The Florida Senate

¹166.0444  Employee assistance programs; confidentiality.--

(1)  As used in this section, "employee assistance program" means a program provided by a municipality to assist any municipal 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.

(2)  Any communication between a municipal employee and personnel or service providers of a municipal employee assistance program relating to that employee's participation in such program shall be a confidential communication. Any routine monitoring of telephone calls by the municipality does not violate this provision. All records relating to that participation are confidential and exempt from 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This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2003, unless reviewed and saved from repeal through reenactment by the Legislature.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. 3, 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."