Bill Text: FL S0746 | 2019 | Regular Session | Introduced
Bill Title: Public Records/Judicial Assistants
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Messages [S0746 Detail]
Download: Florida-2019-S0746-Introduced.html
Florida Senate - 2019 SB 746
By Senator Wright
14-01023-19 2019746__
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 identifying and
5 location information of current and former judicial
6 assistants and their spouses and children; providing
7 for future legislative review and repeal of the
8 exemption; providing a statement of public necessity;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (d) of subsection (4) of section
14 119.071, Florida Statutes, is amended to read:
15 119.071 General exemptions from inspection or copying of
16 public records.—
17 (4) AGENCY PERSONNEL INFORMATION.—
18 (d)1. For purposes of this paragraph, the term “telephone
19 numbers” includes home telephone numbers, personal cellular
20 telephone numbers, personal pager telephone numbers, and
21 telephone numbers associated with personal communications
22 devices.
23 2.a. The home addresses, telephone numbers, dates of birth,
24 and photographs of active or former sworn or civilian law
25 enforcement personnel, including correctional and correctional
26 probation officers, personnel of the Department of Children and
27 Families whose duties include the investigation of abuse,
28 neglect, exploitation, fraud, theft, or other criminal
29 activities, personnel of the Department of Health whose duties
30 are to support the investigation of child abuse or neglect, and
31 personnel of the Department of Revenue or local governments
32 whose responsibilities include revenue collection and
33 enforcement or child support enforcement; the names, home
34 addresses, telephone numbers, photographs, dates of birth, and
35 places of employment of the spouses and children of such
36 personnel; and the names and locations of schools and day care
37 facilities attended by the children of such personnel are exempt
38 from s. 119.07(1) and s. 24(a), Art. I of the State
39 Constitution. This sub-subparagraph is subject to the Open
40 Government Sunset Review Act in accordance with s. 119.15 and
41 shall stand repealed on October 2, 2022, unless reviewed and
42 saved from repeal through reenactment by the Legislature.
43 b. The home addresses, telephone numbers, dates of birth,
44 and photographs of current or former nonsworn investigative
45 personnel of the Department of Financial Services whose duties
46 include the investigation of fraud, theft, workers’ compensation
47 coverage requirements and compliance, other related criminal
48 activities, or state regulatory requirement violations; the
49 names, home addresses, telephone numbers, dates of birth, and
50 places of employment of the spouses and children of such
51 personnel; and the names and locations of schools and day care
52 facilities attended by the children of such personnel are exempt
53 from s. 119.07(1) and s. 24(a), Art. I of the State
54 Constitution. This sub-subparagraph is subject to the Open
55 Government Sunset Review Act in accordance with s. 119.15 and
56 shall stand repealed on October 2, 2021, unless reviewed and
57 saved from repeal through reenactment by the Legislature.
58 c. The home addresses, telephone numbers, dates of birth,
59 and photographs of current or former nonsworn investigative
60 personnel of the Office of Financial Regulation’s Bureau of
61 Financial Investigations whose duties include the investigation
62 of fraud, theft, other related criminal activities, or state
63 regulatory requirement violations; the names, home addresses,
64 telephone numbers, dates of birth, and places of employment of
65 the spouses and children of such personnel; and the names and
66 locations of schools and day care facilities attended by the
67 children of such personnel are exempt from s. 119.07(1) and s.
68 24(a), Art. I of the State Constitution. This sub-subparagraph
69 is subject to the Open Government Sunset Review Act in
70 accordance with s. 119.15 and shall stand repealed on October 2,
71 2022, unless reviewed and saved from repeal through reenactment
72 by the Legislature.
73 d. The home addresses, telephone numbers, dates of birth,
74 and photographs of current or former firefighters certified in
75 compliance with s. 633.408; the names, home addresses, telephone
76 numbers, photographs, dates of birth, and places of employment
77 of the spouses and children of such firefighters; and the names
78 and locations of schools and day care facilities attended by the
79 children of such firefighters are exempt from s. 119.07(1) and
80 s. 24(a), Art. I of the State Constitution. This sub
81 subparagraph is subject to the Open Government Sunset Review Act
82 in accordance with s. 119.15, and shall stand repealed on
83 October 2, 2022, unless reviewed and saved from repeal through
84 reenactment by the Legislature.
