Florida Senate - 2017                                    SB 1736
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01267A-17                                          20171736__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for business e-mail addresses of
    5         current justices and judges; providing for future
    6         legislative review and repeal of the exemption;
    7         providing a statement of public necessity; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (4) of section
   13  119.071, Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   16         (4) AGENCY PERSONNEL INFORMATION.—
   17         (d)1. For purposes of this paragraph, the term “telephone
   18  numbers” includes home telephone numbers, personal cellular
   19  telephone numbers, personal pager telephone numbers, and
   20  telephone numbers associated with personal communications
   21  devices.
   22         2.a.(I) The home addresses, telephone numbers, social
   23  security numbers, dates of birth, and photographs of active or
   24  former sworn or civilian law enforcement personnel, including
   25  correctional and correctional probation officers, personnel of
   26  the Department of Children and Families whose duties include the
   27  investigation of abuse, neglect, exploitation, fraud, theft, or
   28  other criminal activities, personnel of the Department of Health
   29  whose duties are to support the investigation of child abuse or
   30  neglect, and personnel of the Department of Revenue or local
   31  governments whose responsibilities include revenue collection
   32  and enforcement or child support enforcement; the home
   33  addresses, telephone numbers, social security numbers,
   34  photographs, dates of birth, and places of employment of the
   35  spouses and children of such personnel; and the names and
   36  locations of schools and day care facilities attended by the
   37  children of such personnel are exempt from s. 119.07(1).
   38         (II) The names of the spouses and children of active or
   39  former sworn or civilian law enforcement personnel and the other
   40  specified agency personnel identified in sub-sub-subparagraph
   41  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   42  State Constitution.
   43         (III) Sub-sub-subparagraph (II) is subject to the Open
   44  Government Sunset Review Act in accordance with s. 119.15, and
   45  shall stand repealed on October 2, 2018, unless reviewed and
   46  saved from repeal through reenactment by the Legislature.
   47         (IV) The home addresses, telephone numbers, dates of birth,
   48  and photographs of current or former nonsworn investigative
   49  personnel of the Department of Financial Services whose duties
   50  include the investigation of fraud, theft, workers’ compensation
   51  coverage requirements and compliance, other related criminal
   52  activities, or state regulatory requirement violations; the
   53  names, home addresses, telephone numbers, dates of birth, and
   54  places of employment of the spouses and children of such
   55  personnel; and the names and locations of schools and day care
   56  facilities attended by the children of such personnel are exempt
   57  from s. 119.07(1) and s. 24(a), Art. I of the State
   58  Constitution. This sub-sub-subparagraph is subject to the Open
   59  Government Sunset Review Act in accordance with s. 119.15 and
   60  shall stand repealed on October 2, 2021, unless reviewed and
   61  saved from repeal through reenactment by the Legislature.
   62         b. The home addresses, telephone numbers, dates of birth,
   63  and photographs of firefighters certified in compliance with s.
   64  633.408; the home addresses, telephone numbers, photographs,
   65  dates of birth, and places of employment of the spouses and
   66  children of such firefighters; and the names and locations of
   67  schools and day care facilities attended by the children of such
   68  firefighters are exempt from s. 119.07(1).
   69         c.(I) The home addresses, dates of birth, and telephone
   70  numbers of current or former justices of the Supreme Court,
   71  district court of appeal judges, circuit court judges, and
   72  county court judges; the home addresses, telephone numbers,
   73  dates of birth, and places of employment of the spouses and
   74  children of current or former justices and judges; and the names
   75  and locations of schools and day care facilities attended by the
   76  children of current or former justices and judges are exempt
   77  from s. 119.07(1).
   78         (II) The business e-mail addresses of current justices of
   79  the Supreme Court, district court of appeal judges, circuit
   80  court judges, and county court judges. This sub-sub-subparagraph
   81  is subject to the Open Government Sunset Review Act in
   82  accordance with s. 119.15 and shall stand repealed on October 2,
   83  2022, unless reviewed and saved from repeal through reenactment
   84  by the Legislature.
