Bill Text: FL S1324 | 2015 | Regular Session | Comm Sub
Bill Title: Public Records/Agency Personnel Information
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1324 Detail]
Download: Florida-2015-S1324-Comm_Sub.html
Florida Senate - 2015 CS for CS for CS for SB 1324
By the Committees on Rules; Governmental Oversight and
Accountability; and Criminal Justice; and Senator Latvala
595-04162-15 20151324c3
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing exemptions from public
4 records requirements for certain information related
5 to active or former sworn or civilian law enforcement
6 personnel and specified agency personnel,
7 commissioners of the Florida Commission on Offender
8 Review and specified commission personnel, current and
9 former state attorneys, assistant state attorneys,
10 statewide prosecutors, assistant statewide
11 prosecutors, public defenders, assistant public
12 defenders, criminal conflict and civil regional
13 counsel, assistant criminal conflict and civil
14 regional counsel, capital collateral regional counsel,
15 and assistant capital collateral regional counsel and
16 their spouses, children, parents, siblings, or
17 cohabitants; providing for retroactive application;
18 providing for future legislative review and repeal of
19 the exemptions; providing a statement of public
20 necessity; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (d) of subsection (4) of section
25 119.071, Florida Statutes, is amended to read:
26 119.071 General exemptions from inspection or copying of
27 public records.—
28 (4) AGENCY PERSONNEL INFORMATION.—
29 (d)1. For purposes of this paragraph, the term “telephone
30 numbers” includes home telephone numbers, personal cellular
31 telephone numbers, personal pager telephone numbers, and
32 telephone numbers associated with personal communications
33 devices.
34 2.a.(I) The home addresses, telephone numbers, social
35 security numbers, dates of birth, and photographs of active or
36 former sworn or civilian law enforcement personnel, including
37 correctional and correctional probation officers;, personnel of
38 the Department of Children and Families whose duties include the
39 investigation of abuse, neglect, exploitation, fraud, theft, or
40 other criminal activities;, personnel of the Department of
41 Health whose duties are to support the investigation of child
42 abuse or neglect;, and personnel of the Department of Revenue or
43 local governments whose responsibilities include revenue
44 collection and enforcement or child support enforcement; and
45 commissioners of the Florida Commission on Offender Review, and
46 the personnel of the commission whose duties include making
47 final decisions on holding a hearing for, or investigating
48 violations of, post-incarceration supervised release; the home
49 addresses, telephone numbers, social security numbers,
50 photographs, dates of birth, and places of employment of the
51 spouses and children of such personnel; and the names and
52 locations of schools and day care facilities attended by the
53 children of such personnel are exempt from s. 119.07(1) and s.
54 24(a), Art. I of the State Constitution. This sub-sub
55 subparagraph is subject to the Open Government Sunset Review Act
56 in accordance with s. 119.15 and shall stand repealed on October
57 2, 2020, unless reviewed and saved from repeal through
58 reenactment by the Legislature.
59 (II) The names of the spouses and children of active or
60 former sworn or civilian law enforcement personnel and the other
61 specified agency personnel identified in sub-sub-subparagraph
62 (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
63 State Constitution.
64 (III) This sub-sub-subparagraph (II) is subject to the Open
65 Government Sunset Review Act in accordance with s. 119.15, and
66 shall stand repealed on October 2, 2018, unless reviewed and
67 saved from repeal through reenactment by the Legislature.
68 (III) Residential addresses, personal e-mail addresses,
69 license plate numbers, and banking and financial information of
70 active or former sworn or civilian law enforcement personnel and
71 the other specified agency personnel identified in sub-sub
72 subparagraph (I) and the home addresses, telephone numbers,
73 photographs, dates of birth, and places of employment of the
74 parents, siblings, and cohabitants of active or former sworn or
75 civilian law enforcement personnel and the other specified
76 agency personnel identified in sub-sub-subparagraph (I) are
77 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
78 Constitution. The exemptions in this sub-sub-subparagraph apply
79 to information held by an agency before, on, or after the
80 effective date of the exemption. This sub-sub-subparagraph is
81 subject to the Open Government Sunset Review Act in accordance
82 with s. 119.15 and shall stand repealed on October 2, 2020,
83 unless reviewed and saved from repeal through reenactment by the
84 Legislature.
85 b. The home addresses, telephone numbers, dates of birth,
86 and photographs of firefighters certified in compliance with s.
