Bill Text: FL S7018 | 2017 | Regular Session | Comm Sub
Bill Title: OGSR/Agency Personnel Information
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-05-02 - Laid on Table, companion bill(s) passed, see HB 7093 (Ch. 2017-66) [S7018 Detail]
Download: Florida-2017-S7018-Comm_Sub.html
Florida Senate - 2017 CS for SB 7018
By the Committees on Rules; and Governmental Oversight and
Accountability
595-04422-17 20177018c1
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., which
4 provides exemptions from public record requirements
5 for certain personal identifying and location
6 information of specified agency personnel, and the
7 spouses and children thereof; revising the exemptions;
8 removing redundant exemptions for social security
9 numbers; providing an exemption from public record
10 requirements for the names of the spouses and children
11 of certain agency personnel; providing an exemption
12 from public record requirements for the dates of birth
13 for certain agency personnel and their spouses and
14 children; removing the scheduled repeal of certain
15 exemptions; providing for retroactive application;
16 providing for future legislative review and repeal of
17 certain exemptions; providing statements of public
18 necessity; providing 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 names, 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) and s.
48 24(a), Art. I of the State Constitution. This sub-subparagraph
49 is subject to the Open Government Sunset Review Act in
50 accordance with s. 119.15 and shall stand repealed on October 2,
51 2022, unless reviewed and saved from repeal through reenactment
52 by the Legislature.
53 (II) The names of the spouses and children of active or
54 former sworn or civilian law enforcement personnel and the other
55 specified agency personnel identified in sub-sub-subparagraph
56 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
57 State Constitution.
58 (III) Sub-sub-subparagraph (II) is subject to the Open
59 Government Sunset Review Act in accordance with s. 119.15, and
60 shall stand repealed on October 2, 2018, unless reviewed and
61 saved from repeal through reenactment by the Legislature.
62 b.(IV) The home addresses, telephone numbers, dates of
63 birth, and photographs of current or former nonsworn
64 investigative personnel of the Department of Financial Services
65 whose duties include the investigation of fraud, theft, workers’
66 compensation coverage requirements and compliance, other related
67 criminal activities, or state regulatory requirement violations;
68 the names, home addresses, telephone numbers, dates of birth,
69 and places of employment of the spouses and children of such
70 personnel; and the names and locations of schools and day care
71 facilities attended by the children of such personnel are exempt
72 from s. 119.07(1) and s. 24(a), Art. I of the State
73 Constitution. This sub-subparagraph sub-sub-subparagraph is
74 subject to the Open Government Sunset Review Act in accordance
75 with s. 119.15 and shall stand repealed on October 2, 2021,
76 unless reviewed and saved from repeal through reenactment by the
77 Legislature.
78 c.b. The home addresses, telephone numbers, dates of birth,
79 and photographs of firefighters certified in compliance with s.
80 633.408; the names, home addresses, telephone numbers,
81 photographs, dates of birth, and places of employment of the
82 spouses and children of such firefighters; and the names and
83 locations of schools and day care facilities attended by the
84 children of such firefighters are exempt from s. 119.07(1) and
85 s. 24(a), Art. I of the State Constitution. This sub
86 subparagraph is subject to the Open Government Sunset Review Act
87 in accordance with s. 119.15 and shall stand repealed on October
88 2, 2022, unless reviewed and saved from repeal through
89 reenactment by the Legislature.
90 d.c. The home addresses, dates of birth, and telephone
91 numbers of current or former justices of the Supreme Court,
92 district court of appeal judges, circuit court judges, and
93 county court judges; the names, home addresses, telephone
94 numbers, dates of birth, and places of employment of the spouses
95 and children of current or former justices and judges; and the
96 names and locations of schools and day care facilities attended
97 by the children of current or former justices and judges are
98 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
99 Constitution. This sub-subparagraph is subject to the Open
100 Government Sunset Review Act in accordance with s. 119.15 and
101 shall stand repealed on October 2, 2022, unless reviewed and
102 saved from repeal through reenactment by the Legislature.
