Bill Text: FL S1200 | 2010 | Regular Session | Comm Sub

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Bill Title: OGSR/Guardians Ad Litem/Identifying Information [SPSC]

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-22 - Placed on Special Order Calendar; Read 2nd time -SJ 00750; Substituted HB 7087 -SJ 00750; Laid on Table, companion bill(s) passed, see HB 7087 (Ch. 2010-71) -SJ 00750 [S1200 Detail]

Download: Florida-2010-S1200-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1200 
 
By the Committees on Governmental Oversight and Accountability; 
and Judiciary 
585-02362-10                                          20101200c1 
1                        A bill to be entitled 
2         An act relating to a review under the Open Government 
3         Sunset Review Act; amending s. 119.071, F.S., relating 
4         to a public-records exemption for identifying 
5         information of current or former guardians ad litem; 
6         saving the exemption from repeal under the Open 
7         Government Sunset Review Act; expanding the public 
8         records exemption to include the names and locations 
9         of schools and day care facilities attended by the 
10         children of current or former guardians ad litem; 
11         providing for future legislative review and repeal of 
12         the exemption under the Open Government Sunset Review 
13         Act; providing a statement of public necessity; 
14         providing an effective date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. Paragraph (d) of subsection (4) of section 
19  119.071, Florida Statutes, is amended to read: 
20         119.071 General exemptions from inspection or copying of 
21  public records.— 
22         (4) AGENCY PERSONNEL INFORMATION.— 
23         (d)1.a. The home addresses, telephone numbers, social 
24  security numbers, and photographs of active or former law 
25  enforcement personnel, including correctional and correctional 
26  probation officers, personnel of the Department of Children and 
27  Family Services 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 home addresses, 
34  telephone numbers, social security numbers, photographs, 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). 
39         b. The home addresses, telephone numbers, and photographs 
40  of firefighters certified in compliance with s. 633.35; the home 
41  addresses, telephone numbers, photographs, and places of 
42  employment of the spouses and children of such firefighters; and 
43  the names and locations of schools and day care facilities 
44  attended by the children of such firefighters are exempt from s. 
45  119.07(1). 
46         c. The home addresses and telephone numbers of justices of 
47  the Supreme Court, district court of appeal judges, circuit 
48  court judges, and county court judges; the home addresses, 
49  telephone numbers, and places of employment of the spouses and 
50  children of justices and judges; and the names and locations of 
51  schools and day care facilities attended by the children of 
52  justices and judges are exempt from s. 119.07(1). 
53         d. The home addresses, telephone numbers, social security 
54  numbers, and photographs of current or former state attorneys, 
55  assistant state attorneys, statewide prosecutors, or assistant 
56  statewide prosecutors; the home addresses, telephone numbers, 
57  social security numbers, photographs, and places of employment 
58  of the spouses and children of current or former state 
59  attorneys, assistant state attorneys, statewide prosecutors, or 
60  assistant statewide prosecutors; and the names and locations of 
61  schools and day care facilities attended by the children of 
62  current or former state attorneys, assistant state attorneys, 
63  statewide prosecutors, or assistant statewide prosecutors are 
64  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
65  Constitution. 
66         e. The home addresses and telephone numbers of general 
67  magistrates, special magistrates, judges of compensation claims, 
68  administrative law judges of the Division of Administrative 
69  Hearings, and child support enforcement hearing officers; the 
70  home addresses, telephone numbers, and places of employment of 
71  the spouses and children of general magistrates, special 
72  magistrates, judges of compensation claims, administrative law 
73  judges of the Division of Administrative Hearings, and child 
74  support enforcement hearing officers; and the names and 
75  locations of schools and day care facilities attended by the 
76  children of general magistrates, special magistrates, judges of 
77  compensation claims, administrative law judges of the Division 
78  of Administrative Hearings, and child support enforcement 
79  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. 
80  I of the State Constitution if the general magistrate, special 
81  magistrate, judge of compensation claims, administrative law 
82  judge of the Division of Administrative Hearings, or child 
83  support hearing officer provides a written statement that the 
84  general magistrate, special magistrate, judge of compensation 
85  claims, administrative law judge of the Division of 
86  Administrative Hearings, or child support hearing officer has 
87  made reasonable efforts to protect such information from being 
88  accessible through other means available to the public. This 
89  sub-subparagraph is subject to the Open Government Sunset Review 
90  Act in accordance with s. 119.15, and shall stand repealed on 
91  October 2, 2013, unless reviewed and saved from repeal through 
92  reenactment by the Legislature. 
