Bill Text: FL H7087 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Guardians Ad Litem [SPSC]

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-71 [H7087 Detail]

Download: Florida-2010-H7087-Introduced.html

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HB 7087

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 an exemption from public records requirements for
5	identification and location information of current or
6	former guardians ad litem and the spouses and children of
7	guardians ad litem; expanding the public records exemption
8	to include the names and locations of schools or day care
9	facilities attended by the children of current or former
10	guardians ad litem; providing for future legislative
11	review and repeal of the exemption; providing a statement
12	of 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.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 home addresses,
32	telephone numbers, social security numbers, photographs, and
33	places of employment of the spouses and children of such
34	personnel; and the names and locations of schools and day care
35	facilities attended by the children of such personnel are exempt
36	from s. 119.07(1).
37	b. The home addresses, telephone numbers, and photographs
38	of firefighters certified in compliance with s. 633.35; the home
39	addresses, telephone numbers, photographs, and places of
40	employment of the spouses and children of such firefighters; and
41	the names and locations of schools and day care facilities
42	attended by the children of such firefighters are exempt from s.
43	119.07(1).
44	c. The home addresses and telephone numbers of justices of
45	the Supreme Court, district court of appeal judges, circuit
46	court judges, and county court judges; the home addresses,
47	telephone numbers, and places of employment of the spouses and
48	children of justices and judges; and the names and locations of
49	schools and day care facilities attended by the children of
50	justices and judges are exempt from s. 119.07(1).
51	d. The home addresses, telephone numbers, social security
52	numbers, and photographs of current or former state attorneys,
53	assistant state attorneys, statewide prosecutors, or assistant
54	statewide prosecutors; the home addresses, telephone numbers,
55	social security numbers, photographs, and places of employment
56	of the spouses and children of current or former state
57	attorneys, assistant state attorneys, statewide prosecutors, or
58	assistant statewide prosecutors; and the names and locations of
59	schools and day care facilities attended by the children of
60	current or former state attorneys, assistant state attorneys,
61	statewide prosecutors, or assistant statewide prosecutors are
62	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
63	Constitution.
64	e. The home addresses and telephone numbers of general
65	magistrates, special magistrates, judges of compensation claims,
66	administrative law judges of the Division of Administrative
67	Hearings, and child support enforcement hearing officers; the
68	home addresses, telephone numbers, and places of employment of
69	the spouses and children of general magistrates, special
70	magistrates, judges of compensation claims, administrative law
71	judges of the Division of Administrative Hearings, and child
72	support enforcement hearing officers; and the names and
73	locations of schools and day care facilities attended by the
74	children of general magistrates, special magistrates, judges of
75	compensation claims, administrative law judges of the Division
76	of Administrative Hearings, and child support enforcement
77	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
78	I of the State Constitution if the general magistrate, special
79	magistrate, judge of compensation claims, administrative law
80	judge of the Division of Administrative Hearings, or child
81	support hearing officer provides a written statement that the
82	general magistrate, special magistrate, judge of compensation
83	claims, administrative law judge of the Division of
84	Administrative Hearings, or child support hearing officer has
85	made reasonable efforts to protect such information from being
86	accessible through other means available to the public. This
87	sub-subparagraph is subject to the Open Government Sunset Review
88	Act in accordance with s. 119.15, and shall stand repealed on
89	October 2, 2013, unless reviewed and saved from repeal through
90	reenactment by the Legislature.
91	f. The home addresses, telephone numbers, and photographs
92	of current or former human resource, labor relations, or
93	employee relations directors, assistant directors, managers, or
94	assistant managers of any local government agency or water
95	management district whose duties include hiring and firing
96	employees, labor contract negotiation, administration, or other
97	personnel-related duties; the names, home addresses, telephone
98	numbers, and places of employment of the spouses and children of
99	such personnel; and the names and locations of schools and day
100	care facilities attended by the children of such personnel are
101	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
102	Constitution.
103	g. The home addresses, telephone numbers, and photographs
104	of current or former code enforcement officers; the names, home
105	addresses, telephone numbers, and places of employment of the
106	spouses and children of such personnel; and the names and
107	locations of schools and day care facilities attended by the
108	children of such personnel are exempt from s. 119.07(1) and s.
109	24(a), Art. I of the State Constitution.
110	h. The home addresses, telephone numbers, places of
111	employment, and photographs of current or former guardians ad
112	litem, as defined in s. 39.820;, and the names, home addresses,
113	telephone numbers, and places of employment of the spouses and
114	children of such persons; and the names and locations of schools
115	and day care facilities attended by the children of such
116	persons, are exempt from s. 119.07(1) and s. 24(a), Art. I of
117	the State Constitution, if the guardian ad litem provides a
118	written statement that the guardian ad litem has made reasonable
119	efforts to protect such information from being accessible
120	through other means available to the public. This sub-
121	subparagraph is subject to the Open Government Sunset Review Act
122	in accordance with s. 119.15 and shall stand repealed on October
123	2, 2015 2010, unless reviewed and saved from repeal through
124	reenactment by the Legislature.
125	i. The home addresses, telephone numbers, and photographs
126	of current or former juvenile probation officers, juvenile
127	probation supervisors, detention superintendents, assistant
128	detention superintendents, senior juvenile detention officers,
129	juvenile detention officer supervisors, juvenile detention
130	officers, house parents I and II, house parent supervisors,
131	group treatment leaders, group treatment leader supervisors,
132	rehabilitation therapists, and social services counselors of the
133	Department of Juvenile Justice; the names, home addresses,
134	telephone numbers, and places of employment of spouses and
135	children of such personnel; and the names and locations of
136	schools and day care facilities attended by the children of such
137	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
138	the State Constitution. This sub-subparagraph is subject to the
139	Open Government Sunset Review Act in accordance with s. 119.15
140	and shall stand repealed on October 2, 2011, unless reviewed and
141	saved from repeal through reenactment by the Legislature.
142	2. An agency that is the custodian of the information
143	specified in subparagraph 1. and that is not the employer of the
144	officer, employee, justice, judge, or other person specified in
145	subparagraph 1. shall maintain the exempt status of that
146	information only if the officer, employee, justice, judge, other
147	person, or employing agency of the designated employee submits a
148	written request for maintenance of the exemption to the
149	custodial agency.
150	Section 2. The Legislature finds that it is a public
151	necessity that the names and locations of schools and day care
152	facilities attended by the children of current or former
153	guardians ad litem be made exempt from public records
154	requirements. Guardians ad litem provide a valuable service to
155	the community. They interact with victims of child abuse and
156	neglect and, at times, the perpetrators of that abuse or
157	neglect. The capacity in which they work or volunteer their time
158	does not always create good will. Different persons may be
159	disgruntled with the testimony, report, or recommendation made
160	by guardians ad litem. The testimony of guardians ad litem could
161	create a safety risk. Thus, the children of guardians ad litem
162	could become a potential target for acts of revenge. If the name
163	and location of schools or day care facilities attended by the
164	children of such persons were made available, the safety and
165	welfare of the children of the guardians ad litem could be
166	seriously jeopardized. Accordingly, it is a public necessity
167	that such information be made exempt from public disclosure.
168	Section 3. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.