Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1324
Ì963608;Î963608
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2015 .
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The Committee on Governmental Oversight and Accountability
(Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 56 - 331
4 and insert:
5 (IV) Residential addresses, personal e-mail addresses,
6 license plate numbers, and banking and financial information of
7 active or former sworn or civilian law enforcement personnel and
8 the other specified agency personnel identified in sub-sub
9 subparagraph (I) and the home addresses, telephone numbers,
10 photographs, dates of birth, and places of employment of the
11 parents, siblings, and cohabitants of active or former sworn or
12 civilian law enforcement personnel and the other specified
13 agency personnel identified in sub-sub-subparagraph (I) are
14 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution. The exemptions in this sub-sub-subparagraph apply
16 to information held by an agency before, on, or after the
17 effective date of the exemption. This sub-sub-subparagraph is
18 subject to the Open Government Sunset Review Act in accordance
19 with s. 119.15 and shall stand repealed on October 2, 2020,
20 unless reviewed and saved from repeal through reenactment by the
21 Legislature.
22 b. The home addresses, telephone numbers, dates of birth,
23 and photographs of firefighters certified in compliance with s.
24 633.408; the home addresses, telephone numbers, photographs,
25 dates of birth, and places of employment of the spouses and
26 children of such firefighters; and the names and locations of
27 schools and day care facilities attended by the children of such
28 firefighters are exempt from s. 119.07(1).
29 c. The home addresses, dates of birth, and telephone
30 numbers of current or former justices of the Supreme Court,
31 district court of appeal judges, circuit court judges, and
32 county court judges; the home addresses, telephone numbers,
33 dates of birth, and places of employment of the spouses and
34 children of current or former justices and judges; and the names
35 and locations of schools and day care facilities attended by the
36 children of current or former justices and judges are exempt
37 from s. 119.07(1).
38 d.(I) The home addresses, telephone numbers, social
39 security numbers, dates of birth, and photographs of current or
40 former state attorneys, assistant state attorneys, statewide
41 prosecutors, or assistant statewide prosecutors; the home
42 addresses, telephone numbers, social security numbers,
43 photographs, dates of birth, and places of employment of the
44 spouses and children of current or former state attorneys,
45 assistant state attorneys, statewide prosecutors, or assistant
46 statewide prosecutors; and the names and locations of schools
47 and day care facilities attended by the children of current or
48 former state attorneys, assistant state attorneys, statewide
49 prosecutors, or assistant statewide prosecutors are exempt from
50 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
51 (II) The names of the spouses and children of current or
52 former state attorneys, assistant state attorneys, statewide
53 prosecutors, or assistant statewide prosecutors are exempt from
54 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
55 (III) Sub-sub-subparagraph (II) is subject to the Open
56 Government Sunset Review Act in accordance with s. 119.15, and
57 shall stand repealed on October 2, 2018, unless reviewed and
58 saved from repeal through reenactment by the Legislature.
59 (IV) Residential addresses, personal e-mail addresses,
60 license plate numbers, and banking and financial information of
61 current or former state attorneys, assistant state attorneys,
62 statewide prosecutors, or assistant statewide prosecutors and
63 the home addresses, telephone numbers, photographs, dates of
64 birth, and places of employment of the parents, siblings, and
65 cohabitants of current or former state attorneys, assistant
66 state attorneys, statewide prosecutors, or assistant statewide
67 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
68 the State Constitution. The exemptions in this sub-sub
69 subparagraph apply to information held by an agency before, on,
70 or after the effective date of the exemption. This sub-sub
71 subparagraph is subject to the Open Government Sunset Review Act
72 in accordance with s. 119.15 and shall stand repealed on October
73 2, 2020, unless reviewed and saved from repeal through
74 reenactment by the Legislature.
75 e. The home addresses, dates of birth, and telephone
76 numbers of general magistrates, special magistrates, judges of
77 compensation claims, administrative law judges of the Division
78 of Administrative Hearings, and child support enforcement
79 hearing officers; the home addresses, telephone numbers, dates
80 of birth, and places of employment of the spouses and children
81 of general magistrates, special magistrates, judges of
82 compensation claims, administrative law judges of the Division
83 of Administrative Hearings, and child support enforcement
84 hearing officers; and the names and locations of schools and day
85 care facilities attended by the children of general magistrates,
86 special magistrates, judges of compensation claims,
87 administrative law judges of the Division of Administrative
88 Hearings, and child support enforcement hearing officers are
89 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
90 Constitution if the general magistrate, special magistrate,
91 judge of compensation claims, administrative law judge of the
92 Division of Administrative Hearings, or child support hearing
93 officer provides a written statement that the general
94 magistrate, special magistrate, judge of compensation claims,
95 administrative law judge of the Division of Administrative
96 Hearings, or child support hearing officer has made reasonable
97 efforts to protect such information from being accessible
98 through other means available to the public.
