Florida Senate - 2009                                    SB 2432
       
       
       
       By Senator Detert
       
       
       
       
       23-01074C-09                                          20092432__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for the home addresses, personal
    5         e-mail addresses, and telephone numbers of
    6         instructional personnel and school administrators, the
    7         home addresses, personal e-mail addresses, telephone
    8         numbers, and places of employment of the spouses and
    9         children of instructional personnel or school
   10         administrators, and the names and locations of schools
   11         and day care facilities attended by the children of
   12         instructional personnel or school administrators;
   13         requiring an agency that is the custodian of such
   14         personal information to maintain the exempt status of
   15         the personal information; providing for legislative
   16         review and repeal of the exemption under the Open
   17         Government Sunset Review Act; providing a statement of
   18         public necessity; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) of subsection (4) of section
   23  119.071, Florida Statutes, is amended to read:
   24         119.071 General exemptions from inspection or copying of
   25  public records.—
   26         (4) AGENCY PERSONNEL INFORMATION.—
   27         (d)1.a. The home addresses, telephone numbers, social
   28  security numbers, and photographs of active or former law
   29  enforcement personnel, including correctional and correctional
   30  probation officers, personnel of the Department of Children and
   31  Family Services whose duties include the investigation of abuse,
   32  neglect, exploitation, fraud, theft, or other criminal
   33  activities, personnel of the Department of Health whose duties
   34  are to support the investigation of child abuse or neglect, and
   35  personnel of the Department of Revenue or local governments
   36  whose responsibilities include revenue collection and
   37  enforcement or child support enforcement; the home addresses,
   38  telephone numbers, social security numbers, photographs, and
   39  places of employment of the spouses and children of such
   40  personnel; and the names and locations of schools and day care
   41  facilities attended by the children of such personnel are exempt
   42  from s. 119.07(1). The home addresses, telephone numbers, and
   43  photographs of firefighters certified in compliance with s.
   44  633.35; the home addresses, telephone numbers, photographs, and
   45  places of employment of the spouses and children of such
   46  firefighters; and the names and locations of schools and day
   47  care facilities attended by the children of such firefighters
   48  are exempt from s. 119.07(1). The home addresses and telephone
   49  numbers of justices of the Supreme Court, district court of
   50  appeal judges, circuit court judges, and county court judges;
   51  the home addresses, telephone numbers, and places of employment
   52  of the spouses and children of justices and judges; and the
   53  names and locations of schools and day care facilities attended
   54  by the children of justices and judges are exempt from s.
   55  119.07(1). The home addresses, telephone numbers, social
   56  security numbers, and photographs of current or former state
   57  attorneys, assistant state attorneys, statewide prosecutors, or
   58  assistant statewide prosecutors; the home addresses, telephone
   59  numbers, social security numbers, photographs, and places of
   60  employment of the spouses and children of current or former
   61  state attorneys, assistant state attorneys, statewide
   62  prosecutors, or assistant statewide prosecutors; and the names
   63  and locations of schools and day care facilities attended by the
   64  children of current or former state attorneys, assistant state
   65  attorneys, statewide prosecutors, or assistant statewide
   66  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
   67  the State Constitution.
   68         b. The home addresses and telephone numbers of general
   69  magistrates, special magistrates, judges of compensation claims,
   70  administrative law judges of the Division of Administrative
   71  Hearings, and child support enforcement hearing officers; the
   72  home addresses, telephone numbers, and places of employment of
   73  the spouses and children of general magistrates, special
   74  magistrates, judges of compensation claims, administrative law
   75  judges of the Division of Administrative Hearings, and child
   76  support enforcement hearing officers; and the names and
   77  locations of schools and day care facilities attended by the
   78  children of general magistrates, special magistrates, judges of
   79  compensation claims, administrative law judges of the Division
   80  of Administrative Hearings, and child support enforcement
   81  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   82  I of the State Constitution if the general magistrate, special
   83  magistrate, judge of compensation claims, administrative law
   84  judge of the Division of Administrative Hearings, or child
   85  support hearing officer provides a written statement that the
   86  general magistrate, special magistrate, judge of compensation
   87  claims, administrative law judge of the Division of
   88  Administrative Hearings, or child support hearing officer has
   89  made reasonable efforts to protect such information from being
   90  accessible through other means available to the public. This
   91  sub-subparagraph is subject to the Open Government Sunset Review
   92  Act in accordance with s. 119.15, and shall stand repealed on
   93  October 2, 2013, unless reviewed and saved from repeal through
   94  reenactment by the Legislature.
