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

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-Engrossed.html

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       CS for SB 592                                    First Engrossed
       
       
       
       
       
       
       
       
       2016592e1
       
    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 an exemption from public records
   10         requirements for certain identifying and location
   11         information of current or former emergency medical
   12         technicians or paramedics certified under ch. 401,
   13         F.S., and the spouses and children of such emergency
   14         medical technicians or paramedics, under specified
   15         circumstances; providing for future review and repeal
   16         of the exemptions; providing statements of public
   17         necessity; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) of subsection (4) of section
   22  119.071, Florida Statutes, is amended to read:
   23         119.071 General exemptions from inspection or copying of
   24  public records.—
   25         (4) AGENCY PERSONNEL INFORMATION.—
   26         (d)1. For purposes of this paragraph, the term “telephone
   27  numbers” includes home telephone numbers, personal cellular
   28  telephone numbers, personal pager telephone numbers, and
   29  telephone numbers associated with personal communications
   30  devices.
   31         2.a.(I) The home addresses, telephone numbers, social
   32  security numbers, dates of birth, and photographs of active or
   33  former sworn or civilian law enforcement personnel, including
   34  correctional and correctional probation officers, personnel of
   35  the Department of Children and Families whose duties include the
   36  investigation of abuse, neglect, exploitation, fraud, theft, or
   37  other criminal activities, personnel of the Department of Health
   38  whose duties are to support the investigation of child abuse or
   39  neglect, and personnel of the Department of Revenue or local
   40  governments whose responsibilities include revenue collection
   41  and enforcement or child support enforcement; the home
   42  addresses, telephone numbers, social security numbers,
   43  photographs, dates of birth, and places of employment of the
   44  spouses and children of such personnel; and the names and
   45  locations of schools and day care facilities attended by the
   46  children of such personnel are exempt from s. 119.07(1).
   47         (II) The names of the spouses and children of active or
   48  former sworn or civilian law enforcement personnel and the other
   49  specified agency personnel identified in sub-sub-subparagraph
   50  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   51  State Constitution.
   52         (III) Sub-sub-subparagraph (II) is subject to the Open
   53  Government Sunset Review Act in accordance with s. 119.15, and
   54  shall stand repealed on October 2, 2018, unless reviewed and
   55  saved from repeal through reenactment by the Legislature.
   56         (IV) The home addresses, telephone numbers, dates of birth,
   57  and photographs of current or former nonsworn investigative
   58  personnel of the Department of Financial Services whose duties
   59  include the investigation of fraud, theft, workers’ compensation
   60  coverage requirements and compliance, other related criminal
   61  activities, or state regulatory requirement violations; the
   62  names, home addresses, telephone numbers, dates of birth, and
   63  places of employment of the spouses and children of such
   64  personnel; and the names and locations of schools and day care
   65  facilities attended by the children of such personnel are exempt
   66  from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution. This sub-sub-subparagraph is subject to the Open
   68  Government Sunset Review Act in accordance with s. 119.15 and
   69  shall stand repealed on October 2, 2021, unless reviewed and
   70  saved from repeal through reenactment by the Legislature.
   71         b. The home addresses, telephone numbers, dates of birth,
   72  and photographs of firefighters certified in compliance with s.
   73  633.408; the home addresses, telephone numbers, photographs,
   74  dates of birth, and places of employment of the spouses and
   75  children of such firefighters; and the names and locations of
   76  schools and day care facilities attended by the children of such
   77  firefighters are exempt from s. 119.07(1).
   78         c. The home addresses, dates of birth, and telephone
   79  numbers of current or former justices of the Supreme Court,
   80  district court of appeal judges, circuit court judges, and
   81  county court judges; the home addresses, telephone numbers,
   82  dates of birth, and places of employment of the spouses and
   83  children of current or former justices and judges; and the names
   84  and locations of schools and day care facilities attended by the
   85  children of current or former justices and judges are exempt
   86  from s. 119.07(1).
   87         d.(I) The home addresses, telephone numbers, social
   88  security numbers, dates of birth, and photographs of current or
   89  former state attorneys, assistant state attorneys, statewide
   90  prosecutors, or assistant statewide prosecutors; the home
   91  addresses, telephone numbers, social security numbers,
   92  photographs, dates of birth, and places of employment of the
   93  spouses and children of current or former state attorneys,
   94  assistant state attorneys, statewide prosecutors, or assistant
