Bill Text: FL S0592 | 2016 | Regular Session | Introduced

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

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Bill Title: Public Records/Department of Financial Services/Emergency Medical Technicians or Paramedics

Spectrum: Bipartisan Bill

Status: (Passed) 2016-03-31 - Chapter No. 2016-159 [S0592 Detail]

Download: Florida-2016-S0592-Introduced.html

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       Florida Senate - 2016                                     SB 592
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-00524-16                                             2016592__
    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 certain nonsworn investigative
    6         personnel of the Department of Financial Services 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 a statement of public
   11         necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1. For purposes of this paragraph, the term “telephone
   21  numbers” includes home telephone numbers, personal cellular
   22  telephone numbers, personal pager telephone numbers, and
   23  telephone numbers associated with personal communications
   24  devices.
   25         2.a.(I) The home addresses, telephone numbers, social
   26  security numbers, dates of birth, and photographs of active or
   27  former sworn or civilian law enforcement personnel, including
   28  correctional and correctional probation officers, personnel of
   29  the Department of Children and Families whose duties include the
   30  investigation of abuse, neglect, exploitation, fraud, theft, or
   31  other criminal activities, personnel of the Department of Health
   32  whose duties are to support the investigation of child abuse or
   33  neglect, and personnel of the Department of Revenue or local
   34  governments whose responsibilities include revenue collection
   35  and enforcement or child support enforcement; the home
   36  addresses, telephone numbers, social security numbers,
   37  photographs, dates of birth, and places of employment of the
   38  spouses and children of such personnel; and the names and
   39  locations of schools and day care facilities attended by the
   40  children of such personnel are exempt from s. 119.07(1).
   41         (II) The names of the spouses and children of active or
   42  former sworn or civilian law enforcement personnel and the other
   43  specified agency personnel identified in sub-sub-subparagraph
   44  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   45  State Constitution.
   46         (III) Sub-sub-subparagraph (II) is subject to the Open
   47  Government Sunset Review Act in accordance with s. 119.15, and
   48  shall stand repealed on October 2, 2018, unless reviewed and
   49  saved from repeal through reenactment by the Legislature.
   50         (IV) The home addresses, telephone numbers, social security
   51  numbers, dates of birth, and photographs of nonsworn
   52  investigative personnel of the Department of Financial Services
   53  whose duties include the investigation of fraud, theft, workers’
   54  compensation coverage requirements and compliance, other
   55  criminal activities, or state regulatory requirement violations;
   56  the names, home addresses, telephone numbers, social security
   57  numbers, photographs, dates of birth, and places of employment
   58  of the spouses and children of such personnel; and the names and
   59  locations of schools and child care facilities attended by the
   60  children of such personnel are exempt from s. 119.07(1) and s.
   61  24(a), Art. I of the State Constitution. This sub-sub
   62  subparagraph is subject to the Open Government Sunset Review Act
   63  in accordance with s. 119.15 and shall stand repealed on October
   64  2, 2021, unless reviewed and saved from repeal through
   65  reenactment by the Legislature.
   66         b. The home addresses, telephone numbers, dates of birth,
   67  and photographs of firefighters certified in compliance with s.
   68  633.408; the home addresses, telephone numbers, photographs,
   69  dates of birth, and places of employment of the spouses and
   70  children of such firefighters; and the names and locations of
   71  schools and day care facilities attended by the children of such
   72  firefighters are exempt from s. 119.07(1).
   73         c. The home addresses, dates of birth, and telephone
   74  numbers of current or former justices of the Supreme Court,
   75  district court of appeal judges, circuit court judges, and
   76  county court judges; the home addresses, telephone numbers,
   77  dates of birth, and places of employment of the spouses and
   78  children of current or former justices and judges; and the names
   79  and locations of schools and day care facilities attended by the
   80  children of current or former justices and judges are exempt
   81  from s. 119.07(1).
   82         d.(I) The home addresses, telephone numbers, social
   83  security numbers, dates of birth, and photographs of current or
   84  former state attorneys, assistant state attorneys, statewide
   85  prosecutors, or assistant statewide prosecutors; the home
   86  addresses, telephone numbers, social security numbers,
   87  photographs, dates of birth, and places of employment of the
   88  spouses and children of current or former state attorneys,
   89  assistant state attorneys, statewide prosecutors, or assistant
   90  statewide prosecutors; and the names and locations of schools
   91  and day care facilities attended by the children of current or
   92  former state attorneys, assistant state attorneys, statewide
   93  prosecutors, or assistant statewide prosecutors are exempt from
   94  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   95         (II) The names of the spouses and children of current or
   96  former state attorneys, assistant state attorneys, statewide
   97  prosecutors, or assistant statewide prosecutors are exempt from
   98  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   99         (III) Sub-sub-subparagraph (II) is subject to the Open
  100  Government Sunset Review Act in accordance with s. 119.15, and
