Bill Text: FL H0485 | 2010 | Regular Session | Comm Sub

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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-Comm_Sub.html

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CS/HB 485

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; creating an exemption from public records
4	requirements for personal identifying and location
5	information of current and former public defenders and
6	criminal conflict and civil regional counsel and the
7	spouses and children of such defenders or counsel;
8	providing for future legislative review and repeal of the
9	exemption; providing a statement of public necessity;
10	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, and places of employment of the
143	spouses and children of such defenders or counsel; and the names
144	and locations of schools and day care facilities attended by the
145	children of such defenders or counsel are exempt from s.
146	119.07(1) and s. 24(a), Art. I of the State Constitution. This
147	sub-subparagraph is subject to the Open Government Sunset Review
148	Act in accordance with s. 119.15 and shall stand repealed on
149	October 2, 2015, unless reviewed and saved from repeal through
150	reenactment by the Legislature.
151	2. An agency that is the custodian of the information
152	specified in subparagraph 1. and that is not the employer of the
153	officer, employee, justice, judge, or other person specified in
154	subparagraph 1. shall maintain the exempt status of that
155	information only if the officer, employee, justice, judge, other
156	person, or employing agency of the designated employee submits a
157	written request for maintenance of the exemption to the
158	custodial agency.
159	Section 2. The Legislature finds that it is a public
160	necessity to exempt from disclosure under the public records
161	laws of the state personal identifying and location information
162	of current and former public defenders, assistant public
163	defenders, criminal conflict and civil regional counsel, and
164	assistant criminal conflict and civil regional counsel, and the
165	spouses and children of such defenders or counsel. In the course
166	of representing defendants in criminal prosecutions, these
167	attorneys routinely interact with individuals who have criminal
168	records or who are currently engaged in or suspected of criminal
169	activity. These attorneys also interact with the victims of
170	crimes. In addition, criminal conflict and civil regional
171	counsel and their assistants also provide representation in
172	sensitive civil matters, such as those in which a person's
173	parental rights may be terminated based on allegations of
174	perpetrating abuse and neglect against a child. By providing
175	legal representation in criminal and civil matters, these
176	attorneys provide a valuable service. However, parties to such
177	criminal and civil matters may become disgruntled by the
178	proceedings or the outcome of a case, which can result in the
179	attorneys and their families becoming targets for acts of
180	violence. Disclosure of the information protected under the
181	public records exemption created by this act would jeopardize
182	the safety of these attorneys and their families. Therefore, it
183	is the finding of the Legislature that it is a public necessity
184	to exempt from disclosure under the public records laws of this
185	state the home addresses, telephone numbers, and photographs of
186	current or former public defenders, assistant public defenders,
187	criminal conflict and civil regional counsel, and assistant
188	criminal conflict and civil regional counsel, the home
189	addresses, telephone numbers, and places of employment of the
190	spouses and children of such defenders or counsel, and the names
191	and locations of schools and day care facilities attended by the
192	children of such defenders or counsel.
193	Section 3. This act shall take effect July 1, 2010.

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