Senate Bill 128 (2020) — Public records
SB 128
Florida Bills
Florida Senate - 2020 SB 128 By Senator Wright 14-00068-20 2020128__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to public records; amending s. 2 119.071, F.S.; providing an exemption from public 3 records requirements for certain identifying and 4 location information of current and former judicial 5 assistants and their spouses and children; providing a 6 statement of public necessity; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11
Section 1. Paragraph (
d) of subsection (4) of
section 12 119.071, Florida Statutes, is amended to read: 13 119.071 General exemptions from inspection or copying of 14 public records.— 15
(4) AGENCY PERSONNEL INFORMATION.— 16 (d)1.
For purposes of this paragraph, the term: 17 a. “Home addresses” means the dwelling location at which an 18 individual resides and includes the physical address, mailing 19 address, street address, parcel identification number, plot 20 identification number, legal property description, neighborhood 21 name and lot number, GPS coordinates, and any other descriptive 22 property information that may reveal the home address. 23 b. “Telephone numbers” includes home telephone numbers, 24 personal cellular telephone numbers, personal pager telephone 25 numbers, and telephone numbers associated with personal 26 communications devices. 27 2.a.
The home addresses, telephone numbers, dates of birth, 28 and photographs of active or former sworn law enforcement 29
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. personnel or of active or former civilian personnel employed by 30 a law enforcement agency, including correctional and 31 correctional probation officers, personnel of the Department of 32 Children and Families whose duties include the investigation of 33 abuse, neglect, exploitation, fraud, theft, or other criminal 34 activities, personnel of the Department of Health whose duties 35 are to support the investigation of child abuse or neglect, and 36 personnel of the Department of Revenue or local governments 37 whose responsibilities include revenue collection and 38 enforcement or child support enforcement; the names, home 39 addresses, telephone numbers, photographs, dates of birth, and 40 places of employment of the spouses and children of such 41 personnel; and the names and locations of schools and day care 42 facilities attended by the children of such personnel are exempt 43 from s. 119.07(1) and s. 24(a), Art.
I of the State 44 Constitution. 45 b.
The home addresses, telephone numbers, dates of birth, 46 and photographs of current or former nonsworn investigative 47 personnel of the Department of Financial Services whose duties 48 include the investigation of fraud, theft, workers’ compensation 49 coverage requirements and compliance, other related criminal 50 activities, or state regulatory requirement violations; the 51 names, home addresses, telephone numbers, dates of birth, and 52 places of employment of the spouses and children of such 53 personnel; and the names and locations of schools and day care 54 facilities attended by the children of such personnel are exempt 55 from s. 119.07(1) and s. 24(a), Art.
I of the State 56 Constitution. 57 c. The home addresses, telephone numbers, dates of birth, 58
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. 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. 68 d. The home addresses, telephone numbers, dates of birth, 69 and photographs of current or former firefighters certified in 70 compliance with s. 633.408; the names, home addresses, telephone 71 numbers, photographs, dates of birth, and places of employment 72 of the spouses and children of such firefighters; and the names 73 and locations of schools and day care facilities attended by the 74 children of such firefighters are exempt from s. 119.07(1) and 75 s. 24(a), Art. I of the State Constitution. 76 e.
The home addresses, dates of birth, and telephone 77 numbers of current or former justices of the Supreme Court, 78 district court of appeal judges, circuit court judges, and 79 county court judges, and judicial assistants; the names, home 80 addresses, telephone numbers, dates of birth, and places of 81 employment of the spouses and children of current or former 82 justices, and judges, and judicial assistants; and the names and 83 locations of schools and day care facilities attended by the 84 children of current or former justices, and judges, and judicial 85 assistants are exempt from s. 119.07(1) and s. 24(a), Art.
I of 86 the State Constitution. 87
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. f.
