Bill Text: FL S0414 | 2014 | Regular Session | Introduced

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

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Bill Title: Public Records/Animal Researchers

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 993 (Ch. 2014-37) [S0414 Detail]

Download: Florida-2014-S0414-Introduced.html

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       Florida Senate - 2014                                     SB 414
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00359-14                                             2014414__
    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 personal identifying
    5         information of current and former researchers whose
    6         duties include or included experimenting on animals
    7         for the purpose of conducting life-sustaining medical
    8         research at a public research facility, including a
    9         university; providing for future review and repeal of
   10         the exemption under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15                                                                  
   16         Section 1. Paragraph (d) of subsection (4) of section
   17  119.071, Florida Statutes, is amended to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (4) AGENCY PERSONNEL INFORMATION.—
   21         (d)1. For purposes of this paragraph, the term “telephone
   22  numbers” includes home telephone numbers, personal cellular
   23  telephone numbers, personal pager telephone numbers, and
   24  telephone numbers associated with personal communications
   25  devices.
   26         2.a.(I) The home addresses, telephone numbers, social
   27  security numbers, dates of birth, and photographs of active or
   28  former sworn or civilian law enforcement personnel, including
   29  correctional and correctional probation officers, personnel of
   30  the Department of Children and Families whose duties include the
   31  investigation of abuse, neglect, exploitation, fraud, theft, or
   32  other criminal activities, personnel of the Department of Health
   33  whose duties are to support the investigation of child abuse or
   34  neglect, and personnel of the Department of Revenue or local
   35  governments whose responsibilities include revenue collection
   36  and enforcement or child support enforcement; the home
   37  addresses, telephone numbers, social security numbers,
   38  photographs, dates of birth, and places of employment of the
   39  spouses and children of such personnel; and the names and
   40  locations of schools and day care facilities attended by the
   41  children of such personnel are exempt from s. 119.07(1).
   42         (II) The names of the spouses and children of active or
   43  former sworn or civilian law enforcement personnel and the other
   44  specified agency personnel identified in sub-sub-subparagraph
   45  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   46  State Constitution.
   47         (III) Sub-sub-subparagraph (II) is subject to the Open
   48  Government Sunset Review Act in accordance with s. 119.15, and
   49  shall stand repealed on October 2, 2018, unless reviewed and
   50  saved from repeal through reenactment by the Legislature.
   51         b. The home addresses, telephone numbers, dates of birth,
   52  and photographs of firefighters certified in compliance with s.
   53  633.408; the home addresses, telephone numbers, photographs,
   54  dates of birth, and places of employment of the spouses and
   55  children of such firefighters; and the names and locations of
   56  schools and day care facilities attended by the children of such
   57  firefighters are exempt from s. 119.07(1).
   58         c. The home addresses, dates of birth, and telephone
   59  numbers of current or former justices of the Supreme Court,
   60  district court of appeal judges, circuit court judges, and
   61  county court judges; the home addresses, telephone numbers,
   62  dates of birth, and places of employment of the spouses and
   63  children of current or former justices and judges; and the names
   64  and locations of schools and day care facilities attended by the
   65  children of current or former justices and judges are exempt
   66  from s. 119.07(1).
   67         d.(I) The home addresses, telephone numbers, social
   68  security numbers, dates of birth, and photographs of current or
   69  former state attorneys, assistant state attorneys, statewide
   70  prosecutors, or assistant statewide prosecutors; the home
   71  addresses, telephone numbers, social security numbers,
   72  photographs, dates of birth, and places of employment of the
   73  spouses and children of current or former state attorneys,
   74  assistant state attorneys, statewide prosecutors, or assistant
   75  statewide prosecutors; and the names and locations of schools
   76  and day care facilities attended by the children of current or
   77  former state attorneys, assistant state attorneys, statewide
   78  prosecutors, or assistant statewide prosecutors are exempt from
   79  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   80         (II) The names of the spouses and children of current or
   81  former state attorneys, assistant state attorneys, statewide
   82  prosecutors, or assistant statewide prosecutors are exempt from
