Bill Text: FL S1186 | 2016 | Regular Session | Introduced
Bill Title: Public Records/Former Firefighters/Identification and Location Information
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Banking and Insurance [S1186 Detail]
Download: Florida-2016-S1186-Introduced.html
Florida Senate - 2016 SB 1186
By Senator Bullard
39-01537-16 20161186__
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 identification and
5 location information relating to former firefighters
6 and their spouses and children; providing for future
7 legislative review and repeal of the exemption;
8 providing a statement of public necessity; providing
9 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.(I) The home addresses, telephone numbers, social
24 security numbers, dates of birth, and photographs of active or
25 former sworn or civilian law enforcement personnel, including
26 correctional and correctional probation officers, personnel of
27 the Department of Children and Families whose duties include the
28 investigation of abuse, neglect, exploitation, fraud, theft, or
29 other criminal activities, personnel of the Department of Health
30 whose duties are to support the investigation of child abuse or
31 neglect, and personnel of the Department of Revenue or local
32 governments whose responsibilities include revenue collection
33 and enforcement or child support enforcement; the home
34 addresses, telephone numbers, social security numbers,
35 photographs, dates of birth, and places of employment of the
36 spouses and children of such personnel; and the names and
37 locations of schools and day care facilities attended by the
38 children of such personnel are exempt from s. 119.07(1).
39 (II) The names of the spouses and children of active or
40 former sworn or civilian law enforcement personnel and the other
41 specified agency personnel identified in sub-sub-subparagraph
42 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
43 State Constitution.
44 (III) Sub-sub-subparagraph (II) is subject to the Open
45 Government Sunset Review Act in accordance with s. 119.15, and
46 shall stand repealed on October 2, 2018, unless reviewed and
47 saved from repeal through reenactment by the Legislature.
48 b.(I) The home addresses, telephone numbers, dates of
49 birth, and photographs of firefighters certified in compliance
50 with s. 633.408; the home addresses, telephone numbers,
51 photographs, dates of birth, and places of employment of the
52 spouses and children of such firefighters; and the names and
53 locations of schools and day care facilities attended by the
54 children of such firefighters are exempt from s. 119.07(1).
55 (II) The home addresses, telephone numbers, dates of birth,
56 and photographs of former firefighters certified in compliance
57 with s. 633.408; the home addresses, telephone numbers,
58 photographs, dates of birth, and places of employment of the
59 spouses and children of such firefighters; and the names and
60 locations of schools and day care facilities attended by the
61 children of such firefighters are exempt from s. 119.07(1) and
62 s. 24(a), Art. I of the State Constitution. This sub-sub
63 subparagraph is subject to the Open Government Sunset Review Act
64 in accordance with s. 119.15, and shall stand repealed on
65 October 2, 2021, unless reviewed and saved from repeal through
66 reenactment by the Legislature.
67 c. The home addresses, dates of birth, and telephone
68 numbers of current or former justices of the Supreme Court,
69 district court of appeal judges, circuit court judges, and
70 county court judges; the home addresses, telephone numbers,
71 dates of birth, and places of employment of the spouses and
72 children of current or former justices and judges; and the names
73 and locations of schools and day care facilities attended by the
74 children of current or former justices and judges are exempt
75 from s. 119.07(1).
76 d.(I) The home addresses, telephone numbers, social
77 security numbers, dates of birth, and photographs of current or
78 former state attorneys, assistant state attorneys, statewide
79 prosecutors, or assistant statewide prosecutors; the home
80 addresses, telephone numbers, social security numbers,
81 photographs, dates of birth, and places of employment of the
82 spouses and children of current or former state attorneys,
83 assistant state attorneys, statewide prosecutors, or assistant
84 statewide prosecutors; and the names and locations of schools
85 and day care facilities attended by the children of current or
86 former state attorneys, assistant state attorneys, statewide
87 prosecutors, or assistant statewide prosecutors are exempt from
88 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
89 (II) The names of the spouses and children of current or
90 former state attorneys, assistant state attorneys, statewide
91 prosecutors, or assistant statewide prosecutors are exempt from
92 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
93 (III) Sub-sub-subparagraph (II) is subject to the Open
94 Government Sunset Review Act in accordance with s. 119.15, and
95 shall stand repealed on October 2, 2018, unless reviewed and
96 saved from repeal through reenactment by the Legislature.
