Florida Senate - 2015 SB 674 By Senator Evers 2-00451-15 2015674__ 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 or former servicemembers of 6 military special operations units and the spouses and 7 children of such servicemembers; providing for future 8 legislative review and repeal of the exemption; 9 providing a statement of public necessity; providing 10 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. For purposes of this paragraph, the term “telephone 20 numbers” includes home telephone numbers, personal cellular 21 telephone numbers, personal pager telephone numbers, and 22 telephone numbers associated with personal communications 23 devices. 24 2.a.(I) The home addresses, telephone numbers, social 25 security numbers, dates of birth, and photographs of active or 26 former sworn or civilian law enforcement personnel, including 27 correctional and correctional probation officers, personnel of 28 the Department of Children and Families whose duties include the 29 investigation of abuse, neglect, exploitation, fraud, theft, or 30 other criminal activities, personnel of the Department of Health 31 whose duties are to support the investigation of child abuse or 32 neglect, and personnel of the Department of Revenue or local 33 governments whose responsibilities include revenue collection 34 and enforcement or child support enforcement; the home 35 addresses, telephone numbers, social security numbers, 36 photographs, dates of birth, and places of employment of the 37 spouses and children of such personnel; and the names and 38 locations of schools and day care facilities attended by the 39 children of such personnel are exempt from s. 119.07(1). 40 (II) The names of the spouses and children of active or 41 former sworn or civilian law enforcement personnel and the other 42 specified agency personnel identified in sub-sub-subparagraph 43 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the 44 State Constitution. 45 (III) Sub-sub-subparagraph (II) is subject to the Open 46 Government Sunset Review Act in accordance with s. 119.15, and 47 shall stand repealed on October 2, 2018, unless reviewed and 48 saved from repeal through reenactment by the Legislature. 49 b. The home addresses, telephone numbers, dates of birth, 50 and photographs of firefighters certified in compliance with s. 51 633.408; the home addresses, telephone numbers, photographs, 52 dates of birth, and places of employment of the spouses and 53 children of such firefighters; and the names and locations of 54 schools and day care facilities attended by the children of such 55 firefighters are exempt from s. 119.07(1). 56 c. The home addresses, dates of birth, and telephone 57 numbers of current or former justices of the Supreme Court, 58 district court of appeal judges, circuit court judges, and 59 county court judges; the home addresses, telephone numbers, 60 dates of birth, and places of employment of the spouses and 61 children of current or former justices and judges; and the names 62 and locations of schools and day care facilities attended by the 63 children of current or former justices and judges are exempt 64 from s. 119.07(1). 65 d.(I) The home addresses, telephone numbers, social 66 security numbers, dates of birth, and photographs of current or 67 former state attorneys, assistant state attorneys, statewide 68 prosecutors, or assistant statewide prosecutors; the home 69 addresses, telephone numbers, social security numbers, 70 photographs, dates of birth, and places of employment of the 71 spouses and children of current or former state attorneys, 72 assistant state attorneys, statewide prosecutors, or assistant 73 statewide prosecutors; and the names and locations of schools 74 and day care facilities attended by the children of current or 75 former state attorneys, assistant state attorneys, statewide 76 prosecutors, or assistant statewide prosecutors are exempt from 77 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 78 (II) The names of the spouses and children of current or 79 former state attorneys, assistant state attorneys, statewide 80 prosecutors, or assistant statewide prosecutors are exempt from 81 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 82 (III) Sub-sub-subparagraph (II) is subject to the Open 83 Government Sunset Review Act in accordance with s. 119.15, and 84 shall stand repealed on October 2, 2018, unless reviewed and 85 saved from repeal through reenactment by the Legislature. 86 e. The home addresses, dates of birth, and telephone 87 numbers of general magistrates, special magistrates, judges of 88 compensation claims, administrative law judges of the Division 89 of Administrative Hearings, and child support enforcement 90 hearing officers; the home addresses, telephone numbers, dates 91 of birth, and places of employment of the spouses and children 92 of general magistrates, special magistrates, judges of 93 compensation claims, administrative law judges of the Division 94 of Administrative Hearings, and child support enforcement 95 hearing officers; and the names and locations of schools and day 96 care facilities attended by the children of general magistrates, 97 special magistrates, judges of compensation claims, 98 administrative law judges of the Division of Administrative 99 Hearings, and child support enforcement hearing officers are 100 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 101 Constitution if the general magistrate, special magistrate, 102 judge of compensation claims, administrative law judge of the 103 Division of Administrative Hearings, or child support hearing 104 officer provides a written statement that the general 105 magistrate, special magistrate, judge of compensation claims, 106 administrative law judge of the Division of Administrative 107 Hearings, or child support hearing officer has made reasonable 108 efforts to protect such information from being accessible 109 through other means available to the public. 