Florida Senate - 2015 CS for CS for SB 1324
By the Committees on Governmental Oversight and Accountability;
and Criminal Justice; and Senator Latvala
585-03643-15 20151324c2
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, assistant statewide
9 prosecutors, public defenders, assistant public
10 defenders, criminal conflict and civil regional
11 counsel, assistant criminal conflict and civil
12 regional counsel, capital collateral regional counsel,
13 and assistant capital collateral regional counsel and
14 their parents, siblings, or cohabitants; providing for
15 retroactive application; providing for future
16 legislative review and repeal of the exemptions;
17 providing a statement of public necessity; providing
18 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. For purposes of this paragraph, the term “telephone
28 numbers” includes home telephone numbers, personal cellular
29 telephone numbers, personal pager telephone numbers, and
30 telephone numbers associated with personal communications
31 devices.
32 2.a.(I) The home addresses, telephone numbers, social
33 security numbers, dates of birth, and photographs of active or
34 former sworn or civilian law enforcement personnel, including
35 correctional and correctional probation officers, personnel of
36 the Department of Children and Families whose duties include the
37 investigation of abuse, neglect, exploitation, fraud, theft, or
38 other criminal activities, personnel of the Department of Health
39 whose duties are to support the investigation of child abuse or
40 neglect, and personnel of the Department of Revenue or local
41 governments whose responsibilities include revenue collection
42 and enforcement or child support enforcement; the home
43 addresses, telephone numbers, social security numbers,
44 photographs, dates of birth, and places of employment of the
45 spouses and children of such personnel; and the names and
46 locations of schools and day care facilities attended by the
47 children of such personnel are exempt from s. 119.07(1).
48 (II) The names of the spouses and children of active or
49 former sworn or civilian law enforcement personnel and the other
50 specified agency personnel identified in sub-sub-subparagraph
51 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
52 State Constitution.
53 (III) Sub-sub-subparagraph (II) is subject to the Open
54 Government Sunset Review Act in accordance with s. 119.15, and
55 shall stand repealed on October 2, 2018, unless reviewed and
56 saved from repeal through reenactment by the Legislature.
57 (IV) Residential addresses, personal e-mail addresses,
58 license plate numbers, and banking and financial information of
59 active or former sworn or civilian law enforcement personnel and
60 the other specified agency personnel identified in sub-sub
61 subparagraph (I) and the home addresses, telephone numbers,
62 photographs, dates of birth, and places of employment of the
63 parents, siblings, and cohabitants of active or former sworn or
64 civilian law enforcement personnel and the other specified
65 agency personnel identified in sub-sub-subparagraph (I) are
66 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
67 Constitution. The exemptions in this sub-sub-subparagraph apply
68 to information held by an agency before, on, or after the
69 effective date of the exemption. This sub-sub-subparagraph is
70 subject to the Open Government Sunset Review Act in accordance
71 with s. 119.15 and shall stand repealed on October 2, 2020,
72 unless reviewed and saved from repeal through reenactment by the
73 Legislature.
74 b. The home addresses, telephone numbers, dates of birth,
75 and photographs of firefighters certified in compliance with s.
76 633.408; the home addresses, telephone numbers, photographs,
77 dates of birth, and places of employment of the spouses and
78 children of such firefighters; and the names and locations of
79 schools and day care facilities attended by the children of such
80 firefighters are exempt from s. 119.07(1).
81 c. The home addresses, dates of birth, and telephone
82 numbers of current or former justices of the Supreme Court,
83 district court of appeal judges, circuit court judges, and
84 county court judges; the home addresses, telephone numbers,
85 dates of birth, and places of employment of the spouses and
86 children of current or former justices and judges; and the names
87 and locations of schools and day care facilities attended by the
88 children of current or former justices and judges are exempt
89 from s. 119.07(1).
