Bill Text: FL S1364 | 2018 | Regular Session | Introduced

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

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Bill Title: Public Records/Substance Abuse Service Providers

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to CS/HB 1055 [S1364 Detail]

Download: Florida-2018-S1364-Introduced.html

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       Florida Senate - 2018                                    SB 1364
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00460-18                                           20181364__
    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 to certain identifying and
    5         location information of current or former directors,
    6         managers, supervisors, nurses, and clinical employees
    7         of substance abuse service providers that are licensed
    8         under part II of ch. 397, F.S., and the spouses and
    9         children thereof; providing for retroactive
   10         applicability; providing for future legislative review
   11         and repeal of the exemption; providing a statement of
   12         public necessity; 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. For purposes of this paragraph, the term “telephone
   22  numbers” includes home telephone numbers, personal cellular
   23  telephone numbers, personal pager telephone numbers, and
   24  telephone numbers associated with personal communications
   25  devices.
   26         2.a. The home addresses, telephone numbers, dates of birth,
   27  and photographs of active or former sworn or civilian law
   28  enforcement personnel, including correctional and correctional
   29  probation officers, personnel of the Department of Children and
   30  Families whose duties include the investigation of abuse,
   31  neglect, exploitation, fraud, theft, or other criminal
   32  activities, personnel of the Department of Health whose duties
   33  are to support the investigation of child abuse or neglect, and
   34  personnel of the Department of Revenue or local governments
   35  whose responsibilities include revenue collection and
   36  enforcement or child support enforcement; the names, home
   37  addresses, telephone numbers, photographs, dates of birth, and
   38  places of employment of the spouses and children of such
   39  personnel; and the names and locations of schools and day care
   40  facilities attended by the children of such personnel are exempt
   41  from s. 119.07(1) and s. 24(a), Art. I of the State
   42  Constitution. This sub-subparagraph is subject to the Open
   43  Government Sunset Review Act in accordance with s. 119.15 and
   44  shall stand repealed on October 2, 2022, unless reviewed and
   45  saved from repeal through reenactment by the Legislature.
   46         b. The home addresses, telephone numbers, dates of birth,
   47  and photographs of current or former nonsworn investigative
   48  personnel of the Department of Financial Services whose duties
   49  include the investigation of fraud, theft, workers’ compensation
   50  coverage requirements and compliance, other related criminal
   51  activities, or state regulatory requirement violations; the
   52  names, home addresses, telephone numbers, dates of birth, and
   53  places of employment of the spouses and children of such
   54  personnel; and the names and locations of schools and day care
   55  facilities attended by the children of such personnel are exempt
   56  from s. 119.07(1) and s. 24(a), Art. I of the State
   57  Constitution. This sub-subparagraph is subject to the Open
   58  Government Sunset Review Act in accordance with s. 119.15 and
   59  shall stand repealed on October 2, 2021, unless reviewed and
   60  saved from repeal through reenactment by the Legislature.
   61         c. The home addresses, telephone numbers, dates of birth,
   62  and photographs of current or former nonsworn investigative
   63  personnel of the Office of Financial Regulation’s Bureau of
   64  Financial Investigations whose duties include the investigation
   65  of fraud, theft, other related criminal activities, or state
   66  regulatory requirement violations; the names, home addresses,
   67  telephone numbers, dates of birth, and places of employment of
   68  the spouses and children of such personnel; and the names and
   69  locations of schools and day care facilities attended by the
   70  children of such personnel are exempt from s. 119.07(1) and s.
   71  24(a), Art. I of the State Constitution. This sub-subparagraph
   72  is subject to the Open Government Sunset Review Act in
   73  accordance with s. 119.15 and shall stand repealed on October 2,
   74  2022, unless reviewed and saved from repeal through reenactment
   75  by the Legislature.
   76         d. The home addresses, telephone numbers, dates of birth,
   77  and photographs of current or former firefighters certified in
   78  compliance with s. 633.408; the names, home addresses, telephone
   79  numbers, photographs, dates of birth, and places of employment
   80  of the spouses and children of such firefighters; and the names
   81  and locations of schools and day care facilities attended by the
   82  children of such firefighters are exempt from s. 119.07(1) and
   83  s. 24(a), Art. I of the State Constitution. This sub
   84  subparagraph is subject to the Open Government Sunset Review Act
   85  in accordance with s. 119.15, and shall stand repealed on
   86  October 2, 2022, unless reviewed and saved from repeal through
   87  reenactment by the Legislature.
