Bill Text: FL S1324 | 2015 | Regular Session | Comm Sub

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

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Bill Title: Public Records/Agency Personnel Information

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1324 Detail]

Download: Florida-2015-S1324-Comm_Sub.html

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       Florida Senate - 2015                      CS for CS for SB 1324
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Criminal Justice; and Senator Latvala
       
       
       
       
       585-03643-15                                          20151324c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing exemptions from public
    4         records requirements for certain information related
    5         to active or former sworn or civilian law enforcement
    6         personnel and specified agency personnel, current and
    7         former state attorneys, assistant state attorneys,
    8         statewide prosecutors, assistant statewide
    9         prosecutors, public defenders, assistant public
   10         defenders, criminal conflict and civil regional
   11         counsel, assistant criminal conflict and civil
   12         regional counsel, capital collateral regional counsel,
   13         and assistant capital collateral regional counsel and
   14         their parents, siblings, or cohabitants; providing for
   15         retroactive application; providing for future
   16         legislative review and repeal of the exemptions;
   17         providing a statement of public necessity; providing
   18         an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) of subsection (4) of section
   23  119.071, Florida Statutes, is amended to read:
   24         119.071 General exemptions from inspection or copying of
   25  public records.—
   26         (4) AGENCY PERSONNEL INFORMATION.—
   27         (d)1. For purposes of this paragraph, the term “telephone
   28  numbers” includes home telephone numbers, personal cellular
   29  telephone numbers, personal pager telephone numbers, and
   30  telephone numbers associated with personal communications
   31  devices.
   32         2.a.(I) The home addresses, telephone numbers, social
   33  security numbers, dates of birth, and photographs of active or
   34  former sworn or civilian law enforcement personnel, including
   35  correctional and correctional probation officers, personnel of
   36  the Department of Children and Families whose duties include the
   37  investigation of abuse, neglect, exploitation, fraud, theft, or
   38  other criminal activities, personnel of the Department of Health
   39  whose duties are to support the investigation of child abuse or
   40  neglect, and personnel of the Department of Revenue or local
   41  governments whose responsibilities include revenue collection
   42  and enforcement or child support enforcement; the home
   43  addresses, telephone numbers, social security numbers,
   44  photographs, dates of birth, and places of employment of the
   45  spouses and children of such personnel; and the names and
   46  locations of schools and day care facilities attended by the
   47  children of such personnel are exempt from s. 119.07(1).
   48         (II) The names of the spouses and children of active or
   49  former sworn or civilian law enforcement personnel and the other
   50  specified agency personnel identified in sub-sub-subparagraph
   51  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   52  State Constitution.
   53         (III) Sub-sub-subparagraph (II) is subject to the Open
   54  Government Sunset Review Act in accordance with s. 119.15, and
   55  shall stand repealed on October 2, 2018, unless reviewed and
   56  saved from repeal through reenactment by the Legislature.
   57         (IV) Residential addresses, personal e-mail addresses,
   58  license plate numbers, and banking and financial information of
   59  active or former sworn or civilian law enforcement personnel and
   60  the other specified agency personnel identified in sub-sub
   61  subparagraph (I) and the home addresses, telephone numbers,
   62  photographs, dates of birth, and places of employment of the
   63  parents, siblings, and cohabitants of active or former sworn or
   64  civilian law enforcement personnel and the other specified
   65  agency personnel identified in sub-sub-subparagraph (I) are
   66  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   67  Constitution. The exemptions in this sub-sub-subparagraph apply
   68  to information held by an agency before, on, or after the
   69  effective date of the exemption. This sub-sub-subparagraph is
   70  subject to the Open Government Sunset Review Act in accordance
   71  with s. 119.15 and shall stand repealed on October 2, 2020,
   72  unless reviewed and saved from repeal through reenactment by the
   73  Legislature.
   74         b. The home addresses, telephone numbers, dates of birth,
   75  and photographs of firefighters certified in compliance with s.
   76  633.408; the home addresses, telephone numbers, photographs,
   77  dates of birth, and places of employment of the spouses and
   78  children of such firefighters; and the names and locations of
   79  schools and day care facilities attended by the children of such
   80  firefighters are exempt from s. 119.07(1).
   81         c. The home addresses, dates of birth, and telephone
   82  numbers of current or former justices of the Supreme Court,
   83  district court of appeal judges, circuit court judges, and
   84  county court judges; the home addresses, telephone numbers,
   85  dates of birth, and places of employment of the spouses and
   86  children of current or former justices and judges; and the names