90 d.(I) The home addresses, telephone numbers, social
91 security numbers, dates of birth, and photographs of current or
92 former state attorneys, assistant state attorneys, statewide
93 prosecutors, or assistant statewide prosecutors; the home
94 addresses, telephone numbers, social security numbers,
95 photographs, dates of birth, and places of employment of the
96 spouses and children of current or former state attorneys,
97 assistant state attorneys, statewide prosecutors, or assistant
98 statewide prosecutors; and the names and locations of schools
99 and day care facilities attended by the children of current or
100 former state attorneys, assistant state attorneys, statewide
101 prosecutors, or assistant statewide prosecutors are exempt from
102 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
103 (II) The names of the spouses and children of current or
104 former state attorneys, assistant state attorneys, statewide
105 prosecutors, or assistant statewide prosecutors are exempt from
106 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
107 (III) Sub-sub-subparagraph (II) is subject to the Open
108 Government Sunset Review Act in accordance with s. 119.15, and
109 shall stand repealed on October 2, 2018, unless reviewed and
110 saved from repeal through reenactment by the Legislature.
111 (IV) Residential addresses, personal e-mail addresses,
112 license plate numbers, and banking and financial information of
113 current or former state attorneys, assistant state attorneys,
114 statewide prosecutors, or assistant statewide prosecutors and
115 the home addresses, telephone numbers, photographs, dates of
116 birth, and places of employment of the parents, siblings, and
117 cohabitants of current or former state attorneys, assistant
118 state attorneys, statewide prosecutors, or assistant statewide
119 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
120 the State Constitution. The exemptions in this sub-sub
121 subparagraph apply to information held by an agency before, on,
122 or after the effective date of the exemption. This sub-sub
123 subparagraph is subject to the Open Government Sunset Review Act
124 in accordance with s. 119.15 and shall stand repealed on October
125 2, 2020, unless reviewed and saved from repeal through
126 reenactment by the Legislature.
127 e. The home addresses, dates of birth, and telephone
128 numbers 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; the home addresses, telephone numbers, dates
132 of birth, and places of employment of the spouses and children
133 of general magistrates, special magistrates, judges of
134 compensation claims, administrative law judges of the Division
135 of Administrative Hearings, and child support enforcement
136 hearing officers; and the names and locations of schools and day
137 care facilities attended by the children of general magistrates,
138 special magistrates, judges of compensation claims,
139 administrative law judges of the Division of Administrative
140 Hearings, and child support enforcement hearing officers are
141 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
142 Constitution if the general magistrate, special magistrate,
143 judge of compensation claims, administrative law judge of the
144 Division of Administrative Hearings, or child support hearing
145 officer provides a written statement that the general
146 magistrate, special magistrate, judge of compensation claims,
147 administrative law judge of the Division of Administrative
148 Hearings, or child support hearing officer has made reasonable
149 efforts to protect such information from being accessible
150 through other means available to the public.
151 f. The home addresses, telephone numbers, dates of birth,
152 and photographs of current or former human resource, labor
153 relations, or employee relations directors, assistant directors,
154 managers, or assistant managers of any local government agency
155 or water management district whose duties include hiring and
156 firing employees, labor contract negotiation, administration, or
157 other personnel-related duties; the names, home addresses,
158 telephone numbers, dates of birth, and places of employment of
159 the spouses and children of such personnel; and the names and
160 locations of schools and day care facilities attended by the
161 children of such personnel are exempt from s. 119.07(1) and s.
162 24(a), Art. I of the State Constitution.
163 g. The home addresses, telephone numbers, dates of birth,
164 and photographs of current or former code enforcement officers;
165 the names, home addresses, telephone numbers, dates of birth,
166 and places of employment of the spouses and children of such
167 personnel; and the names and locations of schools and day care
168 facilities attended by the children of such personnel are exempt
169 from s. 119.07(1) and s. 24(a), Art. I of the State
170 Constitution.
171 h. The home addresses, telephone numbers, places of
172 employment, dates of birth, and photographs of current or former
173 guardians ad litem, as defined in s. 39.820; the names, home
174 addresses, telephone numbers, dates of birth, and places of
175 employment of the spouses and children of such persons; and the
176 names and locations of schools and day care facilities attended
177 by the children of such persons are exempt from s. 119.07(1) and
178 s. 24(a), Art. I of the State Constitution, if the guardian ad
179 litem provides a written statement that the guardian ad litem
180 has made reasonable efforts to protect such information from
181 being accessible through other means available to the public.