87 633.408; the home addresses, telephone numbers, photographs,
88 dates of birth, and places of employment of the spouses and
89 children of such firefighters; and the names and locations of
90 schools and day care facilities attended by the children of such
91 firefighters are exempt from s. 119.07(1).
92 c. The home addresses, dates of birth, and telephone
93 numbers of current or former justices of the Supreme Court,
94 district court of appeal judges, circuit court judges, and
95 county court judges; the home addresses, telephone numbers,
96 dates of birth, and places of employment of the spouses and
97 children of current or former justices and judges; and the names
98 and locations of schools and day care facilities attended by the
99 children of current or former justices and judges are exempt
100 from s. 119.07(1).
101 d.(I) The home addresses, telephone numbers, social
102 security numbers, dates of birth, and photographs of current or
103 former state attorneys, assistant state attorneys, statewide
104 prosecutors, or assistant statewide prosecutors; the home
105 addresses, telephone numbers, social security numbers,
106 photographs, dates of birth, and places of employment of the
107 spouses and children of current or former state attorneys,
108 assistant state attorneys, statewide prosecutors, or assistant
109 statewide prosecutors; and the names and locations of schools
110 and day care facilities attended by the children of current or
111 former state attorneys, assistant state attorneys, statewide
112 prosecutors, or assistant statewide prosecutors are exempt from
113 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
114 (II) The names of the spouses and children of current or
115 former state attorneys, assistant state attorneys, statewide
116 prosecutors, or assistant statewide prosecutors are exempt from
117 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
118 (III) Sub-sub-subparagraph (II) is subject to the Open
119 Government Sunset Review Act in accordance with s. 119.15, and
120 shall stand repealed on October 2, 2018, unless reviewed and
121 saved from repeal through reenactment by the Legislature.
122 (IV) Residential addresses, personal e-mail addresses,
123 license plate numbers, and banking and financial information of
124 current or former state attorneys, assistant state attorneys,
125 statewide prosecutors, or assistant statewide prosecutors and
126 the home addresses, telephone numbers, photographs, dates of
127 birth, and places of employment of the parents, siblings, and
128 cohabitants of current or former state attorneys, assistant
129 state attorneys, statewide prosecutors, or assistant statewide
130 prosecutors are exempt from s. 119.07(1) and s. 24(a), Art. I of
131 the State Constitution. The exemptions in this sub-sub
132 subparagraph apply to information held by an agency before, on,
133 or after the effective date of the exemption. This sub-sub
134 subparagraph is subject to the Open Government Sunset Review Act
135 in accordance with s. 119.15 and shall stand repealed on October
136 2, 2020, unless reviewed and saved from repeal through
137 reenactment by the Legislature.
138 e. The home addresses, dates of birth, and telephone
139 numbers of general magistrates, special magistrates, judges of
140 compensation claims, administrative law judges of the Division
141 of Administrative Hearings, and child support enforcement
142 hearing officers; the home addresses, telephone numbers, dates
143 of birth, and places of employment of the spouses and children
144 of general magistrates, special magistrates, judges of
145 compensation claims, administrative law judges of the Division
146 of Administrative Hearings, and child support enforcement
147 hearing officers; and the names and locations of schools and day
148 care facilities attended by the children of general magistrates,
149 special magistrates, judges of compensation claims,
150 administrative law judges of the Division of Administrative
151 Hearings, and child support enforcement hearing officers are
152 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
153 Constitution if the general magistrate, special magistrate,
154 judge of compensation claims, administrative law judge of the
155 Division of Administrative Hearings, or child support hearing
156 officer provides a written statement that the general
157 magistrate, special magistrate, judge of compensation claims,
158 administrative law judge of the Division of Administrative
159 Hearings, or child support hearing officer has made reasonable
160 efforts to protect such information from being accessible
161 through other means available to the public.
