| 2 | A bill to be entitled |
| 3 | An act relating to public records; amending s. 119.07, |
| 4 | F.S.; creating an exemption from public records |
| 5 | requirements for the home addresses, telephone numbers, |
| 6 | social security numbers, and photographs of current or |
| 7 | former personnel of a crime laboratory or medical |
| 8 | examiner's office, the names, home addresses, telephone |
| 9 | numbers, social security numbers, photographs, and places |
| 10 | of employment of the spouses and children of such |
| 11 | personnel, and the names and locations of schools and day |
| 12 | care facilities attended by the children of such |
| 13 | personnel; providing for future review and repeal; |
| 14 | providing a statement of public necessity; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Paragraph (i) of subsection (3) of section |
| 20 | 119.07, Florida Statutes, is amended to read: |
| 21 | 119.07 Inspection, examination, and duplication of |
| 22 | records; exemptions.-- |
| 23 | (3) |
| 24 | (i)1. The home addresses, telephone numbers, social |
| 25 | security numbers, and photographs of active or former law |
| 26 | enforcement personnel, including correctional and correctional |
| 27 | probation officers, personnel of the Department of Children and |
| 28 | Family Services whose duties include the investigation of abuse, |
| 29 | neglect, exploitation, fraud, theft, or other criminal |
| 30 | activities, personnel of the Department of Health whose duties |
| 31 | are to support the investigation of child abuse or neglect, and |
| 32 | personnel of the Department of Revenue or local governments |
| 33 | whose responsibilities include revenue collection and |
| 34 | enforcement or child support enforcement; the home addresses, |
| 35 | telephone numbers, social security numbers, photographs, and |
| 36 | places of employment of the spouses and children of such |
| 37 | personnel; and the names and locations of schools and day care |
| 38 | facilities attended by the children of such personnel are exempt |
| 39 | from the provisions of subsection (1). The home addresses, |
| 40 | telephone numbers, and photographs of firefighters certified in |
| 41 | compliance with s. 633.35; the home addresses, telephone |
| 42 | numbers, photographs, and places of employment of the spouses |
| 43 | and children of such firefighters; and the names and locations |
| 44 | of schools and day care facilities attended by the children of |
| 45 | such firefighters are exempt from subsection (1). The home |
| 46 | addresses and telephone numbers of justices of the Supreme |
| 47 | Court, district court of appeal judges, circuit court judges, |
| 48 | and county court judges; the home addresses, telephone numbers, |
| 49 | and places of employment of the spouses and children of justices |
| 50 | and judges; and the names and locations of schools and day care |
| 51 | facilities attended by the children of justices and judges are |
| 52 | exempt from the provisions of subsection(1). The home addresses, |
| 53 | telephone numbers, social security numbers, and photographs of |
| 54 | current or former state attorneys, assistant state attorneys, |
| 55 | statewide prosecutors, or assistant statewide prosecutors; the |
| 56 | home addresses, telephone numbers, social security numbers, |
| 57 | photographs, and places of employment of the spouses and |
| 58 | children of current or former state attorneys, assistant state |
| 59 | attorneys, statewide prosecutors, or assistant statewide |
| 60 | prosecutors; and the names and locations of schools and day care |
| 61 | facilities attended by the children of current or former state |
| 62 | attorneys, assistant state attorneys, statewide prosecutors, or |
| 63 | assistant statewide prosecutors are exempt from subsection (1) |
| 64 | and s. 24(a), Art. I of the State Constitution. |
| 65 | 2. The home addresses, telephone numbers, social security |
| 66 | numbers, and photographs of current or former human resource, |
| 67 | labor relations, or employee relations directors, assistant |
| 68 | directors, managers, or assistant managers of any local |
| 69 | government agency or water management district whose duties |
| 70 | include hiring and firing employees, labor contract negotiation, |
| 71 | administration, or other personnel-related duties; the names, |
| 72 | home addresses, telephone numbers, social security numbers, |
| 73 | photographs, and places of employment of the spouses and |
