Florida Senate - 2019                                    SB 1796
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00729B-19                                           20191796__
    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 the personal identifying and
    5         location information of commissioners and commission
    6         investigators of the Commission on Offender Review and
    7         the names and personal identifying and location
    8         information of the spouses and children of such
    9         personnel; providing for future review and repeal of
   10         the exemption; providing an exemption from public
   11         records requirements for the personal identifying and
   12         location information of school administrators and the
   13         names and personal identifying and location
   14         information of the spouses and children of the school
   15         administrators; providing statements of public
   16         necessity; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (d) of subsection (4) of section
   21  119.071, Florida Statutes, is amended to read:
   22         119.071 General exemptions from inspection or copying of
   23  public records.—
   24         (4) AGENCY PERSONNEL INFORMATION.—
   25         (d)1. For purposes of this paragraph, the term “telephone
   26  numbers” includes home telephone numbers, personal cellular
   27  telephone numbers, personal pager telephone numbers, and
   28  telephone numbers associated with personal communications
   29  devices.
   30         2.a. The home addresses, telephone numbers, dates of birth,
   31  and photographs of active or former sworn or civilian law
   32  enforcement personnel, including correctional and correctional
   33  probation officers, personnel of the Department of Children and
   34  Families whose duties include the investigation of abuse,
   35  neglect, exploitation, fraud, theft, or other criminal
   36  activities, personnel of the Department of Health whose duties
   37  are to support the investigation of child abuse or neglect, and
   38  personnel of the Department of Revenue or local governments
   39  whose responsibilities include revenue collection and
   40  enforcement or child support enforcement; the names, home
   41  addresses, telephone numbers, photographs, dates of birth, and
   42  places of employment of the spouses and children of such
   43  personnel; and the names and locations of schools and day care
   44  facilities attended by the children of such personnel are exempt
   45  from s. 119.07(1) and s. 24(a), Art. I of the State
   46  Constitution. This sub-subparagraph is subject to the Open
   47  Government Sunset Review Act in accordance with s. 119.15 and
   48  shall stand repealed on October 2, 2022, unless reviewed and
   49  saved from repeal through reenactment by the Legislature.
   50         b. The home addresses, telephone numbers, dates of birth,
   51  and photographs of current or former nonsworn investigative
   52  personnel of the Department of Financial Services whose duties
   53  include the investigation of fraud, theft, workers’ compensation
   54  coverage requirements and compliance, other related criminal
   55  activities, or state regulatory requirement violations; the
   56  names, home addresses, telephone numbers, dates of birth, and
   57  places of employment of the spouses and children of such
   58  personnel; and the names and locations of schools and day care
   59  facilities attended by the children of such personnel are exempt
   60  from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution. This sub-subparagraph is subject to the Open
   62  Government Sunset Review Act in accordance with s. 119.15 and
   63  shall stand repealed on October 2, 2021, unless reviewed and
   64  saved from repeal through reenactment by the Legislature.
   65         c. The home addresses, telephone numbers, dates of birth,
   66  and photographs of current or former nonsworn investigative
   67  personnel of the Office of Financial Regulation’s Bureau of
   68  Financial Investigations whose duties include the investigation
   69  of fraud, theft, other related criminal activities, or state
   70  regulatory requirement violations; the names, home addresses,
   71  telephone numbers, dates of birth, and places of employment of
   72  the spouses and children of such personnel; and the names and
   73  locations of schools and day care facilities attended by the
   74  children of such personnel are exempt from s. 119.07(1) and s.
   75  24(a), Art. I of the State Constitution. This sub-subparagraph
   76  is subject to the Open Government Sunset Review Act in
   77  accordance with s. 119.15 and shall stand repealed on October 2,
   78  2022, unless reviewed and saved from repeal through reenactment
   79  by the Legislature.
