September 30, 2020
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       Florida Senate - 2010                                     SB 312
       
       
       
       By Senator Jones
       
       
       
       
       13-00415-10                                            2010312__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating a public-records exemption for
    4         specified personal information of current and former
    5         public defenders and criminal conflict and civil
    6         regional counsel, as well as their spouses and
    7         children; providing for future legislative review
    8         repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (d) of subsection (4) of section
   15  119.071, Florida Statutes, is amended to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (4) AGENCY PERSONNEL INFORMATION.—
   19         (d)1.a. The home addresses, telephone numbers, social
   20  security numbers, and photographs of active or former law
   21  enforcement personnel, including correctional and correctional
   22  probation officers, personnel of the Department of Children and
   23  Family Services whose duties include the investigation of abuse,
   24  neglect, exploitation, fraud, theft, or other criminal
   25  activities, personnel of the Department of Health whose duties
   26  are to support the investigation of child abuse or neglect, and
   27  personnel of the Department of Revenue or local governments
   28  whose responsibilities include revenue collection and
   29  enforcement or child support enforcement; the home addresses,
   30  telephone numbers, social security numbers, photographs, and
   31  places of employment of the spouses and children of such
   32  personnel; and the names and locations of schools and day care
   33  facilities attended by the children of such personnel are exempt
   34  from s. 119.07(1).
   35         b. The home addresses, telephone numbers, and photographs
   36  of firefighters certified in compliance with s. 633.35; the home
   37  addresses, telephone numbers, photographs, and places of
   38  employment of the spouses and children of such firefighters; and
   39  the names and locations of schools and day care facilities
   40  attended by the children of such firefighters are exempt from s.
   41  119.07(1).
   42         c. The home addresses and telephone numbers of justices of
   43  the Supreme Court, district court of appeal judges, circuit
   44  court judges, and county court judges; the home addresses,
   45  telephone numbers, and places of employment of the spouses and
   46  children of justices and judges; and the names and locations of
   47  schools and day care facilities attended by the children of
   48  justices and judges are exempt from s. 119.07(1).
   49         d. The home addresses, telephone numbers, social security
   50  numbers, and photographs of current or former state attorneys,
   51  assistant state attorneys, statewide prosecutors, or assistant
   52  statewide prosecutors; the home addresses, telephone numbers,
   53  social security numbers, photographs, and places of employment
   54  of the spouses and children of current or former state
   55  attorneys, assistant state attorneys, statewide prosecutors, or
   56  assistant statewide prosecutors; and the names and locations of
   57  schools and day care facilities attended by the children of
   58  current or former state attorneys, assistant state attorneys,
   59  statewide prosecutors, or assistant statewide prosecutors are
   60  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution.
   62         e. The home addresses and telephone numbers of general
   63  magistrates, special magistrates, judges of compensation claims,
   64  administrative law judges of the Division of Administrative
   65  Hearings, and child support enforcement hearing officers; the
   66  home addresses, telephone numbers, and places of employment of
   67  the spouses and children of general magistrates, special
   68  magistrates, judges of compensation claims, administrative law
   69  judges of the Division of Administrative Hearings, and child
   70  support enforcement hearing officers; and the names and
   71  locations of schools and day care facilities attended by the
   72  children of general magistrates, special magistrates, judges of
   73  compensation claims, administrative law judges of the Division
   74  of Administrative Hearings, and child support enforcement
   75  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   76  I of the State Constitution if the general magistrate, special
   77  magistrate, judge of compensation claims, administrative law
   78  judge of the Division of Administrative Hearings, or child
   79  support hearing officer provides a written statement that the
   80  general magistrate, special magistrate, judge of compensation
   81  claims, administrative law judge of the Division of
   82  Administrative Hearings, or child support hearing officer has
   83  made reasonable efforts to protect such information from being
   84  accessible through other means available to the public. This
   85  sub-subparagraph is subject to the Open Government Sunset Review
   86  Act in accordance with s. 119.15, and shall stand repealed on
   87  October 2, 2013, unless reviewed and saved from repeal through
   88  reenactment by the Legislature.
   89         f. The home addresses, telephone numbers, and photographs
   90  of current or former human resource, labor relations, or
   91  employee relations directors, assistant directors, managers, or
   92  assistant managers of any local government agency or water
   93  management district whose duties include hiring and firing
   94  employees, labor contract negotiation, administration, or other
   95  personnel-related duties; the names, home addresses, telephone
   96  numbers, and places of employment of the spouses and children of
   97  such personnel; and the names and locations of schools and day
   98  care facilities attended by the children of such personnel are
   99  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  100  Constitution.
  101         g. The home addresses, telephone numbers, and photographs
  102  of current or former code enforcement officers; the names, home
  103  addresses, telephone numbers, and places of employment of the
  104  spouses and children of such personnel; and the names and
  105  locations of schools and day care facilities attended by the
