Senate Bill sb0664c1

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    Florida Senate - 2006                            CS for SB 664

    By the Committees on Governmental Oversight and Productivity;
    and Community Affairs




    585-2174-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding code

  4         enforcement officers; amending s. 119.071,

  5         F.S.; narrowing the public records exemption

  6         for personal identifying information of current

  7         and former code enforcement officers and the

  8         spouses and children of such officers; removing

  9         the scheduled repeal of the exemption under the

10         Open Government Sunset Review Act; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (d) of subsection (4) of section

16  119.071, Florida Statutes, is amended to read:

17         119.071  General exemptions from inspection or copying

18  of public records.--

19         (4)  AGENCY PERSONNEL INFORMATION.--

20         (d)1.  The home addresses, telephone numbers, social

21  security numbers, and photographs of active or former law

22  enforcement personnel, including correctional and correctional

23  probation officers, personnel of the Department of Children

24  and Family Services whose duties include the investigation of

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

26  activities, personnel of the Department of Health whose duties

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

28  and personnel of the Department of Revenue or local

29  governments whose responsibilities include revenue collection

30  and enforcement or child support enforcement; the home

31  addresses, telephone numbers, social security numbers,

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    Florida Senate - 2006                            CS for SB 664
    585-2174-06




 1  photographs, and places of employment of the spouses and

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

 3  schools and day care facilities attended by the children of

 4  such personnel are exempt from s. 119.07(1). The home

 5  addresses, telephone numbers, and photographs of firefighters

 6  certified in compliance with s. 633.35; the home addresses,

 7  telephone numbers, photographs, and places of employment of

 8  the spouses and children of such firefighters; and the names

 9  and locations of schools and day care facilities attended by

10  the children of such firefighters are exempt from s.

11  119.07(1). The home addresses and telephone numbers of

12  justices of the Supreme Court, district court of appeal

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

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

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

16  and locations of schools and day care facilities attended by

17  the children of justices and judges are exempt from s.

18  119.07(1). The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former state

20  attorneys, assistant state attorneys, statewide prosecutors,

21  or assistant statewide prosecutors; the home addresses,

22  telephone numbers, social security numbers, photographs, and

23  places of employment of the spouses and children of current or

24  former state attorneys, assistant state attorneys, statewide

25  prosecutors, or assistant statewide prosecutors; and the names

26  and locations of schools and day care facilities attended by

27  the children of current or former state attorneys, assistant

28  state attorneys, statewide prosecutors, or assistant statewide

29  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I

30  of the State Constitution.

31  

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    Florida Senate - 2006                            CS for SB 664
    585-2174-06




 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 s. 119.07(1) and s.

13  24(a), Art. I of the State Constitution. This subparagraph is

14  subject to the Open Government Sunset Review Act in accordance

15  with s. 119.15 and shall stand repealed on October 2, 2006,

16  unless reviewed and saved from repeal through reenactment by

17  the Legislature.

18         3.  The home addresses, telephone numbers, social

19  security numbers, and photographs of current or former United

20  States attorneys and assistant United States attorneys; 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 United States attorneys and

24  assistant United States attorneys; and the names and locations

25  of schools and day care facilities attended by the children of

26  current or former United States attorneys and assistant United

27  States attorneys are exempt from s. 119.07(1) and s. 24(a),

28  Art. I of the State Constitution. This subparagraph is subject

29  to the Open Government Sunset Review Act in accordance with s.

30  119.15 and shall stand repealed on October 2, 2009, unless

31  

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    Florida Senate - 2006                            CS for SB 664
    585-2174-06




 1  reviewed and saved from repeal through reenactment by the

 2  Legislature.

 3         4.  The home addresses, telephone numbers, social

 4  security numbers, and photographs of current or former judges

 5  of United States Courts of Appeal, United States district

 6  judges, and United States magistrate judges; the home

 7  addresses, telephone numbers, social security numbers,

 8  photographs, and places of employment of the spouses and

 9  children of current or former judges of United States Courts

10  of Appeal, United States district judges, and United States

11  magistrate judges; and the names and locations of schools and

12  day care facilities attended by the children of current or

13  former judges of United States Courts of Appeal, United States

14  district judges, and United States magistrate judges are

15  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

16  Constitution. This subparagraph is subject to the Open

17  Government Sunset Review Act in accordance with s. 119.15 and

18  shall stand repealed on October 2, 2009, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         5.  The home addresses, telephone numbers, social

21  security numbers, and photographs of current or former code

22  enforcement officers; the names, home addresses, telephone

23  numbers, social security numbers, photographs, and places of

24  employment of the spouses and children of such personnel

25  persons; and the names and locations of schools and day care

26  facilities attended by the children of such personnel persons

27  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution. This subparagraph is subject to the Open

29  Government Sunset Review Act in accordance with s. 119.15 and

30  shall stand repealed on October 2, 2006, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

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    Florida Senate - 2006                            CS for SB 664
    585-2174-06




 1         6.  The home addresses, telephone numbers, places of

 2  employment, and photographs of current or former guardians ad

 3  litem, as defined in s. 39.820, and the names, home addresses,

 4  telephone numbers, and places of employment of the spouses and

 5  children of such persons, are exempt from s. 119.07(1) and s.

 6  24(a), Art. I of the State Constitution, if the guardian ad

 7  litem provides a written statement that the guardian ad litem

 8  has made reasonable efforts to protect such information from

 9  being accessible through other means available to the public.

10  This subparagraph is subject to the Open Government Sunset

11  Review Act in accordance with s. 119.15 and shall stand

12  repealed on October 2, 2010, unless reviewed and saved from

13  repeal through reenactment by the Legislature.

14         7.  An agency that is the custodian of the personal

15  information specified in subparagraph 1., subparagraph 2.,

16  subparagraph 3., subparagraph 4., subparagraph 5., or

17  subparagraph 6. and that is not the employer of the officer,

18  employee, justice, judge, or other person specified in

19  subparagraph 1., subparagraph 2., subparagraph 3.,

20  subparagraph 4., subparagraph 5., or subparagraph 6. shall

21  maintain the exempt status of the personal information only if

22  the officer, employee, justice, judge, other person, or

23  employing agency of the designated employee submits a written

24  request for maintenance of the exemption to the custodial

25  agency.

26         Section 2.  This act shall take effect October 1, 2006.

27  

28          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
29                         Senate Bill 664

30                                 

31  Removes photographs of family members as agencies do not
    collect those records according to agency surveys.
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