Florida Senate - 2020                                     SB 128
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00068-20                                            2020128__
    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 certain identifying and
    5         location information of current and former judicial
    6         assistants and their spouses and children; providing a
    7         statement of public necessity; providing an effective
    8         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:
   18         a. “Home addresses” means the dwelling location at which an
   19  individual resides and includes the physical address, mailing
   20  address, street address, parcel identification number, plot
   21  identification number, legal property description, neighborhood
   22  name and lot number, GPS coordinates, and any other descriptive
   23  property information that may reveal the home address.
   24         b. “Telephone numbers” includes home telephone numbers,
   25  personal cellular telephone numbers, personal pager telephone
   26  numbers, and telephone numbers associated with personal
   27  communications devices.
   28         2.a. The home addresses, telephone numbers, dates of birth,
   29  and photographs of active or former sworn law enforcement
   30  personnel or of active or former civilian personnel employed by
   31  a law enforcement agency, including correctional and
   32  correctional probation officers, personnel of the Department of
   33  Children and Families whose duties include the investigation of
   34  abuse, neglect, exploitation, fraud, theft, or other criminal
   35  activities, personnel of the Department of Health whose duties
   36  are to support the investigation of child abuse or neglect, and
   37  personnel of the Department of Revenue or local governments
   38  whose responsibilities include revenue collection and
   39  enforcement or child support enforcement; the names, home
   40  addresses, telephone numbers, photographs, dates of birth, and
   41  places of employment of the spouses and children of such
   42  personnel; and the names and locations of schools and day care
   43  facilities attended by the children of such personnel are exempt
   44  from s. 119.07(1) and s. 24(a), Art. I of the State
   45  Constitution.
   46         b. The home addresses, telephone numbers, dates of birth,
   47  and photographs of current or former nonsworn investigative
   48  personnel of the Department of Financial Services whose duties
   49  include the investigation of fraud, theft, workers’ compensation
   50  coverage requirements and compliance, other related criminal
   51  activities, or state regulatory requirement violations; the
   52  names, home addresses, telephone numbers, dates of birth, and
   53  places of employment of the spouses and children of such
   54  personnel; and the names and locations of schools and day care
   55  facilities attended by the children of such personnel are exempt
   56  from s. 119.07(1) and s. 24(a), Art. I of the State
   57  Constitution.
   58         c. The home addresses, telephone numbers, dates of birth,
   59  and photographs of current or former nonsworn investigative
   60  personnel of the Office of Financial Regulation’s Bureau of
   61  Financial Investigations whose duties include the investigation
   62  of fraud, theft, other related criminal activities, or state
   63  regulatory requirement violations; the names, home addresses,
   64  telephone numbers, dates of birth, and places of employment of
   65  the spouses and children of such personnel; and the names and
   66  locations of schools and day care facilities attended by the
   67  children of such personnel are exempt from s. 119.07(1) and s.
   68  24(a), Art. I of the State Constitution.
   69         d. The home addresses, telephone numbers, dates of birth,
   70  and photographs of current or former firefighters certified in
   71  compliance with s. 633.408; the names, home addresses, telephone
   72  numbers, photographs, dates of birth, and places of employment
   73  of the spouses and children of such firefighters; and the names
   74  and locations of schools and day care facilities attended by the
   75  children of such firefighters are exempt from s. 119.07(1) and
   76  s. 24(a), Art. I of the State Constitution.
   77         e. The home addresses, dates of birth, and telephone
   78  numbers of current or former justices of the Supreme Court,
   79  district court of appeal judges, circuit court judges, and
   80  county court judges, and judicial assistants; the names, home
   81  addresses, telephone numbers, dates of birth, and places of
   82  employment of the spouses and children of current or former
   83  justices, and judges, and judicial assistants; and the names and
   84  locations of schools and day care facilities attended by the
   85  children of current or former justices, and judges, and judicial
   86  assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of
   87  the State Constitution.
