Florida Information Associates

Florida Legislature

Staff Analyses

1993 Sessions

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1993 Session Law Number

S 42-B GENERAL B1LL/CS/2ND ENG by Rules and Calendar; Thomas; (CO-SPONSORS) Holzendor!; Williams; Dyer; Meadows; Jones; Grogan; Forman; Weinstein; Turner; Dantzler; Kurth; Johnson; Childers

Criminal Justice & Corrections; creates Task Force for Review of Criminal Jus. tice & Corrections Systems; provides for composition of task force & for term of task force; provides for organization & compensation; provides for powers & du­ties; clarifies traffic enforcement powers of certain law enforcement officers; ex· panda definition of "criminal justice agency", etc. Amends 316.640, 119.011,.07. Effective Date: 06/09/93. 05/24/93 SENATE Filed 05/25/93 SENATE Introduced, referred to Rules and Calendar-SJ 00041, -SJ

I 00009; On Committee agenda-Rules and Calendar, 05/26/93, 9:00 am. Room-A(LL-37)

05/26/93 SENATE Comm. Action:-CS by Rules and Calendar -SJ 00050; CS read first time on 05/26/93 -SJ 00052; Placed on Calendar -SJ 00050; Placed on Special Order Calendar -SJ 00045; Amendment(s) adopted -SJ 00049; Amendment(s) failed -SJ 00049; CS passed as amended; YEAS 32 NAYS 6 -SJ

05/'1:7/93 HOUSE 05/27/93 SENATE 05/27/93 HOUSE

00050. -SJ 00080In MessagesRequested House to return -SJ 00082Returned -HJ 00081; Reconsidered -HJ 00082; Refused toreturn -HJ 00082; Received, placed on Calendar -HJ 00084; Read second time; Amendment(s) adopted -HJ00084; Read third time -HJ 00086; CS passed as amended; /YEAS 99 NAYS 8 -HJ 00087

05/28/93 SENATE In returning messages; Was taken up -SJ 00149; Con· curred; CS passed as amended; YEAS 37 NAYS O -SJ 00151, -SJ 00153; Ordered engrossed, then enrolled -SJ 00151

06/02/93 Signed by Officers and presented to Governor 06/09/93 Approved by Governor; Chapter No. 93-404

NOTES: Above bill history from Division of Legislative Information's FINAL LEGISLA­

TIVE BILL INFORMATION, 1993 SESSIONS. Staff Analyses for bills amended beyond

final committee action may not be in accordance with the enacted law. Journal page

numbers (HJ & SJ) refer to daily Journals and may not be the same as final bound

Journals.

REVISED: BILL NO. SB 42-B

Page _1_ DATE: May 25, 1993

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

ANALYST

1. Wilson

STAFF DIRECTOR

Krasovsky 1 •

REFERENCE ACTION

RC Fav/CS 2. 2. 3. 3.

4. 4.

SUBJECT: BILL NO. AND SPONSOR:

Criminal Justice and Corrections

I. SUMMARY:

A. Present Situation:

SB 42-B by Senator Thomas

The making of criminal justice policy in Florida isfundamentally a horizontal undertaking with many co-equalconstitutional jurisdictions exercising the prerogatives oftheir offices to establish norms within the overall sentencingstructure provided by the Legislature. There is no commonfinancial or organizational linkage, other than a uniformsentencing code and a unified trial and appellate court system,which establishes that their unique prerogatives must achieve aconsistent and well-integrated result.

Studies of the criminal justice system are legion in thisnation and state, with several dozen having been initiated orpresented to the Florida Legislature since 1973. Many of thestudy reports concentrate on organizational changes withinexisting jurisdictions, shifting particular responsibilitiesamong different components of the system. This is besttypified by the creation of a Department of Corrections in 1975out of a larger Department of Health and RehabilitativeServices. Some systemic changes are functional as in the stateassumption of juvenile delinquency services from the countiesor the termination of state support of misdemeanor supervisionservices in the county courts. Still others take advocacypositions on particular program components which should beaddressed, such as the development of non-monetary bail systemsor drug intervention and treatment services for selectedoffense types.

State appropriations for adult prisons has customarily reliedupon the private sector for construction but the public sectorfor funding and management. A budding industry has developedduring the past decade in which private sector companies haveendeavored to provide a full range of detention services topublic jurisdictions - from financing through management - andthey have provided services to a number of states. Use ofprivate management contracts has been the accepted method ofbusiness in juvenile justice for the past two decades as thetraining, or reform, school model fell into disrepute.Networks of loosely affiliated vendors now provide the majorityof juvenile residential treatment services in the State ofFlorida subject to contract and performance monitoring by theDepartment of Health and Rehabilitative Services (DHRS).

The Department of Corrections has private sector-basedmanagement contracts in several of its facilities and hasdeveloped published guidelines on which it evaluates the costeffectiveness of contracted services but has limited itsinvolvement to administrative support services. The agency hasmedical contracts at virtually all of its facilities for theprovision of outside and specialty care; has a contract vendorsupplying all medical services at one institution, has

REVISED: BILL NO. SB 42-B

Page �2-DATE: May 25, 1993

institutional meal providers at other institutions, and retains the DHRS as a vendor for the provision of mental health care at its institution for the acutely mentally ill.

The state has historically funded its prison construction through the General Revenue Fund and until the passage of the 1993 General Appropriations Bill the state has chosen not to incur long-term debt and finance its prison construction through the issuance of tax-exempt bonds.

Beginning in 1989 the Legislature attempted to authorize several major prison facilities through proviso language in the General Appropriations Act. Only one of the three has come to any semblance of implementation as bid protests, budget reductions and problems with the calculation of benchmark costs halted the projects and eroded the interests of the private parties.

