CODING: Words stricken are deletions; words underlined are additions.House Bill 0497
Florida House of Representatives - 1997 HB 497
By Representative Fischer
1 A bill to be entitled
2 An act relating to public records; creating ss.
3 125.585 and 166.0444, F.S.; providing an
4 exemption from public records requirements for
5 records relating to a county or municipal
6 employee's participation in an employee
7 assistance program; providing for future review
8 and repeal; providing a finding of public
9 necessity; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 125.585, Florida Statutes, is
14 created to read:
15 125.585 Employee assistance programs;
16 confidentiality.--
17 (1) As used in this section, "employee assistance
18 program" means a program provided by a county to assist any
19 county employee who has a behavioral or medical disorder,
20 substance abuse problem, or emotional difficulty which affects
21 the employee's job performance, through referral for
22 counseling, therapy, or other professional treatment.
23 (2) Except as provided by s. 112.0455(11), all records
24 relating to a county employee's participation in an employee
25 assistance program are exempt from s. 119.07(1) and s. 24(a),
26 Art. I of the State Constitution. This section is subject to
27 the Open Government Sunset Review Act of 1995 in accordance
28 with s. 119.15, and shall stand repealed on October 2, 2002,
29 unless reviewed and saved from repeal through reenactment by
30 the Legislature.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 497
580-102-97
1 Section 2. Section 166.0444, Florida Statutes, is
2 created to read:
3 166.0444 Employee assistance programs;
4 confidentiality.--
5 (1) As used in this section, "employee assistance
6 program" means a program provided by a municipality to assist
7 any municipal employee who has a behavioral or medical
8 disorder, substance abuse problem, or emotional difficulty
9 which affects the employee's job performance, through referral
10 for counseling, therapy, or other professional treatment.
11 (2) Except as provided by s. 112.0455(11), all records
12 relating to a municipal employee's participation in an
13 employee assistance program are exempt from s. 119.07(1) and
14 s. 24(a), Art. I of the State Constitution. This section is
15 subject to the Open Government Sunset Review Act of 1995 in
16 accordance with s. 119.15, and shall stand repealed on October
17 2, 2002, unless reviewed and saved from repeal through
18 reenactment by the Legislature.
19 Section 3. The Legislature finds that it is a public
20 necessity that the information specified in ss. 125.585 and
21 166.0444, Florida Statutes, be exempt from public records
22 requirements because access to such information is an invasion
23 of the privacy of the public employee who is seeking treatment
24 because personal, sensitive information may be revealed.
25 Public knowledge of such information could lead to
26 discrimination against the employee, and would compromise the
27 psychotherapy process. Furthermore, these beneficial programs
28 cannot operate efficiently and effectively if employees are
29 reluctant to enter treatment because their mental health
30 records would be subject to inspection and review. Employees
31 at all levels of government should be encouraged to seek
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 497
580-102-97
1 treatment for behavioral or medical disorders, substance abuse
2 problems, or emotional difficulties that affect the employee's
3 job performance and service to the public. Additionally,
4 there is little utility in providing public access to such
5 information because effective performance of public employees
6 can be otherwise adequately monitored and evaluated. The harm
7 resulting from release of this information outweighs any
8 public benefit that might result.
9 Section 4. This act shall take effect October 1, 1997.
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12 HOUSE SUMMARY
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Provides an exemption from public records requirements
14 for records relating to a county or municipal employee's
participation in an employee assistance program.
15 Provides for future review and repeal.
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