   88         f. The home addresses, telephone numbers, dates of birth,
   89  and photographs of current or former state attorneys, assistant
   90  state attorneys, statewide prosecutors, or assistant statewide
   91  prosecutors; the names, home addresses, telephone numbers,
   92  photographs, dates of birth, and places of employment of the
   93  spouses and children of current or former state attorneys,
   94  assistant state attorneys, statewide prosecutors, or assistant
   95  statewide prosecutors; and the names and locations of schools
   96  and day care facilities attended by the children of current or
   97  former state attorneys, assistant state attorneys, statewide
   98  prosecutors, or assistant statewide prosecutors are exempt from
   99  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  100         g. The home addresses, dates of birth, and telephone
  101  numbers of general magistrates, special magistrates, judges of
  102  compensation claims, administrative law judges of the Division
  103  of Administrative Hearings, and child support enforcement
  104  hearing officers; the names, home addresses, telephone numbers,
  105  dates of birth, and places of employment of the spouses and
  106  children of general magistrates, special magistrates, judges of
  107  compensation claims, administrative law judges of the Division
  108  of Administrative Hearings, and child support enforcement
  109  hearing officers; and the names and locations of schools and day
  110  care facilities attended by the children of general magistrates,
  111  special magistrates, judges of compensation claims,
  112  administrative law judges of the Division of Administrative
  113  Hearings, and child support enforcement hearing officers are
  114  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  115  Constitution.
  116         h. The home addresses, telephone numbers, dates of birth,
  117  and photographs of current or former human resource, labor
  118  relations, or employee relations directors, assistant directors,
  119  managers, or assistant managers of any local government agency
  120  or water management district whose duties include hiring and
  121  firing employees, labor contract negotiation, administration, or
  122  other personnel-related duties; the names, home addresses,
  123  telephone numbers, dates of birth, and places of employment of
  124  the spouses and children of such personnel; and the names and
  125  locations of schools and day care facilities attended by the
  126  children of such personnel are exempt from s. 119.07(1) and s.
  127  24(a), Art. I of the State Constitution.
  128         i. The home addresses, telephone numbers, dates of birth,
  129  and photographs of current or former code enforcement officers;
  130  the names, home addresses, telephone numbers, dates of birth,
  131  and places of employment of the spouses and children of such
  132  personnel; and the names and locations of schools and day care
  133  facilities attended by the children of such personnel are exempt
  134  from s. 119.07(1) and s. 24(a), Art. I of the State
  135  Constitution.
  136         j. The home addresses, telephone numbers, places of
  137  employment, dates of birth, and photographs of current or former
  138  guardians ad litem, as defined in s. 39.820; the names, home
  139  addresses, telephone numbers, dates of birth, and places of
  140  employment of the spouses and children of such persons; and the
  141  names and locations of schools and day care facilities attended
  142  by the children of such persons are exempt from s. 119.07(1) and
  143  s. 24(a), Art. I of the State Constitution.
  144         k. The home addresses, telephone numbers, dates of birth,
  145  and photographs of current or former juvenile probation
  146  officers, juvenile probation supervisors, detention
  147  superintendents, assistant detention superintendents, juvenile
  148  justice detention officers I and II, juvenile justice detention
  149  officer supervisors, juvenile justice residential officers,
  150  juvenile justice residential officer supervisors I and II,
  151  juvenile justice counselors, juvenile justice counselor
  152  supervisors, human services counselor administrators, senior
  153  human services counselor administrators, rehabilitation
  154  therapists, and social services counselors of the Department of
  155  Juvenile Justice; the names, home addresses, telephone numbers,
  156  dates of birth, and places of employment of spouses and children
  157  of such personnel; and the names and locations of schools and
  158  day care facilities attended by the children of such personnel
  159  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  160  Constitution.
