The Florida Senate

¹110.1091  Program for assisting state employees; confidentiality.--Each employing state agency may provide a program to assist any state employee who has a behavioral or medical disorder, substance abuse problem, or emotional difficulty which affects the employee's job performance, through referral for counseling, therapy, or other professional treatment. Each employing state agency may designate community diagnostic and referral resources as necessary to implement the provisions of this section. Any communication between a state employee and personnel or service providers of a state employee assistance program relative to the employee's participation in the program shall be a confidential communication. Any routine monitoring of telephone calls by the state agency does not violate this provision. All records relative to that participation shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2003, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 90-196; s. 1, ch. 95-119; s. 27, ch. 96-406; s. 1, ch. 98-8.

¹Note.--Section 4, ch. 98-8, provides that "[t]he Legislature finds that it is a public necessity to protect the confidentiality of the information specified in ss. 110.1091, 125.585, and 166.0444, Florida Statutes, because such information is a private matter. A public employee has the right of privacy to protect such personal sensitive information as provided by s. 23, Art. I of the State Constitution. Further, public knowledge of such information could lead to discrimination against the employee, and could compromise the therapeutic process. Therapeutic and treatment programs cannot operate efficiently and effectively if employees are reluctant to participate because their mental health records would be subject to inspection and review. Employees at all levels of government should be encouraged to seek treatment for behavioral or medical disorders, substance abuse problems, or emotional difficulties that could affect the employee's job performance and service to the public. Additionally, the performance of public employees can be otherwise adequately monitored and evaluated."