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Item #11A (Attachment: SB248) ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 1 2 An act relating to public records; amending s . 3 119 . 071, F. S . ; expanding exemptions from public 4 records requirements for agency personnel information 5 by defining the term "home addresses" for purposes of 6 public records exemptions for personal identifying and 7 location information of certain agency personnel and 8 their family members; exempting personal identifying 9 and location information of active or former civilian 10 personnel employed by a law enforcement agency, and of 11 spouses and children of such personnel, from public 12 records requirements; authorizing certain persons to 13 request the release of exempt information in a 14 specified manner; requiring a custodial agency to 15 release such information upon receipt of such a 16 request; providing for retroactive application; 17 providing for legislative review and repeal of the 18 exemptions; providing statements of public necessity; 19 providing an effective date . 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1 . Paragraph (d) of subsection (4) of section 24 119 . 071, Florida Statutes, is amended to read: 25 119 . 071 General exemptions from inspection or copying of 26 public records .- 27 (4 ) AGENCY PERSONNEL INFORMATION.- 28 (d) 1 . For purposes of this paragraph, the term: 29 a . "Home addresses" means the dwelling location at which an Page 1 of 15 CODING: Words strickcn are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 30 individual resides and includes the physical address, mailing 31 address, street address, parcel identification number, plot 32 identification number, legal property description, neighborhood 33 name and lot number, GPS coordinates, and any other descriptive 34 property information that may reveal the home address . 35 b. "Telephone numbers" includes home telephone numbers, 36 personal cellular telephone numbers, personal pager telephone 37 numbers, and telephone numbers associated with personal 38 communications devices . 39 2 . a . The home addresses, telephone numbers, dates of birth, 40 and photographs of active or former sworn or civilian law 41 enforcement personnel or of active or former civilian personnel 42 employed by a law enforcement agency, including correctional and 43 correctional probation officers, personnel of the Department of 44 Children and Families whose duties include the investigation of 45 abuse, neglect, exploitation, fraud, theft, or other criminal 46 activities, personnel of the Department of Health whose duties 47 are to support the investigation of child abuse or neglect, and 48 personnel of the Department of Revenue or local governments 49 whose responsibilities include revenue collection and 50 enforcement or child support enforcement; the names, home 51 addresses, telephone numbers, photographs, 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 . This sub subparagraph is 3ubjcct to the Opcn 57 Covcrnmcnt Sunact Rcvicw Act in accordancc with s . 119 . 15 and 58 shall Stand rcpcalcd on Octobcr 2, 2022, unlc33 rcvicwcd and Page 2 of 15 CODING: Words 3trickcn are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 59 saved from repeal through rccnactmcnt by thc Legislature . 60 b . The home addresses, telephone numbers, dates of birth, 61 and photographs of current or former nonsworn investigative 62 personnel of the Department of Financial Services whose duties 63 include the investigation of fraud, theft, workers' compensation 64 coverage requirements and compliance, other related criminal 65 activities, or state regulatory requirement violations; the 66 names, home addresses, telephone numbers, dates of birth, and 67 places of employment of the spouses and children of such 68 personnel; and the names and locations of schools and day care 69 facilities attended by the children of such personnel are exempt 70 from s . 119 . 07 ( 1) and s . 24 (a) , Art. I of the State 71 Constitution . This Sub subparagraph is subject to thc Opcn 72 Covcrnmcnt Sunset Review Act in accordancc with 3 . 119 . 15 and 73 shall stand rcpcalcd on Octobcr 2, 2021, unless reviewed and 74a c — _r-e,;,—cal through rccnactmcnt by thc Legislature . 75 c . The home addresses, telephone numbers, dates of birth, 76 and photographs of current or former nonsworn investigative 77 personnel of the Office of Financial Regulation' s Bureau of 78 Financial Investigations whose duties include the investigation 79 of fraud, theft, other related criminal activities, or state 80 regulatory requirement violations; the names, home addresses, 81 telephone numbers, dates of birth, and places of employment of 82 the spouses and children of such personnel; and the names and 83 locations of schools and day care facilities attended by the 84 children of such personnel are exempt from s . 119 . 07 (1) and s . 85 24 (a) , Art . I of the State Constitution. This Sub subparagraph 86 is subject to thc Opcn Covcrnmcnt Sunset Review Act in 87 accordancc with 3 . 119 . 15 and shall stand rcpcalcd on Octobcr 2, Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 88 2022, unless rcvicwcd and saved from rcpcal through rccnactmcnt 89 by thc Legislature . 