  101  shall stand repealed on October 2, 2018, unless reviewed and
  102  saved from repeal through reenactment by the Legislature.
  103         e. The home addresses, dates of birth, and telephone
  104  numbers of general magistrates, special magistrates, judges of
  105  compensation claims, administrative law judges of the Division
  106  of Administrative Hearings, and child support enforcement
  107  hearing officers; the home addresses, telephone numbers, dates
  108  of birth, and places of employment of the spouses and children
  109  of general magistrates, special magistrates, judges of
  110  compensation claims, administrative law judges of the Division
  111  of Administrative Hearings, and child support enforcement
  112  hearing officers; and the names and locations of schools and day
  113  care facilities attended by the children of general magistrates,
  114  special magistrates, judges of compensation claims,
  115  administrative law judges of the Division of Administrative
  116  Hearings, and child support enforcement hearing officers are
  117  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  118  Constitution if the general magistrate, special magistrate,
  119  judge of compensation claims, administrative law judge of the
  120  Division of Administrative Hearings, or child support hearing
  121  officer provides a written statement that the general
  122  magistrate, special magistrate, judge of compensation claims,
  123  administrative law judge of the Division of Administrative
  124  Hearings, or child support hearing officer has made reasonable
  125  efforts to protect such information from being accessible
  126  through other means available to the public.
  127         f. The home addresses, telephone numbers, dates of birth,
  128  and photographs of current or former human resource, labor
  129  relations, or employee relations directors, assistant directors,
  130  managers, or assistant managers of any local government agency
  131  or water management district whose duties include hiring and
  132  firing employees, labor contract negotiation, administration, or
  133  other personnel-related duties; the names, home addresses,
  134  telephone numbers, dates of birth, and places of employment of
  135  the spouses and children of such personnel; and the names and
  136  locations of schools and day care facilities attended by the
  137  children of such personnel are exempt from s. 119.07(1) and s.
  138  24(a), Art. I of the State Constitution.
  139         g. The home addresses, telephone numbers, dates of birth,
  140  and photographs of current or former code enforcement officers;
  141  the names, home addresses, telephone numbers, dates of birth,
  142  and places of employment of the spouses and children of such
  143  personnel; and the names and locations of schools and day care
  144  facilities attended by the children of such personnel are exempt
  145  from s. 119.07(1) and s. 24(a), Art. I of the State
  146  Constitution.
  147         h. The home addresses, telephone numbers, places of
  148  employment, dates of birth, and photographs of current or former
  149  guardians ad litem, as defined in s. 39.820; the names, home
  150  addresses, telephone numbers, dates of birth, and places of
  151  employment of the spouses and children of such persons; and the
  152  names and locations of schools and day care facilities attended
  153  by the children of such persons are exempt from s. 119.07(1) and
  154  s. 24(a), Art. I of the State Constitution, if the guardian ad
  155  litem provides a written statement that the guardian ad litem
  156  has made reasonable efforts to protect such information from
  157  being accessible through other means available to the public.
  158         i. The home addresses, telephone numbers, dates of birth,
  159  and photographs of current or former juvenile probation
  160  officers, juvenile probation supervisors, detention
  161  superintendents, assistant detention superintendents, juvenile
  162  justice detention officers I and II, juvenile justice detention
  163  officer supervisors, juvenile justice residential officers,
  164  juvenile justice residential officer supervisors I and II,
  165  juvenile justice counselors, juvenile justice counselor
  166  supervisors, human services counselor administrators, senior
  167  human services counselor administrators, rehabilitation
  168  therapists, and social services counselors of the Department of
  169  Juvenile Justice; the names, home addresses, telephone numbers,
  170  dates of birth, and places of employment of spouses and children
  171  of such personnel; and the names and locations of schools and
  172  day care facilities attended by the children of such personnel
  173  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  174  Constitution.
  175         j.(I) The home addresses, telephone numbers, dates of
  176  birth, and photographs of current or former public defenders,
  177  assistant public defenders, criminal conflict and civil regional
  178  counsel, and assistant criminal conflict and civil regional
  179  counsel; the home addresses, telephone numbers, dates of birth,
  180  and places of employment of the spouses and children of such
  181  defenders or counsel; and the names and locations of schools and
  182  day care facilities attended by the children of such defenders
  183  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  184  the State Constitution.
  185         (II) The names of the spouses and children of the specified
  186  agency personnel identified in sub-sub-subparagraph (I) are
  187  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  188  Constitution. This sub-sub-subparagraph is subject to the Open
  189  Government Sunset Review Act in accordance with s. 119.15 and
  190  shall stand repealed on October 2, 2019, unless reviewed and
  191  saved from repeal through reenactment by the Legislature.
  192         k. The home addresses, telephone numbers, and photographs
  193  of current or former investigators or inspectors of the
  194  Department of Business and Professional Regulation; the names,
