Bill Text: FL S0916 | 2012 | Regular Session | Introduced

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

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Bill Title: Public Records/Personal Indentifying Information/Certain Current and Former Public Employees, Spouses, and Children

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-03-07 - Laid on Table, refer to CS/HB 629 -SJ 917 [S0916 Detail]

Download: Florida-2012-S0916-Introduced.html

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       Florida Senate - 2012                                     SB 916
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00794-12                                            2012916__
    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 date of birth of certain
    5         public employees; clarifying that the exemption
    6         applies to sworn or civilian law enforcement
    7         personnel; defining the term “telephone numbers”;
    8         providing for future legislative review and repeal of
    9         the exemption under the Open Government Sunset Review
   10         Act; providing a statement of public necessity;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (4) of section 119.071, Florida
   16  Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (a) The social security numbers of all current and former
   21  agency employees which numbers are held by the employing agency
   22  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   23  I of the State Constitution. This paragraph is subject to the
   24  Open Government Sunset Review Act in accordance with s. 119.15
   25  and shall stand repealed on October 2, 2014, unless reviewed and
   26  saved from repeal through reenactment by the Legislature.
   27         (b)1. Medical information pertaining to a prospective,
   28  current, or former officer or employee of an agency which, if
   29  disclosed, would identify that officer or employee is exempt
   30  from s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution. However, such information may be disclosed if the
   32  person to whom the information pertains or the person’s legal
   33  representative provides written permission or pursuant to court
   34  order.
   35         2.a. Personal identifying information of a dependent child
   36  of a current or former officer or employee of an agency, which
   37  dependent child is insured by an agency group insurance plan, is
   38  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   39  Constitution. For purposes of this exemption, “dependent child”
   40  has the same meaning as in s. 409.2554.
   41         b. This exemption is remedial in nature and applies to
   42  personal identifying information held by an agency before, on,
   43  or after the effective date of this exemption.
   44         c. This subparagraph is subject to the Open Government
   45  Sunset Review Act in accordance with s. 119.15 and shall stand
   46  repealed on October 2, 2014, unless reviewed and saved from
   47  repeal through reenactment by the Legislature.
   48         (c) Any information revealing undercover personnel of any
   49  criminal justice agency is exempt from s. 119.07(1) and s.
   50  24(a), Art. I of the State Constitution.
   51         (d)1.a. The home addresses, telephone numbers, social
   52  security numbers, dates of birth, and photographs of active or
   53  former sworn or civilian law enforcement personnel, including
   54  correctional and correctional probation officers, personnel of
   55  the Department of Children and Family Services whose duties
   56  include the investigation of abuse, neglect, exploitation,
   57  fraud, theft, or other criminal activities, personnel of the
   58  Department of Health whose duties are to support the
   59  investigation of child abuse or neglect, and personnel of the
   60  Department of Revenue or local governments whose
   61  responsibilities include revenue collection and enforcement or
   62  child support enforcement; the home addresses, telephone
   63  numbers, social security numbers, dates of birth, photographs,
   64  and places of employment of the spouses and children of such
   65  personnel; and the names and locations of schools and day care
   66  facilities attended by the children of such personnel are exempt
   67  from s. 119.07(1).
   68         b. The home addresses, telephone numbers, dates of birth,
   69  and photographs of firefighters certified in compliance with s.
   70  633.35; the home addresses, telephone numbers, dates of birth,
   71  photographs, and places of employment of the spouses and
   72  children of such firefighters; and the names and locations of
   73  schools and day care facilities attended by the children of such
   74  firefighters are exempt from s. 119.07(1).
   75         c. The home addresses, dates of birth, and telephone
   76  numbers of justices of the Supreme Court, district court of
