Senate Bill sb1666
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Florida Senate - 2003 SB 1666
By Senator Posey
24-660-03 See HB 123
1 A bill to be entitled
2 An act relating to exemption from public
3 records requirements; amending s. 119.07, F.S.;
4 providing an exemption from public records
5 requirements for electronic mail addresses,
6 cellular telephone numbers, electronic pager
7 numbers, specified identification numbers and
8 access codes, and the billing records of such
9 addresses, numbers, identification numbers, and
10 access codes of active or former law
11 enforcement personnel, including correctional
12 and correctional probation officers, and
13 specified personnel of the Department of
14 Children and Family Services, the Department of
15 Health, the Department of Revenue, and local
16 governments; providing for future review and
17 repeal of the exemption; providing a statement
18 of public necessity; providing an effective
19 date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Paragraph (i) of subsection (3) of section
24 119.07, Florida Statutes, is amended to read:
25 119.07 Inspection, examination, and duplication of
26 records; exemptions.--
27 (3)
28 (i)1. The home addresses, electronic mail addresses
29 and the billing records of such electronic mail addresses,
30 telephone numbers, cellular telephone numbers, including the
31 number of a cellular telephone issued by an employing agency
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Florida Senate - 2003 SB 1666
24-660-03 See HB 123
1 and used in the course of employment in this state, and the
2 billing records of such cellular telephone numbers, electronic
3 pager numbers and the billing records of such electronic pager
4 numbers, user-specific electronic identification numbers or
5 access codes for any electronic communications device issued
6 by an employing agency and used in the course of employment in
7 this state and the billing records of such identification
8 numbers or access codes, social security numbers, and
9 photographs of active or former law enforcement personnel,
10 including correctional and correctional probation officers,
11 personnel of the Department of Children and Family Services
12 whose duties include the investigation of abuse, neglect,
13 exploitation, fraud, theft, or other criminal activities,
14 personnel of the Department of Health whose duties are to
15 support the investigation of child abuse or neglect, and
16 personnel of the Department of Revenue or local governments
17 whose responsibilities include revenue collection and
18 enforcement or child support enforcement; the home addresses,
19 telephone numbers, social security numbers, photographs, and
20 places of employment of the spouses and children of such
21 personnel; and the names and locations of schools and day care
22 facilities attended by the children of such personnel are
23 exempt from the provisions of subsection (1). The home
24 addresses, telephone numbers, and photographs of firefighters
25 certified in compliance with s. 633.35; the home addresses,
26 telephone numbers, photographs, and places of employment of
27 the spouses and children of such firefighters; and the names
28 and locations of schools and day care facilities attended by
29 the children of such firefighters are exempt from subsection
30 (1). The home addresses and telephone numbers of justices of
31 the Supreme Court, district court of appeal judges, circuit
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Florida Senate - 2003 SB 1666
24-660-03 See HB 123
1 court judges, and county court judges; the home addresses,
2 telephone numbers, and places of employment of the spouses and
3 children of justices and judges; and the names and locations
4 of schools and day care facilities attended by the children of
5 justices and judges are exempt from the provisions of
6 subsection (1). The home addresses, telephone numbers, social
7 security numbers, and photographs of current or former state
8 attorneys, assistant state attorneys, statewide prosecutors,
9 or assistant statewide prosecutors; the home addresses,
10 telephone numbers, social security numbers, photographs, and
11 places of employment of the spouses and children of current or
12 former state attorneys, assistant state attorneys, statewide
13 prosecutors, or assistant statewide prosecutors; and the names
14 and locations of schools and day care facilities attended by
15 the children of current or former state attorneys, assistant
16 state attorneys, statewide prosecutors, or assistant statewide
17 prosecutors are exempt from subsection (1) and s. 24(a), Art.
18 I of the State Constitution. This subparagraph is subject to
19 the Open Government Sunset Review Act of 1995 in accordance
20 with s. 119.15, and shall stand repealed on October 2, 2008,
21 unless reviewed and saved from repeal through reenactment by
22 the Legislature.
23 2. The home addresses, telephone numbers, social
24 security numbers, and photographs of current or former human
25 resource, labor relations, or employee relations directors,
26 assistant directors, managers, or assistant managers of any
27 local government agency or water management district whose
28 duties include hiring and firing employees, labor contract
29 negotiation, administration, or other personnel-related
30 duties; the names, home addresses, telephone numbers, social
31 security numbers, photographs, and places of employment of the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1666
24-660-03 See HB 123
1 spouses and children of such personnel; and the names and
2 locations of schools and day care facilities attended by the
3 children of such personnel are exempt from subsection (1) and
4 s. 24(a), Art. I of the State Constitution. This subparagraph
5 is subject to the Open Government Sunset Review Act of 1995 in
6 accordance with s. 119.15, and shall stand repealed on October
7 2, 2006, unless reviewed and saved from repeal through
8 reenactment by the Legislature.
9 3. The home addresses, telephone numbers, social
10 security numbers, and photographs of current or former code
11 enforcement officers; the names, home addresses, telephone
12 numbers, social security numbers, photographs, and places of
13 employment of the spouses and children of such persons; and
14 the names and locations of schools and day care facilities
15 attended by the children of such persons are exempt from
16 subsection (1) and s. 24(a), Art. I of the State Constitution.
17 This subparagraph is subject to the Open Government Sunset
18 Review Act of 1995 in accordance with s. 119.15, and shall
19 stand repealed on October 2, 2006, unless reviewed and saved
20 from repeal through reenactment by the Legislature.
21 4. An agency that is the custodian of the personal
22 information specified in subparagraph 1., subparagraph 2., or
23 subparagraph 3. and that is not the employer of the officer,
24 employee, justice, judge, or other person specified in
25 subparagraph 1., subparagraph 2., or subparagraph 3. shall
26 maintain the confidentiality of the personal information only
27 if the officer, employee, justice, judge, other person, or
28 employing agency of the designated employee submits a written
29 request for confidentiality to the custodial agency.
30 Section 2. The Legislature finds that the exemption
31 from public records requirements provided by this act is a
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Florida Senate - 2003 SB 1666
24-660-03 See HB 123
1 public necessity because law enforcement officers and former
2 law enforcement officers can be identified as such by
3 connecting them with electronic mail addresses, cellular
4 telephone numbers, electronic pager numbers, user-specific
5 identification numbers or access codes for electronic
6 communications devices that are or have been used in the
7 course of their employment, and the billing records of such
8 addresses, numbers, identification numbers, or access
9 codes. The identification of law enforcement officers through
10 such addresses, numbers, identification numbers, and access
11 codes and the billing records of such addresses, numbers and
12 codes can compromise investigations, undermine law enforcement
13 officers' ability to apprehend suspects, and compromise the
14 physical safety of law enforcement officers. With respect to
15 former law enforcement officers, such addresses, numbers, and
16 access codes and the billing records of such addresses,
17 numbers and access codes, if made public, could also
18 jeopardize ongoing investigations, law enforcement informers
19 and contacts, and the safety of former law enforcement
20 officers because such addresses, numbers, and access codes
21 could be used to connect a former law enforcement officer to
22 an investigation. Consequently, the Legislature finds that
23 electronic mail addresses, cellular telephone numbers,
24 electronic pager numbers, user-specific identification numbers
25 or access codes for electronic communications devices that are
26 or have been used in the course of employment of law
27 enforcement officers and former law enforcement officers, and
28 the billing records of such addresses, numbers, identification
29 numbers, and access codes must be exempt from public records
30 requirements.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1666
24-660-03 See HB 123
1 Section 3. This act shall take effect upon becoming a
2 law.
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