   85         d.(I) The home addresses, telephone numbers, social
   86  security numbers, dates of birth, and photographs of current or
   87  former state attorneys, assistant state attorneys, statewide
   88  prosecutors, or assistant statewide prosecutors; the home
   89  addresses, telephone numbers, social security numbers,
   90  photographs, dates of birth, and places of employment of the
   91  spouses and children of current or former state attorneys,
   92  assistant state attorneys, statewide prosecutors, or assistant
   93  statewide prosecutors; and the names and locations of schools
   94  and day care facilities attended by the children of current or
   95  former state attorneys, assistant state attorneys, statewide
   96  prosecutors, or assistant statewide prosecutors are exempt from
   97  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   98         (II) The names of the spouses and children of current or
   99  former state attorneys, assistant state attorneys, statewide
  100  prosecutors, or assistant statewide prosecutors are exempt from
  101  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  102         (III) Sub-sub-subparagraph (II) is subject to the Open
  103  Government Sunset Review Act in accordance with s. 119.15, and
  104  shall stand repealed on October 2, 2018, unless reviewed and
  105  saved from repeal through reenactment by the Legislature.
  106         e. The home addresses, dates of birth, and telephone
  107  numbers of general magistrates, special magistrates, judges of
  108  compensation claims, administrative law judges of the Division
  109  of Administrative Hearings, and child support enforcement
  110  hearing officers; the home addresses, telephone numbers, dates
  111  of birth, and places of employment of the spouses and children
  112  of general magistrates, special magistrates, judges of
  113  compensation claims, administrative law judges of the Division
  114  of Administrative Hearings, and child support enforcement
  115  hearing officers; and the names and locations of schools and day
  116  care facilities attended by the children of general magistrates,
  117  special magistrates, judges of compensation claims,
  118  administrative law judges of the Division of Administrative
  119  Hearings, and child support enforcement hearing officers are
  120  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  121  Constitution if the general magistrate, special magistrate,
  122  judge of compensation claims, administrative law judge of the
  123  Division of Administrative Hearings, or child support hearing
  124  officer provides a written statement that the general
  125  magistrate, special magistrate, judge of compensation claims,
  126  administrative law judge of the Division of Administrative
  127  Hearings, or child support hearing officer has made reasonable
  128  efforts to protect such information from being accessible
  129  through other means available to the public.
  130         f. The home addresses, telephone numbers, dates of birth,
  131  and photographs of current or former human resource, labor
  132  relations, or employee relations directors, assistant directors,
  133  managers, or assistant managers of any local government agency
  134  or water management district whose duties include hiring and
  135  firing employees, labor contract negotiation, administration, or
  136  other personnel-related duties; the names, home addresses,
  137  telephone numbers, dates of birth, and places of employment of
  138  the spouses and children of such personnel; and the names and
  139  locations of schools and day care facilities attended by the
  140  children of such personnel are exempt from s. 119.07(1) and s.
  141  24(a), Art. I of the State Constitution.
  142         g. The home addresses, telephone numbers, dates of birth,
  143  and photographs of current or former code enforcement officers;
  144  the names, home addresses, telephone numbers, dates of birth,
  145  and places of employment of the spouses and children of such
  146  personnel; and the names and locations of schools and day care
  147  facilities attended by the children of such personnel are exempt
  148  from s. 119.07(1) and s. 24(a), Art. I of the State
  149  Constitution.
  150         h. The home addresses, telephone numbers, places of
  151  employment, dates of birth, and photographs of current or former
  152  guardians ad litem, as defined in s. 39.820; the names, home
  153  addresses, telephone numbers, dates of birth, and places of
  154  employment of the spouses and children of such persons; and the
  155  names and locations of schools and day care facilities attended
  156  by the children of such persons are exempt from s. 119.07(1) and
  157  s. 24(a), Art. I of the State Constitution, if the guardian ad
  158  litem provides a written statement that the guardian ad litem
  159  has made reasonable efforts to protect such information from
  160  being accessible through other means available to the public.
