Bill Text: FL S0592 | 2016 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2016                              CS for SB 592
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Hutson
       
       585-02229-16                                           2016592c1
    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, dates of birth,
   51  and photographs of current or former nonsworn investigative
   52  personnel of the Department of Financial Services whose duties
   53  include the investigation of fraud, theft, workers’ compensation
   54  coverage requirements and compliance, other related criminal
   55  activities, or state regulatory requirement violations; the
   56  names, home addresses, telephone numbers, dates of birth, and
   57  places of employment of the spouses and children of such
   58  personnel; and the names and locations of schools and day care
   59  facilities attended by the children of such personnel are exempt
   60  from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution. This sub-sub-subparagraph is subject to the Open
   62  Government Sunset Review Act in accordance with s. 119.15 and
   63  shall stand repealed on October 2, 2021, unless reviewed and
   64  saved from repeal through reenactment by the Legislature.
   65         b. The home addresses, telephone numbers, dates of birth,
   66  and photographs of firefighters certified in compliance with s.
   67  633.408; the home addresses, telephone numbers, photographs,
   68  dates of birth, and places of employment of the spouses and
   69  children of such firefighters; and the names and locations of
   70  schools and day care facilities attended by the children of such
   71  firefighters are exempt from s. 119.07(1).
   72         c. The home addresses, dates of birth, and telephone
   73  numbers of current or former justices of the Supreme Court,
   74  district court of appeal judges, circuit court judges, and
   75  county court judges; the home addresses, telephone numbers,
   76  dates of birth, and places of employment of the spouses and
   77  children of current or former justices and judges; and the names
   78  and locations of schools and day care facilities attended by the
   79  children of current or former justices and judges are exempt
   80  from s. 119.07(1).
   81         d.(I) The home addresses, telephone numbers, social
   82  security numbers, dates of birth, and photographs of current or
   83  former state attorneys, assistant state attorneys, statewide
   84  prosecutors, or assistant statewide prosecutors; the home
   85  addresses, telephone numbers, social security numbers,
   86  photographs, dates of birth, and places of employment of the
   87  spouses and children of current or former state attorneys,
   88  assistant state attorneys, statewide prosecutors, or assistant
   89  statewide prosecutors; and the names and locations of schools
   90  and day care facilities attended by the children of current or
   91  former state attorneys, assistant state attorneys, statewide
   92  prosecutors, or assistant statewide prosecutors are exempt from
   93  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   94         (II) The names of the spouses and children of current or
   95  former state attorneys, assistant state attorneys, statewide
   96  prosecutors, or assistant statewide prosecutors are exempt from
   97  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   98         (III) Sub-sub-subparagraph (II) is subject to the Open
   99  Government Sunset Review Act in accordance with s. 119.15, and
  100  shall stand repealed on October 2, 2018, unless reviewed and
  101  saved from repeal through reenactment by the Legislature.
  102         e. The home addresses, dates of birth, and telephone
  103  numbers of general magistrates, special magistrates, judges of
  104  compensation claims, administrative law judges of the Division
  105  of Administrative Hearings, and child support enforcement
  106  hearing officers; the home addresses, telephone numbers, dates
  107  of birth, and places of employment of the spouses and children
  108  of general magistrates, special magistrates, judges of
  109  compensation claims, administrative law judges of the Division
  110  of Administrative Hearings, and child support enforcement
  111  hearing officers; and the names and locations of schools and day
  112  care facilities attended by the children of general magistrates,
  113  special magistrates, judges of compensation claims,
  114  administrative law judges of the Division of Administrative
  115  Hearings, and child support enforcement hearing officers are
  116  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  117  Constitution if the general magistrate, special magistrate,
  118  judge of compensation claims, administrative law judge of the
  119  Division of Administrative Hearings, or child support hearing
  120  officer provides a written statement that the general
  121  magistrate, special magistrate, judge of compensation claims,
  122  administrative law judge of the Division of Administrative
  123  Hearings, or child support hearing officer has made reasonable
  124  efforts to protect such information from being accessible
  125  through other means available to the public.
  126         f. The home addresses, telephone numbers, dates of birth,
  127  and photographs of current or former human resource, labor
  128  relations, or employee relations directors, assistant directors,
  129  managers, or assistant managers of any local government agency
  130  or water management district whose duties include hiring and
  131  firing employees, labor contract negotiation, administration, or
  132  other personnel-related duties; the names, home addresses,
  133  telephone numbers, dates of birth, and places of employment of
  134  the spouses and children of such personnel; and the names and
  135  locations of schools and day care facilities attended by the
  136  children of such personnel are exempt from s. 119.07(1) and s.
