Bill Text: FL S7004 | 2019 | Regular Session | Introduced


Bill Title: OGSR/Department of Health Personnel

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-03-27 - Laid on Table, companion bill(s) passed, see HB 7009 (Ch. 2019-28), CS/CS/CS/SB 248 (Ch. 2019-12) [S7004 Detail]

Download: Florida-2019-S7004-Introduced.html
       Florida Senate - 2019                                    SB 7004
       
       
        
       By the Committee on Health Policy
       
       
       
       
       
       588-00836-19                                          20197004__
    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., relating
    4         to an exemption from the public records requirements
    5         for personal identifying and location information and
    6         photographs of certain Department of Health personnel;
    7         removing the scheduled repeal of the exemption;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (4) of section
   13  119.071, Florida Statutes, is amended to read:
   14         119.071 General exemptions from inspection or copying of
   15  public records.—
   16         (4) AGENCY PERSONNEL INFORMATION.—
   17         (d)1. For purposes of this paragraph, the term “telephone
   18  numbers” includes home telephone numbers, personal cellular
   19  telephone numbers, personal pager telephone numbers, and
   20  telephone numbers associated with personal communications
   21  devices.
   22         2.a. The home addresses, telephone numbers, dates of birth,
   23  and photographs of active or former sworn or civilian law
   24  enforcement personnel, including correctional and correctional
   25  probation officers, personnel of the Department of Children and
   26  Families whose duties include the investigation of abuse,
   27  neglect, exploitation, fraud, theft, or other criminal
   28  activities, personnel of the Department of Health whose duties
   29  are to support the investigation of child abuse or neglect, and
   30  personnel of the Department of Revenue or local governments
   31  whose responsibilities include revenue collection and
   32  enforcement or child support enforcement; the names, home
   33  addresses, telephone numbers, photographs, dates of birth, and
   34  places of employment of the spouses and children of such
   35  personnel; and the names and locations of schools and day care
   36  facilities attended by the children of such personnel are exempt
   37  from s. 119.07(1) and s. 24(a), Art. I of the State
   38  Constitution. This sub-subparagraph is subject to the Open
   39  Government Sunset Review Act in accordance with s. 119.15 and
   40  shall stand repealed on October 2, 2022, unless reviewed and
   41  saved from repeal through reenactment by the Legislature.
   42         b. The home addresses, telephone numbers, dates of birth,
   43  and photographs of current or former nonsworn investigative
   44  personnel of the Department of Financial Services whose duties
   45  include the investigation of fraud, theft, workers’ compensation
   46  coverage requirements and compliance, other related criminal
   47  activities, or state regulatory requirement violations; the
   48  names, home addresses, telephone numbers, dates of birth, and
   49  places of employment of the spouses and children of such
   50  personnel; and the names and locations of schools and day care
   51  facilities attended by the children of such personnel are exempt
   52  from s. 119.07(1) and s. 24(a), Art. I of the State
   53  Constitution. This sub-subparagraph is subject to the Open
   54  Government Sunset Review Act in accordance with s. 119.15 and
   55  shall stand repealed on October 2, 2021, unless reviewed and
   56  saved from repeal through reenactment by the Legislature.
   57         c. The home addresses, telephone numbers, dates of birth,
   58  and photographs of current or former nonsworn investigative
   59  personnel of the Office of Financial Regulation’s Bureau of
   60  Financial Investigations whose duties include the investigation
   61  of fraud, theft, other related criminal activities, or state
   62  regulatory requirement violations; the names, home addresses,
   63  telephone numbers, dates of birth, and places of employment of
   64  the spouses and children of such personnel; and the names and
   65  locations of schools and day care facilities attended by the
   66  children of such personnel are exempt from s. 119.07(1) and s.
   67  24(a), Art. I of the State Constitution. This sub-subparagraph
   68  is subject to the Open Government Sunset Review Act in
   69  accordance with s. 119.15 and shall stand repealed on October 2,
   70  2022, unless reviewed and saved from repeal through reenactment
   71  by the Legislature.
   72         d. The home addresses, telephone numbers, dates of birth,
   73  and photographs of current or former firefighters certified in
   74  compliance with s. 633.408; the names, home addresses, telephone
   75  numbers, photographs, dates of birth, and places of employment
   76  of the spouses and children of such firefighters; and the names
   77  and locations of schools and day care facilities attended by the
   78  children of such firefighters are exempt from s. 119.07(1) and
   79  s. 24(a), Art. I of the State Constitution. This sub
   80  subparagraph is subject to the Open Government Sunset Review Act
