CODING: Words stricken are deletions; words underlined are additions.House Bill 0901
Florida House of Representatives - 1997 HB 901
By Representative Fischer
1 A bill to be entitled
2 An act relating to public records; amending s.
3 110.1091, F.S.; revising provisions which
4 specify that communications relating to a state
5 employee's participation in an employee
6 assistance program are confidential, and which
7 provide a public records exemption for records
8 relating thereto; creating ss. 125.585 and
9 166.0444, F.S.; providing that certain
10 communications relating to a county or
11 municipal employee's participation in such a
12 program are confidential; providing an
13 exemption from public records requirements for
14 records relating to such participation;
15 providing for future review and repeal;
16 providing a finding of public necessity;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 110.1091, Florida Statutes, 1996
22 Supplement, is amended to read:
23 110.1091 Program for assisting state employees;
24 confidentiality.--Each employing state agency may provide a
25 program to assist any state employee who has a behavioral or
26 medical disorder, substance abuse problem, or emotional
27 difficulty which affects the employee's job performance,
28 through referral for counseling, therapy, or other
29 professional treatment. Each employing state agency may
30 designate community diagnostic and referral resources as
31 necessary to implement the provisions of this section. Upon
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Florida House of Representatives - 1997 HB 901
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1 entry into this assistance program, Any communication between
2 a state employee and personnel or service providers of a state
3 employee assistance program program personnel of the employing
4 agency and any participating employee relative to the
5 employee's participation in the program shall be a
6 confidential communication as provided by s. 112.313(8), and
7 all records relative to that participation shall be
8 confidential and exempt from the provisions of s. 119.07(1)
9 and s. 24(a), Art. I of the State Constitution, except as
10 provided by s. 112.0455(11). This section is subject to the
11 Open Government Sunset Review Act of 1995 in accordance with
12 s. 119.15, and shall stand repealed on October 2, 2002, unless
13 reviewed and saved from repeal through reenactment by the
14 Legislature.
15 Section 2. Section 125.585, Florida Statutes, is
16 created to read:
17 125.585 Employee assistance programs;
18 confidentiality.--
19 (1) As used in this section, "employee assistance
20 program" means a program provided by a county to assist any
21 county employee who has a behavioral or medical disorder,
22 substance abuse problem, or emotional difficulty which affects
23 the employee's job performance, through referral for
24 counseling, therapy, or other professional treatment.
25 (2) Any communication between a county employee and
26 personnel or service providers of a county employee assistance
27 program relating to that employee's participation in such
28 program shall be a confidential communication, and all records
29 relating to that participation are confidential and exempt
30 from s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution. This section is subject to the Open Government
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Florida House of Representatives - 1997 HB 901
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1 Sunset Review Act of 1995 in accordance with s. 119.15, and
2 shall stand repealed on October 2, 2002, unless reviewed and
3 saved from repeal through reenactment by the Legislature.
4 Section 3. Section 166.0444, Florida Statutes, is
5 created to read:
6 166.0444 Employee assistance programs;
7 confidentiality.--
8 (1) As used in this section, "employee assistance
9 program" means a program provided by a municipality to assist
10 any municipal employee who has a behavioral or medical
11 disorder, substance abuse problem, or emotional difficulty
12 which affects the employee's job performance, through referral
13 for counseling, therapy, or other professional treatment.
14 (2) Any communication between a municipal employee and
15 personnel or service providers of a municipal employee
16 assistance program relating to that employee's participation
17 in such program shall be a confidential communication, and all
18 records relating to that participation are confidential and
19 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution. This section is subject to the Open Government
21 Sunset Review Act of 1995 in accordance with s. 119.15, and
22 shall stand repealed on October 2, 2002, unless reviewed and
23 saved from repeal through reenactment by the Legislature.
24 Section 4. The Legislature finds that it is a public
25 necessity to protect the confidentiality of the information
26 specified in ss. 110.1091, 125.585, and 166.0444, Florida
27 Statutes, because such information is a private matter. A
28 public employee has the right of privacy to protect such
29 personal sensitive information as provided by s. 23, Art. I of
30 the State Constitution. Further, public knowledge of such
31 information could lead to discrimination against the employee,
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1 and could compromise the therapeutic process. Therapeutic and
2 treatment programs cannot operate efficiently and effectively
3 if employees are reluctant to participate because their mental
4 health records would be subject to inspection and review.
5 Employees at all levels of government should be encouraged to
6 seek treatment for behavioral or medical disorders, substance
7 abuse problems, or emotional difficulties that could affect
8 the employee's job performance and service to the public.
9 Additionally, the performance of public employees can be
10 otherwise adequately monitored and evaluated.
11 Section 5. This act shall take effect October 1, 1997.
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14 HOUSE SUMMARY
15
Revises provisions which specify that communications
16 relating to a state employee's participation in an
employee assistance program are confidential, and which
17 provide a public records exemption for records relating
thereto. Provides that communications relating to a
18 county or municipal employee's participation in such a
program are confidential, and provides an exemption from
19 public records requirements for records relating to such
participation. Provides for future review and repeal.
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