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A bill to be entitled |
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An act relating to a public records exemption for county |
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employee assistance program records; amending s. 125.585, |
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F.S.; narrowing the exemption for records relating to an |
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employee's participation in a county employee assistance |
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program to provide that a county employee's personal |
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identifying information contained in employee assistance |
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program records is confidential and exempt; making |
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editorial changes; removing the October 2, 2003, repeal |
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thereof scheduled pursuant to the Open Government Sunset |
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Review Act of 1995; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Notwithstanding the October 2, 2003, repeal of |
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said section scheduled pursuant to the Open Government Sunset |
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Review Act of 1995, section 125.585, Florida Statutes, is |
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amended to read: |
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125.585 Employee assistance programs; public records |
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exemptionconfidentiality.-- |
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(1) As used in this section, "employee assistance program" |
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means a counseling, therapeutic, or other professional treatment |
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program provided by a county to assist any county employee who |
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has a behavioral disorder,or medical disorder, orsubstance |
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abuse problem, or who has anemotional difficulty which affects |
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the employee's job performance, through referral for counseling, |
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therapy, or other professional treatment. |
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(2) A county employee’s personal identifying information |
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contained inAny communication between a county employee and |
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personnel or service providers of a county employee assistance |
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program relating to that employee's participation in such |
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program shall be a confidential communication. Any routine |
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monitoring of telephone calls by the county does not violate |
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this provision.All records held by the employing county |
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relating to that employee’s participation in an employee |
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assistance program isareconfidential and exempt from s. |
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119.07(1) and s. 24(a), Art. I of the State Constitution. This |
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section is subject to the Open Government Sunset Review Act of |
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1995 in accordance with s. 119.15, and shall stand repealed on |
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October 2, 2003, unless reviewed and saved from repeal through |
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reenactment by the Legislature. |
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Section 2. This act shall take effect October 1, 2003. |