   87  and locations of schools and day care facilities attended by the
   88  children of current or former justices and judges are exempt
   89  from s. 119.07(1).
   90         d.(I) The home addresses, telephone numbers, social
   91  security numbers, dates of birth, and photographs of current or
   92  former state attorneys, assistant state attorneys, statewide
   93  prosecutors, or assistant statewide prosecutors; the home
   94  addresses, telephone numbers, social security numbers,
   95  photographs, dates of birth, and places of employment of the
   96  spouses and children of current or former state attorneys,
   97  assistant state attorneys, statewide prosecutors, or assistant
   98  statewide prosecutors; and the names and locations of schools
   99  and day care facilities attended by the children of current or
  100  former state attorneys, assistant state attorneys, statewide
  101  prosecutors, or assistant statewide prosecutors are exempt from
  102  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  103         (II) The names of the spouses and children of current or
  104  former state attorneys, assistant state attorneys, statewide
  105  prosecutors, or assistant statewide prosecutors are exempt from
  106  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  107         (III) Sub-sub-subparagraph (II) is subject to the Open
  108  Government Sunset Review Act in accordance with s. 119.15, and
  109  shall stand repealed on October 2, 2018, unless reviewed and
  110  saved from repeal through reenactment by the Legislature.
  111         (IV) Residential addresses, personal e-mail addresses,
  112  license plate numbers, and banking and financial information of
  113  current or former state attorneys, assistant state attorneys,
  114  statewide prosecutors, or assistant statewide prosecutors and
  115  the home addresses, telephone numbers, photographs, dates of
  116  birth, and places of employment of the parents, siblings, and
  117  cohabitants of current or former state attorneys, assistant
  118  state attorneys, statewide prosecutors, or assistant statewide
  119  prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
  120  the State Constitution. The exemptions in this sub-sub
  121  subparagraph apply to information held by an agency before, on,
  122  or after the effective date of the exemption. This sub-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, 2020, unless reviewed and saved from repeal through
  126  reenactment by the Legislature.
  127         e. The home addresses, dates of birth, and telephone
  128  numbers of general magistrates, special magistrates, judges of
  129  compensation claims, administrative law judges of the Division
  130  of Administrative Hearings, and child support enforcement
  131  hearing officers; the home addresses, telephone numbers, dates
  132  of birth, and places of employment of the spouses and children
  133  of general magistrates, special magistrates, judges of
  134  compensation claims, administrative law judges of the Division
  135  of Administrative Hearings, and child support enforcement
  136  hearing officers; and the names and locations of schools and day
  137  care facilities attended by the children of general magistrates,
  138  special magistrates, judges of compensation claims,
  139  administrative law judges of the Division of Administrative
  140  Hearings, and child support enforcement hearing officers are
  141  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  142  Constitution if the general magistrate, special magistrate,
  143  judge of compensation claims, administrative law judge of the
  144  Division of Administrative Hearings, or child support hearing
  145  officer provides a written statement that the general
  146  magistrate, special magistrate, judge of compensation claims,
  147  administrative law judge of the Division of Administrative
  148  Hearings, or child support hearing officer has made reasonable
  149  efforts to protect such information from being accessible
  150  through other means available to the public.
  151         f. The home addresses, telephone numbers, dates of birth,
  152  and photographs of current or former human resource, labor
  153  relations, or employee relations directors, assistant directors,
  154  managers, or assistant managers of any local government agency
  155  or water management district whose duties include hiring and
  156  firing employees, labor contract negotiation, administration, or
  157  other personnel-related duties; the names, home addresses,
  158  telephone numbers, dates of birth, and places of employment of
  159  the spouses and children of such personnel; and the names and
  160  locations of schools and day care facilities attended by the
  161  children of such personnel are exempt from s. 119.07(1) and s.
  162  24(a), Art. I of the State Constitution.
  163         g. The home addresses, telephone numbers, dates of birth,
  164  and photographs of current or former code enforcement officers;
  165  the names, home addresses, telephone numbers, dates of birth,
  166  and places of employment of the spouses and children of such
  167  personnel; and the names and locations of schools and day care
  168  facilities attended by the children of such personnel are exempt
  169  from s. 119.07(1) and s. 24(a), Art. I of the State
  170  Constitution.
  171         h. The home addresses, telephone numbers, places of
  172  employment, dates of birth, and photographs of current or former
  173  guardians ad litem, as defined in s. 39.820; the names, home
  174  addresses, telephone numbers, dates of birth, and places of
  175  employment of the spouses and children of such persons; and the
  176  names and locations of schools and day care facilities attended
  177  by the children of such persons are exempt from s. 119.07(1) and
