Bill Text: FL S0210 | 2017 | Regular Session | Introduced

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

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Bill Title: Public Records/Public Guardians

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2017-05-05 - Died in Rules [S0210 Detail]

Download: Florida-2017-S0210-Introduced.html

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       Florida Senate - 2017                                     SB 210
       
       
        
       By Senator Passidomo
       
       28-00326-17                                            2017210__
    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 for certain identifying and
    5         location information of current or former public
    6         guardians and the spouses and children thereof;
    7         providing for future legislative review and repeal of
    8         the exemption; providing a statement of public
    9         necessity; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (4) of section
   14  119.071, Florida Statutes, is amended to read:
   15         119.071 General exemptions from inspection or copying of
   16  public records.—
   17         (4) AGENCY PERSONNEL INFORMATION.—
   18         (d)1. For purposes of this paragraph, the term “telephone
   19  numbers” includes home telephone numbers, personal cellular
   20  telephone numbers, personal pager telephone numbers, and
   21  telephone numbers associated with personal communications
   22  devices.
   23         2.a.(I) The home addresses, telephone numbers, social
   24  security numbers, dates of birth, and photographs of active or
   25  former sworn or civilian law enforcement personnel, including
   26  correctional and correctional probation officers, personnel of
   27  the Department of Children and Families whose duties include the
   28  investigation of abuse, neglect, exploitation, fraud, theft, or
   29  other criminal activities, personnel of the Department of Health
   30  whose duties are to support the investigation of child abuse or
   31  neglect, and personnel of the Department of Revenue or local
   32  governments whose responsibilities include revenue collection
   33  and enforcement or child support enforcement; the home
   34  addresses, telephone numbers, social security numbers,
   35  photographs, dates of birth, and places of employment of the
   36  spouses and children of such personnel; and the names and
   37  locations of schools and day care facilities attended by the
   38  children of such personnel are exempt from s. 119.07(1).
   39         (II) The names of the spouses and children of active or
   40  former sworn or civilian law enforcement personnel and the other
   41  specified agency personnel identified in sub-sub-subparagraph
   42  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   43  State Constitution.
   44         (III) Sub-sub-subparagraph (II) is subject to the Open
   45  Government Sunset Review Act in accordance with s. 119.15, and
   46  shall stand repealed on October 2, 2018, unless reviewed and
   47  saved from repeal through reenactment by the Legislature.
   48         (IV) The home addresses, telephone numbers, dates of birth,
   49  and photographs of current or former nonsworn investigative
   50  personnel of the Department of Financial Services whose duties
   51  include the investigation of fraud, theft, workers’ compensation
   52  coverage requirements and compliance, other related criminal
   53  activities, or state regulatory requirement violations; the
   54  names, home addresses, telephone numbers, dates of birth, and
   55  places of employment of the spouses and children of such
   56  personnel; and the names and locations of schools and day care
   57  facilities attended by the children of such personnel are exempt
   58  from s. 119.07(1) and s. 24(a), Art. I of the State
   59  Constitution. This sub-sub-subparagraph is subject to the Open
   60  Government Sunset Review Act in accordance with s. 119.15 and
   61  shall stand repealed on October 2, 2021, unless reviewed and
   62  saved from repeal through reenactment by the Legislature.
   63         b. The home addresses, telephone numbers, dates of birth,
   64  and photographs of firefighters certified in compliance with s.
   65  633.408; the home addresses, telephone numbers, photographs,
   66  dates of birth, and places of employment of the spouses and
   67  children of such firefighters; and the names and locations of
   68  schools and day care facilities attended by the children of such
   69  firefighters are exempt from s. 119.07(1).
   70         c. The home addresses, dates of birth, and telephone
   71  numbers of current or former justices of the Supreme Court,
   72  district court of appeal judges, circuit court judges, and
   73  county court judges; the home addresses, telephone numbers,
   74  dates of birth, and places of employment of the spouses and
   75  children of current or former justices and judges; and the names
   76  and locations of schools and day care facilities attended by the
   77  children of current or former justices and judges are exempt
   78  from s. 119.07(1).
   79         d.(I) The home addresses, telephone numbers, social
   80  security numbers, dates of birth, and photographs of current or
   81  former state attorneys, assistant state attorneys, statewide
   82  prosecutors, or assistant statewide prosecutors; the home
   83  addresses, telephone numbers, social security numbers,
   84  photographs, dates of birth, and places of employment of the
   85  spouses and children of current or former state attorneys,
   86  assistant state attorneys, statewide prosecutors, or assistant
   87  statewide prosecutors; and the names and locations of schools