103 e.d.(I) The home addresses, telephone numbers, social
104 security numbers, dates of birth, and photographs of current or
105 former state attorneys, assistant state attorneys, statewide
106 prosecutors, or assistant statewide prosecutors; the names, home
107 addresses, telephone numbers, social security numbers,
108 photographs, dates of birth, and places of employment of the
109 spouses and children of current or former state attorneys,
110 assistant state attorneys, statewide prosecutors, or assistant
111 statewide prosecutors; and the names and locations of schools
112 and day care facilities attended by the children of current or
113 former state attorneys, assistant state attorneys, statewide
114 prosecutors, or assistant statewide prosecutors are exempt from
115 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
116 (II) The names of the spouses and children of current or
117 former state attorneys, assistant state attorneys, statewide
118 prosecutors, or assistant statewide prosecutors are exempt from
119 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
120 (III) Sub-sub-subparagraph (II) is subject to the Open
121 Government Sunset Review Act in accordance with s. 119.15, and
122 shall stand repealed on October 2, 2018, unless reviewed and
123 saved from repeal through reenactment by the Legislature.
124 f.e. The home addresses, dates of birth, and telephone
125 numbers of general magistrates, special magistrates, judges of
126 compensation claims, administrative law judges of the Division
127 of Administrative Hearings, and child support enforcement
128 hearing officers; the names, home addresses, telephone numbers,
129 dates of birth, and places of employment of the spouses and
130 children of general magistrates, special magistrates, judges of
131 compensation claims, administrative law judges of the Division
132 of Administrative Hearings, and child support enforcement
133 hearing officers; and the names and locations of schools and day
134 care facilities attended by the children of general magistrates,
135 special magistrates, judges of compensation claims,
136 administrative law judges of the Division of Administrative
137 Hearings, and child support enforcement hearing officers are
138 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
139 Constitution. This sub-subparagraph is subject to the Open
140 Government Sunset Review Act in accordance with s. 119.15 and
141 shall stand repealed on October 2, 2022, unless reviewed and
142 saved from repeal through reenactment by the Legislature if the
143 general magistrate, special magistrate, judge of compensation
144 claims, administrative law judge of the Division of
145 Administrative Hearings, or child support hearing officer
146 provides a written statement that the general magistrate,
147 special magistrate, judge of compensation claims, administrative
148 law judge of the Division of Administrative Hearings, or child
149 support hearing officer has made reasonable efforts to protect
150 such information from being accessible through other means
151 available to the public.
152 g.f. The home addresses, telephone numbers, dates of birth,
153 and photographs of current or former human resource, labor
154 relations, or employee relations directors, assistant directors,
155 managers, or assistant managers of any local government agency
156 or water management district whose duties include hiring and
157 firing employees, labor contract negotiation, administration, or
158 other personnel-related duties; the names, home addresses,
159 telephone numbers, dates of birth, and places of employment of
160 the spouses and children of such personnel; and the names and
161 locations of schools and day care facilities attended by the
162 children of such personnel are exempt from s. 119.07(1) and s.
163 24(a), Art. I of the State Constitution.
164 h.g. The home addresses, telephone numbers, dates of birth,
165 and photographs of current or former code enforcement officers;
166 the names, home addresses, telephone numbers, dates of birth,
167 and places of employment of the spouses and children of such
168 personnel; and the names and locations of schools and day care
169 facilities attended by the children of such personnel are exempt
170 from s. 119.07(1) and s. 24(a), Art. I of the State
171 Constitution.
172 i.h. The home addresses, telephone numbers, places of
173 employment, dates of birth, and photographs of current or former
174 guardians ad litem, as defined in s. 39.820; the names, home
175 addresses, telephone numbers, dates of birth, and places of
176 employment of the spouses and children of such persons; and the
177 names and locations of schools and day care facilities attended
178 by the children of such persons are exempt from s. 119.07(1) and
179 s. 24(a), Art. I of the State Constitution. This sub
180 subparagraph is subject to the Open Government Sunset Review Act
181 in accordance with s. 119.15 and shall stand repealed on October
182 2, 2022, unless reviewed and saved from repeal through
183 reenactment by the Legislature, if the guardian ad litem
184 provides a written statement that the guardian ad litem has made
185 reasonable efforts to protect such information from being
186 accessible through other means available to the public.
