CS/HB 639

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; creating exemptions from public records requirements
4	for the home addresses and telephone numbers of general
5	magistrates, special magistrates, judges of compensation
6	claims, administrative law judges of the Division of
7	Administrative Hearings, and child support enforcement
8	hearing officers, the home addresses, telephone numbers,
9	and places of employment of the spouses and children of
10	general magistrates, special magistrates, judges of
11	compensation claims, administrative law judges of the
12	Division of Administrative Hearings, and child support
13	enforcement hearing officers, and the names and locations
14	of schools and day care facilities attended by the
15	children of general magistrates, special magistrates,
16	judges of compensation claims, administrative law judges
17	of the Division of Administrative Hearings, and child
18	support enforcement hearing officers; requiring reasonable
19	efforts by the magistrates and hearing officers to prevent
20	access through other means; providing for legislative
21	review and repeal of the exemptions; providing a statement
22	of public necessity; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Paragraph (d) of subsection (4) of section
27	119.071, Florida Statutes, is amended to read:
28	119.071  General exemptions from inspection or copying of
29	public records.--
30	(4)  AGENCY PERSONNEL INFORMATION.--
31	(d)1.a.  The home addresses, telephone numbers, social
32	security numbers, and photographs of active or former law
33	enforcement personnel, including correctional and correctional
34	probation officers, personnel of the Department of Children and
35	Family Services whose duties include the investigation of abuse,
36	neglect, exploitation, fraud, theft, or other criminal
37	activities, personnel of the Department of Health whose duties
38	are to support the investigation of child abuse or neglect, and
39	personnel of the Department of Revenue or local governments
40	whose responsibilities include revenue collection and
41	enforcement or child support enforcement; the home addresses,
42	telephone numbers, social security numbers, photographs, and
43	places of employment of the spouses and children of such
44	personnel; and the names and locations of schools and day care
45	facilities attended by the children of such personnel are exempt
46	from s. 119.07(1). The home addresses, telephone numbers, and
47	photographs of firefighters certified in compliance with s.
48	633.35; the home addresses, telephone numbers, photographs, and
49	places of employment of the spouses and children of such
50	firefighters; and the names and locations of schools and day
51	care facilities attended by the children of such firefighters
52	are exempt from s. 119.07(1). The home addresses and telephone
53	numbers of justices of the Supreme Court, district court of
54	appeal judges, circuit court judges, and county court judges;
55	the home addresses, telephone numbers, and places of employment
56	of the spouses and children of justices and judges; and the
57	names and locations of schools and day care facilities attended
58	by the children of justices and judges are exempt from s.
59	119.07(1). The home addresses, telephone numbers, social
60	security numbers, and photographs of current or former state
61	attorneys, assistant state attorneys, statewide prosecutors, or
62	assistant statewide prosecutors; the home addresses, telephone
63	numbers, social security numbers, photographs, and places of
64	employment of the spouses and children of current or former
65	state attorneys, assistant state attorneys, statewide
66	prosecutors, or assistant statewide prosecutors; and the names
67	and locations of schools and day care facilities attended by the
68	children of current or former state attorneys, assistant state
69	attorneys, statewide prosecutors, or assistant statewide
70	prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
71	the State Constitution.
72	b.  The home addresses and telephone numbers of general
73	magistrates, special magistrates, judges of compensation claims,
74	administrative law judges of the Division of Administrative
75	Hearings, and child support enforcement hearing officers; the
76	home addresses, telephone numbers, and places of employment of
77	the spouses and children of general magistrates, special
78	magistrates, judges of compensation claims, administrative law
79	judges of the Division of Administrative Hearings, and child
80	support enforcement hearing officers; and the names and
81	locations of schools and day care facilities attended by the
82	children of general magistrates, special magistrates, judges of
83	compensation claims, administrative law judges of the Division
84	of Administrative Hearings, and child support enforcement
85	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
86	I of the State Constitution if the general magistrate, special
87	magistrate, judge of compensation claims, administrative law
88	judge of the Division of Administrative Hearings, or child
89	support enforcement hearing officer provides a written statement
90	that the general magistrate, special magistrate, judge of
91	compensation claims, administrative law judge of the Division of
92	Administrative Hearings, or child support enforcement hearing
93	officer has made reasonable efforts to protect such information
94	from being accessible through other means available to the
95	public. This sub-subparagraph is subject to the Open Government
96	Sunset Review Act in accordance with s. 119.15 and shall stand
97	repealed on October 2, 2013, unless reviewed and saved from
98	repeal through reenactment by the Legislature.
99	2.  The home addresses, telephone numbers, and photographs
100	of current or former human resource, labor relations, or
101	employee relations directors, assistant directors, managers, or
102	assistant managers of any local government agency or water
103	management district whose duties include hiring and firing
104	employees, labor contract negotiation, administration, or other
105	personnel-related duties; the names, home addresses, telephone
106	numbers, and places of employment of the spouses and children of
107	such personnel; and the names and locations of schools and day
108	care facilities attended by the children of such personnel are
109	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
110	Constitution.
111	3.  The home addresses, telephone numbers, social security
112	numbers, and photographs of current or former United States
113	attorneys and assistant United States attorneys; the home
114	addresses, telephone numbers, social security numbers,
115	photographs, and places of employment of the spouses and
116	children of current or former United States attorneys and
117	assistant United States attorneys; and the names and locations
118	of schools and day care facilities attended by the children of
119	current or former United States attorneys and assistant United
120	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
121	I of the State Constitution. This subparagraph is subject to the
122	Open Government Sunset Review Act in accordance with s. 119.15
123	and shall stand repealed on October 2, 2009, unless reviewed and
124	saved from repeal through reenactment by the Legislature.