162 f. The home addresses, telephone numbers, dates of birth,
163 and photographs of current or former human resource, labor
164 relations, or employee relations directors, assistant directors,
165 managers, or assistant managers of any local government agency
166 or water management district whose duties include hiring and
167 firing employees, labor contract negotiation, administration, or
168 other personnel-related duties; the names, home addresses,
169 telephone numbers, dates of birth, and places of employment of
170 the spouses and children of such personnel; and the names and
171 locations of schools and day care facilities attended by the
172 children of such personnel are exempt from s. 119.07(1) and s.
173 24(a), Art. I of the State Constitution.
174 g. The home addresses, telephone numbers, dates of birth,
175 and photographs of current or former code enforcement officers;
176 the names, home addresses, telephone numbers, dates of birth,
177 and places of employment of the spouses and children of such
178 personnel; and the names and locations of schools and day care
179 facilities attended by the children of such personnel are exempt
180 from s. 119.07(1) and s. 24(a), Art. I of the State
181 Constitution.
182 h. The home addresses, telephone numbers, places of
183 employment, dates of birth, and photographs of current or former
184 guardians ad litem, as defined in s. 39.820; the names, home
185 addresses, telephone numbers, dates of birth, and places of
186 employment of the spouses and children of such persons; and the
187 names and locations of schools and day care facilities attended
188 by the children of such persons are exempt from s. 119.07(1) and
189 s. 24(a), Art. I of the State Constitution, if the guardian ad
190 litem provides a written statement that the guardian ad litem
191 has made reasonable efforts to protect such information from
192 being accessible through other means available to the public.
193 i. The home addresses, telephone numbers, dates of birth,
194 and photographs of current or former juvenile probation
195 officers, juvenile probation supervisors, detention
196 superintendents, assistant detention superintendents, juvenile
197 justice detention officers I and II, juvenile justice detention
198 officer supervisors, juvenile justice residential officers,
199 juvenile justice residential officer supervisors I and II,
200 juvenile justice counselors, juvenile justice counselor
201 supervisors, human services counselor administrators, senior
202 human services counselor administrators, rehabilitation
203 therapists, and social services counselors of the Department of
204 Juvenile Justice; the names, home addresses, telephone numbers,
205 dates of birth, and places of employment of spouses and children
206 of such personnel; and the names and locations of schools and
207 day care facilities attended by the children of such personnel
208 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
209 Constitution.
210 j.(I) The home addresses, telephone numbers, dates of
211 birth, and photographs of current or former public defenders,
212 assistant public defenders, criminal conflict and civil regional
213 counsel, and assistant criminal conflict and civil regional
214 counsel, capital collateral regional counsel, and assistant
215 capital collateral regional counsel; the home addresses,
216 telephone numbers, dates of birth, and places of employment of
217 the spouses and children of such defenders or counsel; and the
218 names and locations of schools and day care facilities attended
219 by the children of such defenders or counsel are exempt from s.
220 119.07(1) and s. 24(a), Art. I of the State Constitution. This
221 sub-sub-subparagraph is subject to the Open Government Sunset
222 Review Act in accordance with s. 119.15 and shall stand repealed
223 on October 2, 2020, unless reviewed and saved from repeal
224 through reenactment by the Legislature.
225 (II) The names of the spouses and children of the specified
226 agency personnel identified in sub-sub-subparagraph (I) are
227 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
228 Constitution. This sub-sub-subparagraph is subject to the Open
229 Government Sunset Review Act in accordance with s. 119.15 and
230 shall stand repealed on October 2, 2019, unless reviewed and
231 saved from repeal through reenactment by the Legislature.
232 (III) Residential addresses, personal e-mail addresses,
233 license plate numbers, and banking and financial information of
234 current or former public defenders, assistant public defenders,
235 criminal conflict and civil regional counsel, assistant criminal
236 conflict and civil regional counsel, capital collateral regional
237 counsel, and assistant capital collateral regional counsel, and
238 the home addresses, telephone numbers, photographs, dates of
239 birth, and places of employment of the parents, siblings, and
240 cohabitants of current or former public defenders, assistant
241 public defenders, criminal conflict and civil regional counsel,
242 assistant criminal conflict and civil regional counsel, capital
243 collateral regional counsel, and assistant capital collateral
244 regional counsel are exempt from s. 119.07(1) and s. 24(a), Art.