   81  in accordance with s. 119.15, and shall stand repealed on
   82  October 2, 2022, unless reviewed and saved from repeal through
   83  reenactment by the Legislature.
   84         e. The home addresses, dates of birth, and telephone
   85  numbers of current or former justices of the Supreme Court,
   86  district court of appeal judges, circuit court judges, and
   87  county court judges; the names, home addresses, telephone
   88  numbers, dates of birth, and places of employment of the spouses
   89  and children of current or former justices and judges; and the
   90  names and locations of schools and day care facilities attended
   91  by the children of current or former justices and judges are
   92  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   93  Constitution. This sub-subparagraph is subject to the Open
   94  Government Sunset Review Act in accordance with s. 119.15 and
   95  shall stand repealed on October 2, 2022, unless reviewed and
   96  saved from repeal through reenactment by the Legislature.
   97         f. The home addresses, telephone numbers, dates of birth,
   98  and photographs of current or former state attorneys, assistant
   99  state attorneys, statewide prosecutors, or assistant statewide
  100  prosecutors; the names, home addresses, telephone numbers,
  101  photographs, dates of birth, and places of employment of the
  102  spouses and children of current or former state attorneys,
  103  assistant state attorneys, statewide prosecutors, or assistant
  104  statewide prosecutors; and the names and locations of schools
  105  and day care facilities attended by the children of current or
  106  former state attorneys, assistant state attorneys, statewide
  107  prosecutors, or assistant statewide prosecutors are exempt from
  108  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  109         g. The home addresses, dates of birth, and telephone
  110  numbers of general magistrates, special magistrates, judges of
  111  compensation claims, administrative law judges of the Division
  112  of Administrative Hearings, and child support enforcement
  113  hearing officers; the names, home addresses, telephone numbers,
  114  dates of birth, and places of employment of the spouses and
  115  children of general magistrates, special magistrates, judges of
  116  compensation claims, administrative law judges of the Division
  117  of Administrative Hearings, and child support enforcement
  118  hearing officers; and the names and locations of schools and day
  119  care facilities attended by the children of general magistrates,
  120  special magistrates, judges of compensation claims,
  121  administrative law judges of the Division of Administrative
  122  Hearings, and child support enforcement hearing officers are
  123  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  124  Constitution. This sub-subparagraph is subject to the Open
  125  Government Sunset Review Act in accordance with s. 119.15 and
  126  shall stand repealed on October 2, 2022, unless reviewed and
  127  saved from repeal through reenactment by the Legislature.
  128         h. The home addresses, telephone numbers, dates of birth,
  129  and photographs of current or former human resource, labor
  130  relations, or employee relations directors, assistant directors,
  131  managers, or assistant managers of any local government agency
  132  or water management district whose duties include hiring and
  133  firing employees, labor contract negotiation, administration, or
  134  other personnel-related duties; the names, home addresses,
  135  telephone numbers, dates of birth, and places of employment of
  136  the spouses and children of such personnel; and the names and
  137  locations of schools and day care facilities attended by the
  138  children of such personnel are exempt from s. 119.07(1) and s.
  139  24(a), Art. I of the State Constitution.
  140         i. The home addresses, telephone numbers, dates of birth,
  141  and photographs of current or former code enforcement officers;
  142  the names, home addresses, telephone numbers, dates of birth,
  143  and places of employment of the spouses and children of such
  144  personnel; and the names and locations of schools and day care
  145  facilities attended by the children of such personnel are exempt
  146  from s. 119.07(1) and s. 24(a), Art. I of the State
  147  Constitution.
  148         j. The home addresses, telephone numbers, places of
  149  employment, dates of birth, and photographs of current or former
  150  guardians ad litem, as defined in s. 39.820; the names, home
  151  addresses, telephone numbers, dates of birth, and places of
  152  employment of the spouses and children of such persons; and the
  153  names and locations of schools and day care facilities attended
  154  by the children of such persons are exempt from s. 119.07(1) and
  155  s. 24(a), Art. I of the State Constitution. This sub
  156  subparagraph is subject to the Open Government Sunset Review Act
  157  in accordance with s. 119.15 and shall stand repealed on October
  158  2, 2022, unless reviewed and saved from repeal through
  159  reenactment by the Legislature.
  160         k. The home addresses, telephone numbers, dates of birth,
  161  and photographs of current or former juvenile probation
