House Bill hb0431

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    Florida House of Representatives - 2002                 HB 431

        By Representative Sorensen






  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, is amended to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

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

20  security numbers, and photographs of active or former law

21  enforcement personnel, including correctional and correctional

22  probation officers, personnel of the Department of Children

23  and Family Services whose duties include the investigation of

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

25  activities, personnel of the Department of Health whose duties

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

27  and personnel of the Department of Revenue or local

28  governments whose responsibilities include revenue collection

29  and enforcement or child support enforcement; the home

30  addresses, telephone numbers, social security numbers,

31  photographs, and places of employment of the spouses and

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    Florida House of Representatives - 2002                 HB 431

    729-137-02






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

  2  schools and day care facilities attended by the children of

  3  such personnel are exempt from the provisions of subsection

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

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

  6  addresses, telephone numbers, photographs, and places of

  7  employment of the spouses and children of such firefighters;

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

  9  attended by the children of such firefighters are exempt from

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

11  justices of the Supreme Court, district court of appeal

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

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

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

15  and locations of schools and day care facilities attended by

16  the children of justices and judges are exempt from the

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

18  numbers, social security numbers, and photographs of current

19  or former state attorneys, assistant state attorneys,

20  statewide prosecutors, or assistant statewide prosecutors; the

21  home addresses, telephone numbers, social security numbers,

22  photographs, and places of employment of the spouses and

23  children of current or former state attorneys, assistant state

24  attorneys, statewide prosecutors, or assistant statewide

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

26  care facilities attended by the children of current or former

27  state attorneys, assistant state attorneys, statewide

28  prosecutors, or assistant statewide prosecutors are exempt

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

30  Constitution.

31

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    Florida House of Representatives - 2002                 HB 431

    729-137-02






  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 House of Representatives - 2002                 HB 431

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  1  and certified volunteers of the child guardian ad litem

  2  programs; the names, home addresses, telephone numbers, social

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

  4  spouses and children of such persons; and the names and

  5  locations of schools and day care facilities attended by the

  6  children of such persons are exempt from subsection (1) and s.

  7  24(a), Art. I of the State Constitution. This subparagraph is

  8  subject to the Open Government Sunset Review Act of 1995 in

  9  accordance with s. 119.15 and shall stand repealed on October

10  2, 2007, unless reviewed and saved from repeal through

11  reenactment by the Legislature.

12         5.4.  An agency that is the custodian of the personal

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

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

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

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

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

18  confidentiality of the personal information only if the

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

20  agency of the designated employee submits a written request

21  for confidentiality to the custodial agency.

22         Section 2.  The Legislature finds that the exemption

23  from public records requirements provided by this act for

24  identifying information relating to current and former staff

25  and certified volunteers of the child guardian ad litem

26  programs, and such persons' spouses and children, is a public

27  necessity because the availability of personal information

28  regarding such persons could threaten their safety in that

29  they would be vulnerable to threats, harassment, intimidation,

30  or the risk of personal injury. The duties of the staff and

31  certified volunteers of the child guardian ad litem programs

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    Florida House of Representatives - 2002                 HB 431

    729-137-02






  1  often require investigation, interviewing witnesses, viewing

  2  evidence, and reporting to the circuit court with respect to

  3  the best interest of a child where allegations of abuse or

  4  neglect, family disputes, termination of parental rights, and

  5  family criminal matters are involved. In the past, performance

  6  of these duties has resulted in threats to such staff and

  7  certified volunteers. In order to ensure the health and safety

  8  of such persons, the staff and certified volunteer of the

  9  child guardian ad litem programs should be afforded the same

10  protection provided to those individuals identified in s.

11  119.07(3)(i)1., Florida Statutes, whose duties include

12  investigation of child abuse and neglect, or other criminal

13