The home addresses, telephone numbers, dates of birth, 88 and photographs of current or former state attorneys, assistant 89 state attorneys, statewide prosecutors, or assistant statewide 90 prosecutors; the names, home addresses, telephone numbers, 91 photographs, dates of birth, and places of employment of the 92 spouses and children of current or former state attorneys, 93 assistant state attorneys, statewide prosecutors, or assistant 94 statewide prosecutors; and the names and locations of schools 95 and day care facilities attended by the children of current or 96 former state attorneys, assistant state attorneys, statewide 97 prosecutors, or assistant statewide prosecutors are exempt from 98 s. 119.07(1) and s. 24(a), Art.
I of the State Constitution. 99 g.
The home addresses, dates of birth, and telephone 100 numbers of general magistrates, special magistrates, judges of 101 compensation claims, administrative law judges of the Division 102 of Administrative Hearings, and child support enforcement 103 hearing officers; the names, home addresses, telephone numbers, 104 dates of birth, and places of employment of the spouses and 105 children of general magistrates, special magistrates, judges of 106 compensation claims, administrative law judges of the Division 107 of Administrative Hearings, and child support enforcement 108 hearing officers; and the names and locations of schools and day 109 care facilities attended by the children of general magistrates, 110 special magistrates, judges of compensation claims, 111 administrative law judges of the Division of Administrative 112 Hearings, and child support enforcement hearing officers are 113 exempt from s. 119.07(1) and s. 24(a), Art.
I of the State 114 Constitution. 115 h. The home addresses, telephone numbers, dates of birth, 116
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. and photographs of current or former human resource, labor 117 relations, or employee relations directors, assistant directors, 118 managers, or assistant managers of any local government agency 119 or water management district whose duties include hiring and 120 firing employees, labor contract negotiation, administration, or 121 other personnel-related duties; the names, home addresses, 122 telephone numbers, dates of birth, and places of employment of 123 the spouses and children of such personnel; and the names and 124 locations of schools and day care facilities attended by the 125 children of such personnel are exempt from s. 119.07(1) and s. 126 24(a), Art.
I of the State Constitution. 127 i. The home addresses, telephone numbers, dates of birth, 128 and photographs of current or former code enforcement officers; 129 the names, home addresses, telephone numbers, dates of birth, 130 and places of employment of the spouses and children of such 131 personnel; and the names and locations of schools and day care 132 facilities attended by the children of such personnel are exempt 133 from s. 119.07(1) and s. 24(a), Art. I of the State 134 Constitution. 135 j.
The home addresses, telephone numbers, places of 136 employment, dates of birth, and photographs of current or former 137 guardians ad litem, as defined in s. 39.820; the names, home 138 addresses, telephone numbers, dates of birth, and places of 139 employment of the spouses and children of such persons; and the 140 names and locations of schools and day care facilities attended 141 by the children of such persons are exempt from s. 119.07(1) and 142 s. 24(a), Art. I of the State Constitution. 143 k.
The home addresses, telephone numbers, dates of birth, 144 and photographs of current or former juvenile probation 145
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. officers, juvenile probation supervisors, detention 146 superintendents, assistant detention superintendents, juvenile 147 justice detention officers I and II, juvenile justice detention 148 officer supervisors, juvenile justice residential officers, 149 juvenile justice residential officer supervisors I and II, 150 juvenile justice counselors, juvenile justice counselor 151 supervisors, human services counselor administrators, senior 152 human services counselor administrators, rehabilitation 153 therapists, and social services counselors of the Department of 154 Juvenile Justice; the names, home addresses, telephone numbers, 155 dates of birth, and places of employment of spouses and children 156 of such personnel; and the names and locations of schools and 157 day care facilities attended by the children of such personnel 158 are exempt from s. 119.07(1) and s. 24(a), Art.
I of the State 159 Constitution. 160 l.