Chapter 89-526, Laws of Florida, created s. 944.710-719, F.S., which governs the private operation of state correctional facilities. Specifically, the current law requires bidder and private vendor qualifications, requires insurance against liability, mandates certain standards of operation, prohibits the delegation of authority for certain release decisions, specifies contract termination procedures, prohibits certain conflicts of interest, and requires the Department of Corrections to adopt rules, conduct monitoring and make certain reports. These sections of law have not been applied since no privately operated state correctional facility exists.

B. Effect of Proposed Changes:

The bill creates a Task Force for the Review of the CriminalJustice and Corrections Systems within the Office of theAttorney General. The organization is an appointed bodyconsisting of two Senators, two Representatives, the chancellorof the State University System, the Executive Director of theCommunity College Coordinating Council, one state attorney, 2judges, one victims' rights advocate, one member of the ParoleCommission, one sheriff, and one public defender. The TaskForce shall serve from July 1, 1993 through sine die of the1995 Regular Session of the Legislature.

The Task Force is empowered to conduct relevant studies of thestate criminal justice system and those of other jurisdictions,constitutional, common law, and statutory provisions, and suchother endeavors as it deems of research import in order todevelop a five-year corrections plan which is financiallysustainable.

Among the specific charges to the Task Force are:

1. The adequacy of management effort and existing law in thesiting of correctional facilities:

2. Alternatives to incarceration including both structural andprogrammatic resources:

3. An examination and evaluation of the parole and probationsystem to include structural changes to align presentservices with a different branch of government;

4. An examination and evaluation of drug treatment programsincluding the opportunity costs of not treating substanceabuse problems;

5, The utilization of advanced technology for corrections application:

6. The utilization of facilities by the Department ofCorrections and internal classification procedures;

REVISED: BILL NO. SB 42-B

Page 3 DATE: May 25, 1993

7. The application of private sector management strategieswhich could displace or modify existing public correctionalmanagement practices;

8. Evaluation of theories of criminal behavior and theattainment of measurable objectives of effectiveness;

9. The feasibility of transferring reduced custody workcenters to local governments;

10. An examination of current construction methoda used in thestate correctional system;

11. The utilization of existing bedspace in the state prisonsystem and its method of calculation;

12. The effect of Eighth Amendment litigation on the managementof the state corrections agency; and

13. Examine and evaluate those factors which tend to generatecriminal activity.

The Task Force shall be prepared to recommend changes in the criminal law and to suggest changes to the Legislature and a continuing oversight body such as that patterned after the Florida Transportation Commission. Recommendations shall address methods of dealing with juvenile offenders.

The Task Force has the power to subpoena witnesses and records and to make application in the circuit court for punishment for contempt for failure to abide by same. Chapter 120 proceedings do not apply to the proceedings of the Task Force.

The Task Force shall provide an interim report by January 15, 1994 and a final report one year later. The sum of $500,000 is appropriated for operations of the Task Force.

The bill creates Correctional Privatization Commission Act, Chapter 957, Florida Statutes, to authorize the development of private sector initiatives in the provision of bedspace and prison construction financing. The erosion of the creation of a sufficient amount of bedspace to house those convicted of crimes in prior years and to the requirements of federal court orders has created a state correctional system which relies upon early release initiatives to compensate for the lack of bedspace. The result is a lessening of the deterrent value of a criminal sanction. The bill proposes to create an independent commission to issue requests for proposals and to be the operational authority for the development of private sector adult prison facilities. The following sections are created.

957.02 - Definitions of the Commission and the Department.

957.03 - Correctional Privatization Commission. The Commission is a gubernatorially-appointed, five-member Authority with defined terms of office which shall be the contracting for private prisons.

957.04 - Contract Requirements. Contract negotiated under the chapter shall be with the firm found by the Commission to be the most qualified; such a firm must meet four criteria on qualifications, construction expediting, past performance, and compliance with existing law. The contract must indemnify the state for liability with insurance in an amount to be determined by the Commission. The contractor must seek, obtain, and maintain professional accreditation by the American Correctional Association for its facilities and management plans. Contractors are responsible for the development of program services to include work and educational programs designed to reduce recidivism. The Commission shall appoint a contract monitor to be housed at the expense of the contractor. Contracts shall include in its requests for proposals language authorizing the use of tax-exempt financing.

REVISED: BILL NO. SB 42-B

Page 4 DATE: May 25, 1993

957.05 - Contractor Requirements. Each contractor is tort liable and may not avail itself of sovereign immunity protections. Contractor employee training requirements shall be at least equivalent to those required of similarly situated employees of the Department of Corrections, or those of the American Correctional Association whichever is more stringent, and are to be assumed by the contractors. Use of force policies applicable to departmental employees shall apply equally to those of the contractor.

957.06 - Powers and Duties. No contractor may exercise any authority in the following areas: classification �f prisoners; transfer of prisoners; development of inmate standards of conduct; disciplinary action; recommendations to the Parole Commission on release from custody; development of procedures for sentence reduction; or the determination of any release from custody.

957.07 - Cost Saving Requirements. The Commission must be satisfied that any contract achieves at least a 10% equivalent reduction in costs after its assessment of all of the relevant comparable components in the inmate daily operating expense. All administrative costs, including those of the contract monitor, and tax payments required if the contractor, by virtue of its incorporation status, shall be assigned a weight.

957.08 - Capacity Requirements. The DOC shall assign inmates to such facilities at a rate to be determined by the Commission, in an amount not less than 90% of lawful capacity but not exceeding that capacity.

Each of the first two facilities shall have a capacity of at least 750 inmates. The request for proposals shall be issued by August 19, 1993, bids are due by October 1, 1993, and contracts shall be awarded by November 1, 1993 to be executed by December 1, 1993. Occupancy must be accomplished by March 1, 1995.

II. ECONOMIC IMPACT AND FISCAL NOTE:

A. Public:

Any direct costs or savings to the general public are afunction of the assumptions made about their economicincidence. A contractor availing itself of tax-exemptfinancing achieves operating savings in the calculated per diemwhich acts as a detriment to the federal treasury since thesewould be receipts not received. By the same token these taxexpenditures are translated into cost savings at the statelevel since they are reflected in lower per diem costs to beassumed by the state for reimbursement.

