Bill Text: FL S1282 | 2010 | Regular Session | Comm Sub
Bill Title: Public Records [GPSC]
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2010-04-30 - Died in Messages [S1282 Detail]
Download: Florida-2010-S1282-Comm_Sub.html
Florida Senate - 2010 CS for SB 1282 By the Committee on Governmental Oversight and Accountability; and Senators Fasano and Storms 585-04251-10 20101282c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.071, F.S.; expanding a public-records exemption 4 for specified personal information of the spouses and 5 children of active and former law enforcement and 6 investigatory personnel; expanding a public-records 7 exemption for specified personal information of 8 firefighters and for their spouses and children; 9 providing for future legislative review and repeal of 10 the exemptions under the Open Government Sunset Review 11 Act; providing a statement of public necessity; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (d) of subsection (4) of section 17 119.071, Florida Statutes, is amended to read: 18 119.071 General exemptions from inspection or copying of 19 public records.— 20 (4) AGENCY PERSONNEL INFORMATION.— 21 (d)1.a. The home addresses, telephone numbers, social 22 security numbers, and photographs of active or former law 23 enforcement personnel, including correctional and correctional 24 probation officers, personnel of the Department of Children and 25 Family Services whose duties include the investigation of abuse, 26 neglect, exploitation, fraud, theft, or other criminal 27 activities, personnel of the Department of Health whose duties 28 are to support the investigation of child abuse or neglect, and 29 personnel of the Department of Revenue or local governments 30 whose responsibilities include revenue collection and 31 enforcement or child support enforcement; the names, home 32 addresses, telephone numbers, social security numbers, 33 photographs, and places of employment of the spouses and 34 children of such personnel; and the names and locations of 35 schools and day care facilities attended by the children of such 36 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 37 the State Constitution. This sub-subparagraph is subject to the 38 Open Government Sunset Review Act in accordance with s. 119.15 39 and shall stand repealed on October 2, 2015, unless reviewed and 40 saved from repeal through reenactment by the Legislature. 41 b. The home addresses, telephone numbers, social security 42 numbers, and photographs of current or former firefighters 43 certified in compliance with s. 633.35; the names, home 44 addresses, telephone numbers, social security numbers, 45 photographs, and places of employment of the spouses and 46 children of such firefighters; and the names and locations of 47 schools and day care facilities attended by the children of such 48 firefighters are exempt from s. 119.07(1) and s. 24(a), Art. I 49 of the State Constitution. This sub-subparagraph is subject to 50 the Open Government Sunset Review Act in accordance with s. 51 119.15 and shall stand repealed on October 2, 2015, unless 52 reviewed and saved from repeal through reenactment by the 53 Legislature. 54 c. The home addresses and telephone numbers of justices of 55 the Supreme Court, district court of appeal judges, circuit 56 court judges, and county court judges; the home addresses, 57 telephone numbers, and places of employment of the spouses and 58 children of justices and judges; and the names and locations of 59 schools and day care facilities attended by the children of 60 justices and judges are exempt from s. 119.07(1). 61 d. The home addresses, telephone numbers, social security 62 numbers, and photographs of current or former state attorneys, 63 assistant state attorneys, statewide prosecutors, or assistant 64 statewide prosecutors; the home addresses, telephone numbers, 65 social security numbers, photographs, and places of employment 66 of the spouses and children of current or former state 67 attorneys, assistant state attorneys, statewide prosecutors, or 68 assistant statewide prosecutors; and the names and locations of 69 schools and day care facilities attended by the children of 70 current or former state attorneys, assistant state attorneys, 71 statewide prosecutors, or assistant statewide prosecutors are 72 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 73 Constitution. 74 e. The home addresses and telephone numbers of general 75 magistrates, special magistrates, judges of compensation claims, 76 administrative law judges of the Division of Administrative 77 Hearings, and child support enforcement hearing officers; the 78 home addresses, telephone numbers, and places of employment of 79 the spouses and children of general magistrates, special 80 magistrates, judges of compensation claims, administrative law 81 judges of the Division of Administrative Hearings, and child 82 support enforcement hearing officers; and the names and 83 locations of schools and day care facilities attended by the 84 children of general magistrates, special magistrates, judges of 85 compensation claims, administrative law judges of the Division 86 of Administrative Hearings, and child support enforcement 87 hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. 88 I of the State Constitution if the general magistrate, special 89 magistrate, judge of compensation claims, administrative law 90 judge of the Division of Administrative Hearings, or child 91 support hearing officer provides a written statement that the 92 general magistrate, special magistrate, judge of compensation 93 claims, administrative law judge of the Division of 94 Administrative Hearings, or child support hearing officer has 95 made reasonable efforts to protect such information from being 96 accessible through other means available to the public. This 97 sub-subparagraph is subject to the Open Government Sunset Review 98 Act in accordance with s. 119.15, and shall stand repealed on 99 October 2, 2013, unless reviewed and saved from repeal through 100 reenactment by the Legislature. 101 f. The home addresses, telephone numbers, and photographs 102 of current or former human resource, labor relations, or 103 employee relations directors, assistant directors, managers, or 104 assistant managers of any local government agency or water 105 management district whose duties include hiring and firing 106 employees, labor contract negotiation, administration, or other 107 personnel-related duties; the names, home addresses, telephone 108 numbers, and places of employment of the spouses and children of 109 such personnel; and the names and locations of schools and day 110 care facilities attended by the children of such personnel are 111 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 112 Constitution. 