October 01, 2020
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       Florida Senate - 2010                             CS for SB 1200
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Judiciary
       
       
       
       585-02362-10                                          20101200c1
    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 a public-records exemption for identifying
    5         information of current or former guardians ad litem;
    6         saving the exemption from repeal under the Open
    7         Government Sunset Review Act; expanding the public
    8         records exemption to include the names and locations
    9         of schools and day care facilities attended by the
   10         children of current or former guardians ad litem;
   11         providing for future legislative review and repeal of
   12         the exemption under the Open Government Sunset Review
   13         Act; providing a statement of public necessity;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (4) of section
   19  119.071, Florida Statutes, is amended to read:
   20         119.071 General exemptions from inspection or copying of
   21  public records.—
   22         (4) AGENCY PERSONNEL INFORMATION.—
   23         (d)1.a. The home addresses, telephone numbers, social
   24  security numbers, and photographs of active or former law
   25  enforcement personnel, including correctional and correctional
   26  probation officers, personnel of the Department of Children and
   27  Family Services whose duties include the investigation of abuse,
   28  neglect, exploitation, fraud, theft, or other criminal
   29  activities, personnel of the Department of Health whose duties
   30  are to support the investigation of child abuse or neglect, and
   31  personnel of the Department of Revenue or local governments
   32  whose responsibilities include revenue collection and
   33  enforcement or child support enforcement; the home addresses,
   34  telephone numbers, social security numbers, photographs, and
   35  places of employment of the spouses and children of such
   36  personnel; and the names and locations of schools and day care
   37  facilities attended by the children of such personnel are exempt
   38  from s. 119.07(1).
   39         b. The home addresses, telephone numbers, and photographs
   40  of firefighters certified in compliance with s. 633.35; the home
   41  addresses, telephone numbers, photographs, and places of
   42  employment of the spouses and children of such firefighters; and
   43  the names and locations of schools and day care facilities
   44  attended by the children of such firefighters are exempt from s.
   45  119.07(1).
   46         c. The home addresses and telephone numbers of justices of
   47  the Supreme Court, district court of appeal judges, circuit
   48  court judges, and county court judges; the home addresses,
   49  telephone numbers, and places of employment of the spouses and
   50  children of justices and judges; and the names and locations of
   51  schools and day care facilities attended by the children of
   52  justices and judges are exempt from s. 119.07(1).
   53         d. The home addresses, telephone numbers, social security
   54  numbers, and photographs of current or former state attorneys,
   55  assistant state attorneys, statewide prosecutors, or assistant
   56  statewide prosecutors; the home addresses, telephone numbers,
   57  social security numbers, photographs, and places of employment
   58  of the spouses and children of current or former state
   59  attorneys, assistant state attorneys, statewide prosecutors, or
   60  assistant statewide prosecutors; and the names and locations of
   61  schools and day care facilities attended by the children of
   62  current or former state attorneys, assistant state attorneys,
   63  statewide prosecutors, or assistant statewide prosecutors are
   64  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   65  Constitution.
   66         e. The home addresses and telephone numbers of general
   67  magistrates, special magistrates, judges of compensation claims,
   68  administrative law judges of the Division of Administrative
   69  Hearings, and child support enforcement hearing officers; the
   70  home addresses, telephone numbers, and places of employment of
   71  the spouses and children of general magistrates, special
   72  magistrates, judges of compensation claims, administrative law
   73  judges of the Division of Administrative Hearings, and child
   74  support enforcement hearing officers; and the names and
   75  locations of schools and day care facilities attended by the
   76  children of general magistrates, special magistrates, judges of
   77  compensation claims, administrative law judges of the Division
   78  of Administrative Hearings, and child support enforcement
   79  hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
   80  I of the State Constitution if the general magistrate, special
   81  magistrate, judge of compensation claims, administrative law
   82  judge of the Division of Administrative Hearings, or child
   83  support hearing officer provides a written statement that the
   84  general magistrate, special magistrate, judge of compensation
   85  claims, administrative law judge of the Division of
   86  Administrative Hearings, or child support hearing officer has
   87  made reasonable efforts to protect such information from being
   88  accessible through other means available to the public. This
   89  sub-subparagraph is subject to the Open Government Sunset Review
   90  Act in accordance with s. 119.15, and shall stand repealed on
   91  October 2, 2013, unless reviewed and saved from repeal through