90 d. The home addresses, telephone numbers, dates of birth, 91 and photographs of current or former firefighters certified in 92 compliance with s . 633 . 408; the names, home addresses, telephone 93 numbers, photographs, dates of birth, and places of employment 94 of the spouses and children of such firefighters; and the names 95 and locations of schools and day care facilities attended by the 96 children of such firefighters are exempt from s . 119 . 07 (1) and 97 s . 24 (a) , Art . I of the State Constitution . This sub 98 subparagraph is subject to thc Open Covcrnmcnt Sunset Review Act 99 in accordance with c . 119 . 15, and shall stand repealed on 100 October 2, 2022, unless reviewed and saved from repeal through 101 - - _ - - _ . - Legislature . 102 e . The home addresses, dates of birth, and telephone 103 numbers of current or former justices of the Supreme Court, 104 district court of appeal judges, circuit court judges, and 105 county court judges; the names, home addresses, telephone 106 numbers, dates of birth, and places of employment of the spouses 107 and children of current or former justices and judges; and the 108 names and locations of schools and day care facilities attended 109 by the children of current or former justices and judges are 110 exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 111 Constitution. This sub subparagraph is subject to thc Open 112 Government Sunset Review Act in accordance with c . 119. 15 and 113 shall stand repealed on October 2, 2022, unless reviewed and 114 caved from repeal through reenactment by the Legislature . 115 f. The home addresses, telephone numbers, dates of birth, 116 and photographs of current or former state attorneys, assistant Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 117 state attorneys, statewide prosecutors, or assistant statewide 118 prosecutors; the names, home addresses, telephone numbers, 119 photographs, dates of birth, and places of employment of the 120 spouses and children of current or former state attorneys, 121 assistant state attorneys, statewide prosecutors, or assistant 122 statewide prosecutors; and the names and locations of schools 123 and day care facilities attended by the children of current or 124 former state attorneys, assistant state attorneys, statewide 125 prosecutors, or assistant statewide prosecutors are exempt from 126 s . 119 . 07 (1) and s . 24 (a) , Art . I of the State Constitution. 127 g. The home addresses, dates of birth, and telephone 128 numbers of general magistrates, special magistrates, judges of 129 compensation claims, administrative law judges of the Division 130 of Administrative Hearings, and child support enforcement 131 hearing officers; the names, home addresses, telephone numbers, 132 dates of birth, and places of employment of the spouses and 133 children of general magistrates, special magistrates, judges of 134 compensation claims, administrative law judges of the Division 135 of Administrative Hearings, and child support enforcement 136 hearing officers; and the names and locations of schools and day 137 care facilities attended by the children of general magistrates, 138 special magistrates, judges of compensation claims, 139 administrative law judges of the Division of Administrative 140 Hearings, and child support enforcement hearing officers are 141 exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 142 Constitution . This sub Subparagraph is subject to thc Open 143 Government Sunset Review Act in accordance with 3 . 119 . 15 and 144 shall stand repealed on October 2, 2022, unless reviewed and 145cd from repeal through reenactment by thc Legislature . Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 146 h. The home addresses, telephone numbers, dates of birth, 147 and photographs of current or former human resource, labor 148 relations, or employee relations directors, assistant directors, 149 managers, or assistant managers of any local government agency 150 or water management district whose duties include hiring and 151 firing employees, labor contract negotiation, administration, or 152 other personnel-related duties; the names, home addresses, 153 telephone numbers, dates of birth, and places of employment of 154 the spouses and children of such personnel; and the names and 155 locations of schools and day care facilities attended by the 156 children of such personnel are exempt from s . 119 . 07 ( 1) and s . 157 24 (a) , Art . I of the State Constitution. 158 i . The home addresses, telephone numbers, dates of birth, 159 and photographs of current or former code enforcement officers; 160 the names, home addresses, telephone numbers, dates of birth, 161 and places of employment of the spouses and children of such 162 personnel; and the names and locations of schools and day care 163 facilities attended by the children of such personnel are exempt 164 from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 165 Constitution . 166 j . The home addresses, telephone numbers, places of 167 employment, dates of birth, and photographs of current or former 168 guardians ad litem, as defined in s . 39 . 820; the names, home 169 addresses, telephone numbers, dates of birth, and places of 170 employment of the spouses and children of such persons; and the 171 names and locations of schools and day care facilities attended 172 by the children of such persons are exempt from s . 