   80         d. The home addresses, telephone numbers, dates of birth,
   81  and photographs of current or former firefighters certified in
   82  compliance with s. 633.408; the names, home addresses, telephone
   83  numbers, photographs, dates of birth, and places of employment
   84  of the spouses and children of such firefighters; and the names
   85  and locations of schools and day care facilities attended by the
   86  children of such firefighters are exempt from s. 119.07(1) and
   87  s. 24(a), Art. I of the State Constitution. This sub
   88  subparagraph is subject to the Open Government Sunset Review Act
   89  in accordance with s. 119.15, and shall stand repealed on
   90  October 2, 2022, unless reviewed and saved from repeal through
   91  reenactment by the Legislature.
   92         e. The home addresses, dates of birth, and telephone
   93  numbers of current or former justices of the Supreme Court,
   94  district court of appeal judges, circuit court judges, and
   95  county court judges; the names, home addresses, telephone
   96  numbers, dates of birth, and places of employment of the spouses
   97  and children of current or former justices and judges; and the
   98  names and locations of schools and day care facilities attended
   99  by the children of current or former justices and judges are
  100  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  101  Constitution. This sub-subparagraph is subject to the Open
  102  Government Sunset Review Act in accordance with s. 119.15 and
  103  shall stand repealed on October 2, 2022, unless reviewed and
  104  saved from repeal through reenactment by the Legislature.
  105         f. The home addresses, telephone numbers, dates of birth,
  106  and photographs of current or former state attorneys, assistant
  107  state attorneys, statewide prosecutors, or assistant statewide
  108  prosecutors; the names, home addresses, telephone numbers,
  109  photographs, dates of birth, and places of employment of the
  110  spouses and children of current or former state attorneys,
  111  assistant state attorneys, statewide prosecutors, or assistant
  112  statewide prosecutors; and the names and locations of schools
  113  and day care facilities attended by the children of current or
  114  former state attorneys, assistant state attorneys, statewide
  115  prosecutors, or assistant statewide prosecutors are exempt from
  116  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  117         g. The home addresses, dates of birth, and telephone
  118  numbers of general magistrates, special magistrates, judges of
  119  compensation claims, administrative law judges of the Division
  120  of Administrative Hearings, and child support enforcement
  121  hearing officers; the names, home addresses, telephone numbers,
  122  dates of birth, and places of employment of the spouses and
  123  children 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; and the names and locations of schools and day
  127  care facilities attended by the children of general magistrates,
  128  special magistrates, judges of compensation claims,
  129  administrative law judges of the Division of Administrative
  130  Hearings, and child support enforcement hearing officers are
  131  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  132  Constitution. This sub-subparagraph is subject to the Open
  133  Government Sunset Review Act in accordance with s. 119.15 and
  134  shall stand repealed on October 2, 2022, unless reviewed and
  135  saved from repeal through reenactment by the Legislature.
  136         h. The home addresses, telephone numbers, dates of birth,
  137  and photographs of current or former human resource, labor
  138  relations, or employee relations directors, assistant directors,
  139  managers, or assistant managers of any local government agency
  140  or water management district whose duties include hiring and
  141  firing employees, labor contract negotiation, administration, or
  142  other personnel-related duties; the names, home addresses,
  143  telephone numbers, dates of birth, and places of employment of
  144  the spouses and children of such personnel; and the names and
  145  locations of schools and day care facilities attended by the
  146  children of such personnel are exempt from s. 119.07(1) and s.
  147  24(a), Art. I of the State Constitution.
  148         i. The home addresses, telephone numbers, dates of birth,
  149  and photographs of current or former code enforcement officers;
  150  the names, home addresses, telephone numbers, dates of birth,
  151  and places of employment of the spouses and children of such
  152  personnel; and the names and locations of schools and day care
  153  facilities attended by the children of such personnel are exempt
  154  from s. 119.07(1) and s. 24(a), Art. I of the State
  155  Constitution.
  156         j. The home addresses, telephone numbers, places of
  157  employment, dates of birth, and photographs of current or former
  158  guardians ad litem, as defined in s. 39.820; the names, home
  159  addresses, telephone numbers, dates of birth, and places of
  160  employment of the spouses and children of such persons; and the
  161  names and locations of schools and day care facilities attended
  162  by the children of such persons are exempt from s. 119.07(1) and
  163  s. 24(a), Art. I of the State Constitution. This sub
  164  subparagraph is subject to the Open Government Sunset Review Act
  165  in accordance with s. 119.15 and shall stand repealed on October
  166  2, 2022, unless reviewed and saved from repeal through
  167  reenactment by the Legislature.