   92  reenactment by the Legislature.
   93         f. The home addresses, telephone numbers, and photographs
   94  of current or former human resource, labor relations, or
   95  employee relations directors, assistant directors, managers, or
   96  assistant managers of any local government agency or water
   97  management district whose duties include hiring and firing
   98  employees, labor contract negotiation, administration, or other
   99  personnel-related duties; the names, home addresses, telephone
  100  numbers, and places of employment of the spouses and children of
  101  such personnel; and the names and locations of schools and day
  102  care facilities attended by the children of such personnel are
  103  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  104  Constitution.
  105         g. The home addresses, telephone numbers, and photographs
  106  of current or former code enforcement officers; the names, home
  107  addresses, telephone numbers, and places of employment of the
  108  spouses and children of such personnel; and the names and
  109  locations of schools and day care facilities attended by the
  110  children of such personnel are exempt from s. 119.07(1) and s.
  111  24(a), Art. I of the State Constitution.
  112         h. The home addresses, telephone numbers, places of
  113  employment, and photographs of current or former guardians ad
  114  litem, as defined in s. 39.820;, and the names, home addresses,
  115  telephone numbers, and places of employment of the spouses and
  116  children of such persons; and the names and locations of schools
  117  and day care facilities attended by the children of such
  118  persons, are exempt from s. 119.07(1) and s. 24(a), Art. I of
  119  the State Constitution, if the guardian ad litem provides a
  120  written statement that the guardian ad litem has made reasonable
  121  efforts to protect such information from being accessible
  122  through other means available to the public. This sub
  123  subparagraph is subject to the Open Government Sunset Review Act
  124  in accordance with s. 119.15 and shall stand repealed on October
  125  2, 2015 2010, unless reviewed and saved from repeal through
  126  reenactment by the Legislature.
  127         i. The home addresses, telephone numbers, and photographs
  128  of current or former juvenile probation officers, juvenile
  129  probation supervisors, detention superintendents, assistant
  130  detention superintendents, senior juvenile detention officers,
  131  juvenile detention officer supervisors, juvenile detention
  132  officers, house parents I and II, house parent supervisors,
  133  group treatment leaders, group treatment leader supervisors,
  134  rehabilitation therapists, and social services counselors of the
  135  Department of Juvenile Justice; the names, home addresses,
  136  telephone numbers, and places of employment of spouses and
  137  children of such personnel; and the names and locations of
  138  schools and day care facilities attended by the children of such
  139  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  140  the State Constitution. This sub-subparagraph is subject to the
  141  Open Government Sunset Review Act in accordance with s. 119.15
  142  and shall stand repealed on October 2, 2011, unless reviewed and
  143  saved from repeal through reenactment by the Legislature.
  144         2. An agency that is the custodian of the information
  145  specified in subparagraph 1. and that is not the employer of the
  146  officer, employee, justice, judge, or other person specified in
  147  subparagraph 1. shall maintain the exempt status of that
  148  information only if the officer, employee, justice, judge, other
  149  person, or employing agency of the designated employee submits a
  150  written request for maintenance of the exemption to the
  151  custodial agency.
  152         Section 2. The Legislature finds that it is a public
  153  necessity that the names and locations of schools and day care
  154  facilities attended by the children of current or former
  155  guardians ad litem be made exempt from public-records
  156  requirements. Guardians ad litem provide a valuable service to
  157  the community. They interact with victims of child abuse and
  158  neglect and, at times, the perpetrators of that abuse or
  159  neglect. The capacity in which they work or volunteer their time
  160  does not always create good will. Different persons may be
  161  disgruntled with the testimony, report, or recommendation made
  162  by guardians ad litem. The testimony of guardians ad litem could
  163  create a safety risk. Thus, the children of guardians ad litem
  164  could become potential targets for acts of revenge. If the names
  165  and locations of schools and day care facilities attended by the
  166  children of such persons were made available, the safety and
  167  welfare of the children could be jeopardized. A public-records
  168  exemption currently exempts the names, home addresses, telephone
  169  numbers, and places of employment of the children of current or
  170  former guardians ad litem; however, there is no similar
  171  protection for the names and locations of schools and day care
  172  facilities attended by such children. Comparable exemptions
  173  relating to other individuals who provide a public service
  174  exempt this personal information from disclosure. Accordingly,
  175  it is a public necessity that the names and locations of schools
  176  and day care facilities attended by the children of current or
  177  former guardians ad litem be made exempt from public disclosure.
  178         Section 3. This act shall take effect upon becoming a law.

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