Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1108
Ì312804ÃÎ312804
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2017 .
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The Committee on Governmental Oversight and Accountability
(Artiles) 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38 shall stand repealed on October 2, 2018, unless reviewed and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 (IV) The home addresses, telephone numbers, dates of birth,
41 and photographs of current or former nonsworn investigative
42 personnel of the Department of Financial Services whose duties
43 include the investigation of fraud, theft, workers’ compensation
44 coverage requirements and compliance, other related criminal
45 activities, or state regulatory requirement violations; the
46 names, home addresses, telephone numbers, dates of birth, and
47 places of employment of the spouses and children of such
48 personnel; and the names and locations of schools and day care
49 facilities attended by the children of such personnel are exempt
50 from s. 119.07(1) and s. 24(a), Art. I of the State
51 Constitution. This sub-sub-subparagraph is subject to the Open
52 Government Sunset Review Act in accordance with s. 119.15 and
53 shall stand repealed on October 2, 2021, unless reviewed and
54 saved from repeal through reenactment by the Legislature.
55 b. The home addresses, telephone numbers, dates of birth,
56 and photographs of current or former firefighters certified in
57 compliance with s. 633.408; the names, home addresses, telephone
58 numbers, photographs, dates of birth, and places of employment
59 of the spouses and children of such firefighters; and the names
60 and locations of schools and day care facilities attended by the
61 children of such firefighters are exempt from s. 119.07(1) and
62 s. 24(a), Art. I of the State Constitution. This sub
63 subparagraph is subject to the Open Government Sunset Review Act
64 in accordance with s. 119.15, and shall stand repealed on
65 October 2, 2022, unless reviewed and saved from repeal through
66 reenactment by the Legislature.
67 c. The home addresses, dates of birth, and telephone
68 numbers of current or former justices of the Supreme Court,
69 district court of appeal judges, circuit court judges, and
70 county court judges; the home addresses, telephone numbers,
71 dates of birth, and places of employment of the spouses and
72 children of current or former justices and judges; and the names
73 and locations of schools and day care facilities attended by the
74 children of current or former justices and judges are exempt
75 from s. 119.07(1).
76 d.(I) The home addresses, telephone numbers, social
77 security numbers, dates of birth, and photographs of current or
78 former state attorneys, assistant state attorneys, statewide
79 prosecutors, or assistant statewide prosecutors; the home
80 addresses, telephone numbers, social security numbers,
81 photographs, dates of birth, and places of employment of the
82 spouses and children of current or former state attorneys,
83 assistant state attorneys, statewide prosecutors, or assistant
84 statewide prosecutors; and the names and locations of schools
85 and day care facilities attended by the 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 (II) The names of the spouses and children of current or
90 former state attorneys, assistant state attorneys, statewide
91 prosecutors, or assistant statewide prosecutors are exempt from
92 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
93 (III) Sub-sub-subparagraph (II) is subject to the Open
94 Government Sunset Review Act in accordance with s. 119.15, and
95 shall stand repealed on October 2, 2018, unless reviewed and
96 saved from repeal through reenactment by the Legislature.
97 e. The home addresses, dates of birth, and telephone
98 numbers of general magistrates, special magistrates, judges of
99 compensation claims, administrative law judges of the Division
100 of Administrative Hearings, and child support enforcement
101 hearing officers; the home addresses, telephone numbers, dates
102 of birth, and places of employment of the spouses and children
103 of general magistrates, special magistrates, judges of
104 compensation claims, administrative law judges of the Division
105 of Administrative Hearings, and child support enforcement
106 hearing officers; and the names and locations of schools and day
107 care facilities attended by the children of general magistrates,
108 special magistrates, judges of compensation claims,
109 administrative law judges of the Division of Administrative
110 Hearings, and child support enforcement hearing officers are
111 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
112 Constitution if the general magistrate, special magistrate,
113 judge of compensation claims, administrative law judge of the
114 Division of Administrative Hearings, or child support hearing
115 officer provides a written statement that the general
116 magistrate, special magistrate, judge of compensation claims,
117 administrative law judge of the Division of Administrative
118 Hearings, or child support hearing officer has made reasonable
119 efforts to protect such information from being accessible
120 through other means available to the public.
