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House Bill 0901c1

Florida House of Representatives - 1997 CS/HB 901 By the Committee on Governmental Operations and 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: 20 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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 901 192-938-97 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. Any routine monitoring of 7 telephone calls by the state agency does not violate this 8 provision. as provided by s. 112.313(8), and All records 9 relative to that participation shall be confidential and 10 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 11 I of the State Constitution, except as provided by s. 12 112.0455(11). This section is subject to the Open Government 13 Sunset Review Act of 1995 in accordance with s. 119.15, and 14 shall stand repealed on October 2, 2002, unless reviewed and 15 saved from repeal through reenactment by the Legislature. 16 Section 2. Section 125.585, Florida Statutes, is 17 created to read: 18 125.585 Employee assistance programs; 19 confidentiality.-- 20 (1) As used in this section, "employee assistance 21 program" means a program provided by a county to assist any 22 county employee who has a behavioral or medical disorder, 23 substance abuse problem, or emotional difficulty which affects 24 the employee's job performance, through referral for 25 counseling, therapy, or other professional treatment. 26 (2) Any communication between a county employee and 27 personnel or service providers of a county employee assistance 28 program relating to that employee's participation in such 29 program shall be a confidential communication. Any routine 30 monitoring of telephone calls by the county does not violate 31 this provision. All records relating to that participation 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 901 192-938-97 1 are confidential and exempt from s. 119.07(1) and s. 24(a), 2 Art. I of the State Constitution. This section is subject to 3 the Open Government Sunset Review Act of 1995 in accordance 4 with s. 119.15, and shall stand repealed on October 2, 2002, 5 unless reviewed and saved from repeal through reenactment by 6 the Legislature. 7 Section 3. Section 166.0444, Florida Statutes, is 8 created to read: 9 166.0444 Employee assistance programs; 10 confidentiality.-- 11 (1) As used in this section, "employee assistance 12 program" means a program provided by a municipality to assist 13 any municipal employee who has a behavioral or medical 14 disorder, substance abuse problem, or emotional difficulty 15 which affects the employee's job performance, through referral 16 for counseling, therapy, or other professional treatment. 17 (2) Any communication between a municipal employee and 18 personnel or service providers of a municipal employee 19 assistance program relating to that employee's participation 20 in such program shall be a confidential communication. Any 21 routine monitoring of telephone calls by the municipality does 22 not violate this provision. All records relating to that 23 participation are confidential and exempt from s. 119.07(1) 24 and s. 24(a), Art. I of the State Constitution. This section 25 is subject to the Open Government Sunset Review Act of 1995 in 26 accordance with s. 119.15, and shall stand repealed on October 27 2, 2002, unless reviewed and saved from repeal through 28 reenactment by the Legislature. 29 Section 4. The Legislature finds that it is a public 30 necessity to protect the confidentiality of the information 31 specified in ss. 110.1091, 125.585, and 166.0444, Florida 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 901 192-938-97 1 Statutes, because such information is a private matter. A 2 public employee has the right of privacy to protect such 3 personal sensitive information as provided by s. 23, Art. I of 4 the State Constitution. Further, public knowledge of such 5 information could lead to discrimination against the employee, 6 and could compromise the therapeutic process. Therapeutic and 7 treatment programs cannot operate efficiently and effectively 8 if employees are reluctant to participate because their mental 9 health records would be subject to inspection and review. 10 Employees at all levels of government should be encouraged to 11 seek treatment for behavioral or medical disorders, substance 12 abuse problems, or emotional difficulties that could affect 13 the employee's job performance and service to the public. 14 Additionally, the performance of public employees can be 15 otherwise adequately monitored and evaluated. 16 Section 5. This act shall take effect October 1, 1997. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4