  178  s. 24(a), Art. I of the State Constitution, if the guardian ad
  179  litem provides a written statement that the guardian ad litem
  180  has made reasonable efforts to protect such information from
  181  being accessible through other means available to the public.
  182         i. The home addresses, telephone numbers, dates of birth,
  183  and photographs of current or former juvenile probation
  184  officers, juvenile probation supervisors, detention
  185  superintendents, assistant detention superintendents, juvenile
  186  justice detention officers I and II, juvenile justice detention
  187  officer supervisors, juvenile justice residential officers,
  188  juvenile justice residential officer supervisors I and II,
  189  juvenile justice counselors, juvenile justice counselor
  190  supervisors, human services counselor administrators, senior
  191  human services counselor administrators, rehabilitation
  192  therapists, and social services counselors of the Department of
  193  Juvenile Justice; the names, home addresses, telephone numbers,
  194  dates of birth, and places of employment of spouses and children
  195  of such personnel; and the names and locations of schools and
  196  day care facilities attended by the children of such personnel
  197  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  198  Constitution.
  199         j.(I) The home addresses, telephone numbers, dates of
  200  birth, and photographs of current or former public defenders,
  201  assistant public defenders, criminal conflict and civil regional
  202  counsel, and assistant criminal conflict and civil regional
  203  counsel, capital collateral regional counsel, and assistant
  204  capital collateral regional counsel; the home addresses,
  205  telephone numbers, dates of birth, and places of employment of
  206  the spouses and children of such defenders or counsel; and the
  207  names and locations of schools and day care facilities attended
  208  by the children of such defenders or counsel are exempt from s.
  209  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  210  sub-sub-subparagraph is subject to the Open Government Sunset
  211  Review Act in accordance with s. 119.15 and shall stand repealed
  212  on October 2, 2020, unless reviewed and saved from repeal
  213  through reenactment by the Legislature.
  214         (II) The names of the spouses and children of the specified
  215  agency personnel identified in sub-sub-subparagraph (I) are
  216  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  217  Constitution. This sub-sub-subparagraph is subject to the Open
  218  Government Sunset Review Act in accordance with s. 119.15 and
  219  shall stand repealed on October 2, 2019, unless reviewed and
  220  saved from repeal through reenactment by the Legislature.
  221         (III) Residential addresses, personal e-mail addresses,
  222  license plate numbers, and banking and financial information of
  223  current or former public defenders, assistant public defenders,
  224  criminal conflict and civil regional counsel, assistant criminal
  225  conflict and civil regional counsel, capital collateral regional
  226  counsel, and assistant capital collateral regional counsel, and
  227  the home addresses, telephone numbers, photographs, dates of
  228  birth, and places of employment of the parents, siblings, and
  229  cohabitants of current or former public defenders, assistant
  230  public defenders, criminal conflict and civil regional counsel,
  231  assistant criminal conflict and civil regional counsel, capital
  232  collateral regional counsel, and assistant capital collateral
  233  regional counsel are exempt from s. 119.07(1) and s. 24(a), Art.
  234  I of the State Constitution. The exemptions in this sub-sub
  235  subparagraph apply to information held by an agency before, on,
  236  or after the effective date of the exemption. This sub-sub
  237  subparagraph is subject to the Open Government Sunset Review Act
  238  in accordance with s. 119.15 and shall stand repealed on October
  239  2, 2020, unless reviewed and saved from repeal through
  240  reenactment by the Legislature.
  241         k. The home addresses, telephone numbers, and photographs
  242  of current or former investigators or inspectors of the
  243  Department of Business and Professional Regulation; the names,
  244  home addresses, telephone numbers, and places of employment of
  245  the spouses and children of such current or former investigators
  246  and inspectors; and the names and locations of schools and day
  247  care facilities attended by the children of such current or
  248  former investigators and inspectors are exempt from s. 119.07(1)
  249  and s. 24(a), Art. I of the State Constitution if the
  250  investigator or inspector has made reasonable efforts to protect
  251  such information from being accessible through other means
  252  available to the public. This sub-subparagraph is subject to the
  253  Open Government Sunset Review Act in accordance with s. 119.15
  254  and shall stand repealed on October 2, 2017, unless reviewed and
  255  saved from repeal through reenactment by the Legislature.
  256         l. The home addresses and telephone numbers of county tax
  257  collectors; the names, home addresses, telephone numbers, and
  258  places of employment of the spouses and children of such tax
  259  collectors; and the names and locations of schools and day care
  260  facilities attended by the children of such tax collectors are
  261  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  262  Constitution if the county tax collector has made reasonable
  263  efforts to protect such information from being accessible
  264  through other means available to the public. This sub