182 i. The home addresses, telephone numbers, dates of birth,
183 and photographs of current or former juvenile probation
184 officers, juvenile probation supervisors, detention
185 superintendents, assistant detention superintendents, juvenile
186 justice detention officers I and II, juvenile justice detention
187 officer supervisors, juvenile justice residential officers,
188 juvenile justice residential officer supervisors I and II,
189 juvenile justice counselors, juvenile justice counselor
190 supervisors, human services counselor administrators, senior
191 human services counselor administrators, rehabilitation
192 therapists, and social services counselors of the Department of
193 Juvenile Justice; the names, home addresses, telephone numbers,
194 dates of birth, and places of employment of spouses and children
195 of such personnel; and the names and locations of schools and
196 day care facilities attended by the children of such personnel
197 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
198 Constitution.
199 j.(I) The home addresses, telephone numbers, dates of
200 birth, and photographs of current or former public defenders,
201 assistant public defenders, criminal conflict and civil regional
202 counsel, and assistant criminal conflict and civil regional
203 counsel, capital collateral regional counsel, and assistant
204 capital collateral regional counsel; the home addresses,
205 telephone numbers, dates of birth, and places of employment of
206 the spouses and children of such defenders or counsel; and the
207 names and locations of schools and day care facilities attended
208 by the children of such defenders or counsel are exempt from s.
209 119.07(1) and s. 24(a), Art. I of the State Constitution. This
210 sub-sub-subparagraph is subject to the Open Government Sunset
211 Review Act in accordance with s. 119.15 and shall stand repealed
212 on October 2, 2020, unless reviewed and saved from repeal
213 through reenactment by the Legislature.
214 (II) The names of the spouses and children of the specified
215 agency personnel identified in sub-sub-subparagraph (I) are
216 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
217 Constitution. This sub-sub-subparagraph is subject to the Open
218 Government Sunset Review Act in accordance with s. 119.15 and
219 shall stand repealed on October 2, 2019, unless reviewed and
220 saved from repeal through reenactment by the Legislature.
221 (III) Residential addresses, personal e-mail addresses,
222 license plate numbers, and banking and financial information of
223 current or former public defenders, assistant public defenders,
224 criminal conflict and civil regional counsel, assistant criminal
225 conflict and civil regional counsel, capital collateral regional
226 counsel, and assistant capital collateral regional counsel, and
227 the home addresses, telephone numbers, photographs, dates of
228 birth, and places of employment of the parents, siblings, and
229 cohabitants of current or former public defenders, assistant
230 public defenders, criminal conflict and civil regional counsel,
231 assistant criminal conflict and civil regional counsel, capital
232 collateral regional counsel, and assistant capital collateral
233 regional counsel are exempt from s. 119.07(1) and s. 24(a), Art.
234 I of the State Constitution. The exemptions in this sub-sub
235 subparagraph apply to information held by an agency before, on,
236 or after the effective date of the exemption. This sub-sub
237 subparagraph is subject to the Open Government Sunset Review Act
238 in accordance with s. 119.15 and shall stand repealed on October
239 2, 2020, unless reviewed and saved from repeal through
240 reenactment by the Legislature.
241 k. The home addresses, telephone numbers, and photographs
242 of current or former investigators or inspectors of the
243 Department of Business and Professional Regulation; the names,
244 home addresses, telephone numbers, and places of employment of
245 the spouses and children of such current or former investigators
246 and inspectors; and the names and locations of schools and day
247 care facilities attended by the children of such current or
248 former investigators and inspectors are exempt from s. 119.07(1)
249 and s. 24(a), Art. I of the State Constitution if the
250 investigator or inspector has made reasonable efforts to protect
251 such information from being accessible through other means
252 available to the public. This sub-subparagraph is subject to the
253 Open Government Sunset Review Act in accordance with s. 119.15
254 and shall stand repealed on October 2, 2017, unless reviewed and
255 saved from repeal through reenactment by the Legislature.
256 l. The home addresses and telephone numbers of county tax
257 collectors; the names, home addresses, telephone numbers, and
258 places of employment of the spouses and children of such tax
259 collectors; and the names and locations of schools and day care
260 facilities attended by the children of such tax collectors are
261 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
262 Constitution if the county tax collector has made reasonable
263 efforts to protect such information from being accessible
264 through other means available to the public. This sub
265 subparagraph is subject to the Open Government Sunset Review Act
266 in accordance with s. 119.15 and shall stand repealed on October
267 2, 2017, unless reviewed and saved from repeal through
268 reenactment by the Legislature.