   95         2. The home addresses, telephone numbers, and photographs
   96  of current or former human resource, labor relations, or
   97  employee relations directors, assistant directors, managers, or
   98  assistant managers of any local government agency or water
   99  management district whose duties include hiring and firing
  100  employees, labor contract negotiation, administration, or other
  101  personnel-related duties; the names, home addresses, telephone
  102  numbers, and places of employment of the spouses and children of
  103  such personnel; and the names and locations of schools and day
  104  care facilities attended by the children of such personnel are
  105  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  106  Constitution.
  107         3. The home addresses, telephone numbers, social security
  108  numbers, and photographs of current or former United States
  109  attorneys and assistant United States attorneys; the home
  110  addresses, telephone numbers, social security numbers,
  111  photographs, and places of employment of the spouses and
  112  children of current or former United States attorneys and
  113  assistant United States attorneys; and the names and locations
  114  of schools and day care facilities attended by the children of
  115  current or former United States attorneys and assistant United
  116  States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
  117  I of the State Constitution. This subparagraph is subject to the
  118  Open Government Sunset Review Act in accordance with s. 119.15
  119  and shall stand repealed on October 2, 2009, unless reviewed and
  120  saved from repeal through reenactment by the Legislature.
  121         4. The home addresses, telephone numbers, social security
  122  numbers, and photographs of current or former judges of United
  123  States Courts of Appeal, United States district judges, and
  124  United States magistrate judges; the home addresses, telephone
  125  numbers, social security numbers, photographs, and places of
  126  employment of the spouses and children of current or former
  127  judges of United States Courts of Appeal, United States district
  128  judges, and United States magistrate judges; and the names and
  129  locations of schools and day care facilities attended by the
  130  children of current or former judges of United States Courts of
  131  Appeal, United States district judges, and United States
  132  magistrate judges are exempt from s. 119.07(1) and s. 24(a),
  133  Art. I of the State Constitution. This subparagraph is subject
  134  to the Open Government Sunset Review Act in accordance with s.
  135  119.15 and shall stand repealed on October 2, 2009, unless
  136  reviewed and saved from repeal through reenactment by the
  137  Legislature.
  138         5. The home addresses, telephone numbers, and photographs
  139  of current or former code enforcement officers; the names, home
  140  addresses, telephone numbers, and places of employment of the
  141  spouses and children of such personnel; and the names and
  142  locations of schools and day care facilities attended by the
  143  children of such personnel are exempt from s. 119.07(1) and s.
  144  24(a), Art. I of the State Constitution.
  145         6. The home addresses, telephone numbers, places of
  146  employment, and photographs of current or former guardians ad
  147  litem, as defined in s. 39.820, and the names, home addresses,
  148  telephone numbers, and places of employment of the spouses and
  149  children of such persons, are exempt from s. 119.07(1) and s.
  150  24(a), Art. I of the State Constitution, if the guardian ad
  151  litem provides a written statement that the guardian ad litem
  152  has made reasonable efforts to protect such information from
  153  being accessible through other means available to the public.
  154  This subparagraph is subject to the Open Government Sunset
  155  Review Act in accordance with s. 119.15 and shall stand repealed
  156  on October 2, 2010, unless reviewed and saved from repeal
  157  through reenactment by the Legislature.