113 g. The home addresses, telephone numbers, and photographs 114 of current or former code enforcement officers; the names, home 115 addresses, telephone numbers, and places of employment of the 116 spouses and children of such personnel; and the names and 117 locations of schools and day care facilities attended by the 118 children of such personnel are exempt from s. 119.07(1) and s. 119 24(a), Art. I of the State Constitution. 120 h. The home addresses, telephone numbers, places of 121 employment, and photographs of current or former guardians ad 122 litem, as defined in s. 39.820, and the names, home addresses, 123 telephone numbers, and places of employment of the spouses and 124 children of such persons, are exempt from s. 119.07(1) and s. 125 24(a), Art. I of the State Constitution, if the guardian ad 126 litem provides a written statement that the guardian ad litem 127 has made reasonable efforts to protect such information from 128 being accessible through other means available to the public. 129 This sub-subparagraph is subject to the Open Government Sunset 130 Review Act in accordance with s. 119.15 and shall stand repealed 131 on October 2, 2010, unless reviewed and saved from repeal 132 through reenactment by the Legislature. 133 i. The home addresses, telephone numbers, and photographs 134 of current or former juvenile probation officers, juvenile 135 probation supervisors, detention superintendents, assistant 136 detention superintendents, senior juvenile detention officers, 137 juvenile detention officer supervisors, juvenile detention 138 officers, house parents I and II, house parent supervisors, 139 group treatment leaders, group treatment leader supervisors, 140 rehabilitation therapists, and social services counselors of the 141 Department of Juvenile Justice; the names, home addresses, 142 telephone numbers, and places of employment of spouses and 143 children of such personnel; and the names and locations of 144 schools and day care facilities attended by the children of such 145 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of 146 the State Constitution. This sub-subparagraph is subject to the 147 Open Government Sunset Review Act in accordance with s. 119.15 148 and shall stand repealed on October 2, 2011, unless reviewed and 149 saved from repeal through reenactment by the Legislature. 150 2. An agency that is the custodian of the information 151 specified in subparagraph 1. and that is not the employer of the 152 officer, employee, justice, judge, or other person specified in 153 subparagraph 1. shall maintain the exempt status of that 154 information only if the officer, employee, justice, judge, other 155 person, or employing agency of the designated employee submits a 156 written request for maintenance of the exemption to the 157 custodial agency. 158 Section 2. (1) The Legislature finds that it is a public 159 necessity to exempt specified personal information relating to 160 active or former law enforcement personnel, including 161 correctional and correctional probation officers, personnel of 162 the Department of Children and Family Services whose duties 163 include the investigation of abuse, neglect, exploitation, 164 fraud, theft, or other criminal activities, personnel of the 165 Department of Health whose duties are to support the 166 investigation of child abuse or neglect, and personnel of the 167 Department of Revenue or local governments whose 168 responsibilities include revenue collection and enforcement or 169 child support enforcement, as well as to their spouses and 170 children, from disclosure under the public-records laws of the 171 state. In the course of their occupational duties, these 172 employees routinely interact with individuals who have criminal 173 records or who are currently engaged in or suspected of criminal 174 activity. These employees also interact with the victims of 175 crimes. By participating in law enforcement activities, these 176 employees provide a valuable public service. However, 177 individuals with whom the employees interact in the course of 178 their duties may become disgruntled by the actions taken by the 179 employees or by legal proceedings begun against them as a result 180 of the employees’ actions. This could result in these employees 181 and their families becoming targets for acts of violence. 182 Disclosure of the information protected by the public-records 183 exemption in this act would jeopardize the safety of these 184 employees and their families. Therefore, it is a public 185 necessity to exempt from disclosure personal information 186 concerning active or former law enforcement personnel, including 187 correctional and correctional probation officers, personnel of 188 the Department of Children and Family Services whose duties 189 include the investigation of abuse, neglect, exploitation, 190 fraud, theft, or other criminal activities, personnel of the 191 Department of Health whose duties are to support the 192 investigation of child abuse or neglect, and personnel of the 193 Department of Revenue or local governments whose 194 responsibilities include revenue collection and enforcement or 195 child support enforcement as well as the names of the spouses 196 and children of such employees. 197 (2) The Legislature further finds that it is a public 198 necessity to exempt specified personal information relating to 199 current or former firefighters certified in compliance with s. 200 633.35, Florida Statutes, as well as to their spouses and 201 children, from disclosure under the public-records laws of the 202 state. In the course of their occupational duties, firefighters 203 become involved in highly emotionally charged situations in 204 which deaths or significant property damage may occur. An 205 individual involved in such a situation may associate the 206 firefighters with the situation if the outcome is negative, and 207 may even blame the firefighters for such an outcome. 208 Firefighters may also become involved in criminal arson 209 investigations, the targets of which may become disgruntled by 210 the firefighters’ role in legal proceedings begun against them. 211 This could result in these firefighters and their families 212 becoming targets for acts of violence. Disclosure of the 213 information protected by the public-records exemption in this 214 act would jeopardize the safety of these firefighters and their 215 families. Therefore, it is a public necessity to exempt from 216 disclosure the home addresses, telephone numbers, social 217 security numbers, and photographs of current or former 218 firefighters certified in compliance with s. 633.35, Florida 219 Statutes; the names, home addresses, telephone numbers, social 220 security numbers, photographs, and places of employment of the 221 spouses and children of such firefighters; and the names and 222 locations of schools and day care facilities attended by the 223 children of such firefighters. 224 Section 3. This act shall take effect July 1, 2010.