The home addresses, telephone numbers, dates of birth, 161 and photographs of current or former public defenders, assistant 162 public defenders, criminal conflict and civil regional counsel, 163 and assistant criminal conflict and civil regional counsel; the 164 names, home addresses, telephone numbers, dates of birth, and 165 places of employment of the spouses and children of current or 166 former public defenders, assistant public defenders, criminal 167 conflict and civil regional counsel, and assistant criminal 168 conflict and civil regional counsel; and the names and locations 169 of schools and day care facilities attended by the children of 170 current or former public defenders, assistant public defenders, 171 criminal conflict and civil regional counsel, and assistant 172 criminal conflict and civil regional counsel are exempt from s. 173 119.07(1) and s. 24(a), Art.
I of the State Constitution. 174
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. m.
The home addresses, telephone numbers, dates of birth, 175 and photographs of current or former investigators or inspectors 176 of the Department of Business and Professional Regulation; the 177 names, home addresses, telephone numbers, dates of birth, and 178 places of employment of the spouses and children of such current 179 or former investigators and inspectors; and the names and 180 locations of schools and day care facilities attended by the 181 children of such current or former investigators and inspectors 182 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State 183 Constitution. 184 n.
The home addresses, telephone numbers, and dates of 185 birth of county tax collectors; the names, home addresses, 186 telephone numbers, dates of birth, and places of employment of 187 the spouses and children of such tax collectors; and the names 188 and locations of schools and day care facilities attended by the 189 children of such tax collectors are exempt from s. 119.07(1) and 190 s. 24(a), Art. I of the State Constitution. 191 o.
The home addresses, telephone numbers, dates of birth, 192 and photographs of current or former personnel of the Department 193 of Health whose duties include, or result in, the determination 194 or adjudication of eligibility for social security disability 195 benefits, the investigation or prosecution of complaints filed 196 against health care practitioners, or the inspection of health 197 care practitioners or health care facilities licensed by the 198 Department of Health; the names, home addresses, telephone 199 numbers, dates of birth, and places of employment of the spouses 200 and children of such personnel; and the names and locations of 201 schools and day care facilities attended by the children of such 202 personnel are exempt from s. 119.07(1) and s. 24(a), Art.
I of 203
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. the State Constitution. 204 p.
The home addresses, telephone numbers, dates of birth, 205 and photographs of current or former impaired practitioner 206 consultants who are retained by an agency or current or former 207 employees of an impaired practitioner consultant whose duties 208 result in a determination of a person’s skill and safety to 209 practice a licensed profession; the names, home addresses, 210 telephone numbers, dates of birth, and places of employment of 211 the spouses and children of such consultants or their employees; 212 and the names and locations of schools and day care facilities 213 attended by the children of such consultants or employees are 214 exempt from s. 119.07(1) and s. 24(a), Art.
I of the State 215 Constitution. 216 q. The home addresses, telephone numbers, dates of birth, 217 and photographs of current or former emergency medical 218 technicians or paramedics certified under
chapter 401; the 219 names, home addresses, telephone numbers, dates of birth, and 220 places of employment of the spouses and children of such 221 emergency medical technicians or paramedics; and the names and 222 locations of schools and day care facilities attended by the 223 children of such emergency medical technicians or paramedics are 224 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 225 Constitution. 226 r.
The home addresses, telephone numbers, dates of birth, 227 and photographs of current or former personnel employed in an 228 agency’s office of inspector general or internal audit 229 department whose duties include auditing or investigating waste, 230 fraud, abuse, theft, exploitation, or other activities that 231 could lead to criminal prosecution or administrative discipline; 232
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. the names, home addresses, telephone numbers, dates of birth, 233 and places of employment of spouses and children of such 234 personnel; and the names and locations of schools and day care 235 facilities attended by the children of such personnel are exempt 236 from s. 119.07(1) and s. 24(a), Art. I of the State 237 Constitution. 238 s.
