Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1324
Ì120406uÎ120406
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2015 .
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The Committee on Rules (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 32 - 332
4 and insert:
5 2.a.(I) The home addresses, telephone numbers, social
6 security numbers, dates of birth, and photographs of active or
7 former sworn or civilian law enforcement personnel, including
8 correctional and correctional probation officers;, personnel of
9 the Department of Children and Families whose duties include the
10 investigation of abuse, neglect, exploitation, fraud, theft, or
11 other criminal activities;, personnel of the Department of
12 Health whose duties are to support the investigation of child
13 abuse or neglect;, and personnel of the Department of Revenue or
14 local governments whose responsibilities include revenue
15 collection and enforcement or child support enforcement; and
16 commissioners of the Florida Commission on Offender Review, and
17 the personnel of the commission whose duties include making
18 final decisions on holding a hearing for, or investigating
19 violations of, post-incarceration supervised release; the home
20 addresses, telephone numbers, social security numbers,
21 photographs, dates of birth, and places of employment of the
22 spouses and children of such personnel; and the names and
23 locations of schools and day care facilities attended by the
24 children of such personnel are exempt from s. 119.07(1) and s.
25 24(a), Art. I of the State Constitution. This sub-sub
26 subparagraph is subject to the Open Government Sunset Review Act
27 in accordance with s. 119.15 and shall stand repealed on October
28 2, 2020, unless reviewed and saved from repeal through
29 reenactment by the Legislature.
30 (II) The names of the spouses and children of active or
31 former sworn or civilian law enforcement personnel and the other
32 specified agency personnel identified in sub-sub-subparagraph
33 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
34 State Constitution.
35 (III) This sub-sub-subparagraph (II) is subject to the Open
36 Government Sunset Review Act in accordance with s. 119.15, and
37 shall stand repealed on October 2, 2018, unless reviewed and
38 saved from repeal through reenactment by the Legislature.
39 (III) Residential addresses, personal e-mail addresses,
40 license plate numbers, and banking and financial information of
41 active or former sworn or civilian law enforcement personnel and
42 the other specified agency personnel identified in sub-sub
43 subparagraph (I) and the home addresses, telephone numbers,
44 photographs, dates of birth, and places of employment of the
45 parents, siblings, and cohabitants of active or former sworn or
46 civilian law enforcement personnel and the other specified
47 agency personnel identified in sub-sub-subparagraph (I) are
48 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
49 Constitution. The exemptions in this sub-sub-subparagraph apply
50 to information held by an agency before, on, or after the
51 effective date of the exemption. This sub-sub-subparagraph is
52 subject to the Open Government Sunset Review Act in accordance
53 with s. 119.15 and shall stand repealed on October 2, 2020,
54 unless reviewed and saved from repeal through reenactment by the
55 Legislature.
56 b. The home addresses, telephone numbers, dates of birth,
57 and photographs of firefighters certified in compliance with s.
58 633.408; the home addresses, telephone numbers, photographs,
59 dates of birth, and places of employment of the spouses and
60 children of such firefighters; and the names and locations of
61 schools and day care facilities attended by the children of such
62 firefighters are exempt from s. 119.07(1).
63 c. The home addresses, dates of birth, and telephone
64 numbers of current or former justices of the Supreme Court,
65 district court of appeal judges, circuit court judges, and
66 county court judges; the home addresses, telephone numbers,
67 dates of birth, and places of employment of the spouses and
68 children of current or former justices and judges; and the names
69 and locations of schools and day care facilities attended by the
70 children of current or former justices and judges are exempt
71 from s. 119.07(1).
72 d.(I) The home addresses, telephone numbers, social
73 security numbers, dates of birth, and photographs of current or
74 former state attorneys, assistant state attorneys, statewide
75 prosecutors, or assistant statewide prosecutors; the home
76 addresses, telephone numbers, social security numbers,
77 photographs, dates of birth, and places of employment of the
78 spouses and children of current or former state attorneys,
79 assistant state attorneys, statewide prosecutors, or assistant
80 statewide prosecutors; and the names and locations of schools
81 and day care facilities attended by the children of current or
82 former state attorneys, assistant state attorneys, statewide
83 prosecutors, or assistant statewide prosecutors are exempt from
84 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
85 (II) The names of the spouses and children of current or
86 former state attorneys, assistant state attorneys, statewide
87 prosecutors, or assistant statewide prosecutors are exempt from
88 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
89 (III) Sub-sub-subparagraph (II) is subject to the Open
90 Government Sunset Review Act in accordance with s. 119.15, and
91 shall stand repealed on October 2, 2018, unless reviewed and
92 saved from repeal through reenactment by the Legislature.