  195  home addresses, telephone numbers, and places of employment of
  196  the spouses and children of such current or former investigators
  197  and inspectors; and the names and locations of schools and day
  198  care facilities attended by the children of such current or
  199  former investigators and inspectors are exempt from s. 119.07(1)
  200  and s. 24(a), Art. I of the State Constitution if the
  201  investigator or inspector has made reasonable efforts to protect
  202  such information from being accessible through other means
  203  available to the public. This sub-subparagraph is subject to the
  204  Open Government Sunset Review Act in accordance with s. 119.15
  205  and shall stand repealed on October 2, 2017, unless reviewed and
  206  saved from repeal through reenactment by the Legislature.
  207         l. The home addresses and telephone numbers of county tax
  208  collectors; the names, home addresses, telephone numbers, and
  209  places of employment of the spouses and children of such tax
  210  collectors; and the names and locations of schools and day care
  211  facilities attended by the children of such tax collectors are
  212  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  213  Constitution if the county tax collector has made reasonable
  214  efforts to protect such information from being accessible
  215  through other means available to the public. This sub
  216  subparagraph is subject to the Open Government Sunset Review Act
  217  in accordance with s. 119.15 and shall stand repealed on October
  218  2, 2017, unless reviewed and saved from repeal through
  219  reenactment by the Legislature.
  220         m. The home addresses, telephone numbers, dates of birth,
  221  and photographs of current or former personnel of the Department
  222  of Health whose duties include, or result in, the determination
  223  or adjudication of eligibility for social security disability
  224  benefits, the investigation or prosecution of complaints filed
  225  against health care practitioners, or the inspection of health
  226  care practitioners or health care facilities licensed by the
  227  Department of Health; the names, home addresses, telephone
  228  numbers, dates of birth, and places of employment of the spouses
  229  and children of such personnel; and the names and locations of
  230  schools and day care facilities attended by the children of such
  231  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  232  the State Constitution if the personnel have made reasonable
  233  efforts to protect such information from being accessible
  234  through other means available to the public. This sub
  235  subparagraph is subject to the Open Government Sunset Review Act
  236  in accordance with s. 119.15 and shall stand repealed on October
  237  2, 2019, unless reviewed and saved from repeal through
  238  reenactment by the Legislature.
  239         n. 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 if a consultant or employee has made reasonable
  251  efforts to protect such information from being accessible
  252  through other means available to the public. This sub
  253  subparagraph is subject to the Open Government Sunset Review Act
  254  in accordance with s. 119.15 and shall stand repealed on October
  255  2, 2020, unless reviewed and saved from repeal through
  256  reenactment by the Legislature.
  257         3. An agency that is the custodian of the information
  258  specified in subparagraph 2. and that is not the employer of the
  259  officer, employee, justice, judge, or other person specified in
  260  subparagraph 2. shall maintain the exempt status of that
  261  information only if the officer, employee, justice, judge, other
  262  person, or employing agency of the designated employee submits a
  263  written request for maintenance of the exemption to the
  264  custodial agency.
  265         4. The exemptions in this paragraph apply to information
  266  held by an agency before, on, or after the effective date of the
  267  exemption.
  268         5. Except as otherwise expressly provided in this
  269  paragraph, this paragraph is subject to the Open Government
  270  Sunset Review Act in accordance with s. 119.15, and shall stand
  271  repealed on October 2, 2017, unless reviewed and saved from
  272  repeal through reenactment by the Legislature.
  273         Section 2. The Legislature finds that it is a public
  274  necessity to exempt from public records requirements the home
  275  addresses, telephone numbers, social security numbers, dates of
  276  birth, and photographs of nonsworn investigative personnel of
  277  the Department of Financial Services whose duties include, or
  278  result in, a determination or adjudication of public assistance
  279  fraud, insurance fraud, failure to comply with workers’
  280  compensation law requirements, failure to comply with licensure
  281  or registration requirements for industries regulated by the
  282  department, and other instances of administrative and criminal
  283  misconduct; the names, home addresses, telephone numbers, social
  284  security numbers, photographs, dates of birth, and places of
  285  employment of the spouses and children of such personnel; and
  286  the names and locations of schools and child care facilities
  287  attended by the children of such personnel. The Legislature
  288  finds that the release of such personal identifying and location
  289  information might place these nonsworn investigative personnel
  290  of the department and their family members in danger of physical
  291  and emotional harm from disgruntled individuals who have
  292  contentious reactions to actions taken by such personnel, or
  293  whose business or professional practices have come under the
  294  scrutiny of such personnel. The Legislature further finds that
  295  the harm that may result from the release of such personal
  296  identifying and location information outweighs any public
  297  benefit that may be derived from the disclosure of the
  298  information.
  299         Section 3. This act shall take effect upon becoming a law.