The home addresses, telephone numbers, dates of birth, 239 and photographs of current or former directors, managers, 240 supervisors, nurses, and clinical employees of an addiction 241 treatment facility; the home addresses, telephone numbers, 242 photographs, dates of birth, and places of employment of the 243 spouses and children of such personnel; and the names and 244 locations of schools and day care facilities attended by the 245 children of such personnel are exempt from s. 119.07(1) and s. 246 24(a), Art. I of the State Constitution.
For purposes of this 247 sub-subparagraph, the term “addiction treatment facility” means 248 a county government, or agency thereof, that is licensed 249 pursuant to s. 397.401 and provides substance abuse prevention, 250 intervention, or clinical treatment, including any licensed 251 service component described in s. 397.311(26). 252 t.
The home addresses, telephone numbers, dates of birth, 253 and photographs of current or former directors, managers, 254 supervisors, and clinical employees of a child advocacy center 255 that meets the standards of s. 39.3035(1) and fulfills the 256 screening requirement of s. 39.3035(2), and the members of a 257 Child Protection Team as described in s. 39.303 whose duties 258 include supporting the investigation of child abuse or sexual 259 abuse, child abandonment, child neglect, and child exploitation 260 or to provide services as part of a multidisciplinary case 261
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. review team; the names, home addresses, telephone numbers, 262 photographs, dates of birth, and places of employment of the 263 spouses and children of such personnel and members; and the 264 names and locations of schools and day care facilities attended 265 by the children of such personnel and members are exempt from s. 266 119.07(1) and s. 24(a), Art. I of the State Constitution. 267 3.
An agency that is the custodian of the information 268 specified in subparagraph 2. and that is not the employer of the 269 officer, employee, justice, judge, or other person specified in 270 subparagraph 2. shall maintain the exempt status of that 271 information only if the officer, employee, justice, judge, other 272 person, or employing agency of the designated employee submits a 273 written request for maintenance of the exemption to the 274 custodial agency. 275 4.
An officer, an employee, a justice, a judge, or other 276 person specified in subparagraph 2. may submit a written request 277 for the release of his or her exempt information to the 278 custodial agency. The written request must be notarized and must 279 specify the information to be released and the party that is 280 authorized to receive the information. Upon receipt of the 281 written request, the custodial agency shall release the 282 specified information to the party authorized to receive such 283 information. 284 5.
The exemptions in this paragraph apply to information 285 held by an agency before, on, or after the effective date of the 286 exemption. 287 6. This paragraph is subject to the Open Government Sunset 288 Review Act in accordance with s. 119.15 and shall stand repealed 289 on October 2, 2024, unless reviewed and saved from repeal 290
Florida Senate - 2020 SB 128 14-00068-20 2020128__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. through reenactment by the Legislature. 291
Section 2. The Legislature finds that it is a public 292 necessity that the home addresses, dates of birth, and telephone 293 numbers of current or former judicial assistants; the names, 294 home addresses, telephone numbers, dates of birth, and places of 295 employment of the spouses and children of such judicial 296 assistants; and the names and locations of schools and day care 297 facilities attended by the children of such judicial assistants 298 be made exempt from s. 119.07(1), Florida Statutes, and s. 299 24(a),
Article I of the State Constitution. Such identifying and 300 location information can be used as a tool to perpetuate fraud 301 against an individual and to acquire sensitive personal, 302 financial, medical, and familial information, the release of 303 which could cause great financial harm to the individual.
In the 304 course of assisting in making rulings, entering judgments, 305 imposing sentences, or reviewing cases, judicial assistants 306 frequently do not create good will with litigants, the accused, 307 the convicted, and their associates and families, thus making 308 the judicial assistants, and their spouses and children, targets 309 for acts of revenge. This risk continues after judicial 310 assistants complete their public service. Disgruntled 311 individuals may wait to commit
an act of revenge until the 312 employment of a judicial assistant ends. If such identifying and 313 location information is released, the safety of current or 314 former judicial assistants and their spouses and children could 315 be seriously jeopardized. For these reasons, the Legislature 316 finds that it is a public necessity that such information be 317 made exempt from public records requirements. 318