Bill Text: FL S0312 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pub. Rec./Public Defenders/Regional Counsel [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-06-01 - Approved by Governor; Chapter No. 2010-171 [S0312 Detail]

Download: Florida-2010-S0312-Introduced.html

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Florida Senate - 2010                                     SB 312 
 
By Senator Jones 
13-00415-10                                            2010312__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         119.071, F.S.; creating a public-records exemption for 
4         specified personal information of current and former 
5         public defenders and criminal conflict and civil 
6         regional counsel, as well as their spouses and 
7         children; providing for future legislative review 
8         repeal of the exemption under the Open Government 
9         Sunset Review Act; providing a statement of public 
10         necessity; providing an effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Paragraph (d) of subsection (4) of section 
15  119.071, Florida Statutes, is amended to read: 
16         119.071 General exemptions from inspection or copying of 
17  public records.— 
18         (4) AGENCY PERSONNEL INFORMATION.— 
19         (d)1.a. The home addresses, telephone numbers, social 
20  security numbers, and photographs of active or former law 
21  enforcement personnel, including correctional and correctional 
22  probation officers, personnel of the Department of Children and 
23  Family Services whose duties include the investigation of abuse, 
24  neglect, exploitation, fraud, theft, or other criminal 
25  activities, personnel of the Department of Health whose duties 
26  are to support the investigation of child abuse or neglect, and 
27  personnel of the Department of Revenue or local governments 
28  whose responsibilities include revenue collection and 
29  enforcement or child support enforcement; the home addresses, 
30  telephone numbers, social security numbers, photographs, and 
31  places of employment of the spouses and children of such 
32  personnel; and the names and locations of schools and day care 
33  facilities attended by the children of such personnel are exempt 
34  from s. 119.07(1). 
35         b. The home addresses, telephone numbers, and photographs 
36  of firefighters certified in compliance with s. 633.35; the home 
37  addresses, telephone numbers, photographs, and places of 
38  employment of the spouses and children of such firefighters; and 
39  the names and locations of schools and day care facilities 
40  attended by the children of such firefighters are exempt from s. 
41  119.07(1). 
42         c. The home addresses and telephone numbers of justices of 
43  the Supreme Court, district court of appeal judges, circuit 
44  court judges, and county court judges; the home addresses, 
45  telephone numbers, and places of employment of the spouses and 
46  children of justices and judges; and the names and locations of 
47  schools and day care facilities attended by the children of 
48  justices and judges are exempt from s. 119.07(1). 
49         d. The home addresses, telephone numbers, social security 
50  numbers, and photographs of current or former state attorneys, 
51  assistant state attorneys, statewide prosecutors, or assistant 
52  statewide prosecutors; the home addresses, telephone numbers, 
53  social security numbers, photographs, and places of employment 
54  of the spouses and children of current or former state 
55  attorneys, assistant state attorneys, statewide prosecutors, or 
56  assistant statewide prosecutors; and the names and locations of 
57  schools and day care facilities attended by the children of 
58  current or former state attorneys, assistant state attorneys, 
59  statewide prosecutors, or assistant statewide prosecutors are 
60  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
61  Constitution. 
62         e. The home addresses and telephone numbers of general 
63  magistrates, special magistrates, judges of compensation claims, 
64  administrative law judges of the Division of Administrative 
65  Hearings, and child support enforcement hearing officers; the 
66  home addresses, telephone numbers, and places of employment of 
67  the spouses and children of general magistrates, special 
68  magistrates, judges of compensation claims, administrative law 
69  judges of the Division of Administrative Hearings, and child 
70  support enforcement hearing officers; and the names and 
71  locations of schools and day care facilities attended by the 
72  children of general magistrates, special magistrates, judges of 
73  compensation claims, administrative law judges of the Division 
74  of Administrative Hearings, and child support enforcement 
75  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. 
76  I of the State Constitution if the general magistrate, special 
77  magistrate, judge of compensation claims, administrative law 
78  judge of the Division of Administrative Hearings, or child 
79  support hearing officer provides a written statement that the 
80  general magistrate, special magistrate, judge of compensation 
81  claims, administrative law judge of the Division of 
82  Administrative Hearings, or child support hearing officer has 
83  made reasonable efforts to protect such information from being 
84  accessible through other means available to the public. This 
85  sub-subparagraph is subject to the Open Government Sunset Review 
86  Act in accordance with s. 119.15, and shall stand repealed on 
87  October 2, 2013, unless reviewed and saved from repeal through 
88  reenactment by the Legislature. 
89         f. The home addresses, telephone numbers, and photographs 
90  of current or former human resource, labor relations, or 
91  employee relations directors, assistant directors, managers, or 
92  assistant managers of any local government agency or water 
93  management district whose duties include hiring and firing 
94  employees, labor contract negotiation, administration, or other 
95  personnel-related duties; the names, home addresses, telephone 
96  numbers, and places of employment of the spouses and children of 
97  such personnel; and the names and locations of schools and day 
98  care facilities attended by the children of such personnel are 
99  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
100  Constitution. 
101         g. The home addresses, telephone numbers, and photographs 