   83  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   84         (III) Sub-sub-subparagraph (II) is subject to the Open
   85  Government Sunset Review Act in accordance with s. 119.15, and
   86  shall stand repealed on October 2, 2018, unless reviewed and
   87  saved from repeal through reenactment by the Legislature.
   88         e. The home addresses, dates of birth, and telephone
   89  numbers of general magistrates, special magistrates, judges of
   90  compensation claims, administrative law judges of the Division
   91  of Administrative Hearings, and child support enforcement
   92  hearing officers; the home addresses, telephone numbers, dates
   93  of birth, and places of employment of the spouses and children
   94  of general magistrates, special magistrates, judges of
   95  compensation claims, administrative law judges of the Division
   96  of Administrative Hearings, and child support enforcement
   97  hearing officers; and the names and locations of schools and day
   98  care facilities attended by the children of general magistrates,
   99  special magistrates, judges of compensation claims,
  100  administrative law judges of the Division of Administrative
  101  Hearings, and child support enforcement hearing officers are
  102  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  103  Constitution if the general magistrate, special magistrate,
  104  judge of compensation claims, administrative law judge of the
  105  Division of Administrative Hearings, or child support hearing
  106  officer provides a written statement that the general
  107  magistrate, special magistrate, judge of compensation claims,
  108  administrative law judge of the Division of Administrative
  109  Hearings, or child support hearing officer has made reasonable
  110  efforts to protect such information from being accessible
  111  through other means available to the public.
  112         f. The home addresses, telephone numbers, dates of birth,
  113  and photographs of current or former human resource, labor
  114  relations, or employee relations directors, assistant directors,
  115  managers, or assistant managers of any local government agency
  116  or water management district whose duties include hiring and
  117  firing employees, labor contract negotiation, administration, or
  118  other personnel-related duties; the names, home addresses,
  119  telephone numbers, dates of birth, and places of employment of
  120  the spouses and children of such personnel; and the names and
  121  locations of schools and day care facilities attended by the
  122  children of such personnel are exempt from s. 119.07(1) and s.
  123  24(a), Art. I of the State Constitution.
  124         g. The home addresses, telephone numbers, dates of birth,
  125  and photographs of current or former code enforcement officers;
  126  the names, home addresses, telephone numbers, dates of birth,
  127  and places of employment of the spouses and children of such
  128  personnel; and the names and locations of schools and day care
  129  facilities attended by the children of such personnel are exempt
  130  from s. 119.07(1) and s. 24(a), Art. I of the State
  131  Constitution.
  132         h. The home addresses, telephone numbers, places of
  133  employment, dates of birth, and photographs of current or former
  134  guardians ad litem, as defined in s. 39.820; the names, home
  135  addresses, telephone numbers, dates of birth, and places of
  136  employment of the spouses and children of such persons; and the
  137  names and locations of schools and day care facilities attended
  138  by the children of such persons are exempt from s. 119.07(1) and
  139  s. 24(a), Art. I of the State Constitution, if the guardian ad
  140  litem provides a written statement that the guardian ad litem
  141  has made reasonable efforts to protect such information from
  142  being accessible through other means available to the public.
  143         i. The home addresses, telephone numbers, dates of birth,
  144  and photographs of current or former juvenile probation
  145  officers, juvenile probation supervisors, detention
  146  superintendents, assistant detention superintendents, juvenile
  147  justice detention officers I and II, juvenile justice detention
  148  officer supervisors, juvenile justice residential officers,
  149  juvenile justice residential officer supervisors I and II,
  150  juvenile justice counselors, juvenile justice counselor
  151  supervisors, human services counselor administrators, senior
  152  human services counselor administrators, rehabilitation
  153  therapists, and social services counselors of the Department of
  154  Juvenile Justice; the names, home addresses, telephone numbers,
  155  dates of birth, and places of employment of spouses and children
  156  of such personnel; and the names and locations of schools and
  157  day care facilities attended by the children of such personnel
  158  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  159  Constitution.
  160         j. The home addresses, telephone numbers, dates of birth,
  161  and photographs of current or former public defenders, assistant
  162  public defenders, criminal conflict and civil regional counsel,
  163  and assistant criminal conflict and civil regional counsel; the
  164  home addresses, telephone numbers, dates of birth, and places of
  165  employment of the spouses and children of such defenders or
