HomeMy WebLinkAbout09-07-2004 Public Records Exemption Sworn Police, Fire, Code Enforcement OfficersRECEIVED
SEP 0 8 2004
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Lase
Usher L. BrownOffices in Orlando, KissirMnee, Debra S. Babb-Nutcher°
Jeffrey P. Buak° Cocoa & Viera Jose Suzanne D'Agresta° ph E. Blitch
Anthony A. Garganese° John U. Biedenham, Jr.
John H. Ward' Lisa M. Fletcher
Jeffrey S. Weiss Amy J. Goddard
Katherine Latorre
*Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Government Law
September 7, 2004
Michelle Greco
Finance Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
Re: Public Records Exemption
Sworn Police, Fire, Code Enforcement Officers
Dear Michelle:
Erin J. O'Leary
J. W. Taylor
Of Counsel
I am writing in response to your September 2, 2004 email. This letter memorializes
my previous discussion with you on this matter.
The Florida Public Records Act exempts from public disclosure the home
addresses, telephone numbers, social security numbers, and photographs of current or
former law enforcement personnel, fire fighters, certain human resource and labor relations
personnel, code enforcement officers, judges, state attorneys, and statewide prosecutors
("Protected Parties"). There are similar exemptions from public disclosure for the spouses
and children of Protected Parties for their places of employment. In addition, the Act also
exempts from public disclosure the names and locations of schools and day care facilities
attended by children of Protected Parties. § 119.07(3)(i), Fla. Stat.
The Act, however, makes a very significant distinction for public disclosure purposes
between an agencythat is the employerof Protected Parties and those agencies which are
not, but who may be the custodian of such information deemed confidential by Section
119.07(3)(i), Florida Statutes.
Section 119.07(4), Florida Statutes, provides that an agencythat is not the employer
of the Protected Party "shall maintain the confidentiality of the personal information only
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596.• Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.oriandolaw.net • Email: firm@orlandolaw.net
Michelle Greco, Finance Manager
September 7, 2004
Page 2
if the ... [Protected Party] or employing agency of the [Protected Party] submits a written
request for confidentiality to the custodial agency."
Therefore, the City is required to keep this information confidential regarding all
Protected Parties that are, or have been, employed by the City. However, with respect to
Protected Parties not currently or previously employed by the City, the City shall maintain
the confidentiality of such information only if the Protected Party or the employing agency
of the Protected Party submits a written request for confidentiality to the City. § 119.07(4),
Fla. Stat.; See also, Fla. AGO 2004-18 (A supervisor of elections is required to keep such
information confidential appearing on campaign papers only if requested to do so in
writing).
Specifically, you ask whether the City must keep such information confidential if it
appears on an occupational license, building permit application, or parks and recreation
application. As explained above, it is my view that the City must keep such information
confidential for all Protected Parties that are current or former City employees, regardless
of which document the information may appear. However, for Protected Parties that have
never been employed by the City, the City must keep the information confidential only if
it has received a written request to do so from the Protected Party or their employing
agency.
Please do not hesitate to call if you have any further questions.
A
yours,
Anthony A. Garganese
City Attorney
AAG/Img
cc: City Clerk