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A bill to be entitled |
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An act relating to a public records exemption for |
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municipal employee assistance program records; amending s. |
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166.0444, F.S.; narrowing the exemption for records |
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relating to a municipal employee's participation in a |
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municipal employee assistance program to provide that a |
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municipal employee’s personal identifying information |
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contained in employee assistance program records is |
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confidential and exempt; making editorial changes; |
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removing the October 2, 2003, repeal thereof scheduled |
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pursuant to the Open Government Sunset Review Act of 1995; |
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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 166.0444, Florida Statutes, is |
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amended to read: |
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166.0444 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 municipality to assist any municipal |
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employee who has a behavioral disorder,or medical disorder, or |
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substance abuse problem, or who has anemotional difficulty |
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which affects the employee's job performance, through referral |
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for counseling, therapy, or other professional treatment. |
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(2) A municipal employee’s personal identifying |
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information contained inAny communication between a municipal |
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employee and personnel or service providers of a municipal |
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employee assistance program relating to that employee's |
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participation in such programshall be a confidential |
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communication. Any routine monitoring of telephone calls by the |
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municipality does not violate this provision. All records held |
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by the employing municipality relating to that employee’s |
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participation in an employee assistance program isare |
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
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of the State Constitution. This section is subject to the Open |
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Government Sunset Review Act of 1995 in accordance with s. |
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119.15, and shall stand repealed on October 2, 2003, unless |
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reviewed and saved from repeal through reenactment by the |
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Legislature. |
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Section 2. This act shall take effect October 1, 2003. |