Florida Senate - 2015                                    SB 1324
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-01101B-15                                          20151324__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing exemptions from public
    4         records requirements for certain information related
    5         to active or former sworn or civilian law enforcement
    6         personnel and specified agency personnel, current and
    7         former state attorneys, assistant state attorneys,
    8         statewide prosecutors, and assistant statewide
    9         prosecutors, and their parents, siblings, or
   10         cohabitants; providing for future legislative review
   11         and repeal of the exemptions; providing a statement of
   12         public necessity; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (4) of section
   17  119.071, Florida Statutes, is amended to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (4) AGENCY PERSONNEL INFORMATION.—
   21         (d)1. For purposes of this paragraph, the term “telephone
   22  numbers” includes home telephone numbers, personal cellular
   23  telephone numbers, personal pager telephone numbers, and
   24  telephone numbers associated with personal communications
   25  devices.
   26         2.a.(I) The home addresses, telephone numbers, social
   27  security numbers, dates of birth, and photographs of active or
   28  former sworn or civilian law enforcement personnel, including
   29  correctional and correctional probation officers, personnel of
   30  the Department of Children and Families whose duties include the
   31  investigation of abuse, neglect, exploitation, fraud, theft, or
   32  other criminal activities, personnel of the Department of Health
   33  whose duties are to support the investigation of child abuse or
   34  neglect, and personnel of the Department of Revenue or local
   35  governments whose responsibilities include revenue collection
   36  and enforcement or child support enforcement; the home
   37  addresses, telephone numbers, social security numbers,
   38  photographs, dates of birth, and places of employment of the
   39  spouses and children of such personnel; and the names and
   40  locations of schools and day care facilities attended by the
   41  children of such personnel are exempt from s. 119.07(1).
   42         (II) The names of the spouses and children of active or
   43  former sworn or civilian law enforcement personnel and the other
   44  specified agency personnel identified in sub-sub-subparagraph
   45  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   46  State Constitution.
   47         (III) Sub-sub-subparagraph (II) is subject to the Open
   48  Government Sunset Review Act in accordance with s. 119.15, and
   49  shall stand repealed on October 2, 2018, unless reviewed and
   50  saved from repeal through reenactment by the Legislature.
   51         (IV) Residential addresses, including former residences and
   52  residences in which the person frequently resides other than the
   53  person’s home address, e-mail addresses, driver license numbers,
   54  license plate numbers, banking and financial information, and
   55  information identifying former places of employment of active or
   56  former sworn or civilian law enforcement personnel and the other
   57  specified agency personnel identified in sub-sub-subparagraph
   58  (I) and the home addresses, telephone numbers, social security
   59  numbers, photographs, dates of birth, and places of employment
   60  of the parents, siblings, and cohabitants of active or former
   61  sworn or civilian law enforcement personnel and the other
   62  specified agency personnel identified in sub-sub-subparagraph
   63  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   64  State Constitution. This sub-sub-subparagraph is subject to the
   65  Open Government Sunset Review Act in accordance with s. 119.15
   66  and shall stand repealed on October 2, 2020, unless reviewed and
   67  saved from repeal through reenactment by the Legislature.
   68         b. The home addresses, telephone numbers, dates of birth,
   69  and photographs of firefighters certified in compliance with s.
   70  633.408; the home addresses, telephone numbers, photographs,
   71  dates of birth, and places of employment of the spouses and
   72  children of such firefighters; and the names and locations of
   73  schools and day care facilities attended by the children of such
   74  firefighters are exempt from s. 119.07(1).
   75         c. The home addresses, dates of birth, and telephone
   76  numbers of current or former justices of the Supreme Court,
   77  district court of appeal judges, circuit court judges, and
   78  county court judges; the home addresses, telephone numbers,
   79  dates of birth, and places of employment of the spouses and
   80  children of current or former justices and judges; and the names
   81  and locations of schools and day care facilities attended by the
   82  children of current or former justices and judges are exempt
   83  from s. 119.07(1).