  168         k. The home addresses, telephone numbers, dates of birth,
  169  and photographs of current or former juvenile probation
  170  officers, juvenile probation supervisors, detention
  171  superintendents, assistant detention superintendents, juvenile
  172  justice detention officers I and II, juvenile justice detention
  173  officer supervisors, juvenile justice residential officers,
  174  juvenile justice residential officer supervisors I and II,
  175  juvenile justice counselors, juvenile justice counselor
  176  supervisors, human services counselor administrators, senior
  177  human services counselor administrators, rehabilitation
  178  therapists, and social services counselors of the Department of
  179  Juvenile Justice; the names, home addresses, telephone numbers,
  180  dates of birth, and places of employment of spouses and children
  181  of such personnel; and the names and locations of schools and
  182  day care facilities attended by the children of such personnel
  183  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  184  Constitution.
  185         l. The home addresses, telephone numbers, dates of birth,
  186  and photographs of current or former public defenders, assistant
  187  public defenders, criminal conflict and civil regional counsel,
  188  and assistant criminal conflict and civil regional counsel; the
  189  names, home addresses, telephone numbers, dates of birth, and
  190  places of employment of the spouses and children of current or
  191  former public defenders, assistant public defenders, criminal
  192  conflict and civil regional counsel, and assistant criminal
  193  conflict and civil regional counsel; and the names and locations
  194  of schools and day care facilities attended by the children of
  195  current or former public defenders, assistant public defenders,
  196  criminal conflict and civil regional counsel, and assistant
  197  criminal conflict and civil regional counsel are exempt from s.
  198  119.07(1) and s. 24(a), Art. I of the State Constitution.
  199         m. The home addresses, telephone numbers, dates of birth,
  200  and photographs of current or former investigators or inspectors
  201  of the Department of Business and Professional Regulation; the
  202  names, home addresses, telephone numbers, dates of birth, and
  203  places of employment of the spouses and children of such current
  204  or former investigators and inspectors; and the names and
  205  locations of schools and day care facilities attended by the
  206  children of such current or former investigators and inspectors
  207  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  208  Constitution. This sub-subparagraph is subject to the Open
  209  Government Sunset Review Act in accordance with s. 119.15 and
  210  shall stand repealed on October 2, 2022, unless reviewed and
  211  saved from repeal through reenactment by the Legislature.
  212         n. The home addresses, telephone numbers, and dates of
  213  birth of county tax collectors; the names, home addresses,
  214  telephone numbers, dates of birth, and places of employment of
  215  the spouses and children of such tax collectors; and the names
  216  and locations of schools and day care facilities attended by the
  217  children of such tax collectors are exempt from s. 119.07(1) and
  218  s. 24(a), Art. I of the State Constitution. 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, 2022, unless reviewed and saved from repeal through
  222  reenactment by the Legislature.
  223         o. 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. This sub-subparagraph is subject to the
  236  Open Government Sunset Review Act in accordance with s. 119.15
  237  and shall stand repealed on October 2, 2019, unless reviewed and
  238  saved from repeal through reenactment by the Legislature.
  239         p. The home addresses, telephone numbers, dates of birth,
  240  and photographs of current or former impaired practitioner
  241  consultants who are retained by an agency or current or former
  242  employees of an impaired practitioner consultant whose duties
  243  result in a determination of a person’s skill and safety to
  244  practice a licensed profession; the names, home addresses,
  245  telephone numbers, dates of birth, and places of employment of
  246  the spouses and children of such consultants or their employees;
  247  and the names and locations of schools and day care facilities
  248  attended by the children of such consultants or employees are
  249  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  250  Constitution. This sub-subparagraph is subject to the Open
  251  Government Sunset Review Act in accordance with s. 119.15 and
  252  shall stand repealed on October 2, 2020, unless reviewed and
  253  saved from repeal through reenactment by the Legislature.
