Senate Bill 1498

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



    Florida Senate - 1999                                  SB 1498

    By Senator Saunders





    25-383C-99

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         395.3035, F.S.; providing exemptions from

  4         public records requirements for specified

  5         personal information relating to employees of

  6         certain health care facilities and their

  7         spouses and children; providing for future

  8         review and repeal; providing a finding of

  9         public necessity; providing an effective date.

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

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13         Section 1.  Subsection (7) is added to section

14  395.3035, Florida Statutes, to read:

15         395.3035  Confidentiality of public hospital records

16  and meetings.--

17         (7)  The home addresses, telephone numbers, social

18  security numbers, and photographs of employees of any health

19  care facility as defined in s. 408.07(23) and (42); the home

20  addresses, telephone numbers, social security numbers,

21  photographs, and places of employment of the spouses and

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

23  schools and day care facilities attended by the children of

24  such persons are exempt from subsection (1) and s. 24(a), Art.

25  I of the State Constitution.  This subsection is subject to

26  the Open Government Sunset Review Act of 1995 in accordance

27  with s. 119.15, and shall stand repealed on October 2, 2004,

28  unless reviewed and saved from repeal through reenactment by

29  the Legislature.

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

31  necessity that the personal information of employees of health

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    Florida Senate - 1999                                  SB 1498
    25-383C-99




  1  care facilities specified in this act be confidential and

  2  exempt from the public records laws of this state. Employees

  3  in these facilities provide treatment and care to a wide

  4  spectrum of individuals including, among others, prisoners,

  5  criminal suspects brought for treatment by local law

  6  enforcement officers prior to incarceration, patients under

  7  the influence of drugs or alcohol at the time of treatment,

  8  and patients who have been admitted for treatment of mental

  9  illnesses, including involuntary admissions under the Baker

10  Act. It is not uncommon for employees of these facilities to

11  be threatened by patients or family members of patients who

12  may be angry or upset with the nature of the treatment or the

13  circumstances under which it has been provided. If these

14  individuals gain access to the personal information specified

15  in this act, they could use that information to threaten,

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

17  the employees of these health care facilities or their

18  families. This concern is not mere speculation. Incidences

19  have occurred in which patients have inflicted injuries upon

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

21  provider. The Legislature further finds that incidences have

22  occurred in which the personal records of employees have been

23  requested under circumstances that could have threatened the

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

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

26  information would not benefit the public or aid it in

27  monitoring the effective and efficient operation of

28  government, but could result in harm to the specified

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

30  public necessity that the personal information specified in

31  this act be confidential and exempt from the public records

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    Florida Senate - 1999                                  SB 1498
    25-383C-99




  1  laws of this state. This exemption is consistent with the

  2  longstanding policy of the state under section 119.07(3)(i),

  3  Florida Statutes.

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

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  7                          SENATE SUMMARY

  8    Provides exemptions from public records requirements for
      specified personal information relating to employees of
  9    specified health care facilities, and their spouses and
      children. Provides for future review and repeal. Provides
10    statement of public necessity.

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