   84         d.(I) The home addresses, telephone numbers, social
   85  security numbers, dates of birth, and photographs of current or
   86  former state attorneys, assistant state attorneys, statewide
   87  prosecutors, or assistant statewide prosecutors; the home
   88  addresses, telephone numbers, social security numbers,
   89  photographs, dates of birth, and places of employment of the
   90  spouses and children of current or former state attorneys,
   91  assistant state attorneys, statewide prosecutors, or assistant
   92  statewide prosecutors; and the names and locations of schools
   93  and day care facilities attended by the children of current or
   94  former state attorneys, assistant state attorneys, statewide
   95  prosecutors, or assistant statewide prosecutors are exempt from
   96  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   97         (II) The names of the spouses and children of current or
   98  former state attorneys, assistant state attorneys, statewide
   99  prosecutors, or assistant statewide prosecutors are exempt from
  100  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  101         (III) Sub-sub-subparagraph (II) is subject to the Open
  102  Government Sunset Review Act in accordance with s. 119.15, and
  103  shall stand repealed on October 2, 2018, unless reviewed and
  104  saved from repeal through reenactment by the Legislature.
  105         (IV) Residential addresses, including former residences and
  106  residences in which the person frequently resides other than the
  107  person’s home address, e-mail addresses, driver license numbers,
  108  license plate numbers, banking and financial information, and
  109  information identifying former places of employment of current
  110  or former state attorneys, assistant state attorneys, statewide
  111  prosecutors, or assistant statewide prosecutors and the home
  112  addresses, telephone numbers, social security numbers,
  113  photographs, dates of birth, and places of employment of the
  114  parents, siblings, and cohabitants of current or former state
  115  attorneys, assistant state attorneys, statewide prosecutors, or
  116  assistant statewide prosecutors are exempt from s. 119.07(1) and
  117  s. 24(a), Art. I of the State Constitution. This sub-sub
  118  subparagraph is subject to the Open Government Sunset Review Act
  119  in accordance with s. 119.15 and shall stand repealed on October
  120  2, 2020, unless reviewed and saved from repeal through
  121  reenactment by the Legislature.
  122         e. The home addresses, dates of birth, and telephone
  123  numbers of general magistrates, special magistrates, judges of
  124  compensation claims, administrative law judges of the Division
  125  of Administrative Hearings, and child support enforcement
  126  hearing officers; the home addresses, telephone numbers, dates
  127  of birth, and places of employment of the spouses and children
  128  of general magistrates, special magistrates, judges of
  129  compensation claims, administrative law judges of the Division
  130  of Administrative Hearings, and child support enforcement
  131  hearing officers; and the names and locations of schools and day
  132  care facilities attended by the children of general magistrates,
  133  special magistrates, judges of compensation claims,
  134  administrative law judges of the Division of Administrative
  135  Hearings, and child support enforcement hearing officers are
  136  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  137  Constitution if the general magistrate, special magistrate,
  138  judge of compensation claims, administrative law judge of the
  139  Division of Administrative Hearings, or child support hearing
  140  officer provides a written statement that the general
  141  magistrate, special magistrate, judge of compensation claims,
  142  administrative law judge of the Division of Administrative
  143  Hearings, or child support hearing officer has made reasonable
  144  efforts to protect such information from being accessible
  145  through other means available to the public.
  146         f. The home addresses, telephone numbers, dates of birth,
  147  and photographs of current or former human resource, labor
  148  relations, or employee relations directors, assistant directors,
  149  managers, or assistant managers of any local government agency
  150  or water management district whose duties include hiring and
  151  firing employees, labor contract negotiation, administration, or
  152  other personnel-related duties; the names, home addresses,
  153  telephone numbers, dates of birth, and places of employment of
  154  the spouses and children of such personnel; and the names and
  155  locations of schools and day care facilities attended by the
  156  children of such personnel are exempt from s. 119.07(1) and s.