   88         e. The home addresses, dates of birth, and telephone
   89  numbers of current or former justices of the Supreme Court,
   90  district court of appeal judges, circuit court judges, and
   91  county court judges; the names, home addresses, telephone
   92  numbers, dates of birth, and places of employment of the spouses
   93  and children of current or former justices and judges; and the
   94  names and locations of schools and day care facilities attended
   95  by the children of current or former justices and judges are
   96  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   97  Constitution. This sub-subparagraph is subject to the Open
   98  Government Sunset Review Act in accordance with s. 119.15 and
   99  shall stand repealed on October 2, 2022, unless reviewed and
  100  saved from repeal through reenactment by the Legislature.
  101         f. The home addresses, telephone numbers, dates of birth,
  102  and photographs of current or former state attorneys, assistant
  103  state attorneys, statewide prosecutors, or assistant statewide
  104  prosecutors; the names, home addresses, telephone numbers,
  105  photographs, dates of birth, and places of employment of the
  106  spouses and children of current or former state attorneys,
  107  assistant state attorneys, statewide prosecutors, or assistant
  108  statewide prosecutors; and the names and locations of schools
  109  and day care facilities attended by the children of current or
  110  former state attorneys, assistant state attorneys, statewide
  111  prosecutors, or assistant statewide prosecutors are exempt from
  112  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  113         g. The home addresses, dates of birth, and telephone
  114  numbers of general magistrates, special magistrates, judges of
  115  compensation claims, administrative law judges of the Division
  116  of Administrative Hearings, and child support enforcement
  117  hearing officers; the names, home addresses, telephone numbers,
  118  dates of birth, and places of employment of the spouses and
  119  children of general magistrates, special magistrates, judges of
  120  compensation claims, administrative law judges of the Division
  121  of Administrative Hearings, and child support enforcement
  122  hearing officers; and the names and locations of schools and day
  123  care facilities attended by the children of general magistrates,
  124  special magistrates, judges of compensation claims,
  125  administrative law judges of the Division of Administrative
  126  Hearings, and child support enforcement hearing officers are
  127  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  128  Constitution. This sub-subparagraph is subject to the Open
  129  Government Sunset Review Act in accordance with s. 119.15 and
  130  shall stand repealed on October 2, 2022, unless reviewed and
  131  saved from repeal through reenactment by the Legislature.
  132         h. The home addresses, telephone numbers, dates of birth,
  133  and photographs of current or former human resource, labor
  134  relations, or employee relations directors, assistant directors,
  135  managers, or assistant managers of any local government agency
  136  or water management district whose duties include hiring and
  137  firing employees, labor contract negotiation, administration, or
  138  other personnel-related duties; the names, home addresses,
  139  telephone numbers, dates of birth, and places of employment of
  140  the spouses and children of such personnel; and the names and
  141  locations of schools and day care facilities attended by the
  142  children of such personnel are exempt from s. 119.07(1) and s.
  143  24(a), Art. I of the State Constitution.
  144         i. The home addresses, telephone numbers, dates of birth,
  145  and photographs of current or former code enforcement officers;
  146  the names, home addresses, telephone numbers, dates of birth,
  147  and places of employment of the spouses and children of such
  148  personnel; and the names and locations of schools and day care
  149  facilities attended by the children of such personnel are exempt
  150  from s. 119.07(1) and s. 24(a), Art. I of the State
  151  Constitution.
  152         j. The home addresses, telephone numbers, places of
  153  employment, dates of birth, and photographs of current or former
  154  guardians ad litem, as defined in s. 39.820; the names, home
  155  addresses, telephone numbers, dates of birth, and places of
  156  employment of the spouses and children of such persons; and the
  157  names and locations of schools and day care facilities attended
  158  by the children of such persons are exempt from s. 119.07(1) and
  159  s. 24(a), Art. I of the State Constitution. This sub
  160  subparagraph is subject to the Open Government Sunset Review Act
  161  in accordance with s. 119.15 and shall stand repealed on October
  162  2, 2022, unless reviewed and saved from repeal through
  163  reenactment by the Legislature.