85 e. The home addresses, dates of birth, and telephone
86 numbers of current or former justices of the Supreme Court,
87 district court of appeal judges, circuit court judges, and
88 county court judges, and judicial assistants; the names, home
89 addresses, telephone numbers, dates of birth, and places of
90 employment of the spouses and children of current or former
91 justices, and judges, and judicial assistants; and the names and
92 locations of schools and day care facilities attended by the
93 children of current or former justices, and judges, and judicial
94 assistants are exempt from s. 119.07(1) and s. 24(a), Art. I of
95 the State Constitution. This sub-subparagraph is subject to the
96 Open Government Sunset Review Act in accordance with s. 119.15
97 and shall stand repealed on October 2, 2024 2022, unless
98 reviewed and saved from repeal through reenactment by the
99 Legislature.
100 f. The home addresses, telephone numbers, dates of birth,
101 and photographs of current or former state attorneys, assistant
102 state attorneys, statewide prosecutors, or assistant statewide
103 prosecutors; the names, home addresses, telephone numbers,
104 photographs, dates of birth, and places of employment of the
105 spouses and children of current or former state attorneys,
106 assistant state attorneys, statewide prosecutors, or assistant
107 statewide prosecutors; and the names and locations of schools
108 and day care facilities attended by the children of current or
109 former state attorneys, assistant state attorneys, statewide
110 prosecutors, or assistant statewide prosecutors are exempt from
111 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
112 g. The home addresses, dates of birth, and telephone
113 numbers of general magistrates, special magistrates, judges of
114 compensation claims, administrative law judges of the Division
115 of Administrative Hearings, and child support enforcement
116 hearing officers; the names, home addresses, telephone numbers,
117 dates of birth, and places of employment of the spouses and
118 children of general magistrates, special magistrates, judges of
119 compensation claims, administrative law judges of the Division
120 of Administrative Hearings, and child support enforcement
121 hearing officers; and the names and locations of schools and day
122 care facilities attended by the children of general magistrates,
123 special magistrates, judges of compensation claims,
124 administrative law judges of the Division of Administrative
125 Hearings, and child support enforcement hearing officers are
126 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
127 Constitution. This sub-subparagraph is subject to the Open
128 Government Sunset Review Act in accordance with s. 119.15 and
129 shall stand repealed on October 2, 2022, unless reviewed and
130 saved from repeal through reenactment by the Legislature.
131 h. The home addresses, telephone numbers, dates of birth,
132 and photographs of current or former human resource, labor
133 relations, or employee relations directors, assistant directors,
134 managers, or assistant managers of any local government agency
135 or water management district whose duties include hiring and
136 firing employees, labor contract negotiation, administration, or
137 other personnel-related duties; the names, home addresses,
138 telephone numbers, dates of birth, and places of employment of
139 the spouses and children of such personnel; and the names and
140 locations of schools and day care facilities attended by the
141 children of such personnel are exempt from s. 119.07(1) and s.
142 24(a), Art. I of the State Constitution.
143 i. The home addresses, telephone numbers, dates of birth,
144 and photographs of current or former code enforcement officers;
145 the names, home addresses, telephone numbers, dates of birth,
146 and places of employment of the spouses and children of such
147 personnel; and the names and locations of schools and day care
148 facilities attended by the children of such personnel are exempt
149 from s. 119.07(1) and s. 24(a), Art. I of the State
150 Constitution.
151 j. The home addresses, telephone numbers, places of
152 employment, dates of birth, and photographs of current or former
153 guardians ad litem, as defined in s. 39.820; the names, home
154 addresses, telephone numbers, dates of birth, and places of
155 employment of the spouses and children of such persons; and the
156 names and locations of schools and day care facilities attended
157 by the children of such persons are exempt from s. 119.07(1) and
158 s. 24(a), Art. I of the State Constitution. This sub
159 subparagraph is subject to the Open Government Sunset Review Act
160 in accordance with s. 119.15 and shall stand repealed on October
161 2, 2022, unless reviewed and saved from repeal through
162 reenactment by the Legislature.