| 74 | children of such personnel; and the names and locations of |
| 75 | schools and day care facilities attended by the children of such |
| 76 | personnel are exempt from subsection (1) and s. 24(a), Art. I of |
| 77 | the State Constitution. This subparagraph is subject to the Open |
| 78 | Government Sunset Review Act of 1995 in accordance with s. |
| 79 | 119.15, and shall stand repealed on October 2, 2006, unless |
| 80 | reviewed and saved from repeal through reenactment by the |
| 81 | Legislature. |
| 82 | 3. The home addresses, telephone numbers, social security |
| 83 | numbers, and photographs of current or former code enforcement |
| 84 | officers; the names, home addresses, telephone numbers, social |
| 85 | security numbers, photographs, and places of employment of the |
| 86 | spouses and children of such persons; and the names and |
| 87 | locations of schools and day care facilities attended by the |
| 88 | children of such persons are exempt from subsection (1) and s. |
| 89 | 24(a), Art. I of the State Constitution. This subparagraph is |
| 90 | subject to the Open Government Sunset Review Act of 1995 in |
| 91 | accordance with s. 119.15, and shall stand repealed on October |
| 92 | 2, 2006, unless reviewed and saved from repeal through |
| 93 | reenactment by the Legislature. |
| 94 | 4.a. The home addresses, telephone numbers, social |
| 95 | security numbers, and photographs of current or former personnel |
| 96 | of a crime laboratory or medical examiner's office; the names, |
| 97 | home addresses, telephone numbers, social security numbers, |
| 98 | photographs, and places of employment of spouses and children of |
| 99 | current or former personnel of a crime laboratory or medical |
| 100 | examiner's office; and the names and locations of schools and |
| 101 | day care facilities attended by children of current or former |
| 102 | personnel of a crime laboratory or medical examiner's office are |
| 103 | exempt from subsection (1) and s. 24(a), Art. I of the State |
| 104 | Constitution. For purposes of this sub-subparagraph, personnel |
| 105 | of a crime laboratory or medical examiner's office are defined |
| 106 | as personnel whose primary duties or responsibilities include |
| 107 | performing laboratory and analytical work in criminal |
| 108 | identification and investigation; photographing crime scenes; |
| 109 | classifying, evaluating, and identifying fingerprints; or |
| 110 | supervising one or more persons who have those duties or |
| 111 | responsibilities. |
| 112 | b. Sub-subparagraph a. is subject to the Open Government |
| 113 | Sunset Review Act of 1995 in accordance with s. 119.15, and |
| 114 | shall stand repealed on October 2, 2009, unless reviewed and |
| 115 | saved from repeal through reenactment by the Legislature. |
| 116 | 5.4. An agency that is the custodian of the personal |
| 117 | information specified in subparagraph 1., subparagraph 2., or |
| 118 | subparagraph 3., or subparagraph 4. and that is not the employer |
| 119 | of the officer, employee, justice, judge, or other person |
| 120 | specified in subparagraph 1., subparagraph 2., or subparagraph |
| 121 | 3., or subparagraph 4. shall maintain the confidentiality of the |
| 122 | personal information only if the officer, employee, justice, |
| 123 | judge, other person, or employing agency of the designated |
| 124 | employee submits a written request for confidentiality to the |
| 125 | custodial agency. |
| 126 | Section 2. The Legislature finds that the exemption from |
| 127 | public records requirements provided by this act for the home |
| 128 | addresses, telephone numbers, social security numbers, and |
| 129 | photographs of current or former personnel of a crime laboratory |
| 130 | or medical examiner's office, the names, home addresses, |
| 131 | telephone numbers, social security numbers, photographs, and |
| 132 | places of employment of the spouses and children of such |
| 133 | personnel, and the names and locations of schools and day care |
| 134 | facilities attended by the children of such personnel is a |
| 135 | public necessity. This act is justified because, if such |
| 136 | information were not confidential, personnel of a crime |
| 137 | laboratory or medical examiner's office or their family members |
| 138 | could be harmed or threatened with harm by a criminal defendant |
| 139 | or by a friend or family member of a criminal defendant. |
| 140 | Section 3. This act shall take effect October 1, 2004. |