A conventional benchmark used in the private corrections sectoris that the total cost savings to be realized is in the 3% to5% range. As there is no proposal for specific funding in thislegislation it is possible at this point to only suggest that asimilarly situated public facility would have its calculatedoperational costs elevated by that amount. While the DOC canbuild facilities at competitive costs due to its extensive useof inmate labor and tax-exempt status vendors have suggestedthat they can compete favorably on the basis of total payrollcosts and staffing ratios.

B. Government:

The bill contains a separate appropriation of $500,000.

III. MUNICIPALITY/COUNTY MANDATES RESTRICTIONS:

None.

IV. COMMENTS:

REVISED: BILL NO. SB 42-B

Page 5 DATE: May 25, 1993

Senate Bill 32-B provides for the creation of a Privatization Commission whose task is the implementation of two major prison facilities. This differs from the position taken in this bill which proposes to study privatization but not to take any final action. The differences need to be reconciled.

Provisions in this bill provide some sweeping powers to the Task Force in the compelling of testimony and in the administrative determination of confidentiality. The appropriateness of this delegation of authority needs to be examined not only from the standpoint of legality but also from the internal Senate position on the public accessibility of records. The following comments on this issue are derived from the February 24, 1993 Senate Analysis of Senate Bill 1210 in the Governmental Operations Committee:

In November 1992, Florida's voters approved a constitutional amendment which guarantees public access to records of local governments and of the executive, legislative, and judicial branches of state government. The amendment, which becomes effective July 1, 1993, allows the Legislature to exempt by law specific records from public access. The amendment restricts exemptions provided by law, however, by requiring that such laws state with specificity the public necessity justifying the exemption and by requiring that exemptions "· • . be no broader than necessary to accomplish the stated purpose of the law. "

By memorandum to Senate committee staff directors dated February 15, 1993, the senate President stated, (I)t will be senate policy during my tenure as President to review every proposed exemption as though the constitutional amendment were now in effect."

V. AMENDMENTS:

None.

' 1:1-101-

· **FAILED TO PASS THE LEGISLATURE**STORAGE NAME: h0253slz.go **SEE FINAL ACTION SECTION** DATE: April 15, 1993 ,.

HOUSE OF REPRESENTATIVES COMMITTEE ON

GOVERNMENTAL OPERATIONS FINAL BILL ANALYSIS & ECONOMIC IMPACT STATEMENT

BILL#: CS/HB 253

RELATING TO: Revises the exemption from public records requirements for personal information

SPONSOR(S): Committee on Governmental Operations and Representative Brown and others

STATUTE(S) AFFECTED: 119.07, 281.301

COMPANION BILL(S): SB 446 (s)

ORIGINATING COMMITTEE(S)/COMMITTEE(S) OF REFERENCE: (1) GOVERNMENTAL OPERATIONS YEA 18 NAY 0

. ( 2) (3) (4) (5)

*****************************************************************

I. SUMMARY:

This committee substitute makes consistent the types of identifyinginformation exempted from the public records law and adds socialsecurity numbers as an exemption. Home addresses, home telephonenumbers, social security numbers and photographs are exempt regardinglaw enforcement officers, certain personnel of the Department ofHealth and Rehabilitative Services, certain Department of LawEnforcement Personnel, firefighters, and justices and judges. Thiscommittee substitute also provides consistent exemptions regardinginformation with respect to the dependents and spouses of thosepersons just listed. This committee substitute further providesthat: pursuant to a written request by a former officer, an agencymust maintain as .·confidential the name, address and telephone numberof the former officer's current place of employment; a governmentalentity employing an officer or employee as defined must maintain thespecified identifying information as confidential and exempt, releasethe identifying information upon receipt of written permission fromth� affected person, and, release identifying information to anothergovernmental entity, pursuant to written request, if needed; and, anon-employing governmental entity will maintain the confidentialityof certain identifying information only pursuant to written request.

This committee substitute authorizes release of confidentialinformation relating to certain security systems to law enforcementagencies, if there is a legitimate need for that information. Thelaw enforcement agency receiving the information must maintain theconfidentiality of that information.

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II. SUBSTANTIVE ANALYSIS:

A. PRESENT SITUATION:

Introduction

Public policy of Florida has greatly favored public access to governmental records and meetings; the "Sunshine State" has been a national leader in the area of open government. The law embodying the public's right of access to records is codified at s. 119.01, F. S.:

It is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person.

This provision is mandatory and any public official with custody of a nonexempt public record is required to disclose it to any member of the public. Records are exempt from public disclosure pursuant to chapter 119, F.S., only if it is provided by law that the public records are confidential or are expressly exempted from disclosure by general or special law. Exemptions are found both in s. 119.07(3), F.S., and in various other sections of general and special law.

Section 286.011, F.S., provides that governmental meetings be open to the public unless specifically exempted from this requirement. This provision is also mandatory. Specific exemptions to this requirement appear in various sections of general and special law. In 1984, the Legislature enacted the Open Government Sunset Review Act to prevent the erosion of Florida's open government policy caused by unjustified exemptions to the public records and public meetings laws. As amended by chapter 85-301, L.O.F., the Act provides specific criteria for the evaluation of exemptions subject to repeal. The law also requires consideration of four factors:

What specific records or meetings are affected by the exemption?

Whom does the exemption uniquely affect, as opposed to the general public?

What is the identifiable public purpose or goal of the exemption?

Can information contained in the records or discussed in the meeting be readily obtained by alternative means? If so, how?