  254         q. The home addresses, telephone numbers, dates of birth,
  255  and photographs of current or former emergency medical
  256  technicians or paramedics certified under chapter 401; the
  257  names, home addresses, telephone numbers, dates of birth, and
  258  places of employment of the spouses and children of such
  259  emergency medical technicians or paramedics; and the names and
  260  locations of schools and day care facilities attended by the
  261  children of such emergency medical technicians or paramedics are
  262  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  263  Constitution. This sub-subparagraph is subject to the Open
  264  Government Sunset Review Act in accordance with s. 119.15 and
  265  shall stand repealed on October 2, 2021, unless reviewed and
  266  saved from repeal through reenactment by the Legislature.
  267         r. 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
  278  Constitution. This sub-subparagraph is subject to the Open
  279  Government Sunset Review Act in accordance with s. 119.15 and
  280  shall stand repealed on October 2, 2021, unless reviewed and
  281  saved from repeal through reenactment by the Legislature.
  282         s. The home addresses, telephone numbers, dates of birth,
  283  and photographs of current or former directors, managers,
  284  supervisors, nurses, and clinical employees of an addiction
  285  treatment facility; the home addresses, telephone numbers,
  286  photographs, dates of birth, and places of employment of the
  287  spouses and children of such personnel; and the names and
  288  locations of schools and day care facilities attended by the
  289  children of such personnel are exempt from s. 119.07(1) and s.
  290  24(a), Art. I of the State Constitution. For purposes of this
  291  sub-subparagraph, the term “addiction treatment facility” means
  292  a county government, or agency thereof, that is licensed
  293  pursuant to s. 397.401 and provides substance abuse prevention,
  294  intervention, or clinical treatment, including any licensed
  295  service component described in s. 397.311(26). This sub
  296  subparagraph is subject to the Open Government Sunset Review Act
  297  in accordance with s. 119.15 and shall stand repealed on October
  298  2, 2023, unless reviewed and saved from repeal through
  299  reenactment by the Legislature.
  300         t. The home addresses, telephone numbers, dates of birth,
  301  and photographs of current or former directors, managers,
  302  supervisors, and clinical employees of a child advocacy center
  303  that meets the standards of s. 39.3035(1) and fulfills the
  304  screening requirement of s. 39.3035(2), and the members of a
  305  child protection team as described in s. 39.303 whose duties
  306  include supporting the investigation of child abuse or sexual
  307  abuse, child abandonment, child neglect, and child exploitation
  308  or to provide services as part of a multidisciplinary case
  309  review team; the names, home addresses, telephone numbers,
  310  photographs, dates of birth, and places of employment of the
  311  spouses and children of such personnel and members; and the
  312  names and locations of schools and day care facilities attended
  313  by the children of such personnel and members are exempt from s.
  314  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  315  sub-subparagraph is subject to the Open Government Sunset Review
  316  Act in accordance with s. 119.15 and shall stand repealed on
  317  October 2, 2023, unless reviewed and saved from repeal through
  318  reenactment by the Legislature.
  319         u. The home addresses, telephone numbers, dates of birth,
  320  and photographs of current or former commissioners or commission
  321  investigators of the Commission on Offender Review; the names,
  322  home addresses, telephone numbers, dates of birth, photographs,
  323  and places of employment of the spouses and children of such
  324  current or former commissioners and commission investigators;
  325  and the names and locations of schools and day care facilities
  326  attended by the children of such current or former commissioners
  327  and commission investigators are exempt from s. 119.07(1) and s.
  328  24(a), Art. I of the State Constitution. This sub-subparagraph
  329  is subject to the Open Government Sunset Review Act in
  330  accordance with s. 119.15 and shall stand repealed on October 2,
  331  2024, unless reviewed and saved from repeal through reenactment
  332  by the Legislature.