  161         i. The home addresses, telephone numbers, dates of birth,
  162  and photographs of current or former juvenile probation
  163  officers, juvenile probation supervisors, detention
  164  superintendents, assistant detention superintendents, juvenile
  165  justice detention officers I and II, juvenile justice detention
  166  officer supervisors, juvenile justice residential officers,
  167  juvenile justice residential officer supervisors I and II,
  168  juvenile justice counselors, juvenile justice counselor
  169  supervisors, human services counselor administrators, senior
  170  human services counselor administrators, rehabilitation
  171  therapists, and social services counselors of the Department of
  172  Juvenile Justice; the names, home addresses, telephone numbers,
  173  dates of birth, and places of employment of spouses and children
  174  of such personnel; and the names and locations of schools and
  175  day care facilities attended by the children of such personnel
  176  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  177  Constitution.
  178         j.(I) The home addresses, telephone numbers, dates of
  179  birth, and photographs of current or former public defenders,
  180  assistant public defenders, criminal conflict and civil regional
  181  counsel, and assistant criminal conflict and civil regional
  182  counsel; the home addresses, telephone numbers, dates of birth,
  183  and places of employment of the spouses and children of such
  184  defenders or counsel; and the names and locations of schools and
  185  day care facilities attended by the children of such defenders
  186  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  187  the State Constitution.
  188         (II) The names of the spouses and children of the specified
  189  agency personnel identified in sub-sub-subparagraph (I) are
  190  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  191  Constitution. This sub-sub-subparagraph is subject to the Open
  192  Government Sunset Review Act in accordance with s. 119.15 and
  193  shall stand repealed on October 2, 2019, unless reviewed and
  194  saved from repeal through reenactment by the Legislature.
  195         k. The home addresses, telephone numbers, and photographs
  196  of current or former investigators or inspectors of the
  197  Department of Business and Professional Regulation; the names,
  198  home addresses, telephone numbers, and places of employment of
  199  the spouses and children of such current or former investigators
  200  and inspectors; and the names and locations of schools and day
  201  care facilities attended by the children of such current or
  202  former investigators and inspectors are exempt from s. 119.07(1)
  203  and s. 24(a), Art. I of the State Constitution if the
  204  investigator or inspector has made reasonable efforts to protect
  205  such information from being accessible through other means
  206  available to the public. This sub-subparagraph is subject to the
  207  Open Government Sunset Review Act in accordance with s. 119.15
  208  and shall stand repealed on October 2, 2017, unless reviewed and
  209  saved from repeal through reenactment by the Legislature.
  210         l. The home addresses and telephone numbers of county tax
  211  collectors; the names, home addresses, telephone numbers, and
  212  places of employment of the spouses and children of such tax
  213  collectors; and the names and locations of schools and day care
  214  facilities attended by the children of such tax collectors are
  215  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  216  Constitution if the county tax collector has made reasonable
  217  efforts to protect such information from being accessible
  218  through other means available to the public. This sub
  219  subparagraph is subject to the Open Government Sunset Review Act
  220  in accordance with s. 119.15 and shall stand repealed on October
  221  2, 2017, unless reviewed and saved from repeal through
  222  reenactment by the Legislature.
  223         m. The home addresses, telephone numbers, dates of birth,
  224  and photographs of current or former personnel of the Department
  225  of Health whose duties include, or result in, the determination
  226  or adjudication of eligibility for social security disability
  227  benefits, the investigation or prosecution of complaints filed
  228  against health care practitioners, or the inspection of health
  229  care practitioners or health care facilities licensed by the
  230  Department of Health; the names, home addresses, telephone
  231  numbers, dates of birth, and places of employment of the spouses
  232  and children of such personnel; and the names and locations of
  233  schools and day care facilities attended by the children of such
  234  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  235  the State Constitution if the personnel have made reasonable
  236  efforts to protect such information from being accessible
  237  through other means available to the public. This sub
  238  subparagraph is subject to the Open Government Sunset Review Act
  239  in accordance with s. 119.15 and shall stand repealed on October
  240  2, 2019, unless reviewed and saved from repeal through
  241  reenactment by the Legislature.
