Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 752
       
       
       
       
       
       
                                Ì174386HÎ174386                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2016           .                                
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       The Committee on Rules (Gibson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (4) of section
    6  119.071, Florida Statutes, is amended to read:
    7         119.071 General exemptions from inspection or copying of
    8  public records.—
    9         (4) AGENCY PERSONNEL INFORMATION.—
   10         (d)1. For purposes of this paragraph, the term “telephone
   11  numbers” includes home telephone numbers, personal cellular
   12  telephone numbers, personal pager telephone numbers, and
   13  telephone numbers associated with personal communications
   14  devices.
   15         2.a.(I) The home addresses, telephone numbers, social
   16  security numbers, dates of birth, and photographs of active or
   17  former sworn or civilian law enforcement personnel, including
   18  correctional and correctional probation officers, personnel of
   19  the Department of Children and Families whose duties include the
   20  investigation of abuse, neglect, exploitation, fraud, theft, or
   21  other criminal activities, personnel of the Department of Health
   22  whose duties are to support the investigation of child abuse or
   23  neglect, and personnel of the Department of Revenue or local
   24  governments whose responsibilities include revenue collection
   25  and enforcement or child support enforcement; the home
   26  addresses, telephone numbers, social security numbers,
   27  photographs, dates of birth, and places of employment of the
   28  spouses and children of such personnel; and the names and
   29  locations of schools and day care facilities attended by the
   30  children of such personnel are exempt from s. 119.07(1).
   31         (II) The names of the spouses and children of active or
   32  former sworn or civilian law enforcement personnel and the other
   33  specified agency personnel identified in sub-sub-subparagraph
   34  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   35  State Constitution.
   36         (III) Sub-sub-subparagraph (II) is subject to the Open
   37  Government Sunset Review Act in accordance with s. 119.15, and
   38  shall stand repealed on October 2, 2018, unless reviewed and
   39  saved from repeal through reenactment by the Legislature.
   40         b. The home addresses, telephone numbers, dates of birth,
   41  and photographs of firefighters certified in compliance with s.
   42  633.408; the home addresses, telephone numbers, photographs,
   43  dates of birth, and places of employment of the spouses and
   44  children of such firefighters; and the names and locations of
   45  schools and day care facilities attended by the children of such
   46  firefighters are exempt from s. 119.07(1).
   47         c. The home addresses, dates of birth, and telephone
   48  numbers of current or former justices of the Supreme Court,
   49  district court of appeal judges, circuit court judges, and
   50  county court judges; the home addresses, telephone numbers,
   51  dates of birth, and places of employment of the spouses and
   52  children of current or former justices and judges; and the names
   53  and locations of schools and day care facilities attended by the
   54  children of current or former justices and judges are exempt
   55  from s. 119.07(1).
   56         d.(I) The home addresses, telephone numbers, social
   57  security numbers, dates of birth, and photographs of current or
   58  former state attorneys, assistant state attorneys, statewide
   59  prosecutors, or assistant statewide prosecutors; the home
   60  addresses, telephone numbers, social security numbers,
   61  photographs, dates of birth, and places of employment of the
   62  spouses and children of current or former state attorneys,
   63  assistant state attorneys, statewide prosecutors, or assistant
   64  statewide prosecutors; and the names and locations of schools
   65  and day care facilities attended by the children of current or
   66  former state attorneys, assistant state attorneys, statewide
   67  prosecutors, or assistant statewide prosecutors are exempt from
   68  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   69         (II) The names of the spouses and children of current or
   70  former state attorneys, assistant state attorneys, statewide
   71  prosecutors, or assistant statewide prosecutors are exempt from
   72  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   73         (III) Sub-sub-subparagraph (II) is subject to the Open
   74  Government Sunset Review Act in accordance with s. 119.15, and
   75  shall stand repealed on October 2, 2018, unless reviewed and
   76  saved from repeal through reenactment by the Legislature.
