HB 1591 2003
1	A bill to be entitled
2	An act relating to a public records exemption for state
3	employee assistance program records; amending s. 110.1091,
4	F.S.; narrowing the exemption for records relating to an
5	employee's participation in an employee assistance program
6	to provide that an employee’s personal identifying
7	information contained in employee assistance program
8	records is confidential and exempt; making editorial
9	changes; removing the October 2, 2003, repeal thereof
10	scheduled pursuant to the Open Government Sunset Review
11	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 110.1091, Florida Statutes, is
18	amended to read:
19	110.1091 Employee assistance programs; public records
20	exemptionProgram for assisting state employees;
21	confidentiality.--
22	(1) An employing state agency may provide a counseling,
23	therapeutic, or other professional treatmentprogram to assist
24	any of its state employeeemployees who hashave a behavioral
25	disorder,or medical disorder, or substance abuse problem, or
26	who has an emotional difficulty that affects the employee’s
27	their job performance, through referral for counseling, therapy,
28	or other professional treatment. Each employing state agency may
29	designate community diagnostic and referral resources as
30	necessary to implement the provisions of this subsection
31	section.
32	(2) A state employee’s personal identifying information
33	contained inAny communication between a state employee and
34	personnel or service providers of a state employee assistance
35	program relative to the employee's participation in the program
36	shall be a confidential communication. Any routine monitoring of
37	telephone calls by the state agency does not violate this
38	provision. All records held by an employing state agency
39	relatingrelative to an employee’sthat participation in an
40	employee assistance program isshall beconfidential and exempt
41	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
42	State Constitution. This section is subject to the Open
43	Government Sunset Review Act of 1995 in accordance with s.
44	119.15, and shall stand repealed on October 2, 2003, unless
45	reviewed and saved from repeal through reenactment by the
46	Legislature.
47	Section 2. This act shall take effect October 1, 2003.