This subparagraph

  9  is subject to the Open Government Sunset Review Act of 1995 in

10  accordance with s. 119.15, and shall stand repealed on October

11  2, 2006, unless reviewed and saved from repeal through

12  reenactment by the Legislature.

13         3.  The home addresses, telephone numbers, social

14  security numbers, and photographs of current or former code

15  enforcement officers; the names, home addresses, telephone

16  numbers, social security numbers, photographs, and places of

17  employment of the spouses and children of such persons; and

18  the names and locations of schools and day care facilities

19  attended by the children of such persons are exempt from

20  subsection (1) and s. 24(a), Art. I of the State Constitution.

21  This subparagraph is subject to the Open Government Sunset

22  Review Act of 1995 in accordance with s. 119.15, and shall

23  stand repealed on October 2, 2006, unless reviewed and saved

24  from repeal through reenactment by the Legislature.

25         4.2.  An agency that is the custodian of the personal

26  information specified in subparagraph 1., subparagraph 2., or

27  subparagraph 3. and that is not the employer of the officer,

28  employee, justice, judge, or other person specified in

29  subparagraph 1., subparagraph 2., or subparagraph 3. shall

30  maintain the confidentiality of the personal information only

31  if the officer, employee, justice, judge, other person, or


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    SB 1766                                        First Engrossed



  1  employing agency of the designated employee submits a written

  2  request for confidentiality to the custodial agency.

  3         Section 5.  The Legislature finds that the exemption

  4  from public records requirements provided by this act for

  5  identifying information relating to current and former human

  6  resource, labor relations, or employee relations directors,

  7  assistant directors, managers, or assistant managers of local

  8  government agencies or water management districts and their

  9  families is justified because, if such information were not

10  confidential, a human resource, labor relations, or employee

11  relations director, assistant director, manager, or assistant

12  manager or such person's family could be harmed or threatened

13  with harm by a current or former employee or a friend or

14  family member of a current or former employee.

15         Section 6.  The Legislature finds that the exemption

16  from public records requirements provided for by this act for

17  identifying information relating to current and former code

18  enforcement officers and their families is a public necessity.

19  The current exemption of names and addresses has not

20  completely shielded the identities of county and municipal

21  code enforcement officers. The responsibilities of these

22  employees regularly take them into areas of neglect, abuse,

23  and personal danger. Citations issued in response to

24  violations that they encounter often lead to retribution by

25  the offenders. Their personnel files are reviewed on numerous

26  occasions by code violators seeking information relating to

27  the code enforcement officers and their families. The

28  disclosure of this personal information has led to threats,

29  acts of violence, and unwarranted risk to the officers and

30  their families.

31         Section 7.  This act shall take effect July 1, 2001.


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