Florida Senate - 2009                                    SB 1260
       
       
       
       By Senator Hill
       
       
       
       
       1-01478-09                                            20091260__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         1012.312, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information of employees of public educational
    6         institutions in the state, and the spouses and
    7         children of such employees, and for personal health
    8         information of such employees, and the spouses and
    9         children of such employees, held by a public
   10         educational institution pursuant to the employee's
   11         participation in a group health insurance plan or
   12         program; providing for disclosure of personal
   13         identifying information under specified circumstances;
   14         providing for future review and repeal of the
   15         exemption; providing a statement of public necessity;
   16         providing an effective date.
   17         
   18  Be It Enacted by the Legislature of the State of Florida:
   19         
   20         Section 1. Section 1012.312, Florida Statutes, is created
   21  to read:
   22         1012.312Personal identifying information and personal
   23  health information of employees of public educational
   24  institutions; public-records exemption.—
   25         (1)As used in this section, the term:
   26         (a) “Employee” means any current or former employee of an
   27  institution comprising a part of the state system of public
   28  education, including any teacher, administrator, educational
   29  support personnel as defined in s. 1010.215(1)(b), or member of
   30  a school board.
   31         (b) “Personal identifying information” means:
   32         1. An employee's name, social security number, home
   33  address, employment status, home telephone number, and
   34  photograph.
   35         2. The name, age, home address, telephone number, social
   36  security number, photograph, and place of employment of the
   37  spouse or child of an employee, and the name and location of a
   38  school or day care facility attended by the child of an
   39  employee.
   40         (c) “Personal health information” means:
   41         1. A personal health condition of, injury to, history of
   42  personal medical diagnosis or treatment of, or any other
   43  information that relates to the health of an employee, or to the
   44  health of the spouse or child of an employee, contained in any
   45  materials, documents, or records held by a public educational
   46  institution in the state pursuant to the employee's
   47  participation in a group health insurance plan or program.
   48         2.The existence or content of any individual coverage or
   49  status of coverage under an employee's group health insurance
   50  policy.
   51         (2) Personal identifying information and personal health
   52  information of an employee of an institution comprising a part
   53  of the state system of public education are confidential and
   54  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   55  Constitution.
   56         (3) Personal identifying information made confidential and
   57  exempt under subsection (2) may be disclosed to collective
   58  bargaining agents representing employees in the performance of
   59  their statutory duties under chapter 447.
   60         (4) This section is subject to the Open Government Sunset
   61  Review Act in accordance with s. 119.15, and shall stand
   62  repealed on October 2, 2014, unless reviewed and saved from
   63  repeal through reenactment by the Legislature.
   64         Section 2. It is the finding of the Legislature that it is
   65  a public necessity to protect the personal identifying
   66  information of current and former employees of an institution
   67  comprising a part of the state system of public education and to
   68  protect the personal health information of such employees held
   69  by a public educational institution in the state pursuant to the
   70  employee's participation in a group health insurance plan or
   71  program. Because teachers and administrators in schools,
   72  community colleges, and universities are often required to
   73  impose disciplinary measures on students for improper conduct or
   74  violation of school rules or education policies, access to
   75  personal identifying information of a teacher or administrator,
   76  or the family members thereof, could be used to harass, stalk,
   77  intimidate, or bring harm to a teacher or administrator or his
   78  or her family as a means of seeking retribution for the
   79  administering of disciplinary measures. Disclosure of personal
   80  identifying information can also lead to other forms of invasion
   81  of personal privacy, with the sale of personal identifying
   82  information for marketing purposes that results in unwanted
   83  solicitation being just one form of such invasiveness. It is
   84  also the finding of the Legislature that matters of personal
   85  health are traditionally private and confidential concerns
   86  between a patient and his or her health care provider. The
   87  private and confidential nature of personal health matters
   88  pervades both the public and private health care sectors. Public
   89  disclosure of an employee's personal health information held by
   90  a public educational institution pursuant to a group health
   91  insurance plan or program could have a negative effect on an
   92  employee's business and personal relationships and could also
   93  have detrimental financial consequences. For this reason, a
   94  person's expectation of a right to privacy in all matters
   95  regarding his or her personal health necessitates the exemption
   96  from public-records requirements for such information.
   97  Additionally, names of beneficiaries in insurance information
   98  should not be public information. Therefore, it is the finding
   99  of the Legislature that personal identifying information of
  100  current and former employees of an institution comprising a part
  101  of the state system of public education and personal health
  102  information of such employees held by a public educational
  103  institution pursuant to a group health insurance plan or program
  104  be made confidential and exempt from public-records
  105  requirements.
  106         Section 3. This act shall take effect July 1, 2009.