93 (IV) Residential addresses, personal e-mail addresses,
94 license plate numbers, and banking and financial information of
95 current or former state attorneys, assistant state attorneys,
96 statewide prosecutors, or assistant statewide prosecutors and
97 the home addresses, telephone numbers, photographs, dates of
98 birth, and places of employment of the parents, siblings, and
99 cohabitants of current or former state attorneys, assistant
100 state attorneys, statewide prosecutors, or assistant statewide
101 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
102 the State Constitution. The exemptions in this sub-sub
103 subparagraph apply to information held by an agency before, on,
104 or after the effective date of the exemption. This sub-sub
105 subparagraph is subject to the Open Government Sunset Review Act
106 in accordance with s. 119.15 and shall stand repealed on October
107 2, 2020, unless reviewed and saved from repeal through
108 reenactment by the Legislature.
109 e. The home addresses, dates of birth, and telephone
110 numbers of general magistrates, special magistrates, judges of
111 compensation claims, administrative law judges of the Division
112 of Administrative Hearings, and child support enforcement
113 hearing officers; the home addresses, telephone numbers, dates
114 of birth, and places of employment of the spouses and children
115 of general magistrates, special magistrates, judges of
116 compensation claims, administrative law judges of the Division
117 of Administrative Hearings, and child support enforcement
118 hearing officers; and the names and locations of schools and day
119 care facilities attended by the children of general magistrates,
120 special magistrates, judges of compensation claims,
121 administrative law judges of the Division of Administrative
122 Hearings, and child support enforcement hearing officers are
123 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
124 Constitution if the general magistrate, special magistrate,
125 judge of compensation claims, administrative law judge of the
126 Division of Administrative Hearings, or child support hearing
127 officer provides a written statement that the general
128 magistrate, special magistrate, judge of compensation claims,
129 administrative law judge of the Division of Administrative
130 Hearings, or child support hearing officer has made reasonable
131 efforts to protect such information from being accessible
132 through other means available to the public.
133 f. The home addresses, telephone numbers, dates of birth,
134 and photographs of current or former human resource, labor
135 relations, or employee relations directors, assistant directors,
136 managers, or assistant managers of any local government agency
137 or water management district whose duties include hiring and
138 firing employees, labor contract negotiation, administration, or
139 other personnel-related duties; the names, home addresses,
140 telephone numbers, dates of birth, and places of employment of
141 the 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 g. The home addresses, telephone numbers, dates of birth,
146 and photographs of current or former code enforcement officers;
147 the names, home addresses, telephone numbers, dates of birth,
148 and places of employment of the spouses and children of such
149 personnel; and the names and locations of schools and day care
150 facilities attended by the children of such personnel are exempt
151 from s. 119.07(1) and s. 24(a), Art. I of the State
152 Constitution.
153 h. The home addresses, telephone numbers, places of
154 employment, dates of birth, and photographs of current or former
155 guardians ad litem, as defined in s. 39.820; the names, home
156 addresses, telephone numbers, dates of birth, and places of
157 employment of the spouses and children of such persons; and the
158 names and locations of schools and day care facilities attended
159 by the children of such persons are exempt from s. 119.07(1) and
160 s. 24(a), Art. I of the State Constitution, if the guardian ad
161 litem provides a written statement that the guardian ad litem
162 has made reasonable efforts to protect such information from
163 being accessible through other means available to the public.
164 i. The home addresses, telephone numbers, dates of birth,
165 and photographs of current or former juvenile probation
166 officers, juvenile probation supervisors, detention
167 superintendents, assistant detention superintendents, juvenile
168 justice detention officers I and II, juvenile justice detention
169 officer supervisors, juvenile justice residential officers,
170 juvenile justice residential officer supervisors I and II,
171 juvenile justice counselors, juvenile justice counselor
172 supervisors, human services counselor administrators, senior
173 human services counselor administrators, rehabilitation
174 therapists, and social services counselors of the Department of
175 Juvenile Justice; the names, home addresses, telephone numbers,
176 dates of birth, and places of employment of spouses and children
177 of such personnel; and the names and locations of schools and
178 day care facilities attended by the children of such personnel
179 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
180 Constitution.
181 j.(I) The home addresses, telephone numbers, dates of
182 birth, and photographs of current or former public defenders,
183 assistant public defenders, criminal conflict and civil regional
184 counsel, and assistant criminal conflict and civil regional
185 counsel, capital collateral regional counsel, and assistant
186 capital collateral regional counsel; the home addresses,
187 telephone numbers, dates of birth, and places of employment of
188 the spouses and children of such defenders or counsel; and the
189 names and locations of schools and day care facilities attended
190 by the children of such defenders or counsel are exempt from s.