99 f. The home addresses, telephone numbers, dates of birth,
100 and photographs of current or former human resource, labor
101 relations, or employee relations directors, assistant directors,
102 managers, or assistant managers of any local government agency
103 or water management district whose duties include hiring and
104 firing employees, labor contract negotiation, administration, or
105 other personnel-related duties; the names, home addresses,
106 telephone numbers, dates of birth, and places of employment of
107 the spouses and children of such personnel; and the names and
108 locations of schools and day care facilities attended by the
109 children of such personnel are exempt from s. 119.07(1) and s.
110 24(a), Art. I of the State Constitution.
111 g. The home addresses, telephone numbers, dates of birth,
112 and photographs of current or former code enforcement officers;
113 the names, home addresses, telephone numbers, dates of birth,
114 and places of employment of the spouses and children of such
115 personnel; and the names and locations of schools and day care
116 facilities attended by the children of such personnel are exempt
117 from s. 119.07(1) and s. 24(a), Art. I of the State
118 Constitution.
119 h. The home addresses, telephone numbers, places of
120 employment, dates of birth, and photographs of current or former
121 guardians ad litem, as defined in s. 39.820; the names, home
122 addresses, telephone numbers, dates of birth, and places of
123 employment of the spouses and children of such persons; and the
124 names and locations of schools and day care facilities attended
125 by the children of such persons are exempt from s. 119.07(1) and
126 s. 24(a), Art. I of the State Constitution, if the guardian ad
127 litem provides a written statement that the guardian ad litem
128 has made reasonable efforts to protect such information from
129 being accessible through other means available to the public.
130 i. The home addresses, telephone numbers, dates of birth,
131 and photographs of current or former juvenile probation
132 officers, juvenile probation supervisors, detention
133 superintendents, assistant detention superintendents, juvenile
134 justice detention officers I and II, juvenile justice detention
135 officer supervisors, juvenile justice residential officers,
136 juvenile justice residential officer supervisors I and II,
137 juvenile justice counselors, juvenile justice counselor
138 supervisors, human services counselor administrators, senior
139 human services counselor administrators, rehabilitation
140 therapists, and social services counselors of the Department of
141 Juvenile Justice; the names, home addresses, telephone numbers,
142 dates of birth, and places of employment of spouses and children
143 of such personnel; and the names and locations of schools and
144 day care facilities attended by the children of such personnel
145 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
146 Constitution.
147 j.(I) The home addresses, telephone numbers, dates of
148 birth, and photographs of current or former public defenders,
149 assistant public defenders, criminal conflict and civil regional
150 counsel, and assistant criminal conflict and civil regional
151 counsel, capital collateral regional counsel, and assistant
152 capital collateral regional counsel; the home addresses,
153 telephone numbers, dates of birth, and places of employment of
154 the spouses and children of such defenders or counsel; and the
155 names and locations of schools and day care facilities attended
156 by the children of such defenders or counsel are exempt from s.
157 119.07(1) and s. 24(a), Art. I of the State Constitution.
158 (II) The names of the spouses and children of the specified
159 agency personnel identified in sub-sub-subparagraph (I) are
160 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
161 Constitution. This sub-sub-subparagraph is subject to the Open
162 Government Sunset Review Act in accordance with s. 119.15 and
163 shall stand repealed on October 2, 2019, unless reviewed and
164 saved from repeal through reenactment by the Legislature.
165 (III) Residential addresses, personal e-mail addresses,
166 license plate numbers, and banking and financial information of
167 current or former public defenders, assistant public defenders,
168 criminal conflict and civil regional counsel, assistant criminal
169 conflict and civil regional counsel, capital collateral regional
170 counsel, and assistant capital collateral regional counsel, and
171 the home addresses, telephone numbers, photographs, dates of
172 birth, and places of employment of the parents, siblings, and
173 cohabitants of current or former public defenders, assistant
174 public defenders, criminal conflict and civil regional counsel,
175 assistant criminal conflict and civil regional counsel, capital
176 collateral regional counsel, and assistant capital collateral
177 regional counsel are exempt from s. 24(a), Art. I of the State
178 Constitution. The exemptions in this sub-sub-subparagraph apply
179 to information held by an agency before, on, or after the
180 effective date of the exemption. This sub-sub-subparagraph is
181 subject to the Open Government Sunset Review Act in accordance
182 with s. 119.15 and shall stand repealed on October 2, 2020,
183 unless reviewed and saved from repeal through reenactment by the
184 Legislature.
185 k. The home addresses, telephone numbers, and photographs
186 of current or former investigators or inspectors of the
187 Department of Business and Professional Regulation; the names,
188 home addresses, telephone numbers, and places of employment of
189 the spouses and children of such current or former investigators
190 and inspectors; and the names and locations of schools and day
191 care facilities attended by the children of such current or
192 former investigators and inspectors are exempt from s. 119.07(1)
193 and s. 24(a), Art. I of the State Constitution if the
194 investigator or inspector has made reasonable efforts to protect
195 such information from being accessible through other means
196 available to the public. This sub-subparagraph is subject to the
197 Open Government Sunset Review Act in accordance with s. 119.15
198 and shall stand repealed on October 2, 2017, unless reviewed and
199 saved from repeal through reenactment by the Legislature.