110 f. The home addresses, telephone numbers, dates of birth, 111 and photographs of current or former human resource, labor 112 relations, or employee relations directors, assistant directors, 113 managers, or assistant managers of any local government agency 114 or water management district whose duties include hiring and 115 firing employees, labor contract negotiation, administration, or 116 other personnel-related duties; the names, home addresses, 117 telephone numbers, dates of birth, and places of employment of 118 the spouses and children of such personnel; and the names and 119 locations of schools and day care facilities attended by the 120 children of such personnel are exempt from s. 119.07(1) and s. 121 24(a), Art. I of the State Constitution. 122 g. The home addresses, telephone numbers, dates of birth, 123 and photographs of current or former code enforcement officers; 124 the names, home addresses, telephone numbers, dates of birth, 125 and places of employment of the spouses and children of such 126 personnel; and the names and locations of schools and day care 127 facilities attended by the children of such personnel are exempt 128 from s. 119.07(1) and s. 24(a), Art. I of the State 129 Constitution. 130 h. The home addresses, telephone numbers, places of 131 employment, dates of birth, and photographs of current or former 132 guardians ad litem, as defined in s. 39.820; the names, home 133 addresses, telephone numbers, dates of birth, and places of 134 employment of the spouses and children of such persons; and the 135 names and locations of schools and day care facilities attended 136 by the children of such persons are exempt from s. 119.07(1) and 137 s. 24(a), Art. I of the State Constitution, if the guardian ad 138 litem provides a written statement that the guardian ad litem 139 has made reasonable efforts to protect such information from 140 being accessible through other means available to the public. 141 i. The home addresses, telephone numbers, dates of birth, 142 and photographs of current or former juvenile probation 143 officers, juvenile probation supervisors, detention 144 superintendents, assistant detention superintendents, juvenile 145 justice detention officers I and II, juvenile justice detention 146 officer supervisors, juvenile justice residential officers, 147 juvenile justice residential officer supervisors I and II, 148 juvenile justice counselors, juvenile justice counselor 149 supervisors, human services counselor administrators, senior 150 human services counselor administrators, rehabilitation 151 therapists, and social services counselors of the Department of 152 Juvenile Justice; the names, home addresses, telephone numbers, 153 dates of birth, and places of employment of spouses and children 154 of such personnel; and the names and locations of schools and 155 day care facilities attended by the children of such personnel 156 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 157 Constitution. 158 j.(I) The home addresses, telephone numbers, dates of 159 birth, and photographs of current or former public defenders, 160 assistant public defenders, criminal conflict and civil regional 161 counsel, and assistant criminal conflict and civil regional 162 counsel; the home addresses, telephone numbers, dates of birth, 163 and places of employment of the spouses and children of such 164 defenders or counsel; and the names and locations of schools and 165 day care facilities attended by the children of such defenders 166 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of 167 the State Constitution. 168 (II) The names of the spouses and children of the specified 169 agency personnel identified in sub-sub-subparagraph (I) are 170 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 171 Constitution. This sub-sub-subparagraph is subject to the Open 172 Government Sunset Review Act in accordance with s. 119.15 and 173 shall stand repealed on October 2, 2019, unless reviewed and 174 saved from repeal through reenactment by the Legislature. 175 k. The home addresses, telephone numbers, and photographs 176 of current or former investigators or inspectors of the 177 Department of Business and Professional Regulation; the names, 178 home addresses, telephone numbers, and places of employment of 179 the spouses and children of such current or former investigators 180 and inspectors; and the names and locations of schools and day 181 care facilities attended by the children of such current or 182 former investigators and inspectors are exempt from s. 119.07(1) 183 and s. 24(a), Art. I of the State Constitution if the 184 investigator or inspector has made reasonable efforts to protect 185 such information from being accessible through other means 186 available to the public. This sub-subparagraph is subject to the 187 Open Government Sunset Review Act in accordance with s. 119.15 188 and shall stand repealed on October 2, 2017, unless reviewed and 189 saved from repeal through reenactment by the Legislature. 