   95  statewide prosecutors; and the names and locations of schools
   96  and day care facilities attended by the children of current or
   97  former state attorneys, assistant state attorneys, statewide
   98  prosecutors, or assistant statewide prosecutors are exempt from
   99  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  100         (II) The names of the spouses and children of current or
  101  former state attorneys, assistant state attorneys, statewide
  102  prosecutors, or assistant statewide prosecutors are exempt from
  103  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  104         (III) Sub-sub-subparagraph (II) is subject to the Open
  105  Government Sunset Review Act in accordance with s. 119.15, and
  106  shall stand repealed on October 2, 2018, unless reviewed and
  107  saved from repeal through reenactment by the Legislature.
  108         e. The home addresses, dates of birth, and telephone
  109  numbers 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; the home addresses, telephone numbers, dates
  113  of birth, and places of employment of the spouses and children
  114  of general magistrates, special magistrates, judges of
  115  compensation claims, administrative law judges of the Division
  116  of Administrative Hearings, and child support enforcement
  117  hearing officers; and the names and locations of schools and day
  118  care facilities attended by the children of general magistrates,
  119  special magistrates, judges of compensation claims,
  120  administrative law judges of the Division of Administrative
  121  Hearings, and child support enforcement hearing officers are
  122  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  123  Constitution if the general magistrate, special magistrate,
  124  judge of compensation claims, administrative law judge of the
  125  Division of Administrative Hearings, or child support hearing
  126  officer provides a written statement that the general
  127  magistrate, special magistrate, judge of compensation claims,
  128  administrative law judge of the Division of Administrative
  129  Hearings, or child support hearing officer has made reasonable
  130  efforts to protect such information from being accessible
  131  through other means available to the public.
  132         f. The home addresses, telephone numbers, dates of birth,
  133  and photographs of current or former human resource, labor
  134  relations, or employee relations directors, assistant directors,
  135  managers, or assistant managers of any local government agency
  136  or water management district whose duties include hiring and
  137  firing employees, labor contract negotiation, administration, or
  138  other personnel-related duties; the names, home addresses,
  139  telephone numbers, dates of birth, and places of employment of
  140  the spouses and children of such personnel; and the names and
  141  locations of schools and day care facilities attended by the
  142  children of such personnel are exempt from s. 119.07(1) and s.
  143  24(a), Art. I of the State Constitution.
  144         g. The home addresses, telephone numbers, dates of birth,
  145  and photographs of current or former code enforcement officers;
  146  the names, home addresses, telephone numbers, dates of birth,
  147  and places of employment of the spouses and children of such
  148  personnel; and the names and locations of schools and day care
  149  facilities attended by the children of such personnel are exempt
  150  from s. 119.07(1) and s. 24(a), Art. I of the State
  151  Constitution.
  152         h. The home addresses, telephone numbers, places of
  153  employment, dates of birth, and photographs of current or former
  154  guardians ad litem, as defined in s. 39.820; the names, home
  155  addresses, telephone numbers, dates of birth, and places of
  156  employment of the spouses and children of such persons; and the
  157  names and locations of schools and day care facilities attended
  158  by the children of such persons are exempt from s. 119.07(1) and
  159  s. 24(a), Art. I of the State Constitution, if the guardian ad
  160  litem provides a written statement that the guardian ad litem
  161  has made reasonable efforts to protect such information from
  162  being accessible through other means available to the public.
  163         i. The home addresses, telephone numbers, dates of birth,
  164  and photographs of current or former juvenile probation
  165  officers, juvenile probation supervisors, detention
  166  superintendents, assistant detention superintendents, juvenile
  167  justice detention officers I and II, juvenile justice detention
  168  officer supervisors, juvenile justice residential officers,
  169  juvenile justice residential officer supervisors I and II,
  170  juvenile justice counselors, juvenile justice counselor
  171  supervisors, human services counselor administrators, senior
  172  human services counselor administrators, rehabilitation
  173  therapists, and social services counselors of the Department of
  174  Juvenile Justice; the names, home addresses, telephone numbers,
  175  dates of birth, and places of employment of spouses and children
  176  of such personnel; and the names and locations of schools and
  177  day care facilities attended by the children of such personnel
  178  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  179  Constitution.
  180         j.(I) The home addresses, telephone numbers, dates of
  181  birth, and photographs of current or former public defenders,
  182  assistant public defenders, criminal conflict and civil regional
  183  counsel, and assistant criminal conflict and civil regional