93         f. The home addresses, telephone numbers, and photographs 
94  of current or former human resource, labor relations, or 
95  employee relations directors, assistant directors, managers, or 
96  assistant managers of any local government agency or water 
97  management district whose duties include hiring and firing 
98  employees, labor contract negotiation, administration, or other 
99  personnel-related duties; the names, home addresses, telephone 
100  numbers, and places of employment of the spouses and children of 
101  such personnel; and the names and locations of schools and day 
102  care facilities attended by the children of such personnel are 
103  exempt from s. 119.07(1) and s. 24(a), Art. I of the State 
104  Constitution. 
105         g. The home addresses, telephone numbers, and photographs 
106  of current or former code enforcement officers; the names, home 
107  addresses, telephone numbers, and places of employment of the 
108  spouses and children of such personnel; and the names and 
109  locations of schools and day care facilities attended by the 
110  children of such personnel are exempt from s. 119.07(1) and s. 
111  24(a), Art. I of the State Constitution. 
112         h. The home addresses, telephone numbers, places of 
113  employment, and photographs of current or former guardians ad 
114  litem, as defined in s. 39.820;, and the names, home addresses, 
115  telephone numbers, and places of employment of the spouses and 
116  children of such persons; and the names and locations of schools 
117  and day care facilities attended by the children of such 
118  persons, are exempt from s. 119.07(1) and s. 24(a), Art. I of 
119  the State Constitution, if the guardian ad litem provides a 
120  written statement that the guardian ad litem has made reasonable 
121  efforts to protect such information from being accessible 
122  through other means available to the public. This sub 
123  subparagraph is subject to the Open Government Sunset Review Act 
124  in accordance with s. 119.15 and shall stand repealed on October 
125  2, 2015 2010, unless reviewed and saved from repeal through 
126  reenactment by the Legislature. 
127         i. The home addresses, telephone numbers, and photographs 
128  of current or former juvenile probation officers, juvenile 
129  probation supervisors, detention superintendents, assistant 
130  detention superintendents, senior juvenile detention officers, 
131  juvenile detention officer supervisors, juvenile detention 
132  officers, house parents I and II, house parent supervisors, 
133  group treatment leaders, group treatment leader supervisors, 
134  rehabilitation therapists, and social services counselors of the 
135  Department of Juvenile Justice; the names, home addresses, 
136  telephone numbers, and places of employment of spouses and 
137  children of such personnel; and the names and locations of 
138  schools and day care facilities attended by the children of such 
139  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 
140  the State Constitution. This sub-subparagraph is subject to the 
141  Open Government Sunset Review Act in accordance with s. 119.15 
142  and shall stand repealed on October 2, 2011, unless reviewed and 
143  saved from repeal through reenactment by the Legislature. 
144         2. An agency that is the custodian of the information 
145  specified in subparagraph 1. and that is not the employer of the 
146  officer, employee, justice, judge, or other person specified in 
147  subparagraph 1. shall maintain the exempt status of that 
148  information only if the officer, employee, justice, judge, other 
149  person, or employing agency of the designated employee submits a 
150  written request for maintenance of the exemption to the 
151  custodial agency. 
152         Section 2. The Legislature finds that it is a public 
153  necessity that the names and locations of schools and day care 
154  facilities attended by the children of current or former 
155  guardians ad litem be made exempt from public-records 
156  requirements. Guardians ad litem provide a valuable service to 
157  the community. They interact with victims of child abuse and 
158  neglect and, at times, the perpetrators of that abuse or 
159  neglect. The capacity in which they work or volunteer their time 
160  does not always create good will. Different persons may be 
161  disgruntled with the testimony, report, or recommendation made 
162  by guardians ad litem. The testimony of guardians ad litem could 
163  create a safety risk. Thus, the children of guardians ad litem 
164  could become potential targets for acts of revenge. If the names 
165  and locations of schools and day care facilities attended by the 
166  children of such persons were made available, the safety and 
167  welfare of the children could be jeopardized. A public-records 
168  exemption currently exempts the names, home addresses, telephone 
169  numbers, and places of employment of the children of current or 
170  former guardians ad litem; however, there is no similar 
171  protection for the names and locations of schools and day care 
172  facilities attended by such children. Comparable exemptions 
173  relating to other individuals who provide a public service 
174  exempt this personal information from disclosure. Accordingly, 
175  it is a public necessity that the names and locations of schools 
176  and day care facilities attended by the children of current or 
177  former guardians ad litem be made exempt from public disclosure. 
178         Section 3. This act shall take effect upon becoming a law.