97 e. The home addresses, dates of birth, and telephone
98 numbers of general magistrates, special magistrates, judges of
99 compensation claims, administrative law judges of the Division
100 of Administrative Hearings, and child support enforcement
101 hearing officers; the home addresses, telephone numbers, dates
102 of birth, and places of employment of the spouses and children
103 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; and the names and locations of schools and day
107 care facilities attended by the children of general magistrates,
108 special magistrates, judges of compensation claims,
109 administrative law judges of the Division of Administrative
110 Hearings, and child support enforcement hearing officers are
111 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
112 Constitution if the general magistrate, special magistrate,
113 judge of compensation claims, administrative law judge of the
114 Division of Administrative Hearings, or child support hearing
115 officer provides a written statement that the general
116 magistrate, special magistrate, judge of compensation claims,
117 administrative law judge of the Division of Administrative
118 Hearings, or child support hearing officer has made reasonable
119 efforts to protect such information from being accessible
120 through other means available to the public.
121 f. The home addresses, telephone numbers, dates of birth,
122 and photographs of current or former human resource, labor
123 relations, or employee relations directors, assistant directors,
124 managers, or assistant managers of any local government agency
125 or water management district whose duties include hiring and
126 firing employees, labor contract negotiation, administration, or
127 other personnel-related duties; the names, home addresses,
128 telephone numbers, dates of birth, and places of employment of
129 the spouses and children of such personnel; and the names and
130 locations of schools and day care facilities attended by the
131 children of such personnel are exempt from s. 119.07(1) and s.
132 24(a), Art. I of the State Constitution.
133 g. The home addresses, telephone numbers, dates of birth,
134 and photographs of current or former code enforcement officers;
135 the names, home addresses, telephone numbers, dates of birth,
136 and places of employment of the spouses and children of such
137 personnel; and the names and locations of schools and day care
138 facilities attended by the children of such personnel are exempt
139 from s. 119.07(1) and s. 24(a), Art. I of the State
140 Constitution.
141 h. The home addresses, telephone numbers, places of
142 employment, dates of birth, and photographs of current or former
143 guardians ad litem, as defined in s. 39.820; the names, home
144 addresses, telephone numbers, dates of birth, and places of
145 employment of the spouses and children of such persons; and the
146 names and locations of schools and day care facilities attended
147 by the children of such persons are exempt from s. 119.07(1) and
148 s. 24(a), Art. I of the State Constitution, if the guardian ad
149 litem provides a written statement that the guardian ad litem
150 has made reasonable efforts to protect such information from
151 being accessible through other means available to the public.
152 i. The home addresses, telephone numbers, dates of birth,
153 and photographs of current or former juvenile probation
154 officers, juvenile probation supervisors, detention
155 superintendents, assistant detention superintendents, juvenile
156 justice detention officers I and II, juvenile justice detention
157 officer supervisors, juvenile justice residential officers,
158 juvenile justice residential officer supervisors I and II,
159 juvenile justice counselors, juvenile justice counselor
160 supervisors, human services counselor administrators, senior
161 human services counselor administrators, rehabilitation
162 therapists, and social services counselors of the Department of
163 Juvenile Justice; the names, home addresses, telephone numbers,
164 dates of birth, and places of employment of spouses and children
165 of such personnel; and the names and locations of schools and
166 day care facilities attended by the children of such personnel
167 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
168 Constitution.
169 j.(I) The home addresses, telephone numbers, dates of
170 birth, and photographs of current or former public defenders,
171 assistant public defenders, criminal conflict and civil regional
172 counsel, and assistant criminal conflict and civil regional
173 counsel; the home addresses, telephone numbers, dates of birth,
174 and places of employment of the spouses and children of such
175 defenders or counsel; and the names and locations of schools and
176 day care facilities attended by the children of such defenders
177 or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
178 the State Constitution.
179 (II) The names of the spouses and children of the specified
180 agency personnel identified in sub-sub-subparagraph (I) are
181 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
182 Constitution. This sub-sub-subparagraph is subject to the Open
183 Government Sunset Review Act in accordance with s. 119.15 and
184 shall stand repealed on October 2, 2019, unless reviewed and
185 saved from repeal through reenactment by the Legislature.
186 k. The home addresses, telephone numbers, and photographs
187 of current or former investigators or inspectors of the
188 Department of Business and Professional Regulation; the names,
189 home addresses, telephone numbers, and places of employment of
190 the spouses and children of such current or former investigators
191 and inspectors; and the names and locations of schools and day
192 care facilities attended by the children of such current or
193 former investigators and inspectors are exempt from s. 119.07(1)
194 and s. 24(a), Art. I of the State Constitution if the
195 investigator or inspector has made reasonable efforts to protect
196 such information from being accessible through other means
197 available to the public. This sub-subparagraph is subject to the
198 Open Government Sunset Review Act in accordance with s. 119.15
199 and shall stand repealed on October 2, 2017, unless reviewed and
200 saved from repeal through reenactment by the Legislature.
