HB 0593 2004
1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; creating an exemption from public records
4	requirements; providing for the confidentiality of
5	personal identifying information contained in records for
6	United States attorneys, assistant United States
7	attorneys, judges of the United States Courts of Appeal,
8	United States district judges, United States magistrate
9	judges, and their spouses and children; providing for
10	future repeal and legislative review under the Open
11	Government Sunset Review Act of 1995; providing a
12	statement of public necessity; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Paragraph (i) of subsection (3) of section
18	119.07, Florida Statutes, is amended to read:
19	119.07 Inspection, examination, and duplication of
20	records; exemptions.--
21	(3)
22	(i)1. The home addresses, telephone numbers, social
23	security numbers, and photographs of active or former law
24	enforcement personnel, including correctional and correctional
25	probation officers, personnel of the Department of Children and
26	Family Services whose duties include the investigation of abuse,
27	neglect, exploitation, fraud, theft, or other criminal
28	activities, personnel of the Department of Health whose duties
29	are to support the investigation of child abuse or neglect, and
30	personnel of the Department of Revenue or local governments
31	whose responsibilities include revenue collection and
32	enforcement or child support enforcement; the home addresses,
33	telephone numbers, social security numbers, photographs, and
34	places of employment of the spouses and children of such
35	personnel; and the names and locations of schools and day care
36	facilities attended by the children of such personnel are exempt
37	from the provisions of subsection (1). The home addresses,
38	telephone numbers, and photographs of firefighters certified in
39	compliance with s. 633.35; the home addresses, telephone
40	numbers, photographs, and places of employment of the spouses
41	and children of such firefighters; and the names and locations
42	of schools and day care facilities attended by the children of
43	such firefighters are exempt from subsection (1). The home
44	addresses and telephone numbers of justices of the Supreme
45	Court, district court of appeal judges, circuit court judges,
46	and county court judges; the home addresses, telephone numbers,
47	and places of employment of the spouses and children of justices
48	and judges; and the names and locations of schools and day care
49	facilities attended by the children of justices and judges are
50	exempt from the provisions of subsection(1). The home addresses,
51	telephone numbers, social security numbers, and photographs of
52	current or former state attorneys, assistant state attorneys,
53	statewide prosecutors, or assistant statewide prosecutors; the
54	home addresses, telephone numbers, social security numbers,
55	photographs, and places of employment of the spouses and
56	children of current or former state attorneys, assistant state
57	attorneys, statewide prosecutors, or assistant statewide
58	prosecutors; and the names and locations of schools and day care
59	facilities attended by the children of current or former state
60	attorneys, assistant state attorneys, statewide prosecutors, or
61	assistant statewide prosecutors are exempt from subsection (1)
62	and s. 24(a), Art. I of the State Constitution.
63	2. The home addresses, telephone numbers, social security
64	numbers, and photographs of current or former human resource,
65	labor relations, or employee relations directors, assistant
66	directors, managers, or assistant managers of any local
67	government agency or water management district whose duties
68	include hiring and firing employees, labor contract negotiation,
69	administration, or other personnel-related duties; the names,
70	home addresses, telephone numbers, social security numbers,
71	photographs, and places of employment of the spouses and
72	children of such personnel; and the names and locations of
73	schools and day care facilities attended by the children of such
74	personnel are exempt from subsection (1) and s. 24(a), Art. I of
75	the State Constitution. This subparagraph is subject to the Open
76	Government Sunset Review Act of 1995 in accordance with s.
77	119.15, and shall stand repealed on October 2, 2006, unless
78	reviewed and saved from repeal through reenactment by the
79	Legislature.
80	3. The home addresses, telephone numbers, social security
81	numbers, and photographs of current or former United States
82	attorneys and assistant United States attorneys; the home
83	addresses, telephone numbers, social security numbers,
84	photographs, and places of employment of the spouses and
85	children of current or former United States attorneys and
86	assistant United States attorneys; and the names and locations
87	of schools and day care facilities attended by the children of
88	current or former United States attorneys and assistant United
89	States attorneys are exempt from subsection (1) and s. 24(a),
90	Art. I of the State Constitution. This subparagraph is subject
91	to the Open Government Sunset Review Act of 1995 in accordance
92	with s. 119.15 and shall stand repealed on October 2, 2009,
93	unless reviewed and saved from repeal through reenactment by the
94	Legislature.
95	4. The home addresses, telephone numbers, social security
96	numbers, and photographs of current or former judges of the
97	United States Courts of Appeal, United States district judges,
98	and United States magistrate judges; the home addresses,
99	telephone numbers, social security numbers, photographs, and
100	places of employment of the spouses and children of current or
101	former judges of United States Courts of Appeal, United States
102	district judges, and United States magistrate judges; and the
103	names and locations of schools and day care facilities attended
104	by the children of current or former judges of United States
105	Courts of Appeal, United States district judges, and United
106	States magistrate judges are exempt from subsection (1) and s.
107	24(a), Art. I of the State Constitution. This subparagraph is
108	subject to the Open Government Sunset Review Act of 1995 in
109	accordance with s. 119.15, and shall stand repealed on October
110	2, 2009, unless reviewed and saved from repeal through
111	reenactment by the Legislature.
112	5.3.The home addresses, telephone numbers, social
113	security numbers, and photographs of current or former code
114	enforcement officers; the names, home addresses, telephone
115	numbers, social security numbers, photographs, and places of
116	employment of the spouses and children of such persons; and the
117	names and locations of schools and day care facilities attended
118	by the children of such persons are exempt from subsection (1)
119	and s. 24(a), Art. I of the State Constitution. This
120	subparagraph is subject to the Open Government Sunset Review Act
121	of 1995 in accordance with s. 119.15, and shall stand repealed
122	on October 2, 2006, unless reviewed and saved from repeal
123	through reenactment by the Legislature.
124	6.4.An agency that is the custodian of the personal
125	information specified in subparagraph 1., subparagraph 2.,or
126	subparagraph 3., subparagraph 4., or subparagraph 5.,and that
127	is not the employer of the officer, employee, justice, judge, or
128	other person specified in subparagraph 1., subparagraph 2.,or
129	subparagraph 3., subparagraph 4., or subparagraph 5.,shall
130	maintain the confidentiality of the personal information only if
131	the officer, employee, justice, judge, other person, or
132	employing agency of the designated employee submits a written
133	request for confidentiality to the custodial agency.
134	Section 2. The Legislature finds that the exemption from
135	public records requirements provided for by this act for
136	identifying and locating information relating to current and
137	former United States attorneys, assistant United States
138	attorneys, judges of the United States Courts of Appeal, United
139	States district judges, United States magistrate judges, and
140	their families is a public necessity. This act is justified
141	because, if such information were not confidential, a United
142	States attorney, an assistant United States attorney, a judge of
143	the United States Court of Appeal, a United States district
144	judge, a United States magistrate judge, or his or her family
145	could be harmed or threatened with harm by a criminal defendant
146	or by a friend or family member of a criminal defendant.
147	Section 3. This act shall take effect October 1, 2004.