The Act requires that the exemption will be created or maintained only if it serves an identifiable purpose. An identifiable public purpose is served when the exemption meets one of the following purposes and such purpose is considered significant enough to

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override the strong public policy of open government. To qualify as meeting a public purpose, an exemption must:

allow the state or its political subdivisions to effectively and efficiently administer a governmental program, which administration would be significantly impaired without the exemption; Q.!:

protect information of a sensitive personal nature concerning individuals if its release would be defamatory to such individuals or cause unwarranted damage to the good name or reputation of such individuals, or its release would jeopardize the safety of such individuals; however, only information that would identify the individuals may be exempted; Q.!:

protect information of a confidential nature concerning entities which include formulas, patterns, devices, combination of devices, or compilation of information which is used to protect or further a business advantage over those who do not know or use it if its disclosure would injure the affected entity in the marketplace.

Exemptions which meet any of these criteria may be created or maintained; with respect to this bill, additional exemptions are being added to existing exemptions found in s. 119.07(3)(k), F.S. CS/HB 253 is not a reenactment.

Under the provisions of the Act, exemptions to the public records law regarding disclosure of social security numbers and other identifying information for certain officers and employees have been reviewed. Also the disclosure of security systems information to law enforcement agencies has been reviewed. These reviews appear below.

Exemption of Personal Information

Section 119.07(k), F.S., presently expressly exempts from public inspection:

(1) the home addresses, telephone numbers, and photographsof, active or former law enforcement personnel; personnel of the Department of Health and Rehabilitative Services whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities; firefighters; and the home addresses, telephone numbers, photographs, and places of employment of the spouses and children of all of the foregoing personnel and employees and the names and locations of schools and day care facilities attended by their children; and

(2) The home addresses and telephone numbers of justices ofthe Supreme Court, district court of appeal judges, circuit court judges and county court judges; the home addresses, telephone numbers, and places of employment of the spouses and children of the justices and judges; and the names and locations of schools

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and day care facilities attended by the children of the justices and judges.

Section 119.07(k), F.S., does not currently exempt social security numbers nor provide for release of the described identifying information pursuant to a written request by the person affected, nor does it provide for release of the identifying information to another governmental entity. The current law also does not mandate that a written request be filed with a non-employing governmental entity in order for the above-described identifying information not to be released.

Exempting the above-described identifying information with regard to active or former law enforcement personnel, certain Department of Health and Rehabilitative Services' personnel, firefighters, certain Department of Law Enforcement personnel, justices, and judges pro�ects the safety of these individuals. By virtue of the nature of their employment, it is important to protect identifying information from disclosure which would aid others in locating these individuals and their families for improper purposes.

Security Systems Information

Section 281.301, F.S., presently provides that information relating to security systems for any property owned by or leased to the state or any of its political subdivisions and for any privately owned or leased property, as well as meetings relating directly to or that would reveal such information, are confidential and exempt from ss. 119.07(1), and 286.011, F.S., and other laws and rules requiring public access or disclosure. To disclose security systems information to the public would breach the very purpose of a security system and would jeopardize the safety of the individuals relying on the effectiveness of the security system.

The current security systems provisions do not provide for release of security systems information to law enforcement agencies.

B. EFFECT OF PROPOSED CHANGES:

Exemption of Personal Information

Section 119.07(3)(k)l.a., F.S., replaces the generic reference to "active or former law enforcement personnel" found in the existing law with specific reference to: 1) active or former law enforcement officers as defined in s. 943.10(1), F.S., 2) other active or former officers as defined in s. 943.10(14), F.S., 3) and to personnel of the Department of Law Enforcement, when enumerating the identifying information exemptions already provided for in subsection (3)(k).

A "law enforcement officer" is defined in s. 943.10(1), F.S., as any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision who is

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vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws. Also included are certified supervisory and command personnel. An "officer" as defined in s. 943.10(14), F.S., is a full-time, part­time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.

Law enforcement staff state that the purpose of the clarification as to precisely who the "law enforcement personnel" were that were protected was not an effort to modify or enlarge the group of protected "law enforcement personnel", but to clearly state who the protected personnel were, which includes correctional and correctional probation officers.

Section 119.07(3)(k)l.a., F.S., adds social security numbers to the list of exempt identifying information. According to law enforcement staff, social security numbers are being used to access other personal information from the Social Security offices in the state; information provided included current and former addresses and phone numbers. Dissemination of this type of information �o the public jeopardizes the safety of law enforcement personnel as well as the other employees identified. This section also specifies that it is the officers and employees' home telephone numbers and their spouses and childrens' home and business telephone numbers which are exempt; the existing law simply exempts "telephone numbers".

Additionally, s. 119.07(3)(k)l.a., F.S., makes consistent the identifying information exemptions with regard to law enforcement officers; Department of Health and Rehabilitative Services personnel whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities; personnel of the Department of Law Enforcement whose duties include the investigation of criminal activities; firefighters; and justices and judges. The exempt information is home addresses, home telephone numbers, social security numbers and photographs.

Section 119.07(3)(k)l.b., F.s., makes consistent that it is the home addresses, home and business telephone numbers, photographs and places of employment of the spouses and children of the officers and employees above listed which are exempt from public disclosure and also exempts their social security numbers. This section also incorporates existing law which provides that the names and locations of schools and day care facilities attended by the children of the officers and employees listed are exempt from public disclosure.

Section 119.07(3)(k)2., F.S., provides that an agency must maintain as confidential the name, address, and telephone number of the current place of employment of any former officer so requesting in writing. The effect of this provision is to broaden the scope of personal protection provided a former officer if the former officer determines that this additional protection is needed.

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Exemption of identifying information, such as social security numbers and certain telephone numbers as described above, is essential for employee protection which translates into more confident performance of duties and less disruption of governmental responsibilities. These exemptions serve not only the public's best interests but also protect the safety of the individuals involved.