  158         7. The home addresses, telephone numbers, and photographs
  159  of current or former juvenile probation officers, juvenile
  160  probation supervisors, detention superintendents, assistant
  161  detention superintendents, senior juvenile detention officers,
  162  juvenile detention officer supervisors, juvenile detention
  163  officers, house parents I and II, house parent supervisors,
  164  group treatment leaders, group treatment leader supervisors,
  165  rehabilitation therapists, and social services counselors of the
  166  Department of Juvenile Justice; the names, home addresses,
  167  telephone numbers, and places of employment of spouses and
  168  children of such personnel; and the names and locations of
  169  schools and day care facilities attended by the children of such
  170  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  171  the State Constitution. This subparagraph is subject to the Open
  172  Government Sunset Review Act in accordance with s. 119.15 and
  173  shall stand repealed on October 2, 2011, unless reviewed and
  174  saved from repeal through reenactment by the Legislature.
  175         8.The home addresses, personal e-mail addresses, and
  176  telephone numbers of instructional personnel and school
  177  administrators, as defined in s. 1012.01; the home addresses,
  178  personal e-mail addresses, telephone numbers, and places of
  179  employment of the spouses and children of instructional
  180  personnel or school administrators; and the names and locations
  181  of schools and day care facilities attended by the children of
  182  instructional personnel or school administrators are exempt from
  183  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  184  This subparagraph is subject to the Open Government Sunset
  185  Review Act in accordance with s. 119.15, and shall stand
  186  repealed on October 2, 2014, unless reviewed and saved from
  187  repeal through reenactment by the Legislature.
  188         9.8. An agency that is the custodian of the personal
  189  information specified in subparagraph 1., subparagraph 2.,
  190  subparagraph 3., subparagraph 4., subparagraph 5., subparagraph
  191  6., or subparagraph 7. and that is not the employer of the
  192  officer, employee, justice, judge, or other person specified in
  193  subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
  194  4., subparagraph 5., subparagraph 6., or subparagraph 7. shall
  195  maintain the exempt status of the personal information only if
  196  the officer, employee, justice, judge, other person, or
  197  employing agency of the designated employee submits a written
  198  request for maintenance of the exemption to the custodial
  199  agency. An agency that is the custodian of the personal
  200  information specified in subparagraph 8. and that is not the
  201  employer of the instructional personnel or school administrator
  202  shall maintain the exempt status of the personal information.
  203         Section 2. The Legislature finds that it is a public
  204  necessity that the home addresses, personal e-mail addresses,
  205  and telephone numbers of instructional personnel, as defined in
  206  s. 1012.01, Florida Statutes, and school administrators, as
  207  defined in s. 1012.01, Florida Statutes, be made exempt from
  208  public-records requirements. The Legislature also finds that it
  209  is a public necessity that the home addresses, personal e-mail
  210  addresses, telephone numbers, and places of employment of the
  211  spouses and children of instructional personnel or school
  212  administrators be made exempt from public-records requirements.
  213  The Legislature also finds that it is a public necessity that
  214  the names and locations of schools and day care facilities
  215  attended by the children of instructional personnel or school
  216  administrators be made exempt from public-records requirements.
  217  The Legislature also finds that it is a public necessity that an
  218  agency that is the custodian of this personal information and
  219  that is not the employer of the instructional personnel or
  220  school administrator maintain the exempt status of the personal
  221  information. Release of such identifying and location
  222  information might place instructional personnel and school
  223  administrators and their family members in danger of physical
  224  and emotional harm or harassment from disgruntled students,
  225  parents, or individuals seeking to harm or harass instructional
  226  personnel and school administrators and their family members.
  227  Therefore, the harm that might result from the release of the
  228  information outweighs any public benefit that could be derived
  229  from disclosure of the information.
  230         Section 3. This act shall take effect July 1, 2009.