   77         e. The home addresses, dates of birth, and telephone
   78  numbers of general magistrates, special magistrates, judges of
   79  compensation claims, administrative law judges of the Division
   80  of Administrative Hearings, and child support enforcement
   81  hearing officers; the home addresses, telephone numbers, dates
   82  of birth, and places of employment of the spouses and children
   83  of general magistrates, special magistrates, judges of
   84  compensation claims, administrative law judges of the Division
   85  of Administrative Hearings, and child support enforcement
   86  hearing officers; and the names and locations of schools and day
   87  care facilities attended by the children of general magistrates,
   88  special magistrates, judges of compensation claims,
   89  administrative law judges of the Division of Administrative
   90  Hearings, and child support enforcement hearing officers are
   91  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   92  Constitution if the general magistrate, special magistrate,
   93  judge of compensation claims, administrative law judge of the
   94  Division of Administrative Hearings, or child support hearing
   95  officer provides a written statement that the general
   96  magistrate, special magistrate, judge of compensation claims,
   97  administrative law judge of the Division of Administrative
   98  Hearings, or child support hearing officer has made reasonable
   99  efforts to protect such information from being accessible
  100  through other means available to the public.
  101         f. The home addresses, telephone numbers, dates of birth,
  102  and photographs of current or former human resource, labor
  103  relations, or employee relations directors, assistant directors,
  104  managers, or assistant managers of any local government agency
  105  or water management district whose duties include hiring and
  106  firing employees, labor contract negotiation, administration, or
  107  other personnel-related duties; the names, home addresses,
  108  telephone numbers, dates of birth, and places of employment of
  109  the spouses and children of such personnel; and the names and
  110  locations of schools and day care facilities attended by the
  111  children of such personnel are exempt from s. 119.07(1) and s.
  112  24(a), Art. I of the State Constitution.
  113         g. The home addresses, telephone numbers, dates of birth,
  114  and photographs of current or former code enforcement officers;
  115  the names, home addresses, telephone numbers, dates of birth,
  116  and places of employment of the spouses and children of such
  117  personnel; and the names and locations of schools and day care
  118  facilities attended by the children of such personnel are exempt
  119  from s. 119.07(1) and s. 24(a), Art. I of the State
  120  Constitution.
  121         h. The home addresses, telephone numbers, places of
  122  employment, dates of birth, and photographs of current or former
  123  guardians ad litem, as defined in s. 39.820; the names, home
  124  addresses, telephone numbers, dates of birth, and places of
  125  employment of the spouses and children of such persons; and the
  126  names and locations of schools and day care facilities attended
  127  by the children of such persons are exempt from s. 119.07(1) and
  128  s. 24(a), Art. I of the State Constitution, if the guardian ad
  129  litem provides a written statement that the guardian ad litem
  130  has made reasonable efforts to protect such information from
  131  being accessible through other means available to the public.
  132         i. The home addresses, telephone numbers, dates of birth,
  133  and photographs of current or former juvenile probation
  134  officers, juvenile probation supervisors, detention
  135  superintendents, assistant detention superintendents, juvenile
  136  justice detention officers I and II, juvenile justice detention
  137  officer supervisors, juvenile justice residential officers,
  138  juvenile justice residential officer supervisors I and II,
  139  juvenile justice counselors, juvenile justice counselor
  140  supervisors, human services counselor administrators, senior
  141  human services counselor administrators, rehabilitation
  142  therapists, and social services counselors of the Department of
  143  Juvenile Justice; the names, home addresses, telephone numbers,
  144  dates of birth, and places of employment of spouses and children
  145  of such personnel; and the names and locations of schools and
  146  day care facilities attended by the children of such personnel
  147  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  148  Constitution.
  149         j.(I) The home addresses, telephone numbers, dates of
  150  birth, and photographs of current or former public defenders,
  151  assistant public defenders, criminal conflict and civil regional
  152  counsel, and assistant criminal conflict and civil regional
  153  counsel; the home addresses, telephone numbers, dates of birth,
  154  and places of employment of the spouses and children of such
  155  defenders or counsel; and the names and locations of schools and
  156  day care facilities attended by the children of such defenders
  157  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  158  the State Constitution.
