ENROLLED 2010 Legislature CS for SB 312 2010312er 1 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 and 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, and places of employment of the 143 spouses and children of such defenders or counsel; and the names 144 and locations of schools and day care facilities attended by the 145 children of such defenders or counsel are exempt from s. 146 119.07(1) and s. 24(a), Art. I of the State Constitution. This 147 sub-subparagraph is subject to the Open Government Sunset Review 148 Act in accordance with s. 119.15 and shall stand repealed on 149 October 2, 2015, unless reviewed and saved from repeal through 150 reenactment by the Legislature. 151 2. An agency that is the custodian of the information 152 specified in subparagraph 1. and that is not the employer of the 153 officer, employee, justice, judge, or other person specified in 154 subparagraph 1. shall maintain the exempt status of that 155 information only if the officer, employee, justice, judge, other 156 person, or employing agency of the designated employee submits a 157 written request for maintenance of the exemption to the 158 custodial agency. 159 Section 2. The Legislature finds that it is a public 160 necessity to exempt specified personal information relating to 161 current and former public defenders, assistant public defenders, 162 criminal conflict and civil regional counsel, and assistant 163 criminal conflict and civil regional counsel, as well as their 164 spouses and children, from disclosure under the public-records 165 laws of the state. In the course of representing defendants in 166 criminal prosecutions, these attorneys routinely interact with 167 individuals who have criminal records or who are currently 168 engaged in or suspected of criminal activity. These attorneys 169 also interact with the victims of crimes. In addition, criminal 170 conflict and civil regional counsel and their assistants also 171 provide representation in sensitive civil matters, such as those 172 in which a person’s parental rights may be terminated based on 173 allegations of perpetrating abuse and neglect against a child. 174 By providing legal representation in criminal and civil matters, 175 these attorneys provide a valuable service. However, individuals 176 may become disgruntled by the proceedings or the outcome of a 177 criminal or civil case, which could result in these attorneys 178 and their families becoming targets for acts of violence. 179 Disclosure of the information protected by the public-records 180 exemption created by this act would jeopardize the safety of 181 these attorneys and their families. Therefore, it is a public 182 necessity to exempt from disclosure the home addresses, 183 telephone numbers, and photographs of current or former public 184 defenders, assistant public defenders, criminal conflict and 185 civil regional counsel, and assistant criminal conflict and 186 civil regional counsel; the home addresses, telephone numbers, 187 and places of employment of the spouses and children of such 188 defenders or counsel; and the names and locations of schools and 189 day care facilities attended by the children of such defenders 190 or counsel. 191 Section 3. This act shall take effect July 1, 2010.