  137  24(a), Art. I of the State Constitution.
  138         g. The home addresses, telephone numbers, dates of birth,
  139  and photographs of current or former code enforcement officers;
  140  the names, home addresses, telephone numbers, dates of birth,
  141  and places of employment of the spouses and children of such
  142  personnel; and the names and locations of schools and day care
  143  facilities attended by the children of such personnel are exempt
  144  from s. 119.07(1) and s. 24(a), Art. I of the State
  145  Constitution.
  146         h. The home addresses, telephone numbers, places of
  147  employment, dates of birth, and photographs of current or former
  148  guardians ad litem, as defined in s. 39.820; the names, home
  149  addresses, telephone numbers, dates of birth, and places of
  150  employment of the spouses and children of such persons; and the
  151  names and locations of schools and day care facilities attended
  152  by the children of such persons are exempt from s. 119.07(1) and
  153  s. 24(a), Art. I of the State Constitution, if the guardian ad
  154  litem provides a written statement that the guardian ad litem
  155  has made reasonable efforts to protect such information from
  156  being accessible through other means available to the public.
  157         i. The home addresses, telephone numbers, dates of birth,
  158  and photographs of current or former juvenile probation
  159  officers, juvenile probation supervisors, detention
  160  superintendents, assistant detention superintendents, juvenile
  161  justice detention officers I and II, juvenile justice detention
  162  officer supervisors, juvenile justice residential officers,
  163  juvenile justice residential officer supervisors I and II,
  164  juvenile justice counselors, juvenile justice counselor
  165  supervisors, human services counselor administrators, senior
  166  human services counselor administrators, rehabilitation
  167  therapists, and social services counselors of the Department of
  168  Juvenile Justice; the names, home addresses, telephone numbers,
  169  dates of birth, and places of employment of spouses and children
  170  of such personnel; and the names and locations of schools and
  171  day care facilities attended by the children of such personnel
  172  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  173  Constitution.
  174         j.(I) The home addresses, telephone numbers, dates of
  175  birth, and photographs of current or former public defenders,
  176  assistant public defenders, criminal conflict and civil regional
  177  counsel, and assistant criminal conflict and civil regional
  178  counsel; the home addresses, telephone numbers, dates of birth,
  179  and places of employment of the spouses and children of such
  180  defenders or counsel; and the names and locations of schools and
  181  day care facilities attended by the children of such defenders
  182  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  183  the State Constitution.
  184         (II) The names of the spouses and children of the specified
  185  agency personnel identified in sub-sub-subparagraph (I) are
  186  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  187  Constitution. This sub-sub-subparagraph is subject to the Open
  188  Government Sunset Review Act in accordance with s. 119.15 and
  189  shall stand repealed on October 2, 2019, unless reviewed and
  190  saved from repeal through reenactment by the Legislature.
  191         k. The home addresses, telephone numbers, and photographs
  192  of current or former investigators or inspectors of the
  193  Department of Business and Professional Regulation; the names,
  194  home addresses, telephone numbers, and places of employment of
  195  the spouses and children of such current or former investigators
  196  and inspectors; and the names and locations of schools and day
  197  care facilities attended by the children of such current or
  198  former investigators and inspectors are exempt from s. 119.07(1)
  199  and s. 24(a), Art. I of the State Constitution if the
  200  investigator or inspector has made reasonable efforts to protect
  201  such information from being accessible through other means
  202  available to the public. This sub-subparagraph is subject to the
  203  Open Government Sunset Review Act in accordance with s. 119.15
  204  and shall stand repealed on October 2, 2017, unless reviewed and
  205  saved from repeal through reenactment by the Legislature.
  206         l. The home addresses and telephone numbers of county tax
  207  collectors; the names, home addresses, telephone numbers, and
  208  places of employment of the spouses and children of such tax
  209  collectors; and the names and locations of schools and day care
  210  facilities attended by the children of such tax collectors are
  211  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  212  Constitution if the county tax collector has made reasonable
  213  efforts to protect such information from being accessible
  214  through other means available to the public. This sub
  215  subparagraph is subject to the Open Government Sunset Review Act
  216  in accordance with s. 119.15 and shall stand repealed on October
  217  2, 2017, unless reviewed and saved from repeal through
  218  reenactment by the Legislature.