  159         (II) The names of the spouses and children of the specified
  160  agency personnel identified in sub-sub-subparagraph (I) are
  161  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  162  Constitution. This sub-sub-subparagraph is subject to the Open
  163  Government Sunset Review Act in accordance with s. 119.15 and
  164  shall stand repealed on October 2, 2019, unless reviewed and
  165  saved from repeal through reenactment by the Legislature.
  166         k. The home addresses, telephone numbers, and photographs
  167  of current or former investigators or inspectors of the
  168  Department of Business and Professional Regulation; the names,
  169  home addresses, telephone numbers, and places of employment of
  170  the spouses and children of such current or former investigators
  171  and inspectors; and the names and locations of schools and day
  172  care facilities attended by the children of such current or
  173  former investigators and inspectors are exempt from s. 119.07(1)
  174  and s. 24(a), Art. I of the State Constitution if the
  175  investigator or inspector has made reasonable efforts to protect
  176  such information from being accessible through other means
  177  available to the public. This sub-subparagraph is subject to the
  178  Open Government Sunset Review Act in accordance with s. 119.15
  179  and shall stand repealed on October 2, 2017, unless reviewed and
  180  saved from repeal through reenactment by the Legislature.
  181         l. The home addresses and telephone numbers of county tax
  182  collectors; the names, home addresses, telephone numbers, and
  183  places of employment of the spouses and children of such tax
  184  collectors; and the names and locations of schools and day care
  185  facilities attended by the children of such tax collectors are
  186  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  187  Constitution if the county tax collector has made reasonable
  188  efforts to protect such information from being accessible
  189  through other means available to the public. This sub
  190  subparagraph is subject to the Open Government Sunset Review Act
  191  in accordance with s. 119.15 and shall stand repealed on October
  192  2, 2017, unless reviewed and saved from repeal through
  193  reenactment by the Legislature.
  194         m. The home addresses, telephone numbers, dates of birth,
  195  and photographs of current or former personnel of the Department
  196  of Health whose duties include, or result in, the determination
  197  or adjudication of eligibility for social security disability
  198  benefits, the investigation or prosecution of complaints filed
  199  against health care practitioners, or the inspection of health
  200  care practitioners or health care facilities licensed by the
  201  Department of Health; the names, home addresses, telephone
  202  numbers, dates of birth, and places of employment of the spouses
  203  and children of such personnel; and the names and locations of
  204  schools and day care facilities attended by the children of such
  205  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  206  the State Constitution if the personnel have 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, 2019, unless reviewed and saved from repeal through
  212  reenactment by the Legislature.
  213         n. The home addresses, telephone numbers, dates of birth,
  214  and photographs of current or former impaired practitioner
  215  consultants who are retained by an agency or current or former
  216  employees of an impaired practitioner consultant whose duties
  217  result in a determination of a person’s skill and safety to
  218  practice a licensed profession; the names, home addresses,
  219  telephone numbers, dates of birth, and places of employment of
  220  the spouses and children of such consultants or their employees;
  221  and the names and locations of schools and day care facilities
  222  attended by the children of such consultants or employees are
  223  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  224  Constitution if a consultant or employee has made reasonable
  225  efforts to protect such information from being accessible
  226  through other means available to the public. This sub
  227  subparagraph is subject to the Open Government Sunset Review Act
  228  in accordance with s. 119.15 and shall stand repealed on October
  229  2, 2020, unless reviewed and saved from repeal through
  230  reenactment by the Legislature.