119 . 07 (1) and 173 s . 24 (a) , Art. I of the State Constitution . This Sub 174 subparagraph is subjcct to the Opcn Covcrnmcnt Sunact Rcvicw Act Page 6 of 15 CODING: Words strickcn are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 175 in accordance with 3 . 119 . 15 and shall stand rcpcalcd on October 176 2, 2022, unless reviewed and saved from repeal through 177 rccnactmcnt by the Legislature . 178 k. The home addresses, telephone numbers, dates of birth, 179 and photographs of current or former juvenile probation 180 officers, juvenile probation supervisors, detention 181 superintendents, assistant detention superintendents, juvenile 182 justice detention officers I and II, juvenile justice detention 183 officer supervisors, juvenile justice residential officers, 184 juvenile justice residential officer supervisors I and II, 185 juvenile justice counselors, juvenile justice counselor 186 supervisors, human services counselor administrators, senior 187 human services counselor administrators, rehabilitation 188 therapists, and social services counselors of the Department of 189 Juvenile Justice; the names, home addresses, telephone numbers, 190 dates of birth, and places of employment of spouses and children 191 of such personnel; and the names and locations of schools and 192 day care facilities attended by the children of such personnel 193 are exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 194 Constitution . 195 1 . The home addresses, telephone numbers, dates of birth, 196 and photographs 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; the 199 names, home addresses, telephone numbers, dates of birth, and 200 places of employment of the spouses and children of current or 201 former public defenders, assistant public defenders, criminal 202 conflict and civil regional counsel, and assistant criminal 203 conflict and civil regional counsel; and the names and locations Page 7 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 204 of schools and day care facilities attended by the children of 205 current or former public defenders, assistant public defenders, 206 criminal conflict and civil regional counsel, and assistant 207 criminal conflict and civil regional counsel are exempt from s . 208 119 . 07 (1) and s . 24 (a) , Art . I of the State Constitution. 209 m. The home addresses, telephone numbers, dates of birth, 210 and photographs of current or former investigators or inspectors 211 of the Department of Business and Professional Regulation; the 212 names, home addresses, telephone numbers, dates of birth, and 213 places of employment of the spouses and children of such current 214 or former investigators and inspectors; and the names and 215 locations of schools and day care facilities attended by the 216 children of such current or former investigators and inspectors 217 are exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 218 Constitution. This sub subparagraph is subject to thc Opcn 219 Covcrnmcnt Sunset Review Act in accordancc with 3 . 119. 15 and 220 shall stand rcpcalcd on October 2, 2022, unless reviewed and 221 saved from rcpcal through rccnactmcnt by thc Lcgi3laturc . 222 n. The home addresses, telephone numbers, and dates of 223 birth of county tax collectors; the names, home addresses, 224 telephone numbers, dates of birth, and places of employment of 225 the spouses and children of such tax collectors; and the names 226 and locations of schools and day care facilities attended by the 227 children of such tax collectors are exempt from s . 119 . 07 (1) and 228 s . 24 (a) , Art . I of the State Constitution. This sub 229 Subparagraph i3 subject to thc Opcn Covcrnmcnt Sunset Review Act 230 in accordancc with 3 . 119 . 15 and Shall Stand rcpcalcd on October 231 2, 2022, unless reviewed and saved from rcpcal through 232 rccnactmcnt by thc Lcgi3laturc . Page 8 of 15 CODING: Words Stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 233 o. The home addresses, telephone numbers, dates of birth, 234 and photographs of current or former personnel of the Department 235 of Health whose duties include, or result in, the determination 236 or adjudication of eligibility for social security disability 237 benefits, the investigation or prosecution of complaints filed 238 against health care practitioners, or the inspection of health 239 care practitioners or health care facilities licensed by the 240 Department of Health; the names, home addresses, telephone 241 numbers, dates of birth, and places of employment of the spouses 242 and children of such personnel; and the names and locations of 243 schools and day care facilities attended by the children of such 244 personnel are exempt from s . 119 . 07 ( 1) and s . 24 (a) , Art . I of 245 the State Constitution. Thia sub 3ubparagraph i3 3ubjcct to the 246 Opcn Covcrnmcnt Sun3ct Review Act in accordancc with 3 . 119 . 15 247 and Shall Stand repealed on October 2, 2019, unlc33 reviewed and 248 3avcd from repeal through reenactment by thc Lcgi3laturc . 