Senate Bill sb1112c1

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    Florida Senate - 2002                           CS for SB 1112

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2021-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for specified

  5         identifying information relating to the staff

  6         and certified volunteers of the child guardian

  7         ad litem programs and their spouses and

  8         children; providing for future review and

  9         repeal; providing a finding of public

10         necessity; providing an effective date.

11

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

13

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

15  119.07, Florida Statutes, as amended by section 1 of chapter

16  2001-364, Laws of Florida, is amended to read:

17         119.07  Inspection, examination, and duplication of

18  records; exemptions.--

19         (3)

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

21  security numbers, and photographs of active or former law

22  enforcement personnel, including correctional and correctional

23  probation officers, personnel of the Department of Children

24  and Family Services whose duties include the investigation of

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

26  activities, personnel of the Department of Health whose duties

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

28  and personnel of the Department of Revenue or local

29  governments whose responsibilities include revenue collection

30  and enforcement or child support enforcement; the home

31  addresses, telephone numbers, social security numbers,

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    Florida Senate - 2002                           CS for SB 1112
    302-2021-02




  1  photographs, and places of employment of the spouses and

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

  3  schools and day care facilities attended by the children of

  4  such personnel are exempt from the provisions of subsection

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

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

  7  addresses, telephone numbers, photographs, and places of

  8  employment of the spouses and children of such firefighters;

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

10  attended by the children of such firefighters are exempt from

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

12  justices of the Supreme Court, district court of appeal

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

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

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

16  and locations of schools and day care facilities attended by

17  the children of justices and judges are exempt from the

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

19  numbers, social security numbers, and photographs of current

20  or former state attorneys, assistant state attorneys,

21  statewide prosecutors, or assistant statewide prosecutors; the

22  home addresses, telephone numbers, social security numbers,

23  photographs, and places of employment of the spouses and

24  children of current or former state attorneys, assistant state

25  attorneys, statewide prosecutors, or assistant statewide

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

27  care facilities attended by the children of current or former

28  state attorneys, assistant state attorneys, statewide

29  prosecutors, or assistant statewide prosecutors are exempt

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

31  Constitution.

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    Florida Senate - 2002                           CS for SB 1112
    302-2021-02




  1         2.  The home addresses, telephone numbers, social

  2  security numbers, and photographs of current or former human

  3  resource, labor relations, or employee relations directors,

  4  assistant directors, managers, or assistant managers of any

  5  local government agency or water management district whose

  6  duties include hiring and firing employees, labor contract

  7  negotiation, administration, or other personnel-related

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

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

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

11  locations of schools and day care facilities attended by the

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

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

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

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

16  2, 2006, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

18         3.  The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former code

20  enforcement officers; the names, home addresses, telephone

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

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

23  the names and locations of schools and day care facilities

24  attended by the children of such persons are exempt from

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

26  This subparagraph is subject to the Open Government Sunset

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

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

29  from repeal through reenactment by the Legislature.

30         4. The home addresses, telephone numbers, social

31  security numbers, and photographs of current or former staff

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    Florida Senate - 2002                           CS for SB 1112
    302-2021-02




  1  and certified volunteers, who perform the functions of a

  2  guardian ad litem, of the child guardian ad litem programs as

  3  identified in s. 39.821; the names, home addresses, telephone

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

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

  6  the names and locations of schools and day care facilities

  7  attended by the children of such persons are exempt from

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

  9  This subparagraph is subject to the Open Government Sunset

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

11  stand repealed on October 2, 2007, unless reviewed and saved

12  from repeal through reenactment by the Legislature.

13         5.4.  An agency that is the custodian of the personal

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

15  subparagraph 3., or subparagraph 4. and that is not the

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

17  person specified in subparagraph 1., subparagraph 2., or

18  subparagraph 3., or subparagraph 4. shall maintain the

19  confidentiality of the personal information only if the

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

21  agency of the designated employee submits a written request

22  for confidentiality to the custodial agency.

23         Section 2.  The Legislature finds that the exemption

24  from public records requirements provided by this act for

25  identifying information relating to current and former staff

26  and certified volunteers, who perform the functions of a

27  guardian ad litem, of the child guardian ad litem programs as

28  identified in s. 39.821, and such persons' spouses and

29  children, is a public necessity because the availability of

30  personal information regarding such persons could threaten

31  their safety in that they would be vulnerable to threats,

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    Florida Senate - 2002                           CS for SB 1112
    302-2021-02




  1  harassment, intimidation, or the risk of personal injury. The

  2  duties of the staff and certified volunteers of the child

  3  guardian ad litem programs often require investigation,

  4  interviewing witnesses, viewing evidence, and reporting to the

  5  circuit court with respect to the best interest of a child

  6  where allegations of abuse or neglect, family disputes,

  7  termination of parental rights, and family criminal matters

  8  are involved. In the past, performance of these duties has

  9  resulted in threats to such staff and certified volunteers. In

10  order to ensure the health and safety of such persons, the

11  staff and certified volunteers of the child guardian ad litem

12  programs should be afforded the same protection provided to

13  those individuals identified in s. 119.07(3)(i)1., Florida

14  Statutes, whose duties include investigation of child abuse

15  and neglect or other criminal activities involving children.

16         Section 3.  This act shall take effect July 1, 2002.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1112

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21  Clarifies that the exemption applies to certified volunteers
    who perform the functions of a guardian ad litem, and not
22  volunteers who perform other functions.

23  Clarifies that the exemption extends to guardian ad litem
    programs identified in s. 39.821, F.S.
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