  162  officers, juvenile probation supervisors, detention
  163  superintendents, assistant detention superintendents, juvenile
  164  justice detention officers I and II, juvenile justice detention
  165  officer supervisors, juvenile justice residential officers,
  166  juvenile justice residential officer supervisors I and II,
  167  juvenile justice counselors, juvenile justice counselor
  168  supervisors, human services counselor administrators, senior
  169  human services counselor administrators, rehabilitation
  170  therapists, and social services counselors of the Department of
  171  Juvenile Justice; the names, home addresses, telephone numbers,
  172  dates of birth, and places of employment of spouses and children
  173  of such personnel; and the names and locations of schools and
  174  day care facilities attended by the children of such personnel
  175  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  176  Constitution.
  177         l. The home addresses, telephone numbers, dates of birth,
  178  and photographs of current or former public defenders, assistant
  179  public defenders, criminal conflict and civil regional counsel,
  180  and assistant criminal conflict and civil regional counsel; the
  181  names, home addresses, telephone numbers, dates of birth, and
  182  places of employment of the spouses and children of current or
  183  former public defenders, assistant public defenders, criminal
  184  conflict and civil regional counsel, and assistant criminal
  185  conflict and civil regional counsel; and the names and locations
  186  of schools and day care facilities attended by the children of
  187  current or former public defenders, assistant public defenders,
  188  criminal conflict and civil regional counsel, and assistant
  189  criminal conflict and civil regional counsel are exempt from s.
  190  119.07(1) and s. 24(a), Art. I of the State Constitution.
  191         m. The home addresses, telephone numbers, dates of birth,
  192  and photographs of current or former investigators or inspectors
  193  of the Department of Business and Professional Regulation; the
  194  names, home addresses, telephone numbers, dates of birth, and
  195  places of employment of the spouses and children of such current
  196  or former investigators and inspectors; and the names and
  197  locations of schools and day care facilities attended by the
  198  children of such current or former investigators and inspectors
  199  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  200  Constitution. This sub-subparagraph is subject to the Open
  201  Government Sunset Review Act in accordance with s. 119.15 and
  202  shall stand repealed on October 2, 2022, unless reviewed and
  203  saved from repeal through reenactment by the Legislature.
  204         n. The home addresses, telephone numbers, and dates of
  205  birth of county tax collectors; the names, home addresses,
  206  telephone numbers, dates of birth, and places of employment of
  207  the spouses and children of such tax collectors; and the names
  208  and locations of schools and day care facilities attended by the
  209  children of such tax collectors are exempt from s. 119.07(1) and
  210  s. 24(a), Art. I of the State Constitution. This sub
  211  subparagraph is subject to the Open Government Sunset Review Act
  212  in accordance with s. 119.15 and shall stand repealed on October
  213  2, 2022, unless reviewed and saved from repeal through
  214  reenactment by the Legislature.
  215         o. The home addresses, telephone numbers, dates of birth,
  216  and photographs of current or former personnel of the Department
  217  of Health whose duties include, or result in, the determination
  218  or adjudication of eligibility for social security disability
  219  benefits, the investigation or prosecution of complaints filed
  220  against health care practitioners, or the inspection of health
  221  care practitioners or health care facilities licensed by the
  222  Department of Health; the names, home addresses, telephone
  223  numbers, dates of birth, and places of employment of the spouses
  224  and children of such personnel; and the names and locations of
  225  schools and day care facilities attended by the children of such
  226  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  227  the State Constitution. This sub-subparagraph is subject to the
  228  Open Government Sunset Review Act in accordance with s. 119.15
  229  and shall stand repealed on October 2, 2019, unless reviewed and
  230  saved from repeal through reenactment by the Legislature.
  231         p. The home addresses, telephone numbers, dates of birth,
  232  and photographs of current or former impaired practitioner
  233  consultants who are retained by an agency or current or former
  234  employees of an impaired practitioner consultant whose duties
  235  result in a determination of a person’s skill and safety to
  236  practice a licensed profession; the names, home addresses,
  237  telephone numbers, dates of birth, and places of employment of
  238  the spouses and children of such consultants or their employees;
  239  and the names and locations of schools and day care facilities
  240  attended by the children of such consultants or employees are