  333         v.The home addresses, telephone numbers, and dates of
  334  birth of school administrators as described in 1012.01(3)(c),
  335  the names, home addresses, telephone numbers, dates of birth,
  336  and places of employment of the spouses and children of school
  337  administrators, and the names and locations of schools and day
  338  care facilities attended by the children of school
  339  administrators are exempt from s. 119.07(1) and s. 24(a), Art. I
  340  of the State Constitution. This sub-subparagraph is subject to
  341  the Open Government Sunset Review Act in accordance with s.
  342  119.15 and shall stand repealed on October 2, 2024, unless
  343  reviewed and saved from repeal through reenactment by the
  344  Legislature.
  345         3. An agency that is the custodian of the information
  346  specified in subparagraph 2. and that is not the employer of the
  347  officer, employee, justice, judge, or other person specified in
  348  subparagraph 2. shall maintain the exempt status of that
  349  information only if the officer, employee, justice, judge, other
  350  person, or employing agency of the designated employee submits a
  351  written request for maintenance of the exemption to the
  352  custodial agency.
  353         4. The exemptions in this paragraph apply to information
  354  held by an agency before, on, or after the effective date of the
  355  exemption.
  356         Section 2. (1)(a)The Legislature finds that it is a public
  357  necessity to exempt from public records requirements the home
  358  addresses, telephone numbers, dates of birth, and photographs of
  359  current or former commissioners or commission investigators of
  360  the Commission on Offender Review; the names, home addresses,
  361  telephone numbers, dates of birth, photographs, and places of
  362  employment of the spouses and children of such current or former
  363  commissioners and commission investigators; and the names and
  364  locations of schools and day care facilities attended by the
  365  children of such current or former commissioners and commission
  366  investigators.
  367         (b) The efforts of commissioners and commission
  368  investigators can have a direct effect on which persons are
  369  placed on parole or released on conditional medical release; on
  370  the terms and conditions of those persons released on parole,
  371  conditional release, conditional medical release, or addiction
  372  recovery supervision; and on the determination of whether a
  373  releasee has violated the terms of his or her parole. The
  374  Legislature finds that the release of such personal identifying
  375  information and location information might place these personnel
  376  of the Commission on Offender Review and their family members in
  377  danger of physical and emotional harm by disgruntled individuals
  378  who react contentiously to actions taken by such personnel. The
  379  Legislature further finds that the harm that may result from the
  380  release of such personal identifying and location information
  381  outweighs any public benefit that may be derived from the
  382  disclosure of such information.
  383         (2)(a)The Legislature finds that it is a public necessity
  384  to exempt from public records requirements the home addresses,
  385  telephone numbers, and dates of birth of school administrators;
  386  the places of employment of the spouses and children of school
  387  administrators; and the names and locations of schools and day
  388  care facilities attended by the children of school
  389  administrators.
  390         (b)School administrators are charged with making decisions
  391  related to the discipline, suspension, or expulsion of students;
  392  reporting the presence of illicit substances on campus;
  393  reporting attendance issues that may result in the suspension of
  394  a student’s driving privileges; or sanctions against the parents
  395  of truant students. The efforts of school administrators affect
  396  the academic placement of students, their promotion between
  397  grades, and their graduation. Such efforts include the reporting
  398  of students’ absences, incidents of misbehavior, and students’
  399  academic achievements to the district superintendent. The
  400  efforts of school administrators also affect the employment of
  401  school personnel and can result in the transfer or suspension of
  402  employees. The Legislature finds that the release of such
  403  personal identifying information and location information might
  404  place these school administrators and their family members in
  405  danger of physical and emotional harm by disgruntled individuals
  406  who react contentiously to actions taken by such personnel. The
  407  Legislature further finds that the harm that may result from the
  408  release of such personal identifying and location information
  409  outweighs any public benefit that may be derived from the
  410  disclosure of such information.
  411         Section 3. This act shall take effect upon becoming a law.