  265  subparagraph is subject to the Open Government Sunset Review Act
  266  in accordance with s. 119.15 and shall stand repealed on October
  267  2, 2017, unless reviewed and saved from repeal through
  268  reenactment by the Legislature.
  269         m. The home addresses, telephone numbers, dates of birth,
  270  and photographs of current or former personnel of the Department
  271  of Health whose duties include, or result in, the determination
  272  or adjudication of eligibility for social security disability
  273  benefits, the investigation or prosecution of complaints filed
  274  against health care practitioners, or the inspection of health
  275  care practitioners or health care facilities licensed by the
  276  Department of Health; the names, home addresses, telephone
  277  numbers, dates of birth, and places of employment of the spouses
  278  and children of such personnel; and the names and locations of
  279  schools and day care facilities attended by the children of such
  280  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  281  the State Constitution if the personnel have made reasonable
  282  efforts to protect such information from being accessible
  283  through other means available to the public. This sub
  284  subparagraph is subject to the Open Government Sunset Review Act
  285  in accordance with s. 119.15 and shall stand repealed on October
  286  2, 2019, unless reviewed and saved from repeal through
  287  reenactment by the Legislature.
  288         3. An agency that is the custodian of the information
  289  specified in subparagraph 2. and that is not the employer of the
  290  officer, employee, justice, judge, or other person specified in
  291  subparagraph 2. shall maintain the exempt status of that
  292  information only if the officer, employee, justice, judge, other
  293  person, or employing agency of the designated employee submits a
  294  written request for maintenance of the exemption to the
  295  custodial agency.
  296         4. The exemptions in this paragraph apply to information
  297  held by an agency before, on, or after the effective date of the
  298  exemption.
  299         5. Except as otherwise expressly provided in this
  300  paragraph, this paragraph is subject to the Open Government
  301  Sunset Review Act in accordance with s. 119.15, and shall stand
  302  repealed on October 2, 2017, unless reviewed and saved from
  303  repeal through reenactment by the Legislature.
  304         Section 2. (1) The Legislature finds that it is a public
  305  necessity that the home addresses, telephone numbers, dates of
  306  birth, and photographs of current or former capital collateral
  307  regional counsel and assistant capital collateral regional
  308  counsel be exempt from s. 119.07(1), Florida Statutes, and s.
  309  24(a), Article I of the State Constitution. The Legislature
  310  finds that current or former capital collateral regional counsel
  311  and assistant capital collateral regional counsel are entitled
  312  to the same protections that are afforded to public defenders,
  313  assistant public defenders, criminal conflict and civil regional
  314  counsel, and assistant criminal conflict and civil regional
  315  counsel. The public disclosure of the information places current
  316  or former capital collateral regional counsel and assistant
  317  capital collateral regional counsel in danger of physical and
  318  emotional harm from disgruntled individuals who have contentious
  319  reactions to actions carried out by such counsel.
  320         (2) The Legislature also finds that it is a public
  321  necessity that the residential addresses, personal e-mail
  322  addresses, license plate numbers, and banking and financial
  323  information of active or former sworn or civilian law
  324  enforcement personnel, including correctional and correctional
  325  probation officers, personnel of the Department of Children and
  326  Families whose duties include the investigation of abuse,
  327  neglect, exploitation, fraud, theft, or other criminal
  328  activities, personnel of the Department of Health whose duties
  329  are to support the investigation of child abuse or neglect,
  330  personnel of the Department of Revenue or local governments
  331  whose responsibilities include revenue collection and
  332  enforcement or child support enforcement, current or former
  333  state attorneys, assistant state attorneys, statewide
  334  prosecutors, assistant statewide prosecutors, public defenders,
  335  assistant public defenders, criminal conflict and civil regional
  336  counsel, assistant criminal conflict and civil regional counsel,
  337  capital collateral regional counsel, and assistant capital
  338  collateral regional counsel be made exempt from s. 119.07(1),
  339  Florida Statutes, and s. 24(a), Article I of the State
  340  Constitution. The Legislature further finds that it is a public
  341  necessity that the home addresses, telephone numbers,
  342  photographs, dates of birth, and places of employment of the
  343  parents, siblings, and cohabitants of such persons be made
  344  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  345  Article I of the State Constitution. The Legislature finds that
  346  the release of such identifying and location information places
  347  the person, or a parent, sibling, or cohabitant of the person,
  348  in danger of being physically and emotionally harmed or being
  349  stalked by a defendant or other person. The Legislature finds
  350  that the harm that may result from the release of such
  351  identifying and location information outweighs any public
  352  benefit that may be derived from the disclosure of the
  353  information.
  354         Section 3. This act shall take effect July 1, 2015.