187 j.i. The home addresses, telephone numbers, dates of birth,
188 and photographs of current or former juvenile probation
189 officers, juvenile probation supervisors, detention
190 superintendents, assistant detention superintendents, juvenile
191 justice detention officers I and II, juvenile justice detention
192 officer supervisors, juvenile justice residential officers,
193 juvenile justice residential officer supervisors I and II,
194 juvenile justice counselors, juvenile justice counselor
195 supervisors, human services counselor administrators, senior
196 human services counselor administrators, rehabilitation
197 therapists, and social services counselors of the Department of
198 Juvenile Justice; the names, home addresses, telephone numbers,
199 dates of birth, and places of employment of spouses and children
200 of such personnel; and the names and locations of schools and
201 day care facilities attended by the children of such personnel
202 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
203 Constitution.
204 k.j.(I) The home addresses, telephone numbers, dates of
205 birth, and photographs of current or former public defenders,
206 assistant public defenders, criminal conflict and civil regional
207 counsel, and assistant criminal conflict and civil regional
208 counsel; the names, home addresses, telephone numbers, dates of
209 birth, and places of employment of the spouses and children of
210 such defenders or counsel; and the names and locations of
211 schools and day care facilities attended by the children of such
212 defenders or counsel are exempt from s. 119.07(1) and s. 24(a),
213 Art. I of the State Constitution.
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 l.k. The home addresses, telephone numbers, dates of birth,
222 and photographs of current or former investigators or inspectors
223 of the Department of Business and Professional Regulation; the
224 names, home addresses, telephone numbers, dates of birth, and
225 places of employment of the spouses and children of such current
226 or former investigators and inspectors; and the names and
227 locations of schools and day care facilities attended by the
228 children of such current or former investigators and inspectors
229 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
230 Constitution if the investigator or inspector has made
231 reasonable efforts to protect such information from being
232 accessible through other means available to the public. This
233 sub-subparagraph is subject to the Open Government Sunset Review
234 Act in accordance with s. 119.15 and shall stand repealed on
235 October 2, 2022 2017, unless reviewed and saved from repeal
236 through reenactment by the Legislature.
237 m.l. The home addresses, and telephone numbers, and dates
238 of birth of county tax collectors; the names, home addresses,
239 telephone numbers, dates of birth, and places of employment of
240 the spouses and children of such tax collectors; and the names
241 and locations of schools and day care facilities attended by the
242 children of such tax collectors are exempt from s. 119.07(1) and
243 s. 24(a), Art. I of the State Constitution if the county tax
244 collector has made reasonable efforts to protect such
245 information from being accessible through other means available
246 to the public. This sub-subparagraph is subject to the Open
247 Government Sunset Review Act in accordance with s. 119.15 and
248 shall stand repealed on October 2, 2022 2017, unless reviewed
249 and saved from repeal through reenactment by the Legislature.
250 n.m. The home addresses, telephone numbers, dates of birth,
251 and photographs of current or former personnel of the Department
252 of Health whose duties include, or result in, the determination
253 or adjudication of eligibility for social security disability
254 benefits, the investigation or prosecution of complaints filed
255 against health care practitioners, or the inspection of health
256 care practitioners or health care facilities licensed by the
257 Department of Health; the names, home addresses, telephone
258 numbers, dates of birth, and places of employment of the spouses
259 and children of such personnel; and the names and locations of
260 schools and day care facilities attended by the children of such
261 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
262 the State Constitution if the personnel have 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, 2019, unless reviewed and saved from repeal through
268 reenactment by the Legislature.
269 o.n. The home addresses, telephone numbers, dates of birth,
270 and photographs of current or former impaired practitioner
271 consultants who are retained by an agency or current or former
272 employees of an impaired practitioner consultant whose duties
273 result in a determination of a person’s skill and safety to
274 practice a licensed profession; the names, home addresses,
275 telephone numbers, dates of birth, and places of employment of
276 the spouses and children of such consultants or their employees;
277 and the names and locations of schools and day care facilities
278 attended by the children of such consultants or employees are
279 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
280 Constitution if a consultant or employee has made reasonable
281 efforts to protect such information from being accessible
282 through other means available to the public. This sub
283 subparagraph is subject to the Open Government Sunset Review Act
284 in accordance with s. 119.15 and shall stand repealed on October
285 2, 2020, unless reviewed and saved from repeal through
286 reenactment by the Legislature.
287 p.o. The home addresses, telephone numbers, dates of birth,
288 and photographs of current or former emergency medical
289 technicians or paramedics certified under chapter 401; the
290 names, home addresses, telephone numbers, dates of birth, and
291 places of employment of the spouses and children of such
292 emergency medical technicians or paramedics; and the names and
293 locations of schools and day care facilities attended by the
294 children of such emergency medical technicians or paramedics are
295 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
296 Constitution if the emergency medical technicians or paramedics
297 have made reasonable efforts to protect such information from
298 being accessible through other means available to the public.