191 119.07(1) and s. 24(a), Art. I of the State Constitution. This
192 sub-sub-subparagraph is subject to the Open Government Sunset
193 Review Act in accordance with s. 119.15 and shall stand repealed
194 on October 2, 2020, unless reviewed and saved from repeal
195 through reenactment by the Legislature.
196 (II) The names of the spouses and children of the specified
197 agency personnel identified in sub-sub-subparagraph (I) are
198 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
199 Constitution. This sub-sub-subparagraph is subject to the Open
200 Government Sunset Review Act in accordance with s. 119.15 and
201 shall stand repealed on October 2, 2019, unless reviewed and
202 saved from repeal through reenactment by the Legislature.
203 (III) Residential addresses, personal e-mail addresses,
204 license plate numbers, and banking and financial information of
205 current or former public defenders, assistant public defenders,
206 criminal conflict and civil regional counsel, assistant criminal
207 conflict and civil regional counsel, capital collateral regional
208 counsel, and assistant capital collateral regional counsel, and
209 the home addresses, telephone numbers, photographs, dates of
210 birth, and places of employment of the parents, siblings, and
211 cohabitants of current or former public defenders, assistant
212 public defenders, criminal conflict and civil regional counsel,
213 assistant criminal conflict and civil regional counsel, capital
214 collateral regional counsel, and assistant capital collateral
215 regional counsel are exempt from s. 119.07(1) and s. 24(a), Art.
216 I of the State Constitution. The exemptions in this sub-sub
217 subparagraph apply to information held by an agency before, on,
218 or after the effective date of the exemption. This sub-sub
219 subparagraph is subject to the Open Government Sunset Review Act
220 in accordance with s. 119.15 and shall stand repealed on October
221 2, 2020, unless reviewed and saved from repeal through
222 reenactment by the Legislature.
223 k. The home addresses, telephone numbers, and photographs
224 of current or former investigators or inspectors of the
225 Department of Business and Professional Regulation; the names,
226 home addresses, telephone numbers, and places of employment of
227 the spouses and children of such current or former investigators
228 and inspectors; and the names and locations of schools and day
229 care facilities attended by the children of such current or
230 former investigators and inspectors are exempt from s. 119.07(1)
231 and s. 24(a), Art. I of the State Constitution if the
232 investigator or inspector has made reasonable efforts to protect
233 such information from being accessible through other means
234 available to the public. This sub-subparagraph is subject to the
235 Open Government Sunset Review Act in accordance with s. 119.15
236 and shall stand repealed on October 2, 2017, unless reviewed and
237 saved from repeal through reenactment by the Legislature.
238 l. The home addresses and telephone numbers of county tax
239 collectors; the names, home addresses, telephone numbers, and
240 places of employment of the spouses and children of such tax
241 collectors; and the names and locations of schools and day care
242 facilities attended by the children of such tax collectors are
243 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
244 Constitution if the county tax collector has made reasonable
245 efforts to protect such information from being accessible
246 through other means available to the public. This sub
247 subparagraph is subject to the Open Government Sunset Review Act
248 in accordance with s. 119.15 and shall stand repealed on October
249 2, 2017, unless reviewed and saved from repeal through
250 reenactment by the Legislature.
251 m. The home addresses, telephone numbers, dates of birth,
252 and photographs of current or former personnel of the Department
253 of Health whose duties include, or result in, the determination
254 or adjudication of eligibility for social security disability
255 benefits, the investigation or prosecution of complaints filed
256 against health care practitioners, or the inspection of health
257 care practitioners or health care facilities licensed by the
258 Department of Health; the names, home addresses, telephone
259 numbers, dates of birth, and places of employment of the spouses
260 and children of such personnel; and the names and locations of
261 schools and day care facilities attended by the children of such
262 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
263 the State Constitution if the personnel have made reasonable
264 efforts to protect such information from being accessible
265 through other means available to the public. This sub
266 subparagraph is subject to the Open Government Sunset Review Act
267 in accordance with s. 119.15 and shall stand repealed on October
268 2, 2019, unless reviewed and saved from repeal through
269 reenactment by the Legislature.