   77  appeal judges, circuit court judges, and county court judges;
   78  the home addresses, telephone numbers, dates of birth, and
   79  places of employment of the spouses and children of justices and
   80  judges; and the names and locations of schools and day care
   81  facilities attended by the children of justices and judges are
   82  exempt from s. 119.07(1).
   83         d. The home addresses, telephone numbers, social security
   84  numbers, dates of birth, and photographs of current or former
   85  state attorneys, assistant state attorneys, statewide
   86  prosecutors, or assistant statewide prosecutors; the home
   87  addresses, telephone numbers, social security numbers, dates of
   88  birth, photographs, and places of employment of the spouses and
   89  children of current or former state attorneys, assistant state
   90  attorneys, statewide prosecutors, or assistant statewide
   91  prosecutors; and the names and locations of schools and day care
   92  facilities attended by the children of current or former state
   93  attorneys, assistant state attorneys, statewide prosecutors, or
   94  assistant statewide prosecutors are exempt from s. 119.07(1) and
   95  s. 24(a), Art. I of the State Constitution.
   96         e. The home addresses, dates of birth, and telephone
   97  numbers of general magistrates, special magistrates, judges of
   98  compensation claims, administrative law judges of the Division
   99  of Administrative Hearings, and child support enforcement
  100  hearing officers; the home addresses, telephone numbers, dates
  101  of birth, and places of employment of the spouses and children
  102  of general magistrates, special magistrates, judges of
  103  compensation claims, administrative law judges of the Division
  104  of Administrative Hearings, and child support enforcement
  105  hearing officers; and the names and locations of schools and day
  106  care facilities attended by the children of general magistrates,
  107  special magistrates, judges of compensation claims,
  108  administrative law judges of the Division of Administrative
  109  Hearings, and child support enforcement hearing officers are
  110  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  111  Constitution if the general magistrate, special magistrate,
  112  judge of compensation claims, administrative law judge of the
  113  Division of Administrative Hearings, or child support hearing
  114  officer provides a written statement that the general
  115  magistrate, special magistrate, judge of compensation claims,
  116  administrative law judge of the Division of Administrative
  117  Hearings, or child support hearing officer has made reasonable
  118  efforts to protect such information from being accessible
  119  through other means available to the public. This sub
  120  subparagraph is subject to the Open Government Sunset Review Act
  121  in accordance with s. 119.15, and shall stand repealed on
  122  October 2, 2013, unless reviewed and saved from repeal through
  123  reenactment by the Legislature.
  124         f. The home addresses, telephone numbers, dates of birth,
  125  and photographs of current or former human resource, labor
  126  relations, or employee relations directors, assistant directors,
  127  managers, or assistant managers of any local government agency
  128  or water management district whose duties include hiring and
  129  firing employees, labor contract negotiation, administration, or
  130  other personnel-related duties; the names, home addresses,
  131  telephone numbers, dates of birth, and places of employment of
  132  the spouses and children of such personnel; and the names and
  133  locations of schools and day care facilities attended by the
  134  children of such personnel are exempt from s. 119.07(1) and s.
  135  24(a), Art. I of the State Constitution.
  136         g. The home addresses, telephone numbers, dates of birth,
  137  and photographs of current or former code enforcement officers;
  138  the names, home addresses, telephone numbers, dates of birth,
  139  and places of employment of the spouses and children of such
  140  personnel; and the names and locations of schools and day care
  141  facilities attended by the children of such personnel are exempt
  142  from s. 119.07(1) and s. 24(a), Art. I of the State
  143  Constitution.
  144         h. The home addresses, telephone numbers, dates of birth,
  145  places of employment, and photographs of current or former
  146  guardians ad litem, as defined in s. 39.820; the names, home
  147  addresses, telephone numbers, dates of birth, and places of
  148  employment of the spouses and children of such persons; and the
  149  names and locations of schools and day care facilities attended
  150  by the children of such persons are exempt from s. 119.07(1) and
  151  s. 24(a), Art. I of the State Constitution, if the guardian ad
  152  litem provides a written statement that the guardian ad litem