  184  counsel; the home addresses, telephone numbers, dates of birth,
  185  and places of employment of the spouses and children of such
  186  defenders or counsel; and the names and locations of schools and
  187  day care facilities attended by the children of such defenders
  188  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  189  the State Constitution.
  190         (II) The names of the spouses and children of the specified
  191  agency personnel identified in sub-sub-subparagraph (I) are
  192  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  193  Constitution. This sub-sub-subparagraph is subject to the Open
  194  Government Sunset Review Act in accordance with s. 119.15 and
  195  shall stand repealed on October 2, 2019, unless reviewed and
  196  saved from repeal through reenactment by the Legislature.
  197         k. The home addresses, telephone numbers, and photographs
  198  of current or former investigators or inspectors of the
  199  Department of Business and Professional Regulation; the names,
  200  home addresses, telephone numbers, and places of employment of
  201  the spouses and children of such current or former investigators
  202  and inspectors; and the names and locations of schools and day
  203  care facilities attended by the children of such current or
  204  former investigators and inspectors are exempt from s. 119.07(1)
  205  and s. 24(a), Art. I of the State Constitution if the
  206  investigator or inspector has made reasonable efforts to protect
  207  such information from being accessible through other means
  208  available to the public. This sub-subparagraph is subject to the
  209  Open Government Sunset Review Act in accordance with s. 119.15
  210  and shall stand repealed on October 2, 2017, unless reviewed and
  211  saved from repeal through reenactment by the Legislature.
  212         l. The home addresses and telephone numbers of county tax
  213  collectors; the names, home addresses, telephone numbers, and
  214  places of employment of the spouses and children of such tax
  215  collectors; and the names and locations of schools and day care
  216  facilities attended by the children of such tax collectors are
  217  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  218  Constitution if the county tax collector has made reasonable
  219  efforts to protect such information from being accessible
  220  through other means available to the public. This sub
  221  subparagraph is subject to the Open Government Sunset Review Act
  222  in accordance with s. 119.15 and shall stand repealed on October
  223  2, 2017, unless reviewed and saved from repeal through
  224  reenactment by the Legislature.
  225         m. The home addresses, telephone numbers, dates of birth,
  226  and photographs of current or former personnel of the Department
  227  of Health whose duties include, or result in, the determination
  228  or adjudication of eligibility for social security disability
  229  benefits, the investigation or prosecution of complaints filed
  230  against health care practitioners, or the inspection of health
  231  care practitioners or health care facilities licensed by the
  232  Department of Health; the names, home addresses, telephone
  233  numbers, dates of birth, and places of employment of the spouses
  234  and children of such personnel; and the names and locations of
  235  schools and day care facilities attended by the children of such
  236  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  237  the State Constitution if the personnel have made reasonable
  238  efforts to protect such information from being accessible
  239  through other means available to the public. This sub
  240  subparagraph is subject to the Open Government Sunset Review Act
  241  in accordance with s. 119.15 and shall stand repealed on October
  242  2, 2019, unless reviewed and saved from repeal through
  243  reenactment by the Legislature.
  244         n. The home addresses, telephone numbers, dates of birth,
  245  and photographs of current or former impaired practitioner
  246  consultants who are retained by an agency or current or former
  247  employees of an impaired practitioner consultant whose duties
  248  result in a determination of a person’s skill and safety to
  249  practice a licensed profession; the names, home addresses,
  250  telephone numbers, dates of birth, and places of employment of
  251  the spouses and children of such consultants or their employees;
  252  and the names and locations of schools and day care facilities
  253  attended by the children of such consultants or employees are
  254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  255  Constitution if a consultant or employee has made reasonable
  256  efforts to protect such information from being accessible
  257  through other means available to the public. This sub
  258  subparagraph is subject to the Open Government Sunset Review Act
  259  in accordance with s. 119.15 and shall stand repealed on October
  260  2, 2020, unless reviewed and saved from repeal through
  261  reenactment by the Legislature.
  262         o. The home addresses, telephone numbers, dates of birth,
  263  and photographs of current or former emergency medical
  264  technicians or paramedics certified under chapter 401; the
  265  names, home addresses, telephone numbers, dates of birth, and
  266  places of employment of the spouses and children of such
  267  emergency medical technicians or paramedics; and the names and
  268  locations of schools and day care facilities attended by the
  269  children of such emergency medical technicians or paramedics are
