HB 0217

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 for the home addresses, telephone numbers,
5	social security numbers, and photographs of current or
6	former personnel of a crime laboratory or medical
7	examiner's office, the names, home addresses, telephone
8	numbers, social security numbers, photographs, and places
9	of employment of the spouses and children of such
10	personnel, and the names and locations of schools and day
11	care facilities attended by the children of such
12	personnel; providing for future review and repeal;
13	providing a statement of public necessity; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (i) of subsection (6) of section
19	119.07, Florida Statutes, is amended to read:
20	119.07  Inspection and copying of records; photographing
21	public records; fees; exemptions.--
22	(6)
23	(i)1.  The home addresses, telephone numbers, social
24	security numbers, and photographs of active or former law
25	enforcement personnel, including correctional and correctional
26	probation officers, personnel of the Department of Children and
27	Family Services whose duties include the investigation of abuse,
28	neglect, exploitation, fraud, theft, or other criminal
29	activities, personnel of the Department of Health whose duties
30	are to support the investigation of child abuse or neglect, and
31	personnel of the Department of Revenue or local governments
32	whose responsibilities include revenue collection and
33	enforcement or child support enforcement; the home addresses,
34	telephone numbers, social security numbers, photographs, and
35	places of employment of the spouses and children of such
36	personnel; and the names and locations of schools and day care
37	facilities attended by the children of such personnel are exempt
38	from the provisions of subsection (1). The home addresses,
39	telephone numbers, and photographs of firefighters certified in
40	compliance with s. 633.35; the home addresses, telephone
41	numbers, photographs, and places of employment of the spouses
42	and children of such firefighters; and the names and locations
43	of schools and day care facilities attended by the children of
44	such firefighters are exempt from subsection (1). The home
45	addresses and telephone numbers of justices of the Supreme
46	Court, district court of appeal judges, circuit court judges,
47	and county court judges; the home addresses, telephone numbers,
48	and places of employment of the spouses and children of justices
49	and judges; and the names and locations of schools and day care
50	facilities attended by the children of justices and judges are
51	exempt from the provisions of subsection (1). The home
52	addresses, telephone numbers, social security numbers, and
53	photographs of current or former state attorneys, assistant
54	state attorneys, statewide prosecutors, or assistant statewide
55	prosecutors; the home addresses, telephone numbers, social
56	security numbers, photographs, and places of employment of the
57	spouses and children of current or former state attorneys,
58	assistant state attorneys, statewide prosecutors, or assistant
59	statewide prosecutors; and the names and locations of schools
60	and day care facilities attended by the children of current or
61	former state attorneys, assistant state attorneys, statewide
62	prosecutors, or assistant statewide prosecutors are exempt from
63	subsection (1) and s. 24(a), Art. I of the State Constitution.