Section 119.07(3)(k)3., F.S., reiterates that an employing governmental entity must keep confidential and exempt the identifying information described. This section also provides that in order for the identifying information exempted pursuant to s. 119.07(3)(k)l., F.s., not to be released by a non-employinggovernmental entity which has custody of such information, theaffected person or the affected person's employer must submit awritten request to the non-employing, custodian governmentalentity requesting confidentiality. Staff indicate that thisprovision was included to protect a non-employing, custodiangovernmental entity from inadvertently violating exemptionrequirements by releasing such identifying information because thegovernmental entity was unaware that the information requested wasregarding active or former law enforcement officers, active orformer officers, certain Department of Health and RehabilitativeServices personnel, certain personnel of the Department of LawEnforcement, firefighters, justices, or judges. Such a provisionaids in the efficient and effective implementation of the law.

Section 119.07(3)(k)3., F.S., also provides for release of exempted identifying information pursuant to the affected person's written request; and, to another governmental entity if that governmental entity makes a written request and the employing governmental entity determines that there is a legitimate need for such information. The receiving governmental entity must protect the confidentiality of that information, however.

Releasing the personal information exempted to governmental entities that show a legitimate need for such information again furthers the effective and efficient performance of governmental responsibilities. The requirement that the receiving governmental entity maintain the confidentiality of received information continues to protect from public disclosure the identifying information exempted.

Based on an analysis of the requirements of Chapter 119, Florida Statutes, it is recommended that the exemptions as described above be adopted.

Security Systems Information

Section 281.301, F.S., narrows the current statutory exception to s. 286.011, F.S., open meetings requirement with respect todiscussions of security systems for any property owned by orleased to the state or any of its political subdivisions or anyprivately owned or leased property. The current law essentiallyprovides that meetings relating directly to or that would reveal

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such systems or information are not open to the public. The bill revises that language to only close "those portions" of meetings which relate directly to or which would reveal security systems information.

Narrowing when public meetings are closed to the public to only "those portions" of the meetings wherein confidential and exempt security systems information is discussed, more rigorously comports with the public policy of open governmental meetings as required by s. 286.011, F.S.

section 281.301, F.S., adds the provision that agencies that have confidential security systems information may release that information to a law enforcement agency determined to have alegitimate need for that information. The receiving law enforcement agency, however, must maintain the confidentiality of that information.

Allowing access to security systems information by a law enforcement agency is necessary when there is, for example, a security systems breach or malfunction which would necessitate law enforcement assistance. Release of such information meets the identifiable public purpose of allowing law enforcement to more effectively and efficiently administer their duties which includes protection of persons and property.

In summary, the proposed changes to s. 281.301, F.s., as provided by CS/HB 253 are recommended.

C. SECTION-BY-SECTION ANALYSIS:

Section 1 of this committee substitute provides as follows:

Section 119. 07 ( 3) ( k) 1. a., F. S., exempts from the public records law social security numbers and makes consistent the exemptions of home addresses, home telephone numbers, and photographs with respect to law enforcement officers, certain personnel of the Department of Health and Rehabilitative Services, personnel of the Department of Law Enforcement whose duties include the investigation of criminal activities, firefighters, and justices and judges.

Section 119.07(3}(k)l.b., F.S., makes consistent that it is the home addresses, home and business telephone numbers, photographs and places of employment of the spouses and children of the officers and employees identified in (k)l.a. which are exempt from public disclosure and also adds that their social security numbers are exempt. Also the names and locations of schools and day care facilities attended by the children of the officers and employees listed are exempt from public disclosure.

Section 119.07(3)(k)2., F.S., provides that an agency must maintain as confidential the name, address and telephone number of the current place of employment of a law enforcement officer if requested to do so by the law enforcement officer.

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section 119.07(3)(k)2., F.s., creates a new provision which reiterates that governmental entities employing law enforcement officers and other officers, certain personnel of the Department of Health and Rehabilitative Services, certain personnel of the Department of Law Enforcement, firefighters, justices and judges, must keep the identifying information described in s. 119.07(3)(k)l., F.S., confidential and exempt from public disclosure. Section 119.07(3)(k)2., F.s., adds, however, that governmental entities that do not employ these persons must keep the described identifying information confidential only if the persons affected, or their employing governmental entity, make such a request in writing. Section 119.07(3)(k)2, F.s., also adds that a governmental entity employing the persons described whose identifying information is exempt, may release such information upon receipt of written permission by the affected persons to do so. Additionally, upon receipt of a written request· from another governmental entity, the employing entity may release exempt identifying information if it is determined that there is a legitimate need for release of that information; and, the receiving governmental entity must maintain the confidentiality of that information.

Section 2 of this committee substitute provides as follows:

Section 281.301, F.s., clarifies that information relating to security systems for any property owned by or leased to the state or any of its political subdivisions or security systems for any privately owned or leased property is confidential and exempt from s. 119.07(1), F.s., the public records law, and that meetingswhere this type of information is revealed are closed and exemptfrom s. 286.011, F.S., the public meetings law. Section 281.301,F.s., narrows the meeting exemption by closing and exempting justthose portions of the meetings relating to security systemsinformation. Section 281.301, F.S., adds the provision thatagencies with such confidential information regarding securitysystems may release that information to a law enforcement agencyif it is determined that there is a legitimate need to release theconfidential information, however, the law enforcement agencyreceiving the information must maintain its confidentiality.

Section 3 of this committee substitute provides that this act shall take effect upon becoming a law.

III. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT:

A. FISCAL IMPACT ON STATE AGENCIES/STATE FUNDS:

Administrative costs do occur in identifying and isolatinginformation in state agency records and local governmental agencyrecords which are exempt from public inspection. The costs aregenerally fairly small, and it is uncertain whether any additionalstaff would be required to process public information requests andprotect exempt information.

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1. Non-recurring Effects:

2. Recurring Effects:

3. Long Run Effects Other Than Normal Growth:

4. Total Revenues and Expenditures:

B. FISCAL IMPACT ON LOCAL GOVERNMENTS AS A WHOLE:

See statement above for III.A.

1. Non-recurring Effects:

2. Recurring Effects:

3. Long Run Effects Other Than Normal Growth:

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

None.

1. Direct Private Sector Costs:

2. Direct Private Sector Benefits:

3. Effects on Competition, Private Enterprise and EmploymentMarkets:

D. FISCAL COMMENTS:

None.