  161         l. The home addresses, telephone numbers, dates of birth,
  162  and photographs of current or former public defenders, assistant
  163  public defenders, criminal conflict and civil regional counsel,
  164  and assistant criminal conflict and civil regional counsel; the
  165  names, home addresses, telephone numbers, dates of birth, and
  166  places of employment of the spouses and children of current or
  167  former public defenders, assistant public defenders, criminal
  168  conflict and civil regional counsel, and assistant criminal
  169  conflict and civil regional counsel; and the names and locations
  170  of schools and day care facilities attended by the children of
  171  current or former public defenders, assistant public defenders,
  172  criminal conflict and civil regional counsel, and assistant
  173  criminal conflict and civil regional counsel are exempt from s.
  174  119.07(1) and s. 24(a), Art. I of the State Constitution.
  175         m. The home addresses, telephone numbers, dates of birth,
  176  and photographs of current or former investigators or inspectors
  177  of the Department of Business and Professional Regulation; the
  178  names, home addresses, telephone numbers, dates of birth, and
  179  places of employment of the spouses and children of such current
  180  or former investigators and inspectors; and the names and
  181  locations of schools and day care facilities attended by the
  182  children of such current or former investigators and inspectors
  183  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  184  Constitution.
  185         n. The home addresses, telephone numbers, and dates of
  186  birth of county tax collectors; the names, home addresses,
  187  telephone numbers, dates of birth, and places of employment of
  188  the spouses and children of such tax collectors; and the names
  189  and locations of schools and day care facilities attended by the
  190  children of such tax collectors are exempt from s. 119.07(1) and
  191  s. 24(a), Art. I of the State Constitution.
  192         o. The home addresses, telephone numbers, dates of birth,
  193  and photographs of current or former personnel of the Department
  194  of Health whose duties include, or result in, the determination
  195  or adjudication of eligibility for social security disability
  196  benefits, the investigation or prosecution of complaints filed
  197  against health care practitioners, or the inspection of health
  198  care practitioners or health care facilities licensed by the
  199  Department of Health; the names, home addresses, telephone
  200  numbers, dates of birth, and places of employment of the spouses
  201  and children of such personnel; and the names and locations of
  202  schools and day care facilities attended by the children of such
  203  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  204  the State Constitution.
  205         p. The home addresses, telephone numbers, dates of birth,
  206  and photographs of current or former impaired practitioner
  207  consultants who are retained by an agency or current or former
  208  employees of an impaired practitioner consultant whose duties
  209  result in a determination of a person’s skill and safety to
  210  practice a licensed profession; the names, home addresses,
  211  telephone numbers, dates of birth, and places of employment of
  212  the spouses and children of such consultants or their employees;
  213  and the names and locations of schools and day care facilities
  214  attended by the children of such consultants or employees are
  215  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  216  Constitution.
  217         q. The home addresses, telephone numbers, dates of birth,
  218  and photographs of current or former emergency medical
  219  technicians or paramedics certified under chapter 401; the
  220  names, home addresses, telephone numbers, dates of birth, and
  221  places of employment of the spouses and children of such
  222  emergency medical technicians or paramedics; and the names and
  223  locations of schools and day care facilities attended by the
  224  children of such emergency medical technicians or paramedics are
  225  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  226  Constitution.
  227         r. The home addresses, telephone numbers, dates of birth,
  228  and photographs of current or former personnel employed in an
  229  agency’s office of inspector general or internal audit
  230  department whose duties include auditing or investigating waste,
  231  fraud, abuse, theft, exploitation, or other activities that
  232  could lead to criminal prosecution or administrative discipline;
  233  the names, home addresses, telephone numbers, dates of birth,
  234  and places of employment of spouses and children of such
  235  personnel; and the names and locations of schools and day care
  236  facilities attended by the children of such personnel are exempt
  237  from s. 119.07(1) and s. 24(a), Art. I of the State
  238  Constitution.
  239         s. The home addresses, telephone numbers, dates of birth,
  240  and photographs of current or former directors, managers,
  241  supervisors, nurses, and clinical employees of an addiction
  242  treatment facility; the home addresses, telephone numbers,
  243  photographs, dates of birth, and places of employment of the
  244  spouses and children of such personnel; and the names and
  245  locations of schools and day care facilities attended by the
  246  children of such personnel are exempt from s. 119.07(1) and s.