121 f. The home addresses, telephone numbers, dates of birth,
122 and photographs of current or former human resource, labor
123 relations, or employee relations directors, assistant directors,
124 managers, or assistant managers of any local government agency
125 or water management district whose duties include hiring and
126 firing employees, labor contract negotiation, administration, or
127 other personnel-related duties; the names, home addresses,
128 telephone numbers, dates of birth, and places of employment of
129 the spouses and children of such personnel; and the names and
130 locations of schools and day care facilities attended by the
131 children of such personnel are exempt from s. 119.07(1) and s.
132 24(a), Art. I of the State Constitution.
133 g. The home addresses, telephone numbers, dates of birth,
134 and photographs of current or former code enforcement officers;
135 the names, home addresses, telephone numbers, dates of birth,
136 and places of employment of the spouses and children of such
137 personnel; and the names and locations of schools and day care
138 facilities attended by the children of such personnel are exempt
139 from s. 119.07(1) and s. 24(a), Art. I of the State
140 Constitution.
141 h. The home addresses, telephone numbers, places of
142 employment, dates of birth, and photographs of current or former
143 guardians ad litem, as defined in s. 39.820; the names, home
144 addresses, telephone numbers, dates of birth, and places of
145 employment of the spouses and children of such persons; and the
146 names and locations of schools and day care facilities attended
147 by the children of such persons are exempt from s. 119.07(1) and
148 s. 24(a), Art. I of the State Constitution, if the guardian ad
149 litem provides a written statement that the guardian ad litem
150 has made reasonable efforts to protect such information from
151 being accessible through other means available to the public.
152 i. The home addresses, telephone numbers, dates of birth,
153 and photographs of current or former juvenile probation
154 officers, juvenile probation supervisors, detention
155 superintendents, assistant detention superintendents, juvenile
156 justice detention officers I and II, juvenile justice detention
157 officer supervisors, juvenile justice residential officers,
158 juvenile justice residential officer supervisors I and II,
159 juvenile justice counselors, juvenile justice counselor
160 supervisors, human services counselor administrators, senior
161 human services counselor administrators, rehabilitation
162 therapists, and social services counselors of the Department of
163 Juvenile Justice; the names, home addresses, telephone numbers,
164 dates of birth, and places of employment of spouses and children
165 of such personnel; and the names and locations of schools and
166 day care facilities attended by the children of such personnel
167 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
168 Constitution.
169 j.(I) The home addresses, telephone numbers, dates of
170 birth, and photographs of current or former public defenders,
171 assistant public defenders, criminal conflict and civil regional
172 counsel, and assistant criminal conflict and civil regional
173 counsel; the home addresses, telephone numbers, dates of birth,
174 and places of employment of the spouses and children of such
175 defenders or counsel; and the names and locations of schools and
176 day care facilities attended by the children of such defenders
177 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
178 the State Constitution.
179 (II) The names of the spouses and children of the specified
180 agency personnel identified in sub-sub-subparagraph (I) are
181 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
182 Constitution. This sub-sub-subparagraph is subject to the Open
183 Government Sunset Review Act in accordance with s. 119.15 and
184 shall stand repealed on October 2, 2019, unless reviewed and
185 saved from repeal through reenactment by the Legislature.
186 k. The home addresses, telephone numbers, and photographs
187 of current or former investigators or inspectors of the
188 Department of Business and Professional Regulation; the names,
189 home addresses, telephone numbers, and places of employment of
190 the spouses and children of such current or former investigators
191 and inspectors; and the names and locations of schools and day
192 care facilities attended by the children of such current or
193 former investigators and inspectors are exempt from s. 119.07(1)
194 and s. 24(a), Art. I of the State Constitution if the
195 investigator or inspector has made reasonable efforts to protect
196 such information from being accessible through other means
197 available to the public. This sub-subparagraph is subject to the
198 Open Government Sunset Review Act in accordance with s. 119.15
199 and shall stand repealed on October 2, 2017, unless reviewed and
200 saved from repeal through reenactment by the Legislature.