  270  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  271  Constitution if the emergency medical technicians or paramedics
  272  have made reasonable efforts to protect such information from
  273  being accessible through other means available to the public.
  274  This sub-subparagraph is subject to the Open Government Sunset
  275  Review Act in accordance with s. 119.15 and shall stand repealed
  276  on October 2, 2021, unless reviewed and saved from repeal
  277  through reenactment by the Legislature.
  278         3. An agency that is the custodian of the information
  279  specified in subparagraph 2. and that is not the employer of the
  280  officer, employee, justice, judge, or other person specified in
  281  subparagraph 2. shall maintain the exempt status of that
  282  information only if the officer, employee, justice, judge, other
  283  person, or employing agency of the designated employee submits a
  284  written request for maintenance of the exemption to the
  285  custodial agency.
  286         4. The exemptions in this paragraph apply to information
  287  held by an agency before, on, or after the effective date of the
  288  exemption.
  289         5. Except as otherwise expressly provided in this
  290  paragraph, this paragraph is subject to the Open Government
  291  Sunset Review Act in accordance with s. 119.15, and shall stand
  292  repealed on October 2, 2017, unless reviewed and saved from
  293  repeal through reenactment by the Legislature.
  294         Section 2. The Legislature finds that it is a public
  295  necessity to exempt from public records requirements the home
  296  addresses, telephone numbers, dates of birth, and photographs of
  297  current or former nonsworn investigative personnel of the
  298  Department of Financial Services whose duties include the
  299  investigation of fraud, theft, workers’ compensation coverage
  300  requirements and compliance, other related criminal activities,
  301  or state regulatory requirement violations; the names, home
  302  addresses, telephone numbers, dates of birth, and places of
  303  employment of the spouses and children of such personnel; and
  304  the names and locations of schools and day care facilities
  305  attended by the children of such personnel. The efforts of such
  306  personnel can lead to arrests and prosecutions for crimes up to
  307  and including first degree felony violations and can also result
  308  in the loss of commerce and property, the assessment of monetary
  309  fines, or the suspension or loss of professional licenses. The
  310  department has documented numerous instances of personnel who
  311  have been threatened and who have feared repercussions as a
  312  result of carrying out their duties. These threats have included
  313  weapons being brandished, verbal threats made to harm them or
  314  their family members, harassment, and intimidation. The
  315  Legislature finds that the release of such personal identifying
  316  and location information might place these nonsworn
  317  investigative personnel of the department and their family
  318  members in danger of physical and emotional harm from
  319  disgruntled individuals who have contentious reactions to
  320  actions taken by such personnel, or whose business or
  321  professional practices have come under the scrutiny of such
  322  personnel. The Legislature further finds that the harm that may
  323  result from the release of such personal identifying and
  324  location information outweighs any public benefit that may be
  325  derived from the disclosure of the information.
  326         Section 3. The Legislature finds that it is a public
  327  necessity that the home addresses, telephone numbers, dates of
  328  birth, and photographs of current or former emergency medical
  329  technicians or paramedics certified under chapter 401, Florida
  330  Statutes; that the names, home addresses, telephone numbers, and
  331  places of employment of the spouses and children of such
  332  emergency medical technicians or paramedics; and that the names
  333  and locations of schools and day care facilities attended by the
  334  children of such emergency medical technicians or paramedics be
  335  exempt from public records requirements if the emergency medical
  336  technicians or paramedics have made reasonable efforts to
  337  protect such information from being accessible through other
  338  means available to the public. Emergency medical technicians or
  339  paramedics are public safety officers whose duties as first
  340  responders to accidents and life-threatening events often place
  341  them in traumatic circumstances in which loss of life and severe
  342  bodily injuries have occurred. They often deal with violent,
  343  angry, or mentally unstable individuals. As a result, the
  344  Legislature finds that release of identifying and location
  345  information of emergency medical technicians or paramedics
  346  certified under chapter 401, Florida Statutes, or the spouses
  347  and children of such emergency medical technicians or
  348  paramedics, could place them in danger of being physically or
  349  emotionally harmed or stalked by a person who has a hostile
  350  reaction to his or her encounter with such emergency medical
  351  technicians or paramedics. The Legislature further finds that
  352  the harm that may result from the release of such identifying
  353  and location information outweighs any public benefit that may
  354  be derived from the disclosure of the information.
  355         Section 4. This act shall take effect upon becoming a law.