House Bill 1081e1

                                          HB 1081, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         395.3025, F.S.; providing an exemption from

  4         public records requirements for specified

  5         identifying information relating to active or

  6         current employees of a licensed facility and

  7         their spouses and children; providing for

  8         future review and repeal; providing a finding

  9         of public necessity; providing an effective

10         date.

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

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14         Section 1.  Subsection (10) of section 395.3025,

15  Florida Statutes, is created to read:

16         395.3025 Patient and personnel records; copies;

17  examination.--

18         (10)  The home addresses, telephone numbers, social

19  security numbers, and photographs of active or current

20  employees of any licensed facility; the home addresses,

21  telephone numbers, social security numbers, photographs, and

22  places of employment of the spouses and children of such

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

24  facilities attended by the children of such persons are exempt

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

26  Constitution. Provided however, any state or federal agency

27  which is authorized to have access to such information by any

28  provision of law shall be granted such access in the

29  furtherance of its statutory duties, notwithstanding the

30  provisions of this subsection. This section is subject to the

31  Open Government Sunset Review Act of 1995 in accordance with


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






                                          HB 1081, First Engrossed



  1  s. 119.15, and shall stand repealed on October 2, 2004, unless

  2  reviewed and saved from repeal through reenactment by the

  3  Legislature.

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

  5  necessity that the personal information of employees of health

  6  care facilities specified in this act be exempt from public

  7  records requirements. Employees in these facilities provide

  8  treatment and care to a wide spectrum of individuals

  9  including, among others, prisoners, criminal suspects brought

10  for treatment by local law enforcement officers prior to

11  incarceration, patients under the influence of drugs or

12  alcohol at the time of treatment, and patients who have been

13  admitted for treatment of mental illnesses, including

14  involuntary admissions under the Baker Act. It is not uncommon

15  for employees of these facilities to be threatened by patients

16  or family members of patients who may be angry or upset with

17  the nature of the treatment or the circumstances under which

18  it has been provided. If these individuals gain access to the

19  personal information specified in this act, then they could

20  use the information to threaten, intimidate, harass, or cause

21  physical harm or other injury to the employees of these health

22  care facilities or their families. This concern is not mere

23  speculation. Incidents have occurred in which patients have

24  inflicted injuries upon health care providers which have

25  resulted in the death of the provider. The Legislature further

26  finds that incidents have occurred in which the personal

27  records of employees have been requested under circumstances

28  which could have threatened the safety or welfare of the

29  employees or their families, whether or not actual harm

30  resulted. Because release of this personal information would

31  not benefit the public or aid it in monitoring the effective


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






                                          HB 1081, First Engrossed



  1  and efficient operation of government, but could result in

  2  harm to the specified employees or their families, the

  3  Legislature finds that it is a public necessity that the

  4  personal information specified in this act be exempt from

  5  public records requirements. This exemption is consistent with

  6  the longstanding policy of the state as reflected in s.

  7  119.07(3)(i), Florida Statutes.

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

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