  164         k. The home addresses, telephone numbers, dates of birth,
  165  and photographs of current or former juvenile probation
  166  officers, juvenile probation supervisors, detention
  167  superintendents, assistant detention superintendents, juvenile
  168  justice detention officers I and II, juvenile justice detention
  169  officer supervisors, juvenile justice residential officers,
  170  juvenile justice residential officer supervisors I and II,
  171  juvenile justice counselors, juvenile justice counselor
  172  supervisors, human services counselor administrators, senior
  173  human services counselor administrators, rehabilitation
  174  therapists, and social services counselors of the Department of
  175  Juvenile Justice; the names, home addresses, telephone numbers,
  176  dates of birth, and places of employment of spouses and children
  177  of such personnel; and the names and locations of schools and
  178  day care facilities attended by the children of such personnel
  179  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  180  Constitution.
  181         l. The home addresses, telephone numbers, dates of birth,
  182  and photographs of current or former public defenders, assistant
  183  public defenders, criminal conflict and civil regional counsel,
  184  and assistant criminal conflict and civil regional counsel; the
  185  names, home addresses, telephone numbers, dates of birth, and
  186  places of employment of the spouses and children of such
  187  defenders or counsel; and the names and locations of schools and
  188  day care facilities attended by the children of such defenders
  189  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  190  the State Constitution.
  191         m. The home addresses, telephone numbers, dates of birth,
  192  and photographs of current or former investigators or inspectors
  193  of the Department of Business and Professional Regulation; the
  194  names, home addresses, telephone numbers, dates of birth, and
  195  places of employment of the spouses and children of such current
  196  or former investigators and inspectors; and the names and
  197  locations of schools and day care facilities attended by the
  198  children of such current or former investigators and inspectors
  199  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  200  Constitution. This sub-subparagraph is subject to the Open
  201  Government Sunset Review Act in accordance with s. 119.15 and
  202  shall stand repealed on October 2, 2022, unless reviewed and
  203  saved from repeal through reenactment by the Legislature.
  204         n. The home addresses, telephone numbers, and dates of
  205  birth of county tax collectors; the names, home addresses,
  206  telephone numbers, dates of birth, and places of employment of
  207  the spouses and children of such tax collectors; and the names
  208  and locations of schools and day care facilities attended by the
  209  children of such tax collectors are exempt from s. 119.07(1) and
  210  s. 24(a), Art. I of the State Constitution. This sub
  211  subparagraph is subject to the Open Government Sunset Review Act
  212  in accordance with s. 119.15 and shall stand repealed on October
  213  2, 2022, unless reviewed and saved from repeal through
  214  reenactment by the Legislature.
  215         o. The home addresses, telephone numbers, dates of birth,
  216  and photographs of current or former personnel of the Department
  217  of Health whose duties include, or result in, the determination
  218  or adjudication of eligibility for social security disability
  219  benefits, the investigation or prosecution of complaints filed
  220  against health care practitioners, or the inspection of health
  221  care practitioners or health care facilities licensed by the
  222  Department of Health; the names, home addresses, telephone
  223  numbers, dates of birth, and places of employment of the spouses
  224  and children of such personnel; and the names and locations of
  225  schools and day care facilities attended by the children of such
  226  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  227  the State Constitution. This sub-subparagraph is subject to the
  228  Open Government Sunset Review Act in accordance with s. 119.15
  229  and shall stand repealed on October 2, 2019, unless reviewed and
  230  saved from repeal through reenactment by the Legislature.
  231         p. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former impaired practitioner
  233  consultants who are retained by an agency or current or former
  234  employees of an impaired practitioner consultant whose duties
  235  result in a determination of a person’s skill and safety to
  236  practice a licensed profession; the names, home addresses,
  237  telephone numbers, dates of birth, and places of employment of
  238  the spouses and children of such consultants or their employees;
  239  and the names and locations of schools and day care facilities
  240  attended by the children of such consultants or employees are
  241  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  242  Constitution. This sub-subparagraph is subject to the Open
  243  Government Sunset Review Act in accordance with s. 119.15 and
  244  shall stand repealed on October 2, 2020, unless reviewed and
  245  saved from repeal through reenactment by the Legislature.
  246         q. The home addresses, telephone numbers, dates of birth,
  247  and photographs of current or former emergency medical
  248  technicians or paramedics certified under chapter 401; the
  249  names, home addresses, telephone numbers, dates of birth, and
  250  places of employment of the spouses and children of such
  251  emergency medical technicians or paramedics; and the names and
  252  locations of schools and day care facilities attended by the
  253  children of such emergency medical technicians or paramedics are
  254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  255  Constitution. This sub-subparagraph is subject to the Open
  256  Government Sunset Review Act in accordance with s. 119.15 and
  257  shall stand repealed on October 2, 2021, unless reviewed and
  258  saved from repeal through reenactment by the Legislature.