163 k. 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 l. The home addresses, telephone numbers, dates of birth,
181 and photographs of current or former public defenders, assistant
182 public defenders, criminal conflict and civil regional counsel,
183 and assistant criminal conflict and civil regional counsel; the
184 names, home addresses, telephone numbers, dates of birth, and
185 places of employment of the spouses and children of current or
186 former public defenders, assistant public defenders, criminal
187 conflict and civil regional counsel, and assistant criminal
188 conflict and civil regional counsel; and the names and locations
189 of schools and day care facilities attended by the children of
190 current or former public defenders, assistant public defenders,
191 criminal conflict and civil regional counsel, and assistant
192 criminal conflict and civil regional counsel are exempt from s.
193 119.07(1) and s. 24(a), Art. I of the State Constitution.
194 m. The home addresses, telephone numbers, dates of birth,
195 and photographs of current or former investigators or inspectors
196 of the Department of Business and Professional Regulation; the
197 names, home addresses, telephone numbers, dates of birth, and
198 places of employment of the spouses and children of such current
199 or former investigators and inspectors; and the names and
200 locations of schools and day care facilities attended by the
201 children of such current or former investigators and inspectors
202 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
203 Constitution. This sub-subparagraph is subject to the Open
204 Government Sunset Review Act in accordance with s. 119.15 and
205 shall stand repealed on October 2, 2022, unless reviewed and
206 saved from repeal through reenactment by the Legislature.
207 n. The home addresses, telephone numbers, and dates of
208 birth of county tax collectors; the names, home addresses,
209 telephone numbers, dates of birth, and places of employment of
210 the spouses and children of such tax collectors; and the names
211 and locations of schools and day care facilities attended by the
212 children of such tax collectors are exempt from s. 119.07(1) and
213 s. 24(a), Art. I of the State Constitution. This sub
214 subparagraph is subject to the Open Government Sunset Review Act
215 in accordance with s. 119.15 and shall stand repealed on October
216 2, 2022, unless reviewed and saved from repeal through
217 reenactment by the Legislature.
218 o. The home addresses, telephone numbers, dates of birth,
219 and photographs of current or former personnel of the Department
220 of Health whose duties include, or result in, the determination
221 or adjudication of eligibility for social security disability
222 benefits, the investigation or prosecution of complaints filed
223 against health care practitioners, or the inspection of health
224 care practitioners or health care facilities licensed by the
225 Department of Health; the names, home addresses, telephone
226 numbers, dates of birth, and places of employment of the spouses
227 and children of such personnel; and the names and locations of
228 schools and day care facilities attended by the children of such
229 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
230 the State Constitution. This sub-subparagraph is subject to the
231 Open Government Sunset Review Act in accordance with s. 119.15
232 and shall stand repealed on October 2, 2019, unless reviewed and
233 saved from repeal through reenactment by the Legislature.
234 p. The home addresses, telephone numbers, dates of birth,
235 and photographs of current or former impaired practitioner
236 consultants who are retained by an agency or current or former
237 employees of an impaired practitioner consultant whose duties
238 result in a determination of a person’s skill and safety to
239 practice a licensed profession; the names, home addresses,
240 telephone numbers, dates of birth, and places of employment of
241 the spouses and children of such consultants or their employees;
242 and the names and locations of schools and day care facilities
243 attended by the children of such consultants or employees are
244 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
245 Constitution. This sub-subparagraph is subject to the Open
246 Government Sunset Review Act in accordance with s. 119.15 and
247 shall stand repealed on October 2, 2020, unless reviewed and
248 saved from repeal through reenactment by the Legislature.
249 q. The home addresses, telephone numbers, dates of birth,
250 and photographs of current or former emergency medical
251 technicians or paramedics certified under chapter 401; the
252 names, home addresses, telephone numbers, dates of birth, and
253 places of employment of the spouses and children of such
254 emergency medical technicians or paramedics; and the names and
255 locations of schools and day care facilities attended by the
256 children of such emergency medical technicians or paramedics are
257 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
258 Constitution. This sub-subparagraph is subject to the Open
259 Government Sunset Review Act in accordance with s. 119.15 and
260 shall stand repealed on October 2, 2021, unless reviewed and
261 saved from repeal through reenactment by the Legislature.
262 r. The home addresses, telephone numbers, dates of birth,
263 and photographs of current or former personnel employed in an
264 agency’s office of inspector general or internal audit
265 department whose duties include auditing or investigating waste,
266 fraud, abuse, theft, exploitation, or other activities that
267 could lead to criminal prosecution or administrative discipline;
268 the names, home addresses, telephone numbers, dates of birth,
269 and places of employment of spouses and children of such
270 personnel; and the names and locations of schools and day care
271 facilities attended by the children of such personnel are exempt
272 from s. 119.07(1) and s. 24(a), Art. I of the State
273 Constitution. This sub-subparagraph is subject to the Open
274 Government Sunset Review Act in accordance with s. 119.15 and
275 shall stand repealed on October 2, 2021, unless reviewed and
276 saved from repeal through reenactment by the Legislature.