   88  and day care facilities attended by the children of current or
   89  former state attorneys, assistant state attorneys, statewide
   90  prosecutors, or assistant statewide prosecutors are exempt from
   91  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   92         (II) The names of the spouses and children of current or
   93  former state attorneys, assistant state attorneys, statewide
   94  prosecutors, or assistant statewide prosecutors are exempt from
   95  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   96         (III) Sub-sub-subparagraph (II) is subject to the Open
   97  Government Sunset Review Act in accordance with s. 119.15, and
   98  shall stand repealed on October 2, 2018, unless reviewed and
   99  saved from repeal through reenactment by the Legislature.
  100         e. The home addresses, dates of birth, and telephone
  101  numbers of general magistrates, special magistrates, judges of
  102  compensation claims, administrative law judges of the Division
  103  of Administrative Hearings, and child support enforcement
  104  hearing officers; the home addresses, telephone numbers, dates
  105  of birth, and places of employment of the spouses and children
  106  of general magistrates, special magistrates, judges of
  107  compensation claims, administrative law judges of the Division
  108  of Administrative Hearings, and child support enforcement
  109  hearing officers; and the names and locations of schools and day
  110  care facilities attended by the children of general magistrates,
  111  special magistrates, judges of compensation claims,
  112  administrative law judges of the Division of Administrative
  113  Hearings, and child support enforcement hearing officers are
  114  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  115  Constitution if the general magistrate, special magistrate,
  116  judge of compensation claims, administrative law judge of the
  117  Division of Administrative Hearings, or child support hearing
  118  officer provides a written statement that the general
  119  magistrate, special magistrate, judge of compensation claims,
  120  administrative law judge of the Division of Administrative
  121  Hearings, or child support hearing officer has made reasonable
  122  efforts to protect such information from being accessible
  123  through other means available to the public.
  124         f. The home addresses, telephone numbers, dates of birth,
  125  and photographs of current or former human resource, labor
  126  relations, or employee relations directors, assistant directors,
  127  managers, or assistant managers of any local government agency
  128  or water management district whose duties include hiring and
  129  firing employees, labor contract negotiation, administration, or
  130  other personnel-related duties; the names, home addresses,
  131  telephone numbers, dates of birth, and places of employment of
  132  the spouses and children of such personnel; and the names and
  133  locations of schools and day care facilities attended by the
  134  children of such personnel are exempt from s. 119.07(1) and s.
  135  24(a), Art. I of the State Constitution.
  136         g. The home addresses, telephone numbers, dates of birth,
  137  and photographs of current or former code enforcement officers;
  138  the names, home addresses, telephone numbers, dates of birth,
  139  and places of employment of the spouses and children of such
  140  personnel; and the names and locations of schools and day care
  141  facilities attended by the children of such personnel are exempt
  142  from s. 119.07(1) and s. 24(a), Art. I of the State
  143  Constitution.
  144         h. The home addresses, telephone numbers, places of
  145  employment, dates of birth, and photographs of current or former
  146  guardians ad litem, as defined in s. 39.820; the names, home
  147  addresses, telephone numbers, dates of birth, and places of
  148  employment of the spouses and children of such persons; and the
  149  names and locations of schools and day care facilities attended
  150  by the children of such persons are exempt from s. 119.07(1) and
  151  s. 24(a), Art. I of the State Constitution, if the guardian ad
  152  litem provides a written statement that the guardian ad litem
  153  has made reasonable efforts to protect such information from
  154  being accessible through other means available to the public.
  155         i. The home addresses, telephone numbers, dates of birth,
  156  and photographs of current or former juvenile probation
  157  officers, juvenile probation supervisors, detention
  158  superintendents, assistant detention superintendents, juvenile
  159  justice detention officers I and II, juvenile justice detention
  160  officer supervisors, juvenile justice residential officers,
  161  juvenile justice residential officer supervisors I and II,
  162  juvenile justice counselors, juvenile justice counselor
  163  supervisors, human services counselor administrators, senior
  164  human services counselor administrators, rehabilitation
  165  therapists, and social services counselors of the Department of
  166  Juvenile Justice; the names, home addresses, telephone numbers,
  167  dates of birth, and places of employment of spouses and children
  168  of such personnel; and the names and locations of schools and
  169  day care facilities attended by the children of such personnel
  170  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  171  Constitution.
  172         j.(I) The home addresses, telephone numbers, dates of
  173  birth, and photographs of current or former public defenders,
  174  assistant public defenders, criminal conflict and civil regional
  175  counsel, and assistant criminal conflict and civil regional