201 l. The home addresses and telephone numbers of county tax
202 collectors; the names, home addresses, telephone numbers, and
203 places of employment of the spouses and children of such tax
204 collectors; and the names and locations of schools and day care
205 facilities attended by the children of such tax collectors are
206 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
207 Constitution if the county tax collector has made reasonable
208 efforts to protect such information from being accessible
209 through other means available to the public. This sub
210 subparagraph is subject to the Open Government Sunset Review Act
211 in accordance with s. 119.15 and shall stand repealed on October
212 2, 2017, unless reviewed and saved from repeal through
213 reenactment by the Legislature.
214 m. The home addresses, telephone numbers, dates of birth,
215 and photographs of current or former personnel of the Department
216 of Health whose duties include, or result in, the determination
217 or adjudication of eligibility for social security disability
218 benefits, the investigation or prosecution of complaints filed
219 against health care practitioners, or the inspection of health
220 care practitioners or health care facilities licensed by the
221 Department of Health; the names, home addresses, telephone
222 numbers, dates of birth, and places of employment of the spouses
223 and children of such personnel; and the names and locations of
224 schools and day care facilities attended by the children of such
225 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
226 the State Constitution if the personnel have made reasonable
227 efforts to protect such information from being accessible
228 through other means available to the public. This sub
229 subparagraph is subject to the Open Government Sunset Review Act
230 in accordance with s. 119.15 and shall stand repealed on October
231 2, 2019, unless reviewed and saved from repeal through
232 reenactment by the Legislature.
233 n. The home addresses, telephone numbers, dates of birth,
234 and photographs of current or former impaired practitioner
235 consultants who are retained by an agency or current or former
236 employees of an impaired practitioner consultant whose duties
237 result in a determination of a person’s skill and safety to
238 practice a licensed profession; the names, home addresses,
239 telephone numbers, dates of birth, and places of employment of
240 the spouses and children of such consultants or their employees;
241 and the names and locations of schools and day care facilities
242 attended by the children of such consultants or employees are
243 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
244 Constitution if a consultant or employee 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, 2020, unless reviewed and saved from repeal through
250 reenactment by the Legislature.
251 o. The home addresses, telephone numbers, dates of birth,
252 and photographs of current or former emergency medical
253 technicians or paramedics certified under chapter 401; the
254 names, home addresses, telephone numbers, dates of birth, and
255 places of employment of the spouses and children of such
256 emergency medical technicians or paramedics; and the names and
257 locations of schools and day care facilities attended by the
258 children of such emergency medical technicians or paramedics are
259 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
260 Constitution if the emergency medical technicians or paramedics
261 have made reasonable efforts to protect such information from
262 being accessible through other means available to the public.
263 This sub-subparagraph is subject to the Open Government Sunset
264 Review Act in accordance with s. 119.15 and shall stand repealed
265 on October 2, 2021, unless reviewed and saved from repeal
266 through reenactment by the Legislature.
267 p. The home addresses, telephone numbers, dates of birth,
268 and photographs of current or former personnel employed in an
269 agency’s office of inspector general or internal audit
270 department whose duties include auditing or investigating waste,
271 fraud, abuse, theft, exploitation, or other activities that
272 could lead to criminal prosecution or administrative discipline;
273 the names, home addresses, telephone numbers, dates of birth,
274 and places of employment of spouses and children of such
275 personnel; and the names and locations of schools and day care
276 facilities attended by the children of such personnel are exempt
277 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
278 if the personnel have made reasonable efforts to protect such
279 information from being accessible through other means available
280 to the public. This sub-subparagraph is subject to the Open
281 Government Sunset Review Act in accordance with s. 119.15 and
282 shall stand repealed on October 2, 2021, unless reviewed and
283 saved from repeal through reenactment by the Legislature.