200 l. The home addresses and telephone numbers of county tax
201 collectors; the names, home addresses, telephone numbers, and
202 places of employment of the spouses and children of such tax
203 collectors; and the names and locations of schools and day care
204 facilities attended by the children of such tax collectors are
205 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
206 Constitution if the county tax collector has made reasonable
207 efforts to protect such information from being accessible
208 through other means available to the public. This sub
209 subparagraph is subject to the Open Government Sunset Review Act
210 in accordance with s. 119.15 and shall stand repealed on October
211 2, 2017, unless reviewed and saved from repeal through
212 reenactment by the Legislature.
213 m. The home addresses, telephone numbers, dates of birth,
214 and photographs of current or former personnel of the Department
215 of Health whose duties include, or result in, the determination
216 or adjudication of eligibility for social security disability
217 benefits, the investigation or prosecution of complaints filed
218 against health care practitioners, or the inspection of health
219 care practitioners or health care facilities licensed by the
220 Department of Health; the names, home addresses, telephone
221 numbers, dates of birth, and places of employment of the spouses
222 and children of such personnel; and the names and locations of
223 schools and day care facilities attended by the children of such
224 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
225 the State Constitution if the personnel have made reasonable
226 efforts to protect such information from being accessible
227 through other means available to the public. This sub
228 subparagraph is subject to the Open Government Sunset Review Act
229 in accordance with s. 119.15 and shall stand repealed on October
230 2, 2019, unless reviewed and saved from repeal through
231 reenactment by the Legislature.
232 3. An agency that is the custodian of the information
233 specified in subparagraph 2. and that is not the employer of the
234 officer, employee, justice, judge, or other person specified in
235 subparagraph 2. shall maintain the exempt status of that
236 information only if the officer, employee, justice, judge, other
237 person, or employing agency of the designated employee submits a
238 written request for maintenance of the exemption to the
239 custodial agency.
240 4. The exemptions in this paragraph apply to information
241 held by an agency before, on, or after the effective date of the
242 exemption.
243 5. Except as otherwise expressly provided in this
244 paragraph, this paragraph is subject to the Open Government
245 Sunset Review Act in accordance with s. 119.15, and shall stand
246 repealed on October 2, 2017, unless reviewed and saved from
247 repeal through reenactment by the Legislature.
248 Section 2. (1) The Legislature finds that it is a public
249 necessity that the home addresses, telephone numbers, dates of
250 birth, and photographs of current or former capital collateral
251 regional counsel and assistant capital collateral regional
252 counsel be exempt from s. 119.07(1) and s. 24(a), Art. I of the
253 State Constitution. The Legislature finds that current or former
254 capital collateral regional counsel and assistant capital
255 collateral regional counsel are entitled to the same protections
256 that are afforded to public defenders, assistant public
257 defenders, criminal conflict and civil regional counsel, and
258 assistant criminal conflict and civil regional counsel. The
259 public disclosure of the information places current or former
260 capital collateral regional counsel and assistant capital
261 collateral regional counsel in danger of physical and emotional
262 harm from disgruntled individuals who have contentious reactions
263 to actions carried out by such counsel.
264 (2) The Legislature also finds that it is a public
265 necessity that the residential addresses, personal e-mail
266 addresses, license plate numbers, and banking and financial
267 information of active or former sworn or civilian law
268 enforcement personnel, including correctional and correctional
269 probation officers, personnel of the Department of Children and
270 Families whose duties include the investigation of abuse,
271 neglect, exploitation, fraud, theft, or other criminal
272 activities, personnel of the Department of Health whose duties
273 are to support the investigation of child abuse or neglect,
274 personnel of the Department of Revenue or local governments
275 whose responsibilities include revenue collection and
276 enforcement or child support enforcement, current or former
277 state attorneys, assistant state attorneys, statewide
278 prosecutors, assistant statewide prosecutors, public defenders,
279 assistant public defenders, criminal conflict and civil regional
280 counsel, assistant criminal conflict and civil regional counsel,
281 capital collateral regional counsel, and assistant capital
282 collateral regional counsel be made exempt from s. 119.07(1),
283 Florida Statutes, and s. 24(a), Article I of the State
284 Constitution. The Legislature further finds that it is a public
285 necessity that the home addresses, telephone numbers,
286 photographs, dates of birth, and places of employment of the
287 parents, siblings, and cohabitants of such persons be made
288 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
289 Article I of the State Constitution. The Legislature finds that
290 the release of such identifying and location information places
291 the person, or a parent, sibling, or cohabitant of the person,
292 in danger of being physically and emotionally harmed or being
293 stalked by a defendant or other person. The Legislature finds
294 that the harm that may result from the release of such
295 identifying and location information outweighs any public
296 benefit that may be derived from the disclosure of the
297 information.
298
299 ================= T I T L E A M E N D M E N T ================
300 And the title is amended as follows:
301 Delete line 14
302 and insert:
303 their parents, siblings, or cohabitants; providing for
304 retroactive application; providing for