  176  counsel; the home addresses, telephone numbers, dates of birth,
  177  and places of employment of the spouses and children of such
  178  defenders or counsel; and the names and locations of schools and
  179  day care facilities attended by the children of such defenders
  180  or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  181  the State Constitution.
  182         (II) The names of the spouses and children of the specified
  183  agency personnel identified in sub-sub-subparagraph (I) are
  184  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  185  Constitution. This sub-sub-subparagraph is subject to the Open
  186  Government Sunset Review Act in accordance with s. 119.15 and
  187  shall stand repealed on October 2, 2019, unless reviewed and
  188  saved from repeal through reenactment by the Legislature.
  189         k. The home addresses, telephone numbers, and photographs
  190  of current or former investigators or inspectors of the
  191  Department of Business and Professional Regulation; the names,
  192  home addresses, telephone numbers, and places of employment of
  193  the spouses and children of such current or former investigators
  194  and inspectors; and the names and locations of schools and day
  195  care facilities attended by the children of such current or
  196  former investigators and inspectors are exempt from s. 119.07(1)
  197  and s. 24(a), Art. I of the State Constitution if the
  198  investigator or inspector has made reasonable efforts to protect
  199  such information from being accessible through other means
  200  available to the public. This sub-subparagraph is subject to the
  201  Open Government Sunset Review Act in accordance with s. 119.15
  202  and shall stand repealed on October 2, 2017, unless reviewed and
  203  saved from repeal through reenactment by the Legislature.
  204         l. The home addresses and telephone numbers of county tax
  205  collectors; the names, home addresses, telephone numbers, and
  206  places of employment of the spouses and children of such tax
  207  collectors; and the names and locations of schools and day care
  208  facilities attended by the children of such tax collectors are
  209  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  210  Constitution if the county tax collector has made reasonable
  211  efforts to protect such information from being accessible
  212  through other means available to the public. This sub
  213  subparagraph is subject to the Open Government Sunset Review Act
  214  in accordance with s. 119.15 and shall stand repealed on October
  215  2, 2017, unless reviewed and saved from repeal through
  216  reenactment by the Legislature.
  217         m. The home addresses, telephone numbers, dates of birth,
  218  and photographs of current or former personnel of the Department
  219  of Health whose duties include, or result in, the determination
  220  or adjudication of eligibility for social security disability
  221  benefits, the investigation or prosecution of complaints filed
  222  against health care practitioners, or the inspection of health
  223  care practitioners or health care facilities licensed by the
  224  Department of Health; the names, home addresses, telephone
  225  numbers, dates of birth, and places of employment of the spouses
  226  and children of such personnel; and the names and locations of
  227  schools and day care facilities attended by the children of such
  228  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  229  the State Constitution if the personnel have made reasonable
  230  efforts to protect such information from being accessible
  231  through other means available to the public. This sub
  232  subparagraph is subject to the Open Government Sunset Review Act
  233  in accordance with s. 119.15 and shall stand repealed on October
  234  2, 2019, unless reviewed and saved from repeal through
  235  reenactment by the Legislature.
  236         n. The home addresses, telephone numbers, dates of birth,
  237  and photographs of current or former impaired practitioner
  238  consultants who are retained by an agency or current or former
  239  employees of an impaired practitioner consultant whose duties
  240  result in a determination of a person’s skill and safety to
  241  practice a licensed profession; the names, home addresses,
  242  telephone numbers, dates of birth, and places of employment of
  243  the spouses and children of such consultants or their employees;
  244  and the names and locations of schools and day care facilities
  245  attended by the children of such consultants or employees are
  246  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  247  Constitution if a consultant or employee has made reasonable
  248  efforts to protect such information from being accessible
  249  through other means available to the public. This sub
  250  subparagraph is subject to the Open Government Sunset Review Act
  251  in accordance with s. 119.15 and shall stand repealed on October
  252  2, 2020, unless reviewed and saved from repeal through
  253  reenactment by the Legislature.
  254         o. The home addresses, telephone numbers, dates of birth,
  255  and photographs of current or former emergency medical
  256  technicians or paramedics certified under chapter 401; the
  257  names, home addresses, telephone numbers, dates of birth, and
  258  places of employment of the spouses and children of such
  259  emergency medical technicians or paramedics; and the names and
  260  locations of schools and day care facilities attended by the
  261  children of such emergency medical technicians or paramedics are
  262  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  263  Constitution if the emergency medical technicians or paramedics