IV. CONSEQUENCES OF ARTICLE VII, SECTION 18 OF THE FLORIDA CONSTITUTION:

A. APPLICABILITY OF THE MANDATES PROVISION:

Not applicable.

B. REDUCTION OF REVENUE RAISING AUTHORITY:

C. REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES:

STANDARD FORM 11/90

STORAGE NAME: h0253slz.go DATE: April 15, 1993 PAGE 10

V. COMMENTS:

The Florida Department of Law Enforcement, the Policeman's BenevolentAssociation, the Fraternal Order of Police, the Florida PoliceChiefs' Association, the Florida Sheriffs' Association, and theFlorida Marine Patrol have been reported as being supportive of thisbill.

Senator Rick Dantzler sponsored a similar bill last year, SB 494, andis sponsoring a similar Senate bill this year, SB 446.

VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES:

On February 18, 1993, the Subcommittee on Governmental Accountability· passed HB 253 favorably with one amendment. On February 19, 1993,the Committee on Governmental Operations passed the one amendment toHB 253 which consolidated several of the paragraphs in the bill andmade consistent the types of information exempt from publicdisclosure with respect to law enforcement officers, certainpersonnel of the Department of Health and Rehabilitative Services,personnel of the Department of Law Enforcement whose duties includethe investigation of criminal activities; firefighters, justices, andjudges, and their spouses and children. The bill was reportedfavorably and the full Committee voted to incorporate the amendmentinto the bill as a committee substitute for HB 253.

On March 30, 1993, six amendments were passed on the floor of theHouse to CS/HB 253. The first amendment created two new sectionsstating the public purpose in providing for the confidentiality ofcertain identifying information; the second amendment provided thatthe Department of Highway Safety and Motor Vehicles would maintainthe confidentiality of personal information contained in its driverlicense and motor vehicle records about a member or former member ofthe Florida Highway Patrol only upon the written request of thatmember or former member; the third amendment allowed the AuditorGeneral's Medicaid Fraud Control Unit to procure a confidentialregistration certificate and registration license plate under afictitious name; the fourth amendment expressly included theDepartment of Corrections in the definition of "criminal justiceagency" found in s. 119.011(4), F.s., and revised the exemption fromthe public records requirements for documents which revealinformation relating to victims of crime as found in s. 119.07(4)(z),F.S.; the fifth amendment amended s. 946.517, F.S., which states thatcorporation records are public records, by providing that allfinancial, industry, and corporate records of the corporation must bemade available to the Auditor General, the Legislature, and theOffice of the Comptroller, and the amendment provided that all boardof directors' meetings of the corporation must be open to the public;and the sixth amendment added to the exemption from public disclosureof certain identifying information, local government personnel whoseduties included investigation of abuse and code inspectors.

STANDARD FORM 11/90

STORAGE 'NAME: h0253slz.go DATE: April 15, 1993 �AGE 11

VII. FINAL ACTION:

CS/HB 253 died in the Senate Committee on Governmental Operations. However, one provision of CS/HB 253 redefining "criminal justice agency" to include the Department of Corrections, is the sole subject matter of Senate Bill 1654 which passed both houses and was ordered enrolled on April 2, 1993.

VIII. SIGNATURES:

COMMITTEE ON GOVERNMENTAL OPERATIONS: Prepared by: Staff Director:

J. Marleen Ahearn Barry Kling

FINAL ANALYSIS PREPARED BY COMMITTEE ON GOVERNMENTAL OPERATIONS: Prepared by: Staff Director:

� Y1 ,1()

'----\- ){)1e.c1 kit. tZ1,Jl'f \.( tL 1,i�J� Marleen Ahearn

STANDARD FORM 11/90

**Partial copy - See Ch. 93-120 for complete copy**

STORAGE NAME: h212J.tr DATE: February 26, 1993

BILL#:

HOUSE OF REPRESENTATIVES COMMITTEE ON

TRANSPORTATION BILL ANALYSIS & ECONOMIC IMPACT STATEMENT

HB 2123 (PCB 93-02)

RELATING TO: Highway Safety and Motor Vehicles

SPONSOR(S): Committee on Transportation

93-404

STATUTE(S) AFFECTED: Chapters 207, 316, 318, 320, 322, and 324, and ss. 215.20, 319.25, 319.324, 321.23, and 627.733(7).

COMPANION BILL(S): SB 574

ORIGINATING COMMITTEE(S)/COMMITTEE(S) OF REFERENCE: (1) TRANSPORTATION 14 YEAS O NAYS ( 2 ) ( 3 ) ( 4 ) ( 5 }

***************************************************************************

I. SUMMARY:

The bill, cited as "The Highway Safety and Motor Vehicles Operationsand Efficiency Act of 1993," contains numerous provisions relating tothe Department of Highway Safety and Motor Vehicles (DHSMV}.Highlights of the bill include:

•TRUST FUNDS- The act integrates six trust funds that generateapproximately 50% of the agency's funding into the "Highway SafetyOperating" Trust Fund. The integration of these six trust funds willsimplify the agency's accounting and budgeting activities as well asfacilitate greater accuracy and efficiency.

•CHILD RESTRAINTS IN DAY CARE VANS- Included is language that willamend the uniform traffic code to require day care vans to providechild restraints.

•INTERNATIONAL FUEL TAX AGREEMENT (IFTA)- Numerous technical changes are included which allows DHSMV to comply with IFTA requirements. All states are required by 1992 federal legislation to join IFTA by September, 1996.

•$295 IMPACT FEE ENFORCEMENT- Authorizes compliance examiners to immobilize motor vehicles not registered as required by law, only after issuing a Notice of Violation and giving the owner 30 days to comply or prove that the vehicle is exempt from registration.

•LEASE TAGS- License plates on lease or rental vehicles will beprohibited from having any conspicuous identifying letters orphrases, other than those that appear on regular license plates.