284 3. An agency that is the custodian of the information
285 specified in subparagraph 2. and that is not the employer of the
286 officer, employee, justice, judge, or other person specified in
287 subparagraph 2. shall maintain the exempt status of that
288 information only if the officer, employee, justice, judge, other
289 person, or employing agency of the designated employee submits a
290 written request for maintenance of the exemption to the
291 custodial agency.
292 4. The exemptions in this paragraph apply to information
293 held by an agency before, on, or after the effective date of the
294 exemption.
295 5. Except as otherwise expressly provided in this
296 paragraph, this paragraph is subject to the Open Government
297 Sunset Review Act in accordance with s. 119.15, and shall stand
298 repealed on October 2, 2017, unless reviewed and saved from
299 repeal through reenactment by the Legislature.
300 Section 2. (1) The Legislature finds that it is a public
301 necessity to expand the exemption from public records
302 requirements currently applicable to the home addresses,
303 telephone numbers, dates of birth, and photographs of
304 firefighters certified under s. 633.408, Florida Statutes; the
305 home addresses, telephone numbers, photographs, dates of birth,
306 and places of employment of the spouses and children of such
307 firefighters; and the names and locations of schools and day
308 care facilities attended by the children of such firefighters to
309 also include former firefighters and their spouses and children.
310 The personal identifying and location information of other
311 former first responders, such as former law enforcement
312 officers, and their family members, are currently exempt from
313 public records requirements. Firefighters often respond to
314 serious emergency situations, ranging from domestic violence to
315 homicide, and the release of personal identifying and location
316 information may place former firefighters and their family
317 members in danger of serious physical or emotional harm by
318 hostile individuals. This danger continues after a firefighter
319 leaves employment.
320 (2) The Legislature also finds that it is a public
321 necessity to exempt the names of the spouses and children of
322 current and former firefighters from public records
323 requirements. A disgruntled individual may seek revenge against
324 a firefighter by targeting his or her the spouse or child.
325 Releasing the names of a spouses and children makes it easier to
326 locate and target them for acts of revenge.
327 (3) The Legislature finds that it is a public necessity to
328 exempt the personal identifying and location information of
329 current and former firefighters, and their spouses and children,
330 including the names of their spouses and children, from s.
331 24(a), Article I of the State Constitution in order to prevent
332 disclosure of information that can be used to identify or locate
333 current and former firefighters and their spouses and children.
334 It is in the public interest to fully protect these governmental
335 employees and their families and ensure that their identifying
336 and location information is exempt from public disclosure when
337 it is held by an entity in the executive, legislative, or
338 judicial branch of government.
339 (4) The harm that may result from the release of personal
340 identifying and location information of current and former
341 firefighters and their families, as well as the names of the
342 spouses and children of current and former firefighters,
343 outweighs any public benefit that may be derived from the
344 disclosure of such information. Therefore, the Legislature finds
345 that it is a public necessity that the home addresses, telephone
346 numbers, dates of birth, and photographs of current or former
347 firefighters certified under s. 633.408, Florida Statutes; the
348 names, home addresses, telephone numbers, photographs, dates of
349 birth, and places of employment of the spouses and children of
350 such firefighters; and the names and locations of schools and
351 day care facilities attended by the children of such
352 firefighters be made exempt from s. 119.07(1), Florida Statutes,
353 and s. 24(a), Article I of the State Constitution.
354 Section 3. This act shall take effect October 1, 2017.
355
356 ================= T I T L E A M E N D M E N T ================
357 And the title is amended as follows:
358 Delete everything before the enacting clause
359 and insert:
360 A bill to be entitled
361 An act relating to public records; amending s.
362 119.071, F.S.; expanding an exemption from public
363 records requirements for the personal identifying and
364 location information of certain firefighters and their
365 spouses and children to include the personal
366 identifying and location information of former
367 firefighters and their spouses and children, and the
368 names of spouses and children of current and former
369 firefighters; specifying the application of s. 24(a),
370 Article I of the State Constitution to the exemption;
371 providing for future legislative review and repeal of
372 the exemption; providing a statement of public
373 necessity; providing an effective date.