  242         n. The home addresses, telephone numbers, dates of birth,
  243  and photographs of current or former impaired practitioner
  244  consultants who are retained by an agency or current or former
  245  employees of an impaired practitioner consultant whose duties
  246  result in a determination of a person’s skill and safety to
  247  practice a licensed profession; the names, home addresses,
  248  telephone numbers, dates of birth, and places of employment of
  249  the spouses and children of such consultants or their employees;
  250  and the names and locations of schools and day care facilities
  251  attended by the children of such consultants or employees are
  252  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  253  Constitution if a consultant or employee has made reasonable
  254  efforts to protect such information from being accessible
  255  through other means available to the public. This sub
  256  subparagraph is subject to the Open Government Sunset Review Act
  257  in accordance with s. 119.15 and shall stand repealed on October
  258  2, 2020, unless reviewed and saved from repeal through
  259  reenactment by the Legislature.
  260         o. The home addresses, telephone numbers, dates of birth,
  261  and photographs of current or former emergency medical
  262  technicians or paramedics certified under chapter 401; the
  263  names, home addresses, telephone numbers, dates of birth, and
  264  places of employment of the spouses and children of such
  265  emergency medical technicians or paramedics; and the names and
  266  locations of schools and day care facilities attended by the
  267  children of such emergency medical technicians or paramedics are
  268  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  269  Constitution if the emergency medical technicians or paramedics
  270  have made reasonable efforts to protect such information from
  271  being accessible through other means available to the public.
  272  This sub-subparagraph is subject to the Open Government Sunset
  273  Review Act in accordance with s. 119.15 and shall stand repealed
  274  on October 2, 2021, unless reviewed and saved from repeal
  275  through reenactment by the Legislature.
  276         p. The home addresses, telephone numbers, dates of birth,
  277  and photographs of current or former personnel employed in an
  278  agency’s office of inspector general or internal audit
  279  department whose duties include auditing or investigating waste,
  280  fraud, abuse, theft, exploitation, or other activities that
  281  could lead to criminal prosecution or administrative discipline;
  282  the names, home addresses, telephone numbers, dates of birth,
  283  and places of employment of spouses and children of such
  284  personnel; and the names and locations of schools and day care
  285  facilities attended by the children of such personnel are exempt
  286  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  287  if the personnel have made reasonable efforts to protect such
  288  information from being accessible through other means available
  289  to the public. This sub-subparagraph is subject to the Open
  290  Government Sunset Review Act in accordance with s. 119.15 and
  291  shall stand repealed on October 2, 2021, unless reviewed and
  292  saved from repeal through reenactment by the Legislature.
  293         3. An agency that is the custodian of the information
  294  specified in subparagraph 2. and that is not the employer of the
  295  officer, employee, justice, judge, or other person specified in
  296  subparagraph 2. shall maintain the exempt status of that
  297  information only if the officer, employee, justice, judge, other
  298  person, or employing agency of the designated employee submits a
  299  written request for maintenance of the exemption to the
  300  custodial agency.
  301         4. The exemptions in this paragraph apply to information
  302  held by an agency before, on, or after the effective date of the
  303  exemption.
  304         5. Except as otherwise expressly provided in this
  305  paragraph, this paragraph is subject to the Open Government
  306  Sunset Review Act in accordance with s. 119.15, and shall stand
  307  repealed on October 2, 2017, unless reviewed and saved from
  308  repeal through reenactment by the Legislature.
  309         Section 2. The Legislature finds that it is a public
  310  necessity to exempt from public records requirements the
  311  business e-mail addresses of the current justices of the Supreme
  312  Court, district court of appeal judges, circuit court judges,
  313  and county court judges. Public release of such information
  314  could result in e-mails from the public or the parties in a case
  315  regarding that litigation being sent directly to justices or
  316  judges, which creates the risk of ex parte communications that
  317  could necessitate recusal or other action that may negatively
  318  affect judicial efficiency and court schedules. The Legislature
  319  further finds that the harm that may result from the release of
  320  such e-mail addresses outweighs any public benefit that may be
  321  derived from the disclosure of the information. If the justices
  322  and judges’ business e-mail addresses are exempt from public
  323  records requirements, the public could still use e-mail to
  324  contact a justice or judge through his or her judicial
  325  assistant. In addition, the content of e-mails sent by justices
  326  or judges through their business e-mail addresses would remain
  327  public; only the business e-mail addresses would be exempt.
  328         Section 3. This act shall take effect July 1, 2017.