269 m. The home addresses, telephone numbers, dates of birth,
270 and photographs of current or former personnel of the Department
271 of Health whose duties include, or result in, the determination
272 or adjudication of eligibility for social security disability
273 benefits, the investigation or prosecution of complaints filed
274 against health care practitioners, or the inspection of health
275 care practitioners or health care facilities licensed by the
276 Department of Health; the names, home addresses, telephone
277 numbers, dates of birth, and places of employment of the spouses
278 and children of such personnel; and the names and locations of
279 schools and day care facilities attended by the children of such
280 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
281 the State Constitution if the personnel have made reasonable
282 efforts to protect such information from being accessible
283 through other means available to the public. This sub
284 subparagraph is subject to the Open Government Sunset Review Act
285 in accordance with s. 119.15 and shall stand repealed on October
286 2, 2019, unless reviewed and saved from repeal through
287 reenactment by the Legislature.
288 3. An agency that is the custodian of the information
289 specified in subparagraph 2. and that is not the employer of the
290 officer, employee, justice, judge, or other person specified in
291 subparagraph 2. shall maintain the exempt status of that
292 information only if the officer, employee, justice, judge, other
293 person, or employing agency of the designated employee submits a
294 written request for maintenance of the exemption to the
295 custodial agency.
296 4. The exemptions in this paragraph apply to information
297 held by an agency before, on, or after the effective date of the
298 exemption.
299 5. Except as otherwise expressly provided in this
300 paragraph, this paragraph is subject to the Open Government
301 Sunset Review Act in accordance with s. 119.15, and shall stand
302 repealed on October 2, 2017, unless reviewed and saved from
303 repeal through reenactment by the Legislature.
304 Section 2. (1) The Legislature finds that it is a public
305 necessity that the home addresses, telephone numbers, dates of
306 birth, and photographs of current or former capital collateral
307 regional counsel and assistant capital collateral regional
308 counsel be exempt from s. 119.07(1), Florida Statutes, and s.
309 24(a), Article I of the State Constitution. The Legislature
310 finds that current or former capital collateral regional counsel
311 and assistant capital collateral regional counsel are entitled
312 to the same protections that are afforded to public defenders,
313 assistant public defenders, criminal conflict and civil regional
314 counsel, and assistant criminal conflict and civil regional
315 counsel. The public disclosure of the information places current
316 or former capital collateral regional counsel and assistant
317 capital collateral regional counsel in danger of physical and
318 emotional harm from disgruntled individuals who have contentious
319 reactions to actions carried out by such counsel.
320 (2) The Legislature also finds that it is a public
321 necessity that the residential addresses, personal e-mail
322 addresses, license plate numbers, and banking and financial
323 information of active or former sworn or civilian law
324 enforcement personnel, including correctional and correctional
325 probation officers, personnel of the Department of Children and
326 Families whose duties include the investigation of abuse,
327 neglect, exploitation, fraud, theft, or other criminal
328 activities, personnel of the Department of Health whose duties
329 are to support the investigation of child abuse or neglect,
330 personnel of the Department of Revenue or local governments
331 whose responsibilities include revenue collection and
332 enforcement or child support enforcement, current or former
333 state attorneys, assistant state attorneys, statewide
334 prosecutors, assistant statewide prosecutors, public defenders,
335 assistant public defenders, criminal conflict and civil regional
336 counsel, assistant criminal conflict and civil regional counsel,
337 capital collateral regional counsel, and assistant capital
338 collateral regional counsel be made exempt from s. 119.07(1),
339 Florida Statutes, and s. 24(a), Article I of the State
340 Constitution. The Legislature further finds that it is a public
341 necessity that the home addresses, telephone numbers,
342 photographs, dates of birth, and places of employment of the
343 parents, siblings, and cohabitants of such persons be made
344 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
345 Article I of the State Constitution. The Legislature finds that
346 the release of such identifying and location information places
347 the person, or a parent, sibling, or cohabitant of the person,
348 in danger of being physically and emotionally harmed or being
349 stalked by a defendant or other person. The Legislature finds
350 that the harm that may result from the release of such
351 identifying and location information outweighs any public
352 benefit that may be derived from the disclosure of the
353 information.
354 Section 3. This act shall take effect July 1, 2015.