  106  children of such personnel are exempt from s. 119.07(1) and s.
  107  24(a), Art. I of the State Constitution.
  108         h. The home addresses, telephone numbers, places of
  109  employment, and photographs of current or former guardians ad
  110  litem, as defined in s. 39.820, and the names, home addresses,
  111  telephone numbers, and places of employment of the spouses and
  112  children of such persons, are exempt from s. 119.07(1) and s.
  113  24(a), Art. I of the State Constitution, if the guardian ad
  114  litem provides a written statement that the guardian ad litem
  115  has made reasonable efforts to protect such information from
  116  being accessible through other means available to the public.
  117  This sub-subparagraph is subject to the Open Government Sunset
  118  Review Act in accordance with s. 119.15 and shall stand repealed
  119  on October 2, 2010, unless reviewed and saved from repeal
  120  through reenactment by the Legislature.
  121         i. The home addresses, telephone numbers, and photographs
  122  of current or former juvenile probation officers, juvenile
  123  probation supervisors, detention superintendents, assistant
  124  detention superintendents, senior juvenile detention officers,
  125  juvenile detention officer supervisors, juvenile detention
  126  officers, house parents I and II, house parent supervisors,
  127  group treatment leaders, group treatment leader supervisors,
  128  rehabilitation therapists, and social services counselors of the
  129  Department of Juvenile Justice; the names, home addresses,
  130  telephone numbers, and places of employment of spouses and
  131  children of such personnel; and the names and locations of
  132  schools and day care facilities attended by the children of such
  133  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  134  the State Constitution. This sub-subparagraph is subject to the
  135  Open Government Sunset Review Act in accordance with s. 119.15
  136  and shall stand repealed on October 2, 2011, unless reviewed and
  137  saved from repeal through reenactment by the Legislature.
  138         j. The home addresses, telephone numbers, and photographs
  139  of current or former public defenders, assistant public
  140  defenders, criminal conflict and civil regional counsel, and
  141  assistant criminal conflict and civil regional counsel; the home
  142  addresses, telephone numbers, social security numbers,
  143  photographs, and places of employment of the spouses and
  144  children of current or former public defenders, assistant public
  145  defenders, criminal conflict and civil regional counsel, and
  146  assistant criminal conflict and civil regional counsel; and the
  147  names and locations of schools and day care facilities attended
  148  by the children of current or former public defenders, assistant
  149  public defenders, criminal conflict and civil regional counsel,
  150  and assistant criminal conflict and civil regional counsel are
  151  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  152  Constitution. This sub-subparagraph is subject to the Open
  153  Government Sunset Review Act in accordance with s. 119.15 and
  154  shall stand repealed on October 2, 2015, unless reviewed and
  155  saved from repeal through reenactment by the Legislature.
  156         2. An agency that is the custodian of the information
  157  specified in subparagraph 1. and that is not the employer of the
  158  officer, employee, justice, judge, or other person specified in
  159  subparagraph 1. shall maintain the exempt status of that
  160  information only if the officer, employee, justice, judge, other
  161  person, or employing agency of the designated employee submits a
  162  written request for maintenance of the exemption to the
  163  custodial agency.
  164         Section 2. The Legislature finds that it is a public
  165  necessity to exempt specified personal information relating to
  166  current and former public defenders, assistant public defenders,
  167  criminal conflict and civil regional counsel, and assistant
  168  criminal conflict and civil regional counsel, as well as their
  169  spouses and children, from disclosure under the public-records
  170  laws of the state. In the course of representing defendants in
  171  criminal prosecutions, these attorneys routinely interact with
  172  individuals who have criminal records or are currently engaged
  173  in, or suspected of, criminal activity. These attorneys also
  174  interact with the victims of crimes. In addition, criminal
  175  conflict and civil regional counsel and their assistants also
  176  provide representation in sensitive civil matters, such as those
  177  in which a person’s parental rights may be terminated based on
  178  allegations of perpetrating abuse and neglect against a child.
  179  By providing legal representation in criminal and civil matters,
  180  these attorneys provide a valuable service. However, individuals
  181  may become disgruntled by the proceedings or the outcome of a
  182  criminal or civil case, which could result in these attorneys
  183  and their families becoming targets for acts of violence.
  184  Disclosure of the information protected by the public-records
  185  exemption created by this act would jeopardize the safety of
  186  these attorneys and their families. Therefore, it is a public
  187  necessity to exempt from disclosure the home addresses,
  188  telephone numbers, and photographs of current or former public
  189  defenders, assistant public defenders, criminal conflict and
  190  civil regional counsel, and assistant criminal conflict and
  191  civil regional counsel; the home addresses, telephone numbers,
  192  social security numbers, photographs, and places of employment
  193  of the spouses and children of current or former public
  194  defenders, assistant public defenders, criminal conflict and
  195  civil regional counsel, and assistant criminal conflict and
  196  civil regional counsel; and the names and locations of schools
  197  and day care facilities attended by the children of current or
  198  former public defenders, assistant public defenders, criminal
  199  conflict and civil regional counsel, and assistant criminal
  200  conflict and civil regional counsel.
  201         Section 3. This act shall take effect July 1, 2010.

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