  247  24(a), Art. I of the State Constitution. For purposes of this
  248  sub-subparagraph, the term “addiction treatment facility” means
  249  a county government, or agency thereof, that is licensed
  250  pursuant to s. 397.401 and provides substance abuse prevention,
  251  intervention, or clinical treatment, including any licensed
  252  service component described in s. 397.311(26).
  253         t. The home addresses, telephone numbers, dates of birth,
  254  and photographs of current or former directors, managers,
  255  supervisors, and clinical employees of a child advocacy center
  256  that meets the standards of s. 39.3035(1) and fulfills the
  257  screening requirement of s. 39.3035(2), and the members of a
  258  Child Protection Team as described in s. 39.303 whose duties
  259  include supporting the investigation of child abuse or sexual
  260  abuse, child abandonment, child neglect, and child exploitation
  261  or to provide services as part of a multidisciplinary case
  262  review team; the names, home addresses, telephone numbers,
  263  photographs, dates of birth, and places of employment of the
  264  spouses and children of such personnel and members; and the
  265  names and locations of schools and day care facilities attended
  266  by the children of such personnel and members are exempt from s.
  267  119.07(1) and s. 24(a), Art. I of the State Constitution.
  268         3. An agency that is the custodian of the information
  269  specified in subparagraph 2. and that is not the employer of the
  270  officer, employee, justice, judge, or other person specified in
  271  subparagraph 2. shall maintain the exempt status of that
  272  information only if the officer, employee, justice, judge, other
  273  person, or employing agency of the designated employee submits a
  274  written request for maintenance of the exemption to the
  275  custodial agency.
  276         4. An officer, an employee, a justice, a judge, or other
  277  person specified in subparagraph 2. may submit a written request
  278  for the release of his or her exempt information to the
  279  custodial agency. The written request must be notarized and must
  280  specify the information to be released and the party that is
  281  authorized to receive the information. Upon receipt of the
  282  written request, the custodial agency shall release the
  283  specified information to the party authorized to receive such
  284  information.
  285         5. The exemptions in this paragraph apply to information
  286  held by an agency before, on, or after the effective date of the
  287  exemption.
  288         6. This paragraph is subject to the Open Government Sunset
  289  Review Act in accordance with s. 119.15 and shall stand repealed
  290  on October 2, 2024, unless reviewed and saved from repeal
  291  through reenactment by the Legislature.
  292         Section 2. The Legislature finds that it is a public
  293  necessity that the home addresses, dates of birth, and telephone
  294  numbers of current or former judicial assistants; the names,
  295  home addresses, telephone numbers, dates of birth, and places of
  296  employment of the spouses and children of such judicial
  297  assistants; and the names and locations of schools and day care
  298  facilities attended by the children of such judicial assistants
  299  be made exempt from s. 119.07(1), Florida Statutes, and s.
  300  24(a), Article I of the State Constitution. Such identifying and
  301  location information can be used as a tool to perpetuate fraud
  302  against an individual and to acquire sensitive personal,
  303  financial, medical, and familial information, the release of
  304  which could cause great financial harm to the individual. In the
  305  course of assisting in making rulings, entering judgments,
  306  imposing sentences, or reviewing cases, judicial assistants
  307  frequently do not create good will with litigants, the accused,
  308  the convicted, and their associates and families, thus making
  309  the judicial assistants, and their spouses and children, targets
  310  for acts of revenge. This risk continues after judicial
  311  assistants complete their public service. Disgruntled
  312  individuals may wait to commit an act of revenge until the
  313  employment of a judicial assistant ends. If such identifying and
  314  location information is released, the safety of current or
  315  former judicial assistants and their spouses and children could
  316  be seriously jeopardized. For these reasons, the Legislature
  317  finds that it is a public necessity that such information be
  318  made exempt from public records requirements.
  319         Section 3. This act shall take effect July 1, 2020.