299 This sub-subparagraph is subject to the Open Government Sunset
300 Review Act in accordance with s. 119.15 and shall stand repealed
301 on October 2, 2021, unless reviewed and saved from repeal
302 through reenactment by the Legislature.
303 q.p. The home addresses, telephone numbers, dates of birth,
304 and photographs of current or former personnel employed in an
305 agency’s office of inspector general or internal audit
306 department whose duties include auditing or investigating waste,
307 fraud, abuse, theft, exploitation, or other activities that
308 could lead to criminal prosecution or administrative discipline;
309 the names, home addresses, telephone numbers, dates of birth,
310 and places of employment of spouses and children of such
311 personnel; and the names and locations of schools and day care
312 facilities attended by the children of such personnel are exempt
313 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
314 if the personnel have made reasonable efforts to protect such
315 information from being accessible through other means available
316 to the public. This sub-subparagraph is subject to the Open
317 Government Sunset Review Act in accordance with s. 119.15 and
318 shall stand repealed on October 2, 2021, unless reviewed and
319 saved from repeal through reenactment by the Legislature.
320 3. An agency that is the custodian of the information
321 specified in subparagraph 2. and that is not the employer of the
322 officer, employee, justice, judge, or other person specified in
323 subparagraph 2. shall maintain the exempt status of that
324 information only if the officer, employee, justice, judge, other
325 person, or employing agency of the designated employee submits a
326 written request for maintenance of the exemption to the
327 custodial agency.
328 4. The exemptions in this paragraph apply to information
329 held by an agency before, on, or after the effective date of the
330 exemption.
331 5. Except as otherwise expressly provided in this
332 paragraph, this paragraph is subject to the Open Government
333 Sunset Review Act in accordance with s. 119.15, and shall stand
334 repealed on October 2, 2017, unless reviewed and saved from
335 repeal through reenactment by the Legislature.
336 Section 2. (1)(a) The Legislature finds that it is a public
337 necessity that the following information be made exempt from s.
338 24(a), Article I of the State Constitution:
339 1. The home addresses, telephone numbers, dates of birth,
340 and photographs of active or former sworn or civilian law
341 enforcement personnel, including correctional and correctional
342 probation officers; personnel of the Department of Children and
343 Families whose duties include the investigation of abuse,
344 neglect, exploitation, fraud, theft, or other criminal
345 activities; personnel of the Department of Health whose duties
346 are to support the investigation of child abuse or neglect; and
347 personnel of the Department of Revenue or local governments
348 whose responsibilities include revenue collection and
349 enforcement or child support enforcement; the home addresses,
350 telephone numbers, photographs, dates of birth, and places of
351 employment of the spouses and children of such personnel; and
352 the names and locations of schools and day care facilities
353 attended by the children of such personnel;
354 2. The home addresses, telephone numbers, dates of birth,
355 and photographs of firefighters certified in compliance with s.
356 633.408, Florida Statutes; the home addresses, telephone
357 numbers, photographs, dates of birth, and places of employment
358 of the spouses and children of such firefighters; and the names
359 and locations of schools and day care facilities attended by the
360 children of such firefighters; and
361 3. The home addresses, dates of birth, and telephone
362 numbers of current or former justices of the Supreme Court,
363 district court of appeal judges, circuit court judges, and
364 county court judges; the home addresses, telephone numbers,
365 dates of birth, and places of employment of the spouses and
366 children of current or former justices and judges; and the names
367 and locations of schools and day care facilities attended by the
368 children of current or former justices and judges.
369 (b) The Legislature finds that it is a public necessity to
370 exempt this information from s. 24(a), Article I of the State
371 Constitution in order to prevent disclosure of information that
372 can be used to identify or locate these governmental personnel
373 and their spouses and children. These governmental personnel
374 perform duties that can adversely affect the rights of members
375 of the public. Adversely affected people and their families or
376 friends may place blame on these governmental personnel for
377 arrests, investigations, or judicial intervention. Governmental
378 personnel may also be threatened or harmed by victims who
379 believe governmental personnel did not adequately perform their
380 duties. Such governmental personnel are subject to threats and
381 violence on and off duty, and these threats persist after such
382 personnel leave work. The threat of danger and revenge extends
383 to the spouses and children of these governmental personnel.