102  of current or former code enforcement officers; the names, home 
103  addresses, telephone numbers, and places of employment of the 
104  spouses and children of such personnel; and the names and 
105  locations of schools and day care facilities attended by the 
106  children of such personnel are exempt from s. 119.07(1) and s. 
107  24(a), Art. I of the State Constitution. 
108         h. The home addresses, telephone numbers, places of 
109  employment, and photographs of current or former guardians ad 
110  litem, as defined in s. 39.820, and the names, home addresses, 
111  telephone numbers, and places of employment of the spouses and 
112  children of such persons, are exempt from s. 119.07(1) and s. 
113  24(a), Art. I of the State Constitution, if the guardian ad 
114  litem provides a written statement that the guardian ad litem 
115  has made reasonable efforts to protect such information from 
116  being accessible through other means available to the public. 
117  This sub-subparagraph is subject to the Open Government Sunset 
118  Review Act in accordance with s. 119.15 and shall stand repealed 
119  on October 2, 2010, unless reviewed and saved from repeal 
120  through reenactment by the Legislature. 
121         i. The home addresses, telephone numbers, and photographs 
122  of current or former juvenile probation officers, juvenile 
123  probation supervisors, detention superintendents, assistant 
124  detention superintendents, senior juvenile detention officers, 
125  juvenile detention officer supervisors, juvenile detention 
126  officers, house parents I and II, house parent supervisors, 
127  group treatment leaders, group treatment leader supervisors, 
128  rehabilitation therapists, and social services counselors of the 
129  Department of Juvenile Justice; the names, home addresses, 
130  telephone numbers, and places of employment of spouses and 
131  children of such personnel; and the names and locations of 
132  schools and day care facilities attended by the children of such 
133  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 
134  the State Constitution. This sub-subparagraph is subject to the 
135  Open Government Sunset Review Act in accordance with s. 119.15 
136  and shall stand repealed on October 2, 2011, unless reviewed and 
137  saved from repeal through reenactment by the Legislature. 
138         j. The home addresses, telephone numbers, and photographs 
139  of current or former public defenders, assistant public 
140  defenders, criminal conflict and civil regional counsel, and 
141  assistant criminal conflict and civil regional counsel; the home 
142  addresses, telephone numbers, social security numbers, 
143  photographs, and places of employment of the spouses and 
144  children of current or former public defenders, assistant public 
145  defenders, criminal conflict and civil regional counsel, and 
146  assistant criminal conflict and civil regional counsel; and the 
147  names and locations of schools and day care facilities attended 
148  by the children of current or former public defenders, assistant 
149  public defenders, criminal conflict and civil regional counsel, 
150  and assistant criminal conflict and civil regional counsel are 
151  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
152  Constitution. This sub-subparagraph is subject to the Open 
153  Government Sunset Review Act in accordance with s. 119.15 and 
154  shall stand repealed on October 2, 2015, unless reviewed and 
155  saved from repeal through reenactment by the Legislature. 
156         2. An agency that is the custodian of the information 
157  specified in subparagraph 1. and that is not the employer of the 
158  officer, employee, justice, judge, or other person specified in 
159  subparagraph 1. shall maintain the exempt status of that 
160  information only if the officer, employee, justice, judge, other 
161  person, or employing agency of the designated employee submits a 
162  written request for maintenance of the exemption to the 
163  custodial agency. 
164         Section 2. The Legislature finds that it is a public 
165  necessity to exempt specified personal information relating to 
166  current and former public defenders, assistant public defenders, 
167  criminal conflict and civil regional counsel, and assistant 
168  criminal conflict and civil regional counsel, as well as their 
169  spouses and children, from disclosure under the public-records 
170  laws of the state. In the course of representing defendants in 
171  criminal prosecutions, these attorneys routinely interact with 
172  individuals who have criminal records or are currently engaged 
173  in, or suspected of, criminal activity. These attorneys also 
174  interact with the victims of crimes. In addition, criminal 
175  conflict and civil regional counsel and their assistants also 
176  provide representation in sensitive civil matters, such as those 
177  in which a person’s parental rights may be terminated based on 
178  allegations of perpetrating abuse and neglect against a child. 
179  By providing legal representation in criminal and civil matters, 
180  these attorneys provide a valuable service. However, individuals 
181  may become disgruntled by the proceedings or the outcome of a 
182  criminal or civil case, which could result in these attorneys 
183  and their families becoming targets for acts of violence. 
184  Disclosure of the information protected by the public-records 
185  exemption created by this act would jeopardize the safety of 
186  these attorneys and their families. Therefore, it is a public 
187  necessity to exempt from disclosure the home addresses, 
188  telephone numbers, and photographs of current or former public 
189  defenders, assistant public defenders, criminal conflict and 
190  civil regional counsel, and assistant criminal conflict and 
191  civil regional counsel; the home addresses, telephone numbers, 
192  social security numbers, photographs, and places of employment 
193  of the spouses and children of current or former public 
194  defenders, assistant public defenders, criminal conflict and 
195  civil regional counsel, and assistant criminal conflict and 
196  civil regional counsel; and the names and locations of schools 
197  and day care facilities attended by the children of current or 
198  former public defenders, assistant public defenders, criminal 
199  conflict and civil regional counsel, and assistant criminal 
200  conflict and civil regional counsel. 
201         Section 3. This act shall take effect July 1, 2010.