270 3. An agency that is the custodian of the information
271 specified in subparagraph 2. and that is not the employer of the
272 officer, employee, justice, judge, or other person specified in
273 subparagraph 2. shall maintain the exempt status of that
274 information only if the officer, employee, justice, judge, other
275 person, or employing agency of the designated employee submits a
276 written request for maintenance of the exemption to the
277 custodial agency.
278 4. The exemptions in this paragraph apply to information
279 held by an agency before, on, or after the effective date of the
280 exemption.
281 5. Except as otherwise expressly provided in this
282 paragraph, this paragraph is subject to the Open Government
283 Sunset Review Act in accordance with s. 119.15, and shall stand
284 repealed on October 2, 2017, unless reviewed and saved from
285 repeal through reenactment by the Legislature.
286 Section 2. (1) The Legislature finds that it is a public
287 necessity that the home addresses, telephone numbers, dates of
288 birth, and photographs of commissioners of the Florida
289 Commission on Offender Review, and the personnel of the
290 commission whose duties include making final decisions on
291 holding a hearing for, or investigating violations of, post
292 incarceration supervised release, and current or former capital
293 collateral regional counsel and assistant capital collateral
294 regional counsel; the home addresses, telephone numbers, dates
295 of birth, and places of employment of the spouses and children
296 of such personnel and counsel; and the names and locations of
297 schools and day care facilities attended by the children of such
298 personnel and counsel be exempt from s. 119.07(1), Florida
299 Statutes, and s. 24(a), Article I of the State Constitution.
300 Further, the Legislature also finds that it is a public
301 necessity that the names of the spouses and children of
302 commissioners of the Florida Commission on Offender Review, and
303 the personnel of the commission whose duties include making
304 final decisions on holding a hearing for, or investigating
305 violations of, post-incarceration supervised release, and
306 current or former capital collateral regional counsel and
307 assistant capital collateral regional counsel be exempt from s.
308 119.07(1), Florida Statutes, and s. 24(a), Article I of the
309 State Constitution. The Legislature finds that commissioners of
310 the Florida Commission on Offender Review, and the personnel of
311 the commission whose duties include making final decisions on
312 holding a hearing for, or investigating violations of, post
313 incarceration supervised release, and current or former capital
314 collateral regional counsel and assistant capital collateral
315 regional counsel and their families are entitled to the same
316 protections that are afforded to active or former sworn or civil
317 law enforcement personnel and other agency personnel identified
318 in s. 119.071(4)(d)2.a.(I), Florida Statutes, public defenders,
319 assistant public defenders, criminal conflict and civil regional
320 counsel, assistant criminal conflict and civil regional counsel,
321 and their families. The public disclosure of identification and
322 location information and the names of the spouses and children
323 of commissioners of the Florida Commission on Offender Review,
324 and the personnel of the commission whose duties include making
325 final decisions on holding a hearing for, or investigating
326 violations of, post-incarceration supervised release and current
327 or former capital collateral regional counsel and assistant
328 capital collateral regional counsel places such personnel and
329 counsel and their families in danger of physical and emotional
330 harm from disgruntled individuals who have contentious reactions
331 to actions carried out through the commission’s or counsel’s
332 official duties.
333 (2) The Legislature also finds that it is a public
334 necessity that the residential addresses, personal e-mail
335 addresses, license plate numbers, and banking and financial
336 information of active or former sworn or civilian law
337 enforcement personnel, including correctional and correctional
338 probation officers, personnel of the Department of Children and
339 Families whose duties include the investigation of abuse,
340 neglect, exploitation, fraud, theft, or other criminal
341 activities, personnel of the Department of Health whose duties
342 are to support the investigation of child abuse or neglect,
343 personnel of the Department of Revenue or local governments
344 whose responsibilities include revenue collection and
345 enforcement or child support enforcement, commissioners of the
346 Florida Commission on Offender Review, and the personnel of the
347 commission whose duties include making final decisions on
348 holding a hearing for, or investigating violations of, post
349 incarceration supervised release, current or former
350
351 ================= T I T L E A M E N D M E N T ================
352 And the title is amended as follows:
353 Delete lines 6 - 14
354 and insert:
355 personnel and specified agency personnel,
356 commissioners of the Florida Commission on Offender
357 Review and specified commission personnel, current and
358 former state attorneys, assistant state attorneys,
359 statewide prosecutors, assistant statewide
360 prosecutors, public defenders, assistant public
361 defenders, criminal conflict and civil regional
362 counsel, assistant criminal conflict and civil
363 regional counsel, capital collateral regional counsel,
364 and assistant capital collateral regional counsel and
365 their spouses, children, parents, siblings, or
366 cohabitants; providing for