Senate Bill sb0768

    Florida Senate - 2001                                   SB 768

    By Senator Sanderson





    31-641-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing exemptions from public

  4         records requirements for specified identifying

  5         information relating to local government or

  6         water management district human resource, labor

  7         relations, or employee relations directors,

  8         assistant directors, managers, or assistant

  9         managers and their spouses and children;

10         providing for future review and repeal;

11         providing a finding of public necessity;

12         providing an effective date.

13

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

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

17  119.07, Florida Statutes, is amended to read:

18         119.07  Inspection, examination, and duplication of

19  records; exemptions.--

20         (3)

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

22  security numbers, and photographs of active or former law

23  enforcement personnel, including correctional and correctional

24  probation officers, personnel of the Department of Children

25  and Family Services whose duties include the investigation of

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

27  activities, personnel of the Department of Health whose duties

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

29  and personnel of the Department of Revenue or local

30  governments whose responsibilities include revenue collection

31  and enforcement or child support enforcement; the home

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    Florida Senate - 2001                                   SB 768
    31-641-01




  1  addresses, telephone numbers, social security numbers,

  2  photographs, and places of employment of the spouses and

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

  4  schools and day care facilities attended by the children of

  5  such personnel are exempt from the provisions of subsection

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

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

  8  addresses, telephone numbers, photographs, and places of

  9  employment of the spouses and children of such firefighters;

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

11  attended by the children of such firefighters are exempt from

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

13  justices of the Supreme Court, district court of appeal

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

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

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

17  and locations of schools and day care facilities attended by

18  the children of justices and judges are exempt from the

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

20  numbers, social security numbers, and photographs of current

21  or former state attorneys, assistant state attorneys,

22  statewide prosecutors, or assistant statewide prosecutors; the

23  home addresses, telephone numbers, social security numbers,

24  photographs, and places of employment of the spouses and

25  children of current or former state attorneys, assistant state

26  attorneys, statewide prosecutors, or assistant statewide

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

28  care facilities attended by the children of current or former

29  state attorneys, assistant state attorneys, statewide

30  prosecutors, or assistant statewide prosecutors are exempt

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

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    Florida Senate - 2001                                   SB 768
    31-641-01




  1  Constitution. The home addresses and home telephone numbers of

  2  county and municipal code inspectors and code enforcement

  3  officers are confidential and exempt from the provisions of

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

  5         2.  The home addresses, telephone numbers, social

  6  security numbers, and photographs of current or former human

  7  resource, labor relations, or employee relations directors,

  8  assistant directors, managers, or assistant managers of any

  9  local government agency or water management district whose

10  duties include hiring and firing employees, labor contract

11  negotiation, administration, or other personnel-related

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

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

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

15  locations of schools and day care facilities attended by the

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

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

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

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

20  2, 2006, unless reviewed and saved from repeal through

21  reenactment by the Legislature.

22         3.2.  An agency that is the custodian of the personal

23  information specified in subparagraph 1. or subparagraph 2.

24  and that is not the employer of the officer, employee,

25  justice, judge, or other person specified in subparagraph 1.

26  or subparagraph 2. shall maintain the confidentiality of the

27  personal information only if the officer, employee, justice,

28  judge, other person, or employing agency of the designated

29  employee submits a written request for confidentiality to the

30  custodial agency.

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    Florida Senate - 2001                                   SB 768
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  1         Section 2.  The Legislature finds that the exemption

  2  from public records requirements provided by this act for

  3  identifying information relating to current and former human

  4  resource, labor relations, or employee relations directors,

  5  assistant directors, managers, or assistant managers of local

  6  government agencies or water management districts and their

  7  families is justified because, if such information were not

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

  9  relations director, assistant director, manager, or assistant

10  manager or the such person's family could be harmed or

11  threatened with harm by a current or former employee or a

12  friend or family member of a current or former employee.

13         Section 3.  This act shall take effect October 1, 2001.

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16                          SENATE SUMMARY

17    Provides exemptions from public records requirements for
      specified identifying information relating to local
18    government or water management district human resources,
      labor relations, or employee relations directors,
19    assistant directors, managers, or assistant managers and
      their spouses and children. Provides for future review
20    and repeal. Provides a finding of public necessity.

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