ENROLLED HB 1023 2003 Legislature
1	A bill to be entitled
2	An act relating to a public records exemption for county
3	employee assistance program records; amending s. 125.585,
4	F.S.; narrowing the exemption for records relating to an
5	employee's participation in a county employee assistance
6	program to provide that a county employee's personal
7	identifying information contained in employee assistance
8	program records is confidential and exempt; making
9	editorial changes; removing the October 2, 2003, repeal
10	thereof scheduled pursuant to the Open Government Sunset
11	Review Act of 1995; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Notwithstanding the October 2, 2003, repeal of
16	said section scheduled pursuant to the Open Government Sunset
17	Review Act of 1995, section 125.585, Florida Statutes, is
18	amended to read:
19	125.585 Employee assistance programs; public records
20	exemptionconfidentiality.--
21	(1) As used in this section, "employee assistance program"
22	means a counseling, therapeutic, or other professional treatment
23	program provided by a county to assist any county employee who
24	has a behavioral disorder,or medical disorder, orsubstance
25	abuse problem, or who has anemotional difficulty which affects
26	the employee's job performance, through referral for counseling,
27	therapy, or other professional treatment.
28	(2) A county employee’s personal identifying information
29	contained inAny communication between a county employee and
30	personnel or service providers of a county employee assistance
31	program relating to that employee's participation in such
32	program shall be a confidential communication. Any routine
33	monitoring of telephone calls by the county does not violate
34	this provision.All records held by the employing county
35	relating to that employee’s participation in an employee
36	assistance program isareconfidential and exempt from s.
37	119.07(1) and s. 24(a), Art. I of the State Constitution. This
38	section is subject to the Open Government Sunset Review Act of
39	1995 in accordance with s. 119.15, and shall stand repealed on
40	October 2, 2003, unless reviewed and saved from repeal through
41	reenactment by the Legislature.
42	Section 2. This act shall take effect October 1, 2003.