245 I of the State Constitution. The exemptions in this sub-sub
246 subparagraph apply to information held by an agency before, on,
247 or after the effective date of the exemption. This sub-sub
248 subparagraph is subject to the Open Government Sunset Review Act
249 in accordance with s. 119.15 and shall stand repealed on October
250 2, 2020, unless reviewed and saved from repeal through
251 reenactment by the Legislature.
252 k. The home addresses, telephone numbers, and photographs
253 of current or former investigators or inspectors of the
254 Department of Business and Professional Regulation; the names,
255 home addresses, telephone numbers, and places of employment of
256 the spouses and children of such current or former investigators
257 and inspectors; and the names and locations of schools and day
258 care facilities attended by the children of such current or
259 former investigators and inspectors are exempt from s. 119.07(1)
260 and s. 24(a), Art. I of the State Constitution if the
261 investigator or inspector has made reasonable efforts to protect
262 such information from being accessible through other means
263 available to the public. This sub-subparagraph is subject to the
264 Open Government Sunset Review Act in accordance with s. 119.15
265 and shall stand repealed on October 2, 2017, unless reviewed and
266 saved from repeal through reenactment by the Legislature.
267 l. The home addresses and telephone numbers of county tax
268 collectors; the names, home addresses, telephone numbers, and
269 places of employment of the spouses and children of such tax
270 collectors; and the names and locations of schools and day care
271 facilities attended by the children of such tax collectors are
272 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
273 Constitution if the county tax collector has made reasonable
274 efforts to protect such information from being accessible
275 through other means available to the public. This sub
276 subparagraph is subject to the Open Government Sunset Review Act
277 in accordance with s. 119.15 and shall stand repealed on October
278 2, 2017, unless reviewed and saved from repeal through
279 reenactment by the Legislature.
280 m. The home addresses, telephone numbers, dates of birth,
281 and photographs of current or former personnel of the Department
282 of Health whose duties include, or result in, the determination
283 or adjudication of eligibility for social security disability
284 benefits, the investigation or prosecution of complaints filed
285 against health care practitioners, or the inspection of health
286 care practitioners or health care facilities licensed by the
287 Department of Health; the names, home addresses, telephone
288 numbers, dates of birth, and places of employment of the spouses
289 and children of such personnel; and the names and locations of
290 schools and day care facilities attended by the children of such
291 personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
292 the State Constitution if the personnel have made reasonable
293 efforts to protect such information from being accessible
294 through other means available to the public. This sub
295 subparagraph is subject to the Open Government Sunset Review Act
296 in accordance with s. 119.15 and shall stand repealed on October
297 2, 2019, unless reviewed and saved from repeal through
298 reenactment by the Legislature.
299 3. An agency that is the custodian of the information
300 specified in subparagraph 2. and that is not the employer of the
301 officer, employee, justice, judge, or other person specified in
302 subparagraph 2. shall maintain the exempt status of that
303 information only if the officer, employee, justice, judge, other
304 person, or employing agency of the designated employee submits a
305 written request for maintenance of the exemption to the
306 custodial agency.
307 4. The exemptions in this paragraph apply to information
308 held by an agency before, on, or after the effective date of the
309 exemption.
310 5. Except as otherwise expressly provided in this
311 paragraph, this paragraph is subject to the Open Government
312 Sunset Review Act in accordance with s. 119.15, and shall stand
313 repealed on October 2, 2017, unless reviewed and saved from
314 repeal through reenactment by the Legislature.