•World Cup '94 License Plate- Creates the 17th specialized licenseplate, 114th plate overall, to fund Orlando's World Cup soccer games.

The bill generates, in FY 93-94, a net $4.5 million for the Highway Safety Operating T.F. and $6.9 million for tax collectors.

STANDARD FORM 11/90

REVISED: BILL NO. SB 446

Page DATE: February 10, 1993

SENATE STAFF ANALYSIS ANO ECONOMIC IMPACT STATEMENT

ANALYST STAFF DIRECTOR REFERENCE

1 • Tinney I.JY 2.

•

�

1 • .c.G..;.O ___ _

ACTION

Favorable 2.

3. 3.

4. 4.

SUBJECT: BILL NO. AND SPONSOR:

Public Records Exemptions for Law Enforcement and Other Officers

I. SUMMARY:

A. Present Situation:

SB 446 by Senator Dantzler

Chapter 119, F.S., the Public Records Law, requires governmentrecords to be open to public inspection and copying, except asotherwise specifically exempted by law. The term "publicrecord" is defined, in s. 119.011, F.S., to mean all documents,papers, letters, maps, books, tapes, photographs, films, soundrecordings or other material, regardless of physical form orcharacteristics, made or received pursuant to law or ordinanceor in connection with the transaction of official business byany agency. It is the further intent of ch. 119, F.S., thatrecords which are maintained by a public agency in the courseof its statutory responsibilities be open and accessible to thepublic.

The term "agency" is defined, by s. 119.011, F.S., to mean anystate, county, district, authority, or municipal officer,department, division, board, bureau, commission, or otherseparate unit of government created or established by law, andany other public or private agency, person, partnership,corporation, or business entity acting on behalf of any publicagency.

Section 119.07, F.S., 1992 Supp., contains several specificexemptions from the public access requirements specified inss. 119.01 and 119.07(1), F.S. Included among the exemptionsare such things as examination questions and answer sheets ofexaminations administered by a governmental agency for thepurpose of licensure, certification, or employment. As well,exemptions are provided for active criminal intelligence andinvestigation information, and certain other criminal justiceinformation.

Section 119.07(3)(k), F.S., 1992 Supp., provides an exemptionfor information which reveals the home addresses, telephonenumbers, and photographs of active and former law enforcementpersonnel and personnel of the Department of Health andRehabilitative Services (HRS) whose duties include theinvestigation of abuse, neglect, exploitation, fraud, theft, orother criminal activities. The law provides a similarexemption for certified firefighters and for justices of theSupreme Court and judges of the district courts of appeal,circuit courts, and county courts. The latter exemption alsoprotects personal information related to the spouses andchildren of such law enforcement and HRS personnel, certifiedfirefighters, judges, and justices, including home addressesand telephone numbers, places of employment, and names andlocations of schools and day care centers.

Sections 943.085-943.255, F.S., relate to the training andcertification of law enforcement and related officers by the

REVISED: BILL NO. SB 446

Page 2 DATE: February 10, 1993

Criminal Justice Standards and Training Commission and employing agencies. Section 943.10, F.S. defines law enforcement officer as a person elected, appointed, or employed full time by a municipality, the state, or a political subdivision. Under the definition, a law enforcement officer is one who is vested with the authority to bear arms and make arrests, and whose primary responsibility includes prevention and detection of crime or the enforcement of penal, criminal, traffic, or highway laws of the state. The definition includes part-time and auxiliary law enforcement officers.

Similarly, the term "correctional officer" is defined by the same law as an employee whose primary responsibility is the supervision, correction, care, custody, control, and investigation of inmates within a correctional institution. A correctional probation officer is a person whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees, and the supervisors of such correctional probation officers.

The law also defines officer to include law enforcement officers, correctional officers, and correctional probation officers, whether they are employed full-time, part-time, or on an auxiliary basis. The exemptions provided for law enforcement officers in s. 119.07(3)(k), F.S., 1992 Supp., are not tied to specific definitions elsewhere in law.

Presently, several state agencies employ law enforcement officers. These include the legislative and judicial branches, and a number of agencies in the executive branch, including the Department of Natural Resources, the Game and Fresh Water Fish Commission, the Department of Management Services, the Department of Corrections, the Department of Law Enforcement, and the Department of Highway Safety and Motor Vehicles, among others.

Section 281.301, F.S., relates to security systems in properties owned by or leased to the state or any of its political subdivisions. The law provides a public records and public meetings exemption for all records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, consultations, or portions thereof, directly relating to security systems on properties owned or leased by the state or its political subdivisions. The law does not currently allow for records relating to security systems to be released, even to law enforcement agencies.

The Open Government Sunset Review Act, s. 119,14, F.S., authorizes exemptions to the Public Meetings and Public Records laws to be created only if they are sufficiently compelling to override the state's strong policy of open government. As well, an exemption must meet at least one of the following criteria: (a) the exempted record or meeting is of a sensitive, personal nature concerning an individual; (b) the exemption is necessary for effective and efficient administration of a governmental program; or (c) the exemption affects confidential information concerning an entity, e.g., trade secrets or formulas. Section 119.14, F.S., further requires, and sets a schedule for, all exemptions to the Public Records and Public Meetings laws to be repealed, subject to prior legislative review, every 10 years.

B, Effect of Proposed Changes:

Section 119.07(3)(k), F.S., 1992 Supp., which contains various exemptions to the Public Records Law, would be reorganized and amended to clarify and, in some cases, to expand exemptions for current and former law enforcement officers, including employees of the Department of Law Enforcement, specified·

REVISED:

DATE: February 10, 1993

BILL NO. SB 446

Page �3-

employees of HRS, certified firefighters, Supreme Court justices, and judges of the district courts of appeal, circuit courts, and county courts.