277 s. The home addresses, telephone numbers, dates of birth,
278 and photographs of current or former directors, managers,
279 supervisors, nurses, and clinical employees of an addiction
280 treatment facility; the home addresses, telephone numbers,
281 photographs, dates of birth, and places of employment of the
282 spouses and children of such personnel; and the names and
283 locations of schools and day care facilities attended by the
284 children of such personnel are exempt from s. 119.07(1) and s.
285 24(a), Art. I of the State Constitution. For purposes of this
286 sub-subparagraph, the term “addiction treatment facility” means
287 a county government, or agency thereof, that is licensed
288 pursuant to s. 397.401 and provides substance abuse prevention,
289 intervention, or clinical treatment, including any licensed
290 service component described in s. 397.311(26). This sub
291 subparagraph is subject to the Open Government Sunset Review Act
292 in accordance with s. 119.15 and shall stand repealed on October
293 2, 2023, unless reviewed and saved from repeal through
294 reenactment by the Legislature.
295 t. The home addresses, telephone numbers, dates of birth,
296 and photographs of current or former directors, managers,
297 supervisors, and clinical employees of a child advocacy center
298 that meets the standards of s. 39.3035(1) and fulfills the
299 screening requirement of s. 39.3035(2), and the members of a
300 child protection team as described in s. 39.303 whose duties
301 include supporting the investigation of child abuse or sexual
302 abuse, child abandonment, child neglect, and child exploitation
303 or to provide services as part of a multidisciplinary case
304 review team; the names, home addresses, telephone numbers,
305 photographs, dates of birth, and places of employment of the
306 spouses and children of such personnel and members; and the
307 names and locations of schools and day care facilities attended
308 by the children of such personnel and members are exempt from s.
309 119.07(1) and s. 24(a), Art. I of the State Constitution. This
310 sub-subparagraph is subject to the Open Government Sunset Review
311 Act in accordance with s. 119.15 and shall stand repealed on
312 October 2, 2023, unless reviewed and saved from repeal through
313 reenactment by the Legislature.
314 3. An agency that is the custodian of the information
315 specified in subparagraph 2. and that is not the employer of the
316 officer, employee, justice, judge, or other person specified in
317 subparagraph 2. shall maintain the exempt status of that
318 information only if the officer, employee, justice, judge, other
319 person, or employing agency of the designated employee submits a
320 written request for maintenance of the exemption to the
321 custodial agency.
322 4. The exemptions in this paragraph apply to information
323 held by an agency before, on, or after the effective date of the
324 exemption.
325 Section 2. The Legislature finds that it is a public
326 necessity that the home addresses, dates of birth, and telephone
327 numbers of current or former judicial assistants; the names,
328 home addresses, telephone numbers, dates of birth, and places of
329 employment of the spouses and children of such judicial
330 assistants; and the names and locations of schools and day care
331 facilities attended by the children of such judicial assistants
332 be made exempt from s. 119.07(1), Florida Statutes, and s.
333 24(a), Article I of the State Constitution. Such identifying and
334 location information can be used as a tool to perpetuate fraud
335 against an individual and to acquire sensitive personal,
336 financial, medical, and familial information, the release of
337 which could cause great financial harm to the individual. In the
338 course of assisting in making rulings, entering judgments,
339 imposing sentences, or reviewing cases, judicial assistants
340 frequently do not create good will with litigants, the accused,
341 the convicted, and their associates and families, thus making
342 the judicial assistants, and their spouses and children, targets
343 for acts of revenge. This risk continues after judicial
344 assistants complete their public service. Disgruntled
345 individuals may wait to commit an act of revenge until the
346 employment of a judicial assistant ends. If such identifying and
347 location information were released, the safety of current or
348 former judicial assistants and their spouses and children could
349 be seriously jeopardized. For these reasons, the Legislature
350 finds that it is a public necessity that such information be
351 made exempt from public records requirements.
352 Section 3. This act shall take effect July 1, 2019.