  231         o.The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former personnel employed in an
  233  agency’s office of inspector general or internal audit
  234  department whose duties include auditing or investigating waste,
  235  fraud, abuse, theft, exploitation, or other activities that
  236  could lead to criminal prosecution or administrative discipline;
  237  the names, home addresses, telephone numbers, dates of birth,
  238  and places of employment of spouses and children of such
  239  personnel; and the names and locations of schools and day care
  240  facilities attended by the children of such personnel are exempt
  241  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  242  if the personnel have made reasonable efforts to protect such
  243  information from being accessible through other means available
  244  to the public. This sub-subparagraph is subject to the Open
  245  Government Sunset Review Act in accordance with s. 119.15 and
  246  shall stand repealed on October 2, 2021, unless reviewed and
  247  saved from repeal through reenactment by the Legislature.
  248         3. An agency that is the custodian of the information
  249  specified in subparagraph 2. and that is not the employer of the
  250  officer, employee, justice, judge, or other person specified in
  251  subparagraph 2. shall maintain the exempt status of that
  252  information only if the officer, employee, justice, judge, other
  253  person, or employing agency of the designated employee submits a
  254  written request for maintenance of the exemption to the
  255  custodial agency.
  256         4. The exemptions in this paragraph apply to information
  257  held by an agency before, on, or after the effective date of the
  258  exemption.
  259         5. Except as otherwise expressly provided in this
  260  paragraph, this paragraph is subject to the Open Government
  261  Sunset Review Act in accordance with s. 119.15, and shall stand
  262  repealed on October 2, 2017, unless reviewed and saved from
  263  repeal through reenactment by the Legislature.
  264         Section 2. (1)The Legislature finds that it is a public
  265  necessity that the following identifying and location
  266  information be exempt from s. 119.07(1), Florida Statutes, and
  267  s. 24(a), Article I of the State Constitution, if the personnel
  268  have made reasonable efforts to protect such information from
  269  being accessible through other means available to the public:
  270         (a)The home addresses, telephone numbers, dates of birth,
  271  and photographs of current or former personnel employed in an
  272  agency’s office of inspector general or internal audit
  273  department whose duties include auditing or investigating waste,
  274  fraud, abuse, theft, exploitation, or other activities that
  275  could lead to criminal prosecution or administrative discipline;
  276         (b)The names, home addresses, telephone numbers, dates of
  277  birth, and places of employment of spouses and children of such
  278  personnel; and
  279         (c)The names and locations of schools and day care
  280  facilities attended by the children of such personnel.
  281         (2)The Legislature finds that the release of such
  282  identifying and location information might place such personnel
  283  and their family members in danger of physical and emotional
  284  harm from disgruntled individuals who may react inappropriately
  285  to investigations, audits, and other actions carried out by such
  286  personnel, or to scrutiny of their business or professional
  287  practices. Audits and investigations done by such personnel can
  288  lead to employment termination, wage garnishment, and criminal
  289  prosecution, and persons under such audits and investigations
  290  have threatened such personnel, which resulted in an agency’s
  291  having to heighten security by posting pictures of individuals
  292  who have made threats against such personnel, installing
  293  security cameras, and involving law enforcement. As a result,
  294  such personnel and their family members may become targets for
  295  acts of revenge by those who are investigated or audited. The
  296  risk continues after such personnel leave employment as a
  297  disgruntled individual may wait to commit an act of revenge
  298  until the employment of such personnel ends. The Legislature
  299  further finds that the harm that may result from the release of
  300  such personal identifying and location information outweighs any
  301  public benefit that may be derived from the disclosure of the
  302  information.
  303         Section 3. This act shall take effect upon becoming a law.
  304  
  305  ================= T I T L E  A M E N D M E N T ================
  306  And the title is amended as follows:
  307         Delete everything before the enacting clause
  308  and insert:
  309                        A bill to be entitled                      
  310         An act relating to public records; amending s.
  311         119.071, F.S.; providing an exemption from public
  312         records requirements for certain identifying and
  313         location information of current or former personnel
  314         employed in an agency’s office of inspector general or
  315         internal audit department whose duties include
  316         auditing or investigating certain activities that
  317         could lead to criminal prosecution or administrative
  318         discipline, and the spouses and children thereof;
  319         providing for future legislative review and repeal of
  320         the exemption; providing a statement of public
  321         necessity; providing an effective date.