Senate Bill sb1800

    Florida Senate - 2006                                  SB 1800

    By Senator Aronberg





    27-1070A-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         741.313, F.S.; providing an exemption from

  4         public-records requirements for certain records

  5         submitted by an employee of a state agency who

  6         is a victim of domestic violence; providing for

  7         future legislative review and repeal; providing

  8         a statement of public necessity; providing a

  9         contingent effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsection (7) is added to section 741.313,

14  Florida Statutes, to read:

15         741.313  Unlawful action against employees seeking

16  protection.--

17         (7)(a)  Personal identifying information that is

18  contained in records documenting an act of domestic violence

19  and that is submitted to an agency, as defined in chapter 119,

20  by an agency employee pursuant to the requirements of this

21  section is confidential and exempt from public disclosure.

22         (b)  A written request for leave which is submitted by

23  an agency employee pursuant to the requirements of this

24  section and any agency time sheet that reflects such a request

25  are confidential and exempt from disclosure until 1 year after

26  the leave has been taken.

27         (c)  This subsection is subject to the Open Government

28  Sunset Review Act in accordance with s. 119.15, and shall

29  stand repealed on October 2, 2010, unless reviewed and saved

30  from repeal through reenactment by the Legislature.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1800
    27-1070A-06




 1         Section 2.  The Legislature finds that it is a public

 2  necessity to make confidential and exempt from disclosure

 3  personal identifying information contained in records

 4  submitted to a state agency by an agency employee which

 5  documents an act of domestic violence and which is submitted

 6  in order to obtain leave pursuant to s. 741.313, Florida

 7  Statutes. Such information, if publicly available, could

 8  expose the victim of domestic violence to public humiliation

 9  and shame and could inhibit that victim from availing himself

10  or herself of the relief provided under s. 741.313, Florida

11  Statutes. In addition, the Legislature finds that it is a

12  public necessity to make confidential and exempt from

13  disclosure an agency employee's request for leave until 1 year

14  after the leave has been taken. If such information were

15  publicly available, it could be used by the partner or former

16  partner of the victim of domestic violence to determine the

17  schedule and location of the employee who is the victim of

18  domestic violence. The employee's request for leave is exempt

19  from disclosure only temporarily and such record is available

20  1 year after the leave has been taken, thereby providing

21  continued public oversight of public moneys.

22         Section 3.  This act shall take effect on the same date

23  that Senate Bill 498 or similar legislation takes effect, if

24  such legislation is adopted in the same legislative session,

25  or an extension thereof, and becomes law.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Provides an exemption from public-records requirements
      for certain records submitted by an employee of a state
30    agency who is a victim of domestic violence. Provides for
      future review and repeal of the exemption under the Open
31    Government Sunset Review Act.

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CODING: Words stricken are deletions; words underlined are additions.