Bill Text: FL H0485 | 2010 | Regular Session | Introduced

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

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Bill Title: Pub. Rec./Public Defenders/Regional Counsel

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 312; Laid on Table, companion bill(s) passed, see CS/SB 312 (Ch. 2010-171) -HJ 01165 [H0485 Detail]

Download: Florida-2010-H0485-Introduced.html

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HB 485

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

CODING: Words stricken are deletions; words underlined are additions.