FAF Letter to Rep. DuBose Re: HB 1055 Pub. Rec./Addiction Treatment Facility Personnel


5 January 2018
The Honorable Bobby B. DuBose
The Florida House of Representatives
402 South Monroe Street, Room 212, The Capitol
Tallahassee, FL 32399-1100

Re: HB 1055 Pub. Rec./Addiction Treatment Facility Personnel

Dear Representative DuBose:

We are writing to express some concerns regarding HB 1055, which creates a public record exemption for the home addresses and other public record information of current or former directors, managers, supervisors, nurses, and clinical employees of addiction treatment facility, and their spouses and children.

While we are not necessarily opposed to the proposed exemption, Representative DuBose, we believe the statement of public necessity is constitutionally insufficient. The statement of public necessity merely asserts that release of this information might result in disgruntled persons trying to harm the protected employees or their spouses and children. We, however, have seen no evidence that a threat of harm exists to these individuals or that such harm has in fact occurred. As it is currently drafted, the statement of public necessity is speculative at best and fails to justify the exemption. As a result, the exemption does not meet the constitutional standard for public record exemptions under Article I, s. 24 of the State Constitution.

Therefore, we suggest that HB 1055 be amended so as to include compelling evidentiary support in the statement of public necessity.

Thank you for your attention to our concerns, Representative DuBose. If you have any questions, please don’t hesitate to contact us.

Barbara A. Petersen, President

Cc: The Honorable Richard Corcoran, Speaker, The Florida House of Representatives
Jon Kaney, General Counsel, First Amendment Foundation
Sam Morley, General Counsel, Florida Press Association


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