190 l. The home addresses and telephone numbers of county tax 191 collectors; the names, home addresses, telephone numbers, and 192 places of employment of the spouses and children of such tax 193 collectors; and the names and locations of schools and day care 194 facilities attended by the children of such tax collectors are 195 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 196 Constitution if the county tax collector has made reasonable 197 efforts to protect such information from being accessible 198 through other means available to the public. This sub 199 subparagraph is subject to the Open Government Sunset Review Act 200 in accordance with s. 119.15 and shall stand repealed on October 201 2, 2017, unless reviewed and saved from repeal through 202 reenactment by the Legislature. 203 m. The home addresses, telephone numbers, dates of birth, 204 and photographs of current or former personnel of the Department 205 of Health whose duties include, or result in, the determination 206 or adjudication of eligibility for social security disability 207 benefits, the investigation or prosecution of complaints filed 208 against health care practitioners, or the inspection of health 209 care practitioners or health care facilities licensed by the 210 Department of Health; the names, home addresses, telephone 211 numbers, dates of birth, and places of employment of the spouses 212 and children of such personnel; and the names and locations of 213 schools and day care facilities attended by the children of such 214 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 215 the State Constitution if the personnel have made reasonable 216 efforts to protect such information from being accessible 217 through other means available to the public. This sub 218 subparagraph is subject to the Open Government Sunset Review Act 219 in accordance with s. 119.15 and shall stand repealed on October 220 2, 2019, unless reviewed and saved from repeal through 221 reenactment by the Legislature. 222 n. The home addresses, telephone numbers, dates of birth, 223 and photographs of current or former servicemembers of the 224 United States military special operations units; the names, home 225 addresses, telephone numbers, dates of birth, and places of 226 employment of the spouses and children of such servicemembers; 227 and the names and locations of schools and day care facilities 228 attended by the children of such servicemembers are exempt from 229 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 230 This sub-subparagraph is subject to the Open Government Sunset 231 Review Act in accordance with s. 119.15 and shall stand repealed 232 on October 2, 2020, unless reviewed and saved from repeal 233 through reenactment by the Legislature. 234 3. An agency that is the custodian of the information 235 specified in subparagraph 2. and that is not the employer of the 236 officer, employee, justice, judge, or other person specified in 237 subparagraph 2. shall maintain the exempt status of that 238 information only if the officer, employee, justice, judge, other 239 person, or employing agency of the designated employee submits a 240 written request for maintenance of the exemption to the 241 custodial agency. 242 4. The exemptions in this paragraph apply to information 243 held by an agency before, on, or after the effective date of the 244 exemption. 245 5. Except as otherwise expressly provided in this 246 paragraph, this paragraph is subject to the Open Government 247 Sunset Review Act in accordance with s. 119.15, and shall stand 248 repealed on October 2, 2017, unless reviewed and saved from 249 repeal through reenactment by the Legislature. 250 Section 2. The Legislature finds that it is a public 251 necessity that the home addresses, telephone numbers, dates of 252 birth, and photographs of current or former servicemembers of 253 United States military special operations units; the names, home 254 addresses, telephone numbers, dates of birth, and places of 255 employment of the spouses and children of such servicemembers; 256 and the names and locations of schools and day care facilities 257 attended by the children of such servicemembers be made exempt 258 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 259 the State Constitution. United States military special 260 operations units perform among the most critical, most 261 effective, and most dangerous operations in defense of our 262 nation’s freedom. The unique missions undertaken by special 263 operations units render these servicemembers and their families 264 among the most critical assets worthy of protection in our state 265 and country. Allowing public access to the names, addresses, and 266 identifying information of current or former servicemembers of 267 United States military special operations units and their 268 families can endanger these servicemembers, their spouses, and 269 their children. Protecting current and former servicemembers of 270 the United States military special operations units, their 271 spouses, and their children outweighs any public benefit that 272 may be derived from the disclosure of the identifying 273 information protected herein. 274 Section 3. This act shall take effect October 1, 2015.