201 l. The home addresses and telephone numbers of county tax
202 collectors; the names, home addresses, telephone numbers, and
203 places of employment of the spouses and children of such tax
204 collectors; and the names and locations of schools and day care
205 facilities attended by the children of such tax collectors are
206 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
207 Constitution if the county tax collector has made reasonable
208 efforts to protect such information from being accessible
209 through other means available to the public. This sub
210 subparagraph is subject to the Open Government Sunset Review Act
211 in accordance with s. 119.15 and shall stand repealed on October
212 2, 2017, unless reviewed and saved from repeal through
213 reenactment by the Legislature.
214 m. The home addresses, telephone numbers, dates of birth,
215 and photographs of current or former personnel of the Department
216 of Health whose duties include, or result in, the determination
217 or adjudication of eligibility for social security disability
218 benefits, the investigation or prosecution of complaints filed
219 against health care practitioners, or the inspection of health
220 care practitioners or health care facilities licensed by the
221 Department of Health; the names, home addresses, telephone
222 numbers, dates of birth, and places of employment of the spouses
223 and children of such personnel; and the names and locations of
224 schools and day care facilities attended by the children of such
225 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
226 the State Constitution if the personnel have made reasonable
227 efforts to protect such information from being accessible
228 through other means available to the public. This sub
229 subparagraph is subject to the Open Government Sunset Review Act
230 in accordance with s. 119.15 and shall stand repealed on October
231 2, 2019, unless reviewed and saved from repeal through
232 reenactment by the Legislature.
233 n. The home addresses, telephone numbers, dates of birth,
234 and photographs of current or former impaired practitioner
235 consultants who are retained by an agency or current or former
236 employees of an impaired practitioner consultant whose duties
237 result in a determination of a person’s skill and safety to
238 practice a licensed profession; the names, home addresses,
239 telephone numbers, dates of birth, and places of employment of
240 the spouses and children of such consultants or their employees;
241 and the names and locations of schools and day care facilities
242 attended by the children of such consultants or employees are
243 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
244 Constitution if a consultant or employee has made reasonable
245 efforts to protect such information from being accessible
246 through other means available to the public. This sub
247 subparagraph is subject to the Open Government Sunset Review Act
248 in accordance with s. 119.15 and shall stand repealed on October
249 2, 2020, unless reviewed and saved from repeal through
250 reenactment by the Legislature.
251 3. An agency that is the custodian of the information
252 specified in subparagraph 2. and that is not the employer of the
253 officer, employee, justice, judge, or other person specified in
254 subparagraph 2. shall maintain the exempt status of that
255 information only if the officer, employee, justice, judge, other
256 person, or employing agency of the designated employee submits a
257 written request for maintenance of the exemption to the
258 custodial agency.
259 4. The exemptions in this paragraph apply to information
260 held by an agency before, on, or after the effective date of the
261 exemption.
262 5. Except as otherwise expressly provided in this
263 paragraph, this paragraph is subject to the Open Government
264 Sunset Review Act in accordance with s. 119.15, and shall stand
265 repealed on October 2, 2017, unless reviewed and saved from
266 repeal through reenactment by the Legislature.
267 Section 2. The Legislature finds that it is a public
268 necessity that the home addresses, telephone numbers,
269 photographs, dates of birth, and photographs of former
270 firefighters certified in compliance with s. 633.408, Florida
271 Statutes; the home addresses, telephone numbers, photographs,
272 dates of birth, and places of employment of the spouses and
273 children of such firefighters; and the names and locations of
274 schools and day care facilities attended by the children of such
275 firefighters be exempt from s. 119.07(1), Florida Statutes, and
276 s. 24(a), Article I of the State Constitution. The public
277 disclosure of such identification and location information could
278 place former firefighters, and their spouses and children, at
279 risk of being physically or emotionally harmed or stalked.
280 Throughout the course of their career, firefighters become
281 involved in situations that sometimes result in death or
282 significant property damage and are at times blamed for the
283 outcome of these situations. In addition, firefighters often
284 become involved in criminal arson investigations. As a result of
285 their involvement in an investigation and any subsequent legal
286 proceedings, a firefighter or his or her spouse or children may
287 become targets for acts of violence or revenge. The risk of harm
288 from publicly disclosing such identification and location
289 information continues for a firefighter, and his or her spouse
290 or children, after he or she concludes service as a firefighter.
291 Therefore, the Legislature finds that former firefighters, and
292 their spouses or children, are entitled to the same protections
293 afforded to current firefighters certified in compliance with s.
294 633.408, Florida Statutes, and their spouses or children.
295 Section 3. This act shall take effect July 1, 2016.