64	2.  The home addresses, telephone numbers, social security
65	numbers, and photographs of current or former human resource,
66	labor relations, or employee relations directors, assistant
67	directors, managers, or assistant managers of any local
68	government agency or water management district whose duties
69	include hiring and firing employees, labor contract negotiation,
70	administration, or other personnel-related duties; the names,
71	home addresses, telephone numbers, social security numbers,
72	photographs, and places of employment of the spouses and
73	children of such personnel; and the names and locations of
74	schools and day care facilities attended by the children of such
75	personnel are exempt from subsection (1) and s. 24(a), Art. I of
76	the State Constitution. This subparagraph is subject to the Open
77	Government Sunset Review Act of 1995 in accordance with s.
78	119.15, and shall stand repealed on October 2, 2006, unless
79	reviewed and saved from repeal through reenactment by the
80	Legislature.
81	3.  The home addresses, telephone numbers, social security
82	numbers, and photographs of current or former United States
83	attorneys and assistant United States attorneys; the home
84	addresses, telephone numbers, social security numbers,
85	photographs, and places of employment of the spouses and
86	children of current or former United States attorneys and
87	assistant United States attorneys; and the names and locations
88	of schools and day care facilities attended by the children of
89	current or former United States attorneys and assistant United
90	States attorneys are exempt from subsection (1) and s. 24(a),
91	Art. I of the State Constitution. This subparagraph is subject
92	to the Open Government Sunset Review Act of 1995 in accordance
93	with s. 119.15 and shall stand repealed on October 2, 2009,
94	unless reviewed and saved from repeal through reenactment by the
95	Legislature.
96	4.  The home addresses, telephone numbers, social security
97	numbers, and photographs of current or former judges of United
98	States Courts of Appeal, United States district judges, and
99	United States magistrate judges; the home addresses, telephone
100	numbers, social security numbers, photographs, and places of
101	employment of the spouses and children of current or former
102	judges of United States Courts of Appeal, United States district
103	judges, and United States magistrate judges; and the names and
104	locations of schools and day care facilities attended by the
105	children of current or former judges of United States Courts of
106	Appeal, United States district judges, and United States
107	magistrate judges are exempt from subsection (1) and s. 24(a),
108	Art. I of the State Constitution. This subparagraph is subject
109	to the Open Government Sunset Review Act of 1995 in accordance
110	with s. 119.15, and shall stand repealed on October 2, 2009,
111	unless reviewed and saved from repeal through reenactment by the
112	Legislature.
113	5.  The home addresses, telephone numbers, social security
114	numbers, and photographs of current or former code enforcement
115	officers; the names, home addresses, telephone numbers, social
116	security numbers, photographs, and places of employment of the
117	spouses and children of such persons; and the names and
118	locations of schools and day care facilities attended by the
119	children of such persons are exempt from subsection (1) and s.
120	24(a), Art. I of the State Constitution. This subparagraph is
121	subject to the Open Government Sunset Review Act of 1995 in
122	accordance with s. 119.15, and shall stand repealed on October
123	2, 2006, unless reviewed and saved from repeal through
124	reenactment by the Legislature.
125	6.a.  The home addresses, telephone numbers, social
126	security numbers, and photographs of current or former personnel
127	of a crime laboratory or medical examiner's office; the names,
128	home addresses, telephone numbers, social security numbers,
129	photographs, and places of employment of the spouses and
130	children of current or former personnel of a crime laboratory or
131	medical examiner's office; and the names and locations of
132	schools and day care facilities attended by children of current
133	or former personnel of a crime laboratory or medical examiner's
134	office are exempt from subsection (1) and s. 24(a), Art. I of
135	the State Constitution. For purposes of this sub-subparagraph,
136	personnel of a crime laboratory or medical examiner's office are
137	defined as personnel whose primary duties or responsibilities
138	include performing laboratory and analytical work in criminal
139	identification and investigation; photographing crime scenes;
140	classifying, evaluating, and identifying fingerprints; or
141	supervising one or more persons who have those duties or
142	responsibilities.
143	b.  Sub-subparagraph a. is subject to the Open Government
144	Sunset Review Act of 1995 in accordance with s. 119.15, and
145	shall stand repealed on October 2, 2010, unless reviewed and
146	saved from repeal through reenactment by the Legislature.
147	7.6.  An agency that is the custodian of the personal
148	information specified in subparagraph 1., subparagraph 2.,
149	subparagraph 3., subparagraph 4., or subparagraph 5., or
150	subparagraph 6., and that is not the employer of the officer,
151	employee, justice, judge, or other person specified in
152	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
153	4., or subparagraph 5., or subparagraph 6., shall maintain the
154	exempt status of the personal information only if the officer,
155	employee, justice, judge, other person, or employing agency of
156	the designated employee submits a written request for
157	maintenance of the exemption to the custodial agency.
158	Section 2.  The Legislature finds that the exemption from
159	public records requirements provided by this act for the home
160	addresses, telephone numbers, social security numbers, and
161	photographs of current or former personnel of a crime laboratory
162	or medical examiner's office; the names, home addresses,
163	telephone numbers, social security numbers, photographs, and
164	places of employment of the spouses and children of such
165	personnel; and the names and locations of schools and day care
166	facilities attended by the children of such personnel is a
167	public necessity. Personnel of a crime laboratory or medical
168	examiner's office are often called upon to provide professional
169	opinions regarding the manner of death or injury of a victim of
170	crime. The opinions they render may lead to the conviction of
171	the accused and to the accused's incarceration or execution. As
172	a result, current or former personnel could be targeted for
173	revenge by the accused or by family or friends of the accused.
174	In addition, persons who might seek revenge against current or
175	former personnel of a crime laboratory or medical examiner's
176	office could also target the family members of these personnel.
177	If identifying information of current or former personnel of a
178	crime laboratory or medical examiner's office or their family
179	members is not made exempt from public records requirements, it
180	would be much easier for persons with an intent to seek revenge
181	to locate these personnel and their families and cause them
182	harm. Thus, the Legislature finds that it is a public necessity
183	to exempt from disclosure the home addresses, telephone numbers,
184	social security numbers, and photographs of current and former
185	personnel of a crime laboratory or medical examiner's office;
186	the names, home addresses, telephone numbers, social security
187	numbers, photographs, and places of employment of their spouses
188	and children; and the names and locations of schools and day
189	care facilities attended by the children of such personnel.
190	Section 3.  This act shall take effect October 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.