  264  have made reasonable efforts to protect such information from
  265  being accessible through other means available to the public.
  266  This sub-subparagraph is subject to the Open Government Sunset
  267  Review Act in accordance with s. 119.15 and shall stand repealed
  268  on October 2, 2021, unless reviewed and saved from repeal
  269  through reenactment by the Legislature.
  270         p. The home addresses, telephone numbers, dates of birth,
  271  and photographs of current or former personnel employed in an
  272  agency’s office of inspector general or internal audit
  273  department whose duties include auditing or investigating waste,
  274  fraud, abuse, theft, exploitation, or other activities that
  275  could lead to criminal prosecution or administrative discipline;
  276  the names, home addresses, telephone numbers, dates of birth,
  277  and places of employment of spouses and children of such
  278  personnel; and the names and locations of schools and day care
  279  facilities attended by the children of such personnel are exempt
  280  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  281  if the personnel have made reasonable efforts to protect such
  282  information from being accessible through other means available
  283  to the public. This sub-subparagraph is subject to the Open
  284  Government Sunset Review Act in accordance with s. 119.15 and
  285  shall stand repealed on October 2, 2021, unless reviewed and
  286  saved from repeal through reenactment by the Legislature.
  287         q. The home addresses, telephone numbers, dates of birth,
  288  places of employment, and photographs of current or former
  289  public guardians, as designated under chapter 744; the names,
  290  home addresses, telephone numbers, dates of birth, and places of
  291  employment of the spouses and children of such persons; and the
  292  names and locations of schools and day care facilities attended
  293  by the children of such persons are exempt from s. 119.07(1) and
  294  s. 24(a), Art. I of the State Constitution if the public
  295  guardian provides a written statement that he or she has made
  296  reasonable efforts to protect such information from being
  297  accessible through other means available to the public. This
  298  sub-subparagraph is subject to the Open Government Sunset Review
  299  Act in accordance with s. 119.15 and shall stand repealed on
  300  October 2, 2022, unless reviewed and saved from repeal through
  301  reenactment by the Legislature.
  302         3. An agency that is the custodian of the information
  303  specified in subparagraph 2. and that is not the employer of the
  304  officer, employee, justice, judge, or other person specified in
  305  subparagraph 2. shall maintain the exempt status of that
  306  information only if the officer, employee, justice, judge, other
  307  person, or employing agency of the designated employee submits a
  308  written request for maintenance of the exemption to the
  309  custodial agency.
  310         4. The exemptions in this paragraph apply to information
  311  held by an agency before, on, or after the effective date of the
  312  exemption.
  313         5. Except as otherwise expressly provided in this
  314  paragraph, this paragraph is subject to the Open Government
  315  Sunset Review Act in accordance with s. 119.15, and shall stand
  316  repealed on October 2, 2017, unless reviewed and saved from
  317  repeal through reenactment by the Legislature.
  318         Section 2. (1) The Legislature finds that it is a public
  319  necessity that the following identifying and location
  320  information be exempt from s. 119.07(1), Florida Statutes, and
  321  s. 24(a), Article I of the State Constitution if the public
  322  guardian has made reasonable efforts to protect such information
  323  from being accessible through other means available to the
  324  public:
  325         (a) The home addresses, telephone numbers, dates of birth,
  326  places of employment, and photographs of current or former
  327  public guardians, as designated under chapter 744, Florida
  328  Statutes;
  329         (b) The names, home addresses, telephone numbers, dates of
  330  birth, and places of employment of spouses and children of such
  331  guardians; and
  332         (c) The names and locations of schools and day care
  333  facilities attended by the children of such guardians.
  334         (2) The Legislature finds that the release of such
  335  identifying and location information might place current or
  336  former public guardians and their family members in danger of
  337  physical and emotional harm from disgruntled individuals who may
  338  react inappropriately to actions taken by public guardians.
  339  Public guardians provide a valuable service to the community by
  340  helping some of the state’s most vulnerable residents. Public
  341  guardians help those who lack a willing and qualified family
  342  member or friend and do not have the income or assets to pay a
  343  professional guardian. Despite the value of this service,
  344  however, some persons may become disgruntled with the assistance
  345  provided or the decisions a public guardian makes, which may
  346  result in a guardian or their family members becoming a
  347  potential target for an act of revenge. The risk continues after
  348  a public guardian concludes his or her service because a
  349  disgruntled individual may wait to commit an act of revenge
  350  until the guardian concludes his or her service. The harm that
  351  may result from the release of such personal identifying and
  352  location information outweighs any public benefit that may be
  353  derived from the disclosure of the information.
  354         Section 3. This act shall take effect July 1, 2017.