315 Section 2. (1) The Legislature finds that it is a public
316 necessity that the home addresses, telephone numbers, dates of
317 birth, and photographs of commissioners of the Florida
318 Commission on Offender Review, and the personnel of the
319 commission whose duties include making final decisions on
320 holding a hearing for, or investigating violations of, post
321 incarceration supervised release, and current or former capital
322 collateral regional counsel and assistant capital collateral
323 regional counsel; the home addresses, telephone numbers, dates
324 of birth, and places of employment of the spouses and children
325 of such personnel and counsel; and the names and locations of
326 schools and day care facilities attended by the children of such
327 personnel and counsel be exempt from s. 119.07(1), Florida
328 Statutes, and s. 24(a), Article I of the State Constitution.
329 Further, the Legislature also finds that it is a public
330 necessity that the names of the spouses and children of
331 commissioners of the Florida Commission on Offender Review, and
332 the personnel of the commission whose duties include making
333 final decisions on holding a hearing for, or investigating
334 violations of, post-incarceration supervised release, and
335 current or former capital collateral regional counsel and
336 assistant capital collateral regional counsel be exempt from s.
337 119.07(1), Florida Statutes, and s. 24(a), Article I of the
338 State Constitution. The Legislature finds that commissioners of
339 the Florida Commission on Offender Review, and the personnel of
340 the commission whose duties include making final decisions on
341 holding a hearing for, or investigating violations of, post
342 incarceration supervised release, and current or former capital
343 collateral regional counsel and assistant capital collateral
344 regional counsel and their families are entitled to the same
345 protections that are afforded to active or former sworn or civil
346 law enforcement personnel and other agency personnel identified
347 in s. 119.071(4)(d)2.a.(I), Florida Statutes, public defenders,
348 assistant public defenders, criminal conflict and civil regional
349 counsel, assistant criminal conflict and civil regional counsel,
350 and their families. The public disclosure of identification and
351 location information and the names of the spouses and children
352 of commissioners of the Florida Commission on Offender Review,
353 and the personnel of the commission whose duties include making
354 final decisions on holding a hearing for, or investigating
355 violations of, post-incarceration supervised release and current
356 or former capital collateral regional counsel and assistant
357 capital collateral regional counsel places such personnel and
358 counsel and their families in danger of physical and emotional
359 harm from disgruntled individuals who have contentious reactions
360 to actions carried out through the commission’s or counsel’s
361 official duties.
362 (2) The Legislature also finds that it is a public
363 necessity that the residential addresses, personal e-mail
364 addresses, license plate numbers, and banking and financial
365 information of active or former sworn or civilian law
366 enforcement personnel, including correctional and correctional
367 probation officers, personnel of the Department of Children and
368 Families whose duties include the investigation of abuse,
369 neglect, exploitation, fraud, theft, or other criminal
370 activities, personnel of the Department of Health whose duties
371 are to support the investigation of child abuse or neglect,
372 personnel of the Department of Revenue or local governments
373 whose responsibilities include revenue collection and
374 enforcement or child support enforcement, commissioners of the
375 Florida Commission on Offender Review, and the personnel of the
376 commission whose duties include making final decisions on
377 holding a hearing for, or investigating violations of, post
378 incarceration supervised release, current or former state
379 attorneys, assistant state attorneys, statewide prosecutors,
380 assistant statewide prosecutors, public defenders, assistant
381 public defenders, criminal conflict and civil regional counsel,
382 assistant criminal conflict and civil regional counsel, capital
383 collateral regional counsel, and assistant capital collateral
384 regional counsel be made exempt from s. 119.07(1), Florida
385 Statutes, and s. 24(a), Article I of the State Constitution. The
386 Legislature further finds that it is a public necessity that the
387 home addresses, telephone numbers, photographs, dates of birth,
388 and places of employment of the parents, siblings, and
389 cohabitants of such persons be made exempt from s. 119.07(1),
390 Florida Statutes, and s. 24(a), Article I of the State
391 Constitution. The Legislature finds that the release of such
392 identifying and location information places the person, or a
393 parent, sibling, or cohabitant of the person, in danger of being
394 physically and emotionally harmed or being stalked by a
395 defendant or other person. The Legislature finds that the harm
396 that may result from the release of such identifying and
397 location information outweighs any public benefit that may be
398 derived from the disclosure of the information.
399 Section 3. This act shall take effect July 1, 2015.