  157  24(a), Art. I of the State Constitution.
  158         g. The home addresses, telephone numbers, dates of birth,
  159  and photographs of current or former code enforcement officers;
  160  the names, home addresses, telephone numbers, dates of birth,
  161  and places of employment of the spouses and children of such
  162  personnel; and the names and locations of schools and day care
  163  facilities attended by the children of such personnel are exempt
  164  from s. 119.07(1) and s. 24(a), Art. I of the State
  165  Constitution.
  166         h. The home addresses, telephone numbers, places of
  167  employment, dates of birth, and photographs of current or former
  168  guardians ad litem, as defined in s. 39.820; the names, home
  169  addresses, telephone numbers, dates of birth, and places of
  170  employment of the spouses and children of such persons; and the
  171  names and locations of schools and day care facilities attended
  172  by the children of such persons are exempt from s. 119.07(1) and
  173  s. 24(a), Art. I of the State Constitution, if the guardian ad
  174  litem provides a written statement that the guardian ad litem
  175  has made reasonable efforts to protect such information from
  176  being accessible through other means available to the public.
  177         i. The home addresses, telephone numbers, dates of birth,
  178  and photographs of current or former juvenile probation
  179  officers, juvenile probation supervisors, detention
  180  superintendents, assistant detention superintendents, juvenile
  181  justice detention officers I and II, juvenile justice detention
  182  officer supervisors, juvenile justice residential officers,
  183  juvenile justice residential officer supervisors I and II,
  184  juvenile justice counselors, juvenile justice counselor
  185  supervisors, human services counselor administrators, senior
  186  human services counselor administrators, rehabilitation
  187  therapists, and social services counselors of the Department of
  188  Juvenile Justice; the names, home addresses, telephone numbers,
  189  dates of birth, and places of employment of spouses and children
  190  of such personnel; and the names and locations of schools and
  191  day care facilities attended by the children of such personnel
  192  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  193  Constitution.
  194         j.(I) The home addresses, telephone numbers, dates of
  195  birth, and photographs of current or former public defenders,
  196  assistant public defenders, criminal conflict and civil regional
  197  counsel, and assistant criminal conflict and civil regional
  198  counsel; the home addresses, telephone numbers, dates of birth,
  199  and places of employment of the spouses and children of such
  200  defenders or counsel; and the names and locations of schools and
  201  day care facilities attended by the children of such defenders
  202  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  203  the State Constitution.
  204         (II) The names of the spouses and children of the specified
  205  agency personnel identified in sub-sub-subparagraph (I) are
  206  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  207  Constitution. This sub-sub-subparagraph is subject to the Open
  208  Government Sunset Review Act in accordance with s. 119.15 and
  209  shall stand repealed on October 2, 2019, unless reviewed and
  210  saved from repeal through reenactment by the Legislature.
  211         k. The home addresses, telephone numbers, and photographs
  212  of current or former investigators or inspectors of the
  213  Department of Business and Professional Regulation; the names,
  214  home addresses, telephone numbers, and places of employment of
  215  the spouses and children of such current or former investigators
  216  and inspectors; and the names and locations of schools and day
  217  care facilities attended by the children of such current or
  218  former investigators and inspectors are exempt from s. 119.07(1)
  219  and s. 24(a), Art. I of the State Constitution if the
  220  investigator or inspector has made reasonable efforts to protect
  221  such information from being accessible through other means
  222  available to the public. This sub-subparagraph is subject to the
  223  Open Government Sunset Review Act in accordance with s. 119.15
  224  and shall stand repealed on October 2, 2017, unless reviewed and
  225  saved from repeal through reenactment by the Legislature.