249 p. The home addresses, telephone numbers, dates of birth, 250 and photographs of current or former impaired practitioner 251 consultants who are retained by an agency or current or former 252 employees of an impaired practitioner consultant whose duties 253 result in a determination of a person' s skill and safety to 254 practice a licensed profession; the names, home addresses, 255 telephone numbers, dates of birth, and places of employment of 256 the spouses and children of such consultants or their employees; 257 and the names and locations of schools and day care facilities 258 attended by the children of such consultants or employees are 259 exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 260 Constitution . Thi3 3ub 3ubparagraph i3 3ubjcct to thc Opcn 261 Government Sun3ct Review Act in accordancc with 3 . 119 . 15 and Page 9 of 15 CODING: Words Stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 262 shall stand rcpcalcd on October 2, 2020, unless rcvicwcd and 263 saved from rcpcal through rccnactmcnt by thc Legislature . 264 q. The home addresses, telephone numbers, dates of birth, 265 and photographs of current or former emergency medical 266 technicians or paramedics certified under chapter 401; the 267 names, home addresses, telephone numbers, dates of birth, and 268 places of employment of the spouses and children of such 269 emergency medical technicians or paramedics; and the names and 270 locations of schools and day care facilities attended by the 271 children of such emergency medical technicians or paramedics are 272 exempt from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 273 Constitution. This sub subparagraph is subject to thc Opcn 274 Covcrnmcnt Sunset Review Act in accordance with s . 119 . 15 and 275 shall stand rcpcalcd on October 2, 2021, unless rcvicwcd and 276 saved from rcpcal through rccnactmcnt by thc Legislature . 277 r . The home addresses, telephone numbers, dates of birth, 278 and photographs of current or former personnel employed in an 279 agency' s office of inspector general or internal audit 280 department whose duties include auditing or investigating waste, 281 fraud, abuse, theft, exploitation, or other activities that 282 could lead to criminal prosecution or administrative discipline; 283 the names, home addresses, telephone numbers, dates of birth, 284 and places of employment of spouses and children of such 285 personnel; and the names and locations of schools and day care 286 facilities attended by the children of such personnel are exempt 287 from s . 119 . 07 (1) and s . 24 (a) , Art . I of the State 288 Constitution . This sub subparagraph is subject to thc Opcn 289 Covcrnmcnt Sunset Rcvicw Act in accordance with s . 119. 15 and 290 shall stand rcpcalcd on October 2, 2021, unless rcvicwcd and Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 291 wed from rcpcal through rccnactmcnt by thc Legislature . 292 s . The home addresses, telephone numbers, dates of birth, 293 and photographs of current or former directors, managers, 294 supervisors, nurses, and clinical employees of an addiction 295 treatment facility; the home addresses, telephone numbers, 296 photographs, dates of birth, and places of employment of the 297 spouses and children of such personnel; and the names and 298 locations of schools and day care facilities attended by the 299 children of such personnel are exempt from s . 119 . 07 ( 1) and s . 300 24 (a) , Art . I of the State Constitution. For purposes of this 301 sub-subparagraph, the term "addiction treatment facility" means 302 a county government, or agency thereof, that is licensed 303 pursuant to s . 397 . 401 and provides substance abuse prevention, 304 intervention, or clinical treatment, including any licensed 305 service component described in s . 397 . 311 (26) . This sub 306 subparagraph is subject to thc Open Government Sunset Review Act 307 in accordance with s . 119 . 15 and shall stand repealed on October 308 2, 2023, unless reviewed and saved from rcpcal through 309 rccnactmcnt by thc Legislature . 310 t . The home addresses, telephone numbers, dates of birth, 311 and photographs of current or former directors, managers, 312 supervisors, and clinical employees of a child advocacy center 313 that meets the standards of s . 39 . 3035 (1) and fulfills the 314 screening requirement of s . 39 . 3035 (2) , and the members of a 315 child protection team as described in s . 39 . 303 whose duties 316 include supporting the investigation of child abuse or sexual 317 abuse, child abandonment, child neglect, and child exploitation 318 or to provide services as part of a multidisciplinary case 319 review team; the names, home addresses, telephone numbers, Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 320 photographs, dates of birth, and places of employment of the 321 spouses and children of such personnel and members; and the 322 names and locations of schools and day care facilities attended 323 by the children of such personnel and members are exempt from s . 324 119 . 07 (1) and s . 24 (a) , Art . I of the State Constitution. This 325 sub subparagraph is subject to thc Open Government Sunset Review 326 Act in accordance with s . 119 . 15 and shall Stand repealed on 327 October 2, 2023, unless reviewed and saved from repeal through 328 reenactment by thc Legislature . 