House Bill 1081

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    Florida House of Representatives - 1999                HB 1081

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         395.3037, F.S.; providing an exemption from

  4         public records requirements for specified

  5         identifying information relating to active or

  6         former employees of a health care facility or

  7         rural hospital and their spouses and children;

  8         providing for future review and repeal;

  9         providing a finding of public necessity;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 395.3037, Florida Statutes, is

15  created to read:

16         395.3037  Confidentiality of personal identifying

17  information regarding employees of health care facilities and

18  rural hospitals.--The home addresses, telephone numbers,

19  social security numbers, and photographs of active or former

20  employees of any health care facility or rural hospital, as

21  defined by s. 408.07(23) and (42); the home addresses,

22  telephone numbers, social security numbers, photographs, and

23  places of employment of the spouses and children of such

24  persons; and the names and locations of schools and day care

25  facilities attended by the children of such persons are exempt

26  from s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution. This section is subject to the Open Government

28  Sunset Review Act of 1995 in accordance with s. 119.15, and

29  shall stand repealed on October 2, 2004, unless reviewed and

30  saved from repeal through reenactment by the Legislature.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1081

    704-107A-99






  1         Section 2.  The Legislature finds that it is a public

  2  necessity that the personal information of employees of health

  3  care facilities specified in this act be confidential and

  4  exempt from public records requirements. Employees in these

  5  facilities provide treatment and care to a wide spectrum of

  6  individuals including, among others, prisoners, criminal

  7  suspects brought for treatment by local law enforcement

  8  officers prior to incarceration, patients under the influence

  9  of drugs or alcohol at the time of treatment, and patients who

10  have been admitted for treatment of mental illnesses,

11  including involuntary admissions under the Baker Act. It is

12  not uncommon for employees of these facilities to be

13  threatened by patients or family members of patients who may

14  be angry or upset with the nature of the treatment or the

15  circumstances under which it has been provided. If these

16  individuals gain access to the personal information specified

17  in this act, then they could use the information to threaten,

18  intimidate, harass, or cause physical harm or other injury to

19  the employees of these health care facilities or their

20  families. This concern is not mere speculation. Incidences

21  have occurred in which patients have inflicted injuries upon

22  health care providers which have resulted in the death of the

23  provider. The Legislature further finds that incidences have

24  occurred in which the personal records of employees have been

25  requested under circumstances which could have threatened the

26  safety or welfare of the employees or their families, whether

27  or not actual harm resulted. Because release of this personal

28  information would not benefit the public or aid it in

29  monitoring the effective and efficient operation of

30  government, but could result in harm to the specified

31  employees or their families, the Legislature finds that it is

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1081

    704-107A-99






  1  public necessity that the personal information specified in

  2  this act be confidential and exempt from public records

  3  requirements. This exemption is consistent with the

  4  longstanding policy of the state as reflected in s.

  5  119.07(3)(i), Florida Statutes.

  6         Section 3.  This act shall take effect October 1, 1999.

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  9                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
11    for specified identifying information relating to active
      or former employees of a health care facility or rural
12    hospital and their spouses and children. Provides for
      future review and repeal.
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