384 (c) Furthermore, the combination of personal identification
385 and location information can be used as a tool to perpetuate
386 fraud against these governmental personnel and to acquire
387 sensitive personal, financial, medical, and familial
388 information, the release of which could cause great financial
389 harm to these individuals and their families. Identity theft can
390 also harm these governmental personnel and their families’
391 reputations. It is in the public interest to protect fully these
392 governmental employees and their families and to ensure that
393 their identifying and location information is exempt from public
394 disclosure when it is held by an entity in the executive,
395 legislative, or judicial branch of government.
396 (2)(a) The Legislature finds that it is a public necessity
397 to exempt the names of the children and spouses of the following
398 governmental personnel from s. 119.07(1), Florida Statutes, and
399 s. 24(a), Article I of the State Constitution:
400 1. Firefighters certified in compliance with s. 633.408,
401 Florida Statutes;
402 2. Current or former justices of the Supreme Court,
403 district court of appeal judges, circuit court judges, and
404 county court judges; and
405 3. General magistrates, special magistrates, judges of
406 compensation claims, administrative law judges of the Division
407 of Administrative Hearings, and child support enforcement
408 hearing officers.
409 (b) Such personnel are often required to interact with
410 members of the public who are in difficult circumstances. These
411 personnel and their families are subject to threats by members
412 of the public who may seek revenge against them. Allowing public
413 access to the names of children and spouses of such personnel
414 will make the children and spouses of these personnel easy to
415 find and expose them to threats or acts of revenge. Threats or
416 acts of revenge against the children and spouses of such
417 personnel could compromise the governmental personnel’s ability
418 to perform their duties without fear of retaliation.
419 (3)(a) The Legislature finds that it is a public necessity
420 to make the following information exempt from s. 119.07(1),
421 Florida Statutes, and s. 24(a), Article I of the State
422 Constitution, regardless of whether such individuals made
423 reasonable efforts to protect such information from being
424 public:
425 1. The home addresses, dates of birth, and telephone
426 numbers of general magistrates, special magistrates, judges of
427 compensation claims, administrative law judges of the Division
428 of Administrative Hearings, and child support enforcement
429 hearing officers; the names, home addresses, telephone numbers,
430 dates of birth, and places of employment of the spouses and
431 children of general magistrates, special magistrates, judges of
432 compensation claims, administrative law judges of the Division
433 of Administrative Hearings, and child support enforcement
434 hearing officers; and the names and locations of schools and day
435 care facilities attended by the children of general magistrates,
436 special magistrates, judges of compensation claims,
437 administrative law judges of the Division of Administrative
438 Hearings, and child support enforcement hearing officers.
439 2. The home addresses, telephone numbers, places of
440 employment, dates of birth, and photographs of current or former
441 guardians ad litem, as defined in s. 39.820, Florida Statutes;
442 the names, home addresses, telephone numbers, dates of birth,
443 and places of employment of the spouses and children of such
444 persons; and the names and locations of schools and day care
445 facilities attended by the children of such persons.
446 3. The home addresses, telephone numbers, dates of birth,
447 and photographs of current or former investigators or inspectors
448 of the Department of Business and Professional Regulation; the
449 names, home addresses, telephone numbers, dates of birth, and
450 places of employment of the spouses and children of current or
451 former investigators and inspectors; and the names and locations
452 of schools and day care facilities attended by the children of
453 current or former investigators and inspectors.
454 4. The home addresses, telephone numbers, and dates of
455 birth of county tax collectors; the names, home addresses,
456 telephone numbers, dates of birth, and places of employment of
457 the spouses and children of such tax collectors; and the names
458 and locations of schools and day care facilities attended by the
459 children of such tax collectors.
460 5. The home addresses, telephone numbers, dates of birth,
461 and photographs of current or former personnel of the Department
462 of Health whose duties include, or result in, the determination
463 or adjudication of eligibility for social security disability
464 benefits, the investigation or prosecution of complaints filed
465 against health care practitioners, or the inspection of health
466 care practitioners or health care facilities licensed by the
467 Department of Health; the names, home addresses, telephone
468 numbers, dates of birth, and places of employment of the spouses
469 and children of such personnel; and the names and locations of
470 schools and day care facilities attended by the children of such
471 personnel.