  153  has made reasonable efforts to protect such information from
  154  being accessible through other means available to the public.
  155  This sub-subparagraph is subject to the Open Government Sunset
  156  Review Act in accordance with s. 119.15 and shall stand repealed
  157  on October 2, 2015, unless reviewed and saved from repeal
  158  through reenactment by the Legislature.
  159         i. The home addresses, telephone numbers, dates of birth,
  160  and photographs of current or former juvenile probation
  161  officers, juvenile probation supervisors, detention
  162  superintendents, assistant detention superintendents, juvenile
  163  justice detention officers I and II, juvenile justice detention
  164  officer supervisors, juvenile justice residential officers,
  165  juvenile justice residential officer supervisors I and II,
  166  juvenile justice counselors, juvenile justice counselor
  167  supervisors, human services counselor administrators, senior
  168  human services counselor administrators, rehabilitation
  169  therapists, and social services counselors of the Department of
  170  Juvenile Justice; the names, home addresses, telephone numbers,
  171  dates of birth, and places of employment of spouses and children
  172  of such personnel; and the names and locations of schools and
  173  day care facilities attended by the children of such personnel
  174  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  175  Constitution.
  176         j. The home addresses, telephone numbers, dates of birth,
  177  and photographs of current or former public defenders, assistant
  178  public defenders, criminal conflict and civil regional counsel,
  179  and assistant criminal conflict and civil regional counsel; the
  180  home addresses, telephone numbers, dates of birth, and places of
  181  employment of the spouses and children of such defenders or
  182  counsel; and the names and locations of schools and day care
  183  facilities attended by the children of such defenders or counsel
  184  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  185  Constitution. This sub-subparagraph is subject to the Open
  186  Government Sunset Review Act in accordance with s. 119.15 and
  187  shall stand repealed on October 2, 2015, unless reviewed and
  188  saved from repeal through reenactment by the Legislature.
  189         k. For purposes of this paragraph, the term, “telephone
  190  numbers” includes a home telephone number; a personal cellular
  191  telephone number; a personal pager telephone number; a telephone
  192  number associated with personal communications device; or a
  193  telephone number associated with an agency cellular telephone,
  194  pager, or other personal communications device issued or
  195  assigned to agency personnel in furtherance of their duties. The
  196  term does not include an agency contact telephone number that
  197  the agency commonly makes available to the general public.
  198         2. An agency that is the custodian of the information
  199  specified in subparagraph 1. and that is not the employer of the
  200  officer, employee, justice, judge, or other person specified in
  201  subparagraph 1. shall maintain the exempt status of that
  202  information only if the officer, employee, justice, judge, other
  203  person, or employing agency of the designated employee submits a
  204  written request for maintenance of the exemption to the
  205  custodial agency.
  206         (e) The exemption provided for dates of birth in this
  207  subsection is subject to the Open Government Sunset Review Act
  208  in accordance with s. 119.15, and shall stand repealed on
  209  October 2, 2017, unless reviewed and saved from repeal through
  210  reenactment by the Legislature.
  211         Section 2. The Legislature finds that it is a public
  212  necessity that the dates of birth of certain employees of
  213  agencies be made exempt from s. 24(a), Article I of the State
  214  Constitution. An agency needs the date of birth information from
  215  an employee for identifying purposes as its role as an employer.
  216  If such information is available as a public record, fewer
  217  people may be willing to provide the information. The
  218  Legislature recognizes that date of birth information can be
  219  used as a tool to perpetuate fraud against an employee and to
  220  acquire sensitive personal, financial, medical, and familial
  221  information, the release of which could cause great financial or
  222  personal harm to an employee. Without a public records
  223  exemption, a person could use the date of birth information to
  224  further identity fraud or for other criminal purposes. For these
  225  reasons, the public records exemption provided in this act is
  226  necessary for the effective administration of agency personnel.
  227         Section 3. This act shall take effect July 1, 2012.