HB 699

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

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