472 6. The home addresses, telephone numbers, dates of birth,
473 and photographs of current or former impaired practitioner
474 consultants who are retained by an agency or current or former
475 employees of an impaired practitioner consultant whose duties
476 result in a determination of a person’s skill and safety to
477 practice a licensed profession; the names, home addresses,
478 telephone numbers, dates of birth, and places of employment of
479 the spouses and children of such consultants or their employees;
480 and the names and locations of schools and day care facilities
481 attended by the children of such consultants or employees.
482 7. The home addresses, telephone numbers, dates of birth,
483 and photographs of current or former emergency medical
484 technicians or paramedics certified under chapter 401, Florida
485 Statutes; the names, home addresses, telephone numbers, dates of
486 birth, and places of employment of the spouses and children of
487 such emergency medical technicians or paramedics; and the names
488 and locations of schools and day care facilities attended by the
489 children of such emergency medical technicians or paramedics.
490 8. The home addresses, telephone numbers, dates of birth,
491 and photographs of current or former personnel employed in an
492 agency’s office of inspector general or internal audit
493 department whose duties include auditing or investigating waste,
494 fraud, abuse, theft, exploitation, or other activities that
495 could lead to criminal prosecution or administrative discipline;
496 the names, home addresses, telephone numbers, dates of birth,
497 and places of employment of spouses and children of such
498 personnel; and the names and locations of schools and day care
499 facilities attended by the children of such personnel.
500 (b) The Legislature finds that exempting identifying and
501 location information from public disclosure requirements
502 protects such personnel and their spouses and children from
503 danger of physical and emotional harm from disgruntled criminal
504 defendants, litigants, licensees, taxpayers, and other members
505 of the public. Such personnel may be subject to threats or acts
506 of revenge because of the duties they perform. The spouses and
507 children of such personnel are also endangered by people who may
508 seek to intimidate or harm such personnel. In addition,
509 criminals could use identification and location information for
510 identity theft that can cause financial harm to these personnel
511 and their spouses and children. The harm that might result from
512 the release of exempt information outweighs any public benefit
513 that could be derived from disclosure. For these reasons, the
514 exemptions should be applied without requiring such personnel
515 prove that they have not made their information public.
516 (c) In addition, requiring these personnel prove that they
517 made reasonable efforts to protect their identification and
518 location information is an added burden on these individuals as
519 well as on agencies receiving a public records request. The
520 extent to which these individuals must protect their information
521 from public accessibility is unclear. It is also unclear how
522 much proof an agency needs in order to grant the exemption. The
523 burden on an agency to verify whether these individuals have
524 protected from public disclosure their identifying and location
525 information adversely impacts the effective and efficient
526 administration of government in establishing who is eligible for
527 an exemption. Relatively few public record exemptions require an
528 individual to prove that he or she made reasonable efforts to
529 protect his or her information from being available to the
530 public. Such inconsistencies among public record exemptions
531 reduce accuracy and efficiency when redacting exempt information
532 when a public records request for agency personnel information
533 is made. It is not in the public interest for the public to
534 receive inaccurately redacted information.
535 (4)(a) The Legislature finds that it is a public necessity
536 that the dates of birth of the following people be made exempt
537 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
538 the State Constitution:
539 1. Current or former investigators or inspectors of the
540 Department of Business and Professional Regulation and their
541 spouses and children; and
542 2. County tax collectors and their spouses and children.
543 (b) Dates of birth can be used as a tool to perpetuate
544 fraud against an individual and to acquire sensitive personal,
545 financial, medical, and familial information, the release of
546 which could cause great financial harm to an individual and his
547 or her family. Identity theft can also be used to harm their
548 reputations and good name.
549 (5) The Legislature finds that the amendments to s.
550 119.071(4)(d), Florida Statutes, made by this act are necessary
551 to bring greater uniformity among public record exemptions for
552 agency personnel information because exempted information
553 currently varies from exemption to exemption. Inconsistencies
554 between public record exemptions for agency personnel
555 information result in increased inaccuracy and inefficiency when
556 information must be redacted in response to a public record
557 request. Unnecessary complexity increases the likelihood that
558 public record custodians may inaccurately redact information in
559 a record. As a result, the public could receive an improperly
560 redacted record that contains information that is not exempt or
561 have access to exempt information that should have been
562 redacted. It is not in the interest of the public to receive
563 inaccurately redacted information, or to unnecessarily pay fees
564 for staff time associated with redacting extraneous information.
565 In addition, the accidental release of personal identifying and
566 location information can endanger personnel or otherwise negate
567 the purpose of the exemption.
568 Section 3. This act shall take effect October 1, 2017.