Personal information which identifies current and former full­time, part-time, or auxiliary law enforcement officers, as defined in s. 943.10, F.S., would be exempt from public access requirements, as would information relating to correctional and correctional probation officers. Social security numbers of such current and former officers would also be exempt. Additional personal information which would be exempt would include home telephone numbers, and home and business telephone numbers of the spouses and children of such law enforcement officers. The same personal information relating to employees of the Department of Law Enforcement whose duties include the investigation of criminal activities would also be exempt. As well, former officers could request in writing that state agencies protect the name, address, and telephone numbers of their current places of employment.

The same personal information (except social security numbers) related to HRS employees who investigate abuse, neglect, exploitation, fraud, theft, and other criminal activities would also be exempt. Similarly, personal information of certified firefighters would be exempt, as would information associated with the spouses and children of the HRS employees and certified firefighters. The same exemptions extended to HRS employees and to certified firefighters would also be extended to personal information related to Supreme Court justices and to judges of the district courts of appeal, circuit courts, and county courts, and to their specified family members.

An agency which employs a law enforcement officer, designated HRS employee, certified firefighter, Supreme Court justice, or specified judge would be required to protect the confidentiality of personal information relating to such personnel. Other agencies, however, would be required to protect the confidentiality of such personal information only if the individual submits a written request for confidentiality. An agency which employs a person whose personal information is exempt could release exempt information upon receipt of a written request from the affected employee.

As well, an agency which employs an affected employee could make a written request to other agencies on behalf of its employee to protect the confidentiality of the employee's personal information. Upon receipt of a written request, the employing agency could also release confidential personal information relating to its employees to other governmental entities which have a legitimate need for the exempt information. Other governmental entities would also be required to protect the confidentiality of exempt information, as well.

Section 281.301, F.S., would also be amended. Under the proposed changes, an agency which has possession of records or other information relating to security systems on properties owned or leased by the state or its political subdivisions, would be authorized to release the records or information to a law enforcement agency determined to have a legitimate need for the information. Any law enforcement agency that receives confidential information relating to security systems would be required to maintain the confidentiality of the records or information.

The exemptions that would be created by the bill would be subject to repeal and prior review under the Open Government Sunset Review Act.

REVISED: BILL NO. SB 446

Page 4 DATE: February 10, 1993

II. ECONOMIC IMPACT AND FISCAL NOTE:

A. Public:

None.

a. Government:

According to some supervisors of elections and propertyappraisers, it appears that records custodians currently incuradministrative costs in attempting to identify and isolateinformation in their records which is exempt from publicinspection. The costs are generally fairly small, but they areincurred by most counties in the state.

State records custodians, particularly in the Department ofState, in the maintenance of election and public officialcampaign records, may also incur some administrative costs toexempt the information protected by the bill.

III. MUNICIPALITY/COUNTY MANDATES RESTRICTIONS:

None.

IV. COMMENTS:

The Legislature enacted ch. 91-149, Laws of Florida, to extend apublic records exemptions to certified firefighters and judgessimilar to the exemptions provided to active and former lawenforcement officers and to specified HRS employees. This actionhighlighted concern among several supervisors of elections andproperty appraisers.

These state officers advise that the current law imposesdifficulties in identifying all current and former law enforcementpersonnel, judges, designated HRS employees, and certifiedfirefighters in order to protect the affected information in theirrecords. In some cases, supervisors of elections and propertyappraisers report that it has been necessary for them to initiateadditional computer programming to accomplish this task. Prior tothe 1991 action, many of these records custodians had previouslyprotected the specified information regarding law enforcementofficers only upon request of the law enforcement officer. Itappears that these concerns would be ameliorated by the provisionsof the bill.

V. AMENDMENTS:

None.

REVISED: BILL NO. CS/SB 574

Page _1_ DATE: February 24, 1993

SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT

ANALYST STAFF DIRECTOR REFERENCE

1 • Lovingood 0,, Mohler)b 2.

1. TR 2. -

----

ACTION

FAV/CS

3.

4.

3.

4.

SUBJECT: BILL NO. AND SPONSOR:

Highway Safety

I. SUMMARY:

A. Present Situation:

CS/SB 574 by Transportation and Senator Myers

Section 316.003, F.S., defines a "school bus" as any motorvehicle that complies with the color and identificationrequirements of chapter 234 and that is used to transportchildren to or from school or in connection with schoolactivities, except a bus operated by a common carrier in theurban transportation of school children. A "commercial motorvehicle" is defined as any self-propelled or towed vehicle usedon the public highways in commerce to transport passengers orcargo, which: has a gross vehicle weight rating of 10,000pounds or more;·is designed to transport more than 10passengers, including the driver; or, is used to transporthazardous materials.

Section 316.183, F.S., provides that a school bus may notexceed the maximum speed limits posted on all streets andhighways.

Section 316.1937, F.S., provides requirements for theinstallation and use of ignition interlock devices.

Section 316.1951, F.S., provides that it is unlawful for anyperson to park a motor vehicle on a public street, or onprivate property where the public has the right to travel, fora continuous period of 24 hours, for the purpose of selling thevehicle. Any vehicle parked in violation of this section maybe towed at the owner's expense.

Section 316.217, F.S., requires vehicles to �isplay lightedlamps and illuminating devices from sunset to sunrise. Lightedlamps must also be displayed during any time when, due to rain,smoke, fog, insufficient light, or unfavorable atmosphericconditions, visibility is reduced to a degree whereby personsor vehicles are not clearly discernible at a distance of 1,000feet ahead.

Sections 316.2951 - 316.2957 F.S., provide requirementsrelating to the type of sunscreening material that may be usedon motor vehicle windows and windshields.

Section 316.613, F.S., provides that every operator of a motorvehicle, while transporting a child must, if the child is 3years of age or younger, provide for the safety of the child byusing a crash-tested, federally approved child restraintdevice. The term "motor vehicle," as defined in the section,does not include a school bus, or a bus used in thetransportation of persons for compensation.

Section 316.615, F.S., provides that all motor vehicles, otherthan private passenger automobiles or school buses with aseating capacity of less than 24 pupils, which are used

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