  241  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  242  Constitution. This sub-subparagraph is subject to the Open
  243  Government Sunset Review Act in accordance with s. 119.15 and
  244  shall stand repealed on October 2, 2020, unless reviewed and
  245  saved from repeal through reenactment by the Legislature.
  246         q. The home addresses, telephone numbers, dates of birth,
  247  and photographs of current or former emergency medical
  248  technicians or paramedics certified under chapter 401; the
  249  names, home addresses, telephone numbers, dates of birth, and
  250  places of employment of the spouses and children of such
  251  emergency medical technicians or paramedics; and the names and
  252  locations of schools and day care facilities attended by the
  253  children of such emergency medical technicians or paramedics are
  254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  255  Constitution. This sub-subparagraph is subject to the Open
  256  Government Sunset Review Act in accordance with s. 119.15 and
  257  shall stand repealed on October 2, 2021, unless reviewed and
  258  saved from repeal through reenactment by the Legislature.
  259         r. The home addresses, telephone numbers, dates of birth,
  260  and photographs of current or former personnel employed in an
  261  agency’s office of inspector general or internal audit
  262  department whose duties include auditing or investigating waste,
  263  fraud, abuse, theft, exploitation, or other activities that
  264  could lead to criminal prosecution or administrative discipline;
  265  the names, home addresses, telephone numbers, dates of birth,
  266  and places of employment of spouses and children of such
  267  personnel; and the names and locations of schools and day care
  268  facilities attended by the children of such personnel are exempt
  269  from s. 119.07(1) and s. 24(a), Art. I of the State
  270  Constitution. This sub-subparagraph is subject to the Open
  271  Government Sunset Review Act in accordance with s. 119.15 and
  272  shall stand repealed on October 2, 2021, unless reviewed and
  273  saved from repeal through reenactment by the Legislature.
  274         s. The home addresses, telephone numbers, dates of birth,
  275  and photographs of current or former directors, managers,
  276  supervisors, nurses, and clinical employees of an addiction
  277  treatment facility; the home addresses, telephone numbers,
  278  photographs, dates of birth, and places of employment of the
  279  spouses and children of such personnel; and the names and
  280  locations of schools and day care facilities attended by the
  281  children of such personnel are exempt from s. 119.07(1) and s.
  282  24(a), Art. I of the State Constitution. For purposes of this
  283  sub-subparagraph, the term “addiction treatment facility” means
  284  a county government, or agency thereof, that is licensed
  285  pursuant to s. 397.401 and provides substance abuse prevention,
  286  intervention, or clinical treatment, including any licensed
  287  service component described in s. 397.311(26). This sub
  288  subparagraph is subject to the Open Government Sunset Review Act
  289  in accordance with s. 119.15 and shall stand repealed on October
  290  2, 2023, unless reviewed and saved from repeal through
  291  reenactment by the Legislature.
  292         t. The home addresses, telephone numbers, dates of birth,
  293  and photographs of current or former directors, managers,
  294  supervisors, and clinical employees of a child advocacy center
  295  that meets the standards of s. 39.3035(1) and fulfills the
  296  screening requirement of s. 39.3035(2), and the members of a
  297  child protection team as described in s. 39.303 whose duties
  298  include supporting the investigation of child abuse or sexual
  299  abuse, child abandonment, child neglect, and child exploitation
  300  or to provide services as part of a multidisciplinary case
  301  review team; the names, home addresses, telephone numbers,
  302  photographs, dates of birth, and places of employment of the
  303  spouses and children of such personnel and members; and the
  304  names and locations of schools and day care facilities attended
  305  by the children of such personnel and members are exempt from s.
  306  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  307  sub-subparagraph is subject to the Open Government Sunset Review
  308  Act in accordance with s. 119.15 and shall stand repealed on
  309  October 2, 2023, unless reviewed and saved from repeal through
  310  reenactment by the Legislature.
  311         3. An agency that is the custodian of the information
  312  specified in subparagraph 2. and that is not the employer of the
  313  officer, employee, justice, judge, or other person specified in
  314  subparagraph 2. shall maintain the exempt status of that
  315  information only if the officer, employee, justice, judge, other
  316  person, or employing agency of the designated employee submits a
  317  written request for maintenance of the exemption to the
  318  custodial agency.
  319         4. The exemptions in this paragraph apply to information
  320  held by an agency before, on, or after the effective date of the
  321  exemption.
  322         Section 2. This act shall take effect October 1, 2019.

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