ENROLLED HB 1025 2003 Legislature
1	A bill to be entitled
2	An act relating to a public records exemption for
3	municipal employee assistance program records; amending s.
4	166.0444, F.S.; narrowing the exemption for records
5	relating to a municipal employee's participation in a
6	municipal employee assistance program to provide that a
7	municipal employee’s personal identifying information
8	contained in employee assistance program records is
9	confidential and exempt; making editorial changes;
10	removing the October 2, 2003, repeal thereof scheduled
11	pursuant to the Open Government Sunset Review Act of 1995;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Notwithstanding the October 2, 2003, repeal of
17	said section scheduled pursuant to the Open Government Sunset
18	Review Act of 1995, section 166.0444, Florida Statutes, is
19	amended to read:
20	166.0444 Employee assistance programs; public records
21	exemptionconfidentiality.--
22	(1) As used in this section, "employee assistance program"
23	means a counseling, therapeutic, or other professional treatment
24	program provided by a municipality to assist any municipal
25	employee who has a behavioral disorder,or medical disorder, or
26	substance abuse problem, or who has anemotional difficulty
27	which affects the employee's job performance, through referral
28	for counseling, therapy, or other professional treatment.
29	(2) A municipal employee’s personal identifying
30	information contained inAny communication between a municipal
31	employee and personnel or service providers of a municipal
32	employee assistance program relating to that employee's
33	participation in such programshall be a confidential
34	communication. Any routine monitoring of telephone calls by the
35	municipality does not violate this provision. All records held
36	by the employing municipality relating to that employee’s
37	participation in an employee assistance program isare
38	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
39	of the State Constitution. This section is subject to the Open
40	Government Sunset Review Act of 1995 in accordance with s.
41	119.15, and shall stand repealed on October 2, 2003, unless
42	reviewed and saved from repeal through reenactment by the
43	Legislature.
44	Section 2. This act shall take effect October 1, 2003.