  166  counsel; and the names and locations of schools and day care
  167  facilities attended by the children of such defenders or counsel
  168  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  169  Constitution.
  170         k. The home addresses, telephone numbers, and photographs
  171  of current or former investigators or inspectors of the
  172  Department of Business and Professional Regulation; the names,
  173  home addresses, telephone numbers, and places of employment of
  174  the spouses and children of such current or former investigators
  175  and inspectors; and the names and locations of schools and day
  176  care facilities attended by the children of such current or
  177  former investigators and inspectors are exempt from s. 119.07(1)
  178  and s. 24(a), Art. I of the State Constitution if the
  179  investigator or inspector has made reasonable efforts to protect
  180  such information from being accessible through other means
  181  available to the public. This sub-subparagraph is subject to the
  182  Open Government Sunset Review Act in accordance with s. 119.15
  183  and shall stand repealed on October 2, 2017, unless reviewed and
  184  saved from repeal through reenactment by the Legislature.
  185         l. The home addresses and telephone numbers of county tax
  186  collectors; the names, home addresses, telephone numbers, and
  187  places of employment of the spouses and children of such tax
  188  collectors; and the names and locations of schools and day care
  189  facilities attended by the children of such tax collectors are
  190  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  191  Constitution if the county tax collector has made reasonable
  192  efforts to protect such information from being accessible
  193  through other means available to the public. This sub
  194  subparagraph is subject to the Open Government Sunset Review Act
  195  in accordance with s. 119.15 and shall stand repealed on October
  196  2, 2017, unless reviewed and saved from repeal through
  197  reenactment by the Legislature.
  198         m. The home addresses, telephone numbers, dates of birth,
  199  and photographs of current or former researchers whose duties
  200  include or included experimenting on animals for the purpose of
  201  conducting life-sustaining medical research at a public research
  202  facility, including a university, are exempt from s. 119.07(1)
  203  and s. 24(a), Art. I of the State Constitution, if the
  204  researcher has made reasonable efforts to protect such
  205  information from being accessible through other means available
  206  to the public. This sub-subparagraph is subject to the Open
  207  Government Sunset Review Act in accordance with s. 119.15 and
  208  shall stand repealed on October 2, 2019, unless reviewed and
  209  saved from repeal through reenactment by the Legislature.
  210         3. An agency that is the custodian of the information
  211  specified in subparagraph 2. and that is not the employer of the
  212  officer, employee, justice, judge, or other person specified in
  213  subparagraph 2. shall maintain the exempt status of that
  214  information only if the officer, employee, justice, judge, other
  215  person, or employing agency of the designated employee submits a
  216  written request for maintenance of the exemption to the
  217  custodial agency.
  218         4. The exemptions in this paragraph apply to information
  219  held by an agency before, on, or after the effective date of the
  220  exemption.
  221         5. Except as otherwise expressly provided in this
  222  paragraph, this paragraph is subject to the Open Government
  223  Sunset Review Act in accordance with s. 119.15, and shall stand
  224  repealed on October 2, 2017, unless reviewed and saved from
  225  repeal through reenactment by the Legislature.
  226         Section 2. The Legislature finds that it is a public
  227  necessity that the home addresses, telephone numbers, dates of
  228  birth, and photographs of current or former researchers whose
  229  duties include or included experimenting on animals for the
  230  purpose of conducting life-sustaining medical research at a
  231  public research facility, including a university, be made exempt
  232  from public records requirements if the researcher has made
  233  reasonable efforts to protect such information from being
  234  accessible through other means available to the public. The
  235  Legislature finds that the release of such personal identifying
  236  information might place current or former researchers, whose
  237  duties include experimenting on animals for the purpose of such
  238  research, in danger of physical and emotional harm from
  239  individuals who are zealous animal rights activists who advocate
  240  against the use of animals for medical research. University of
  241  Florida employees have reported being harassed or threatened as
  242  a result of the posting of their home addresses and other
  243  contact information on a popular animal rights website. Thus,
  244  the Legislature finds that the harm that may result from the
  245  release of such researchers’ personal identifying information
  246  outweighs any public benefit that may be derived from the
  247  disclosure of the information.
  248         Section 3. This act shall take effect July 1, 2014.