House Bill 1081er

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    1999 Legislature                     HB 1081, Second Engrossed



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  2         An act relating to public records; amending s.

  3         395.3025, F.S.; providing exemptions from

  4         public records requirements for specified

  5         personal information relating to employees of

  6         licensed hospitals or ambulatory surgical

  7         centers who provide direct patient care or

  8         security services and their spouses and

  9         children, and for specified personal

10         information relating to other employees of such

11         facilities and their spouses and children upon

12         their request; providing for future review and

13         repeal; providing a finding of public

14         necessity; providing an effective date.

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

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18         Section 1.  Subsections (10) and (11) are added to

19  section 395.3025, Florida Statutes, 1998 Supplement, to read:

20         395.3025  Patient and personnel records; copies;

21  examination.--

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

23  security numbers, and photographs of employees of any licensed

24  facility who provide direct patient care or security services;

25  the home addresses, telephone numbers, social security

26  numbers, photographs, and places of employment of the spouses

27  and children of such persons; and the names and locations of

28  schools and day care facilities attended by the children of

29  such persons are confidential and exempt from s. 119.07(1) and

30  s. 24(a), Art. I of the State Constitution. However, any state

31  or federal agency that is authorized to have access to such


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    1999 Legislature                     HB 1081, Second Engrossed



  1  information by any provision of law shall be granted such

  2  access in the furtherance of its statutory duties,

  3  notwithstanding the provisions of this subsection. This

  4  subsection is subject to the Open Government Sunset Review Act

  5  of 1995 in accordance with s. 119.15, and shall stand repealed

  6  on October 2, 2004, unless reviewed and saved from repeal

  7  through reenactment by the Legislature.

  8         (11)  The home addresses, telephone numbers, social

  9  security numbers, and photographs of employees of any licensed

10  facility who have a reasonable belief that release of the

11  information may be used to threaten, intimidate, harass,

12  inflict violence upon, or defraud the employee or any member

13  of the employee's family; the home addresses, telephone

14  numbers, social security numbers, photographs, and places of

15  employment of the spouses and children of such persons; and

16  the names and locations of schools and day care facilities

17  attended by the children of such persons are confidential and

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

19  Constitution. However, any state or federal agency that is

20  authorized to have access to such information by any provision

21  of law shall be granted such access in the furtherance of its

22  statutory duties, notwithstanding the provisions of this

23  subsection. The licensed facility shall maintain the

24  confidentiality of the personal information only if the

25  employee submits a written request for confidentiality to the

26  licensed facility. This subsection is subject to the Open

27  Government Sunset Review Act of 1995 in accordance with s.

28  119.15, and shall stand repealed on October 2, 2004, unless

29  reviewed and saved from repeal through reenactment by the

30  Legislature.

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    ENROLLED

    1999 Legislature                     HB 1081, Second Engrossed



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

  2  necessity that personal information about employees of

  3  hospitals and ambulatory surgical centers be confidential and

  4  exempt from the public records laws of this state under the

  5  following circumstances:

  6         (1)  Employees in such facilities who provide direct

  7  patient care or security services encounter a wide spectrum of

  8  individuals including, among others, prisoners, criminal

  9  suspects brought for treatment by local law enforcement

10  officers prior to incarceration, patients under the influence

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

12  have been admitted for treatment of mental illnesses,

13  including involuntary admissions under the Baker Act. In

14  addition, patients or family members of patients may at times

15  become angry or upset with the nature of the treatment or the

16  circumstances under which it has been provided. If any of

17  these individuals gain access to the personal information

18  specified in this act, they could use that information to

19  threaten, intimidate, harass, or cause physical harm or other

20  injury to the employees who provide direct patient care or

21  security services or to their families. This concern is not

22  mere speculation. Incidents have occurred in which patients

23  have inflicted injuries upon health care providers which have

24  resulted in the death of the provider. Therefore, the

25  Legislature finds that it is a public necessity that the

26  personal information of employees who provide direct patient

27  care or security services be confidential and exempt from

28  disclosure pursuant to the open records laws of this state in

29  order to protect the health, safety, and welfare of these

30  employees and their families.

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    1999 Legislature                     HB 1081, Second Engrossed



  1         (2)  The Legislature further finds that incidents have

  2  occurred in which the personnel records of other employees of

  3  hospitals and ambulatory surgical centers have been requested

  4  under circumstances that could have threatened the safety or

  5  welfare of these employees or their families, whether or not

  6  actual harm resulted. While these employees may not provide

  7  direct patient care or security services, they may yet face

  8  circumstances under which release of this information could be

  9  used to threaten, intimidate, harass, inflict violence upon,

10  or defraud them or their families. Because release of this

11  personal information under these circumstances would not

12  benefit the public or aid it in monitoring the effective and

13  efficient operation of government, but could result in harm to

14  these employees or their families, the Legislature finds that

15  it is public necessity that the personal information specified

16  in this act be confidential and exempt from disclosure

17  pursuant to the public records laws of this state when such

18  protection is requested by a hospital or ambulatory surgical

19  center employee in accordance with the provisions of this act.

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21  These exemptions are consistent with the long-standing policy

22  of the state under section 119.07(3)(i), Florida Statutes.

23         Section 3.  This act shall take effect July 1, 1999.

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