125	4.  The home addresses, telephone numbers, social security
126	numbers, and photographs of current or former judges of United
127	States Courts of Appeal, United States district judges, and
128	United States magistrate judges; the home addresses, telephone
129	numbers, social security numbers, photographs, and places of
130	employment of the spouses and children of current or former
131	judges of United States Courts of Appeal, United States district
132	judges, and United States magistrate judges; and the names and
133	locations of schools and day care facilities attended by the
134	children of current or former judges of United States Courts of
135	Appeal, United States district judges, and United States
136	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
137	Art. I of the State Constitution. This subparagraph is subject
138	to the Open Government Sunset Review Act in accordance with s.
139	119.15 and shall stand repealed on October 2, 2009, unless
140	reviewed and saved from repeal through reenactment by the
141	Legislature.
142	5.  The home addresses, telephone numbers, and photographs
143	of current or former code enforcement officers; the names, home
144	addresses, telephone numbers, and places of employment of the
145	spouses and children of such personnel; and the names and
146	locations of schools and day care facilities attended by the
147	children of such personnel are exempt from s. 119.07(1) and s.
148	24(a), Art. I of the State Constitution.
149	6.  The home addresses, telephone numbers, places of
150	employment, and photographs of current or former guardians ad
151	litem, as defined in s. 39.820, and the names, home addresses,
152	telephone numbers, and places of employment of the spouses and
153	children of such persons, are exempt from s. 119.07(1) and s.
154	24(a), Art. I of the State Constitution, if the guardian ad
155	litem provides a written statement that the guardian ad litem
156	has made reasonable efforts to protect such information from
157	being accessible through other means available to the public.
158	This subparagraph is subject to the Open Government Sunset
159	Review Act in accordance with s. 119.15 and shall stand repealed
160	on October 2, 2010, unless reviewed and saved from repeal
161	through reenactment by the Legislature.
162	7.  The home addresses, telephone numbers, and photographs
163	of current or former juvenile probation officers, juvenile
164	probation supervisors, detention superintendents, assistant
165	detention superintendents, senior juvenile detention officers,
166	juvenile detention officer supervisors, juvenile detention
167	officers, house parents I and II, house parent supervisors,
168	group treatment leaders, group treatment leader supervisors,
169	rehabilitation therapists, and social services counselors of the
170	Department of Juvenile Justice; the names, home addresses,
171	telephone numbers, and places of employment of spouses and
172	children of such personnel; and the names and locations of
173	schools and day care facilities attended by the children of such
174	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
175	the State Constitution. This subparagraph is subject to the Open
176	Government Sunset Review Act in accordance with s. 119.15 and
177	shall stand repealed on October 2, 2011, unless reviewed and
178	saved from repeal through reenactment by the Legislature.
179	8.  An agency that is the custodian of the personal
180	information specified in subparagraph 1., subparagraph 2.,
181	subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
182	6., or subparagraph 7. and that is not the employer of the
183	officer, employee, justice, judge, or other person specified in
184	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
185	4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
186	maintain the exempt status of the personal information only if
187	the officer, employee, justice, judge, other person, or
188	employing agency of the designated employee submits a written
189	request for maintenance of the exemption to the custodial
190	agency.
191	Section 2.  The Legislature finds that it is a public
192	necessity that the home addresses and telephone numbers of
193	general magistrates, special magistrates, judges of compensation
194	claims, administrative law judges of the Division of
195	Administrative Hearings, and child support enforcement hearing
196	officers be made exempt from public records requirements. The
197	Legislature also finds that it is a public necessity that the
198	home addresses, telephone numbers, and places of employment of
199	the spouses and children of general magistrates, special
200	magistrates, judges of compensation claims, administrative law
201	judges of the Division of Administrative Hearings, and child
202	support enforcement hearing officers be made exempt from public
203	records requirements. The Legislature also finds that it is a
204	public necessity that the names and locations of schools and day
205	care facilities attended by the children of general magistrates,
206	special magistrates, judges of compensation claims,
207	administrative law judges of the Division of Administrative
208	Hearings, and child support enforcement hearing officers be made
209	exempt from public records requirements. The Legislature finds
210	that these exemptions shall be subject to the general
211	magistrate, special magistrate, judge of compensation claims,
212	administrative law judge of the Division of Administrative
213	Hearings, or child support enforcement hearing officer providing
214	a written statement that the general magistrate, special
215	magistrate, judge of compensation claims, administrative law
216	judge of the Division of Administrative Hearings, or child
217	support enforcement hearing officer has made reasonable efforts
218	to protect such information from being accessible through other
219	means available to the public. Release of such identification
220	and location information might place such officials and their
221	family members in danger of physical and emotional harm from
222	disgruntled criminal defendants or litigants. Therefore, the
223	harm that might result from the release of the information
224	outweighs any public benefit that could be derived from
225	disclosure of the information.
226	Section 3.  This act shall take effect July 1, 2008.

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