  219         m. The home addresses, telephone numbers, dates of birth,
  220  and photographs of current or former personnel of the Department
  221  of Health whose duties include, or result in, the determination
  222  or adjudication of eligibility for social security disability
  223  benefits, the investigation or prosecution of complaints filed
  224  against health care practitioners, or the inspection of health
  225  care practitioners or health care facilities licensed by the
  226  Department of Health; the names, home addresses, telephone
  227  numbers, dates of birth, and places of employment of the spouses
  228  and children of such personnel; and the names and locations of
  229  schools and day care facilities attended by the children of such
  230  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  231  the State Constitution if the personnel have made reasonable
  232  efforts to protect such information from being accessible
  233  through other means available to the public. This sub
  234  subparagraph is subject to the Open Government Sunset Review Act
  235  in accordance with s. 119.15 and shall stand repealed on October
  236  2, 2019, unless reviewed and saved from repeal through
  237  reenactment by the Legislature.
  238         n. The home addresses, telephone numbers, dates of birth,
  239  and photographs of current or former impaired practitioner
  240  consultants who are retained by an agency or current or former
  241  employees of an impaired practitioner consultant whose duties
  242  result in a determination of a person’s skill and safety to
  243  practice a licensed profession; the names, home addresses,
  244  telephone numbers, dates of birth, and places of employment of
  245  the spouses and children of such consultants or their employees;
  246  and the names and locations of schools and day care facilities
  247  attended by the children of such consultants or employees are
  248  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  249  Constitution if a consultant or employee has made reasonable
  250  efforts to protect such information from being accessible
  251  through other means available to the public. This sub
  252  subparagraph is subject to the Open Government Sunset Review Act
  253  in accordance with s. 119.15 and shall stand repealed on October
  254  2, 2020, unless reviewed and saved from repeal through
  255  reenactment by the Legislature.
  256         3. An agency that is the custodian of the information
  257  specified in subparagraph 2. and that is not the employer of the
  258  officer, employee, justice, judge, or other person specified in
  259  subparagraph 2. shall maintain the exempt status of that
  260  information only if the officer, employee, justice, judge, other
  261  person, or employing agency of the designated employee submits a
  262  written request for maintenance of the exemption to the
  263  custodial agency.
  264         4. The exemptions in this paragraph apply to information
  265  held by an agency before, on, or after the effective date of the
  266  exemption.
  267         5. Except as otherwise expressly provided in this
  268  paragraph, this paragraph is subject to the Open Government
  269  Sunset Review Act in accordance with s. 119.15, and shall stand
  270  repealed on October 2, 2017, unless reviewed and saved from
  271  repeal through reenactment by the Legislature.
  272         Section 2. The Legislature finds that it is a public
  273  necessity to exempt from public records requirements the home
  274  addresses, telephone numbers, dates of birth, and photographs of
  275  current or former nonsworn investigative personnel of the
  276  Department of Financial Services whose duties include the
  277  investigation of fraud, theft, workers’ compensation coverage
  278  requirements and compliance, other related criminal activities,
  279  or state regulatory requirement violations; the names, home
  280  addresses, telephone numbers, dates of birth, and places of
  281  employment of the spouses and children of such personnel; and
  282  the names and locations of schools and day care facilities
  283  attended by the children of such personnel. The efforts of such
  284  personnel can lead to arrests and prosecutions for crimes up to
  285  and including first degree felony violations and can also result
  286  in the loss of commerce and property, the assessment of monetary
  287  fines, or the suspension or loss of professional licenses. The
  288  department has documented numerous instances of personnel who
  289  have been threatened and who have feared repercussions as a
  290  result of carrying out their duties. These threats have included
  291  weapons being brandished, verbal threats made to harm them or
  292  their family members, harassment, and intimidation. The
  293  Legislature finds that the release of such personal identifying
  294  and location information might place these nonsworn
  295  investigative personnel of the department and their family
  296  members in danger of physical and emotional harm from
  297  disgruntled individuals who have contentious reactions to
  298  actions taken by such personnel, or whose business or
  299  professional practices have come under the scrutiny of such
  300  personnel. The Legislature further finds that the harm that may
  301  result from the release of such personal identifying and
  302  location information outweighs any public benefit that may be
  303  derived from the disclosure of the information.
  304         Section 3. This act shall take effect upon becoming a law.