  226         l. The home addresses and telephone numbers of county tax
  227  collectors; the names, home addresses, telephone numbers, and
  228  places of employment of the spouses and children of such tax
  229  collectors; and the names and locations of schools and day care
  230  facilities attended by the children of such tax collectors are
  231  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  232  Constitution if the county tax collector has made reasonable
  233  efforts to protect such information from being accessible
  234  through other means available to the public. This sub
  235  subparagraph is subject to the Open Government Sunset Review Act
  236  in accordance with s. 119.15 and shall stand repealed on October
  237  2, 2017, unless reviewed and saved from repeal through
  238  reenactment by the Legislature.
  239         m. The home addresses, telephone numbers, dates of birth,
  240  and photographs of current or former personnel of the Department
  241  of Health whose duties include, or result in, the determination
  242  or adjudication of eligibility for social security disability
  243  benefits, the investigation or prosecution of complaints filed
  244  against health care practitioners, or the inspection of health
  245  care practitioners or health care facilities licensed by the
  246  Department of Health; the names, home addresses, telephone
  247  numbers, dates of birth, and places of employment of the spouses
  248  and children of such personnel; and the names and locations of
  249  schools and day care facilities attended by the children of such
  250  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  251  the State Constitution if the personnel have made reasonable
  252  efforts to protect such information from being accessible
  253  through other means available to the public. This sub
  254  subparagraph is subject to the Open Government Sunset Review Act
  255  in accordance with s. 119.15 and shall stand repealed on October
  256  2, 2019, unless reviewed and saved from repeal through
  257  reenactment by the Legislature.
  258         3. An agency that is the custodian of the information
  259  specified in subparagraph 2. and that is not the employer of the
  260  officer, employee, justice, judge, or other person specified in
  261  subparagraph 2. shall maintain the exempt status of that
  262  information only if the officer, employee, justice, judge, other
  263  person, or employing agency of the designated employee submits a
  264  written request for maintenance of the exemption to the
  265  custodial agency.
  266         4. The exemptions in this paragraph apply to information
  267  held by an agency before, on, or after the effective date of the
  268  exemption.
  269         5. Except as otherwise expressly provided in this
  270  paragraph, this paragraph is subject to the Open Government
  271  Sunset Review Act in accordance with s. 119.15, and shall stand
  272  repealed on October 2, 2017, unless reviewed and saved from
  273  repeal through reenactment by the Legislature.
  274         Section 2. The Legislature finds that it is a public
  275  necessity that the residential addresses, e-mail addresses,
  276  driver license numbers, license plate numbers, banking and
  277  financial information, and former places of employment of active
  278  or former sworn or civilian law enforcement personnel, including
  279  correctional and correctional probation officers, personnel of
  280  the Department of Children and Families whose duties include the
  281  investigation of abuse, neglect, exploitation, fraud, theft, or
  282  other criminal activities, personnel of the Department of Health
  283  whose duties are to support the investigation of child abuse or
  284  neglect, personnel of the Department of Revenue or local
  285  governments whose responsibilities include revenue collection
  286  and enforcement or child support enforcement, current or former
  287  state attorneys, assistant state attorneys, statewide
  288  prosecutors, and assistant statewide prosecutors be made exempt
  289  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  290  the State Constitution. The Legislature further finds that it is
  291  a public necessity that the home addresses, telephone numbers,
  292  social security numbers, photographs, dates of birth, and places
  293  of employment of the parents, siblings, and cohabitants of such
  294  persons be made exempt from s. 119.07(1), Florida Statutes, and
  295  s. 24(a), Article I of the State Constitution. The Legislature
  296  finds that the release of such identifying and location
  297  information could place the person, or a parent, sibling, or
  298  cohabitant of the person, in danger of being physically and
  299  emotionally harmed or being stalked by a defendant or other
  300  person. The Legislature finds that the harm that may result from
  301  the release of such identifying and location information
  302  outweighs any public benefit that may be derived from the
  303  disclosure of the information.
  304         Section 3. This act shall take effect July 1, 2015.