  259         r. The home addresses, telephone numbers, dates of birth,
  260  and photographs of current or former personnel employed in an
  261  agency’s office of inspector general or internal audit
  262  department whose duties include auditing or investigating waste,
  263  fraud, abuse, theft, exploitation, or other activities that
  264  could lead to criminal prosecution or administrative discipline;
  265  the names, home addresses, telephone numbers, dates of birth,
  266  and places of employment of spouses and children of such
  267  personnel; and the names and locations of schools and day care
  268  facilities attended by the children of such personnel are exempt
  269  from s. 119.07(1) and s. 24(a), Art. I of the State
  270  Constitution. This sub-subparagraph is subject to the Open
  271  Government Sunset Review Act in accordance with s. 119.15 and
  272  shall stand repealed on October 2, 2021, unless reviewed and
  273  saved from repeal through reenactment by the Legislature.
  274         s. The home addresses, telephone numbers, social security
  275  numbers, dates of birth, and photographs of current or former
  276  directors, managers, supervisors, nurses, and clinical employees
  277  of a substance abuse service provider that is licensed under
  278  part II of chapter 397 and whose duties include the counseling
  279  and treatment of persons who have mental health or substance
  280  abuse disorders; the home addresses, telephone numbers, social
  281  security numbers, photographs, dates of birth, and places of
  282  employment of the spouses and children of such personnel; and
  283  the names and locations of schools and day care facilities
  284  attended by the children of such personnel are exempt from s.
  285  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  286  sub-subparagraph is subject to the Open Government Sunset Review
  287  Act in accordance with s. 119.15 and shall stand repealed on
  288  October 2, 2023, unless reviewed and saved from repeal through
  289  reenactment by the Legislature.
  290         3. An agency that is the custodian of the information
  291  specified in subparagraph 2. and that is not the employer of the
  292  officer, employee, justice, judge, or other person specified in
  293  subparagraph 2. shall maintain the exempt status of that
  294  information only if the officer, employee, justice, judge, other
  295  person, or employing agency of the designated employee submits a
  296  written request for maintenance of the exemption to the
  297  custodial agency.
  298         4. The exemptions in this paragraph apply to information
  299  held by an agency before, on, or after the effective date of the
  300  exemption.
  301         Section 2. (1) The Legislature finds that it is a public
  302  necessity that all of the following identifying and location
  303  information be exempt from s. 119.07(1), Florida Statutes, and
  304  s. 24(a), Article I of the State Constitution:
  305         (a) The home addresses, telephone numbers, social security
  306  numbers, dates of birth, and photographs of current or former
  307  directors, managers, supervisors, nurses, and clinical employees
  308  of a substance abuse service provider that is licensed under
  309  part II of chapter 397, Florida Statutes.
  310         (b) The home addresses, telephone numbers, social security
  311  numbers, photographs, dates of birth, and places of employment
  312  of the spouses and children of personnel identified in paragraph
  313  (a).
  314         (c) The names and locations of schools and day care
  315  facilities attended by the children of such personnel.
  316         (2) The Legislature finds that the release of such
  317  identifying and location information may place current or former
  318  directors, managers, supervisors, nurses, and clinical employees
  319  of a substance abuse service provider that is licensed under
  320  part II of chapter 397, Florida Statutes, and their family
  321  members, in danger of physical and emotional harm from hostile
  322  persons who may react inappropriately and violently to actions
  323  taken by such directors, managers, supervisors, nurses, or
  324  clinical employees of a substance abuse service provider that is
  325  licensed under part II of chapter 397, Florida Statutes. These
  326  personnel provide services that are necessary and appropriate
  327  for persons who have mental health or substance abuse disorders.
  328  In addition, these personnel provide valuable and supportive
  329  services to the state’s most vulnerable residents. Despite the
  330  value of such services, some persons may become hostile toward
  331  the personnel and may pose a threat to them indefinitely. The
  332  harm that may result from the release of such personal
  333  identifying and location information outweighs any public
  334  benefit that may be derived from the disclosure of the
  335  information.
  336         Section 3. This act shall take effect July 1, 2018.