329 3 . An agency that is the custodian of the information 330 specified in subparagraph 2 . and that is not the employer of the 331 officer, employee, justice, judge, or other person specified in 332 subparagraph 2 . shall maintain the exempt status of that 333 information only if the officer, employee, justice, judge, other 334 person, or employing agency of the designated employee submits a 335 written request for maintenance of the exemption to the 336 custodial agency. 337 4 . An officer, an employee, a justice, a judge, or other 338 person specified in subparagraph 2 . may submit a written request 339 for the release of his or her exempt information to the 340 custodial agency. The written request must be notarized and must 341 specify the information to be released and the party that is 342 authorized to receive the information. Upon receipt of the 343 written request, the custodial agency shall release the 344 specified information to the party authorized to receive such 345 information. 346 5 . The exemptions in this paragraph apply to information 347 held by an agency before, on, or after the effective date of the 348 exemption. Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 349 6 . This paragraph is subject to the Open Government Sunset 350 Review Act in accordance with s . 119 . 15 and shall stand repealed 351 on October 2, 2024 , unless reviewed and saved from repeal 352 through reenactment by the Legislature . 353 Section 2 . (1) The Legislature finds that it is a public 354 necessity to define the term "home addresses" for purposes of 355 the public records exemptions for agency personnel information 356 under s . 119 . 071 (4 ) (d) , Florida Statutes . The public records 357 exemptions for agency personnel information protect identifying 358 and location information of numerous types of personnel, 359 including, but not limited to, current or former law enforcement 360 officers, investigative personnel, state attorneys and 361 prosecutors, public defenders, guardians ad litem, Supreme Court 362 justices, various judges, and the spouses and children of such 363 personnel . The Legislature has previously recognized that such 364 personnel and their family members are at a heightened risk of 365 physical and emotional harm from disgruntled individuals who 366 have contentious reactions to actions taken by such personnel, 367 or whose business or professional practices have come under 368 scrutiny of such personnel, and, as a result, has enacted 369 various public records exemptions . While home addresses of such 370 personnel and their family members are already exempt from s . 371 119 . 07 (1) , Florida Statutes, and s . 24 (a) , Article I of the 372 State Constitution, the current exemptions do not provide 373 protection for various forms of descriptive property information 374 that may be used on its own, or in conjunction with other 375 information, to reveal the home addresses that otherwise should 376 be protected from public disclosure. Therefore, the Legislature 377 finds that it is a public necessity to specifically define the Page 13 of 15 CODING: Words etrickcn are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 378 term "home addresses" so that the safety and privacy of various 379 personnel and their family members are not compromised. 380 (2 ) The Legislature further finds that it is a public 381 necessity that the home addresses, telephone numbers, dates of 382 birth, and photographs of active or former civilian personnel 383 employed by a law enforcement agency; the names, home addresses, 384 telephone numbers, photographs, dates of birth, and places of 385 employment of the spouses and children of such personnel; and 386 the names and locations of schools and day care facilities 387 attended by the children of such personnel be exempt from public 388 records requirements . Existing law already provides that the 389 identifying and location information of active or former 390 civilian law enforcement personnel and their spouses and 391 children are exempt from public records requirements . The 392 amendment made by this act further specifies that any active or 393 former civilian personnel employed by a law enforcement agency 394 and their spouses and children are entitled to the protections 395 of the public records exemption. The civilian personnel of law 396 enforcement agencies perform a variety of important duties that 397 ensure public safety and welfare and encourage safe and secure 398 communities . As a result of such duties, these civilian 399 personnel often come into close contact with individuals who not 400 only may be a threat to those personnel, but who might also seek 401 to take revenge against them by harming their spouses and 402 children. The Legislature finds that modifying the public 403 records exemption to apply to all active or former civilian 404 personnel employed by a law enforcement agency and their spouses 405 and children will serve the public interest by further ensuring 406 the safety of such personnel . Page 14 of 15 CODING: Words 3trickcn are deletions; words underlined are additions . ENROLLED 2019 Legislature CS for CS for CS for SB 248 2019248er 407 Section 3 . This act shall take effect July 1, 2019 . Page 15 of 15 CODING: Words 3trickcn are deletions; words underlined are additions .