Senate Bill sb0254

    Florida Senate - 2003                                   SB 254

    By the Committee on Comprehensive Planning





    316-167A-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         166.0444, F.S.; providing for the

  4         confidentiality of personal identifying

  5         information contained in records relating to a

  6         municipal employee's participation in an

  7         employee assistance program; clarifying the

  8         definition of the term "employee assistance

  9         program"; reenacting the exemption and removing

10         the repeal thereof scheduled under the Open

11         Government Sunset Review Act of 1995; providing

12         an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Notwithstanding the repeal scheduled on

17  October 2, 2003, under the Open Government Sunset Review Act

18  of 1995, section 166.0444, Florida Statutes, is reenacted and

19  amended to read:

20         166.0444  Employee assistance programs;

21  confidentiality.--

22         (1)  As used in this section, the term "employee

23  assistance program" means a counseling, therapy, or other

24  professional treatment program provided by a municipality to

25  assist any municipal employee who has a behavioral disorder,

26  or medical disorder, or substance abuse problem, or who has an

27  emotional difficulty that which affects the employee's job

28  performance, through referral for counseling, therapy, or

29  other professional treatment.

30         (2)  Any communication between a municipal employee and

31  personnel or service providers of a municipal employee

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                   SB 254
    316-167A-03




 1  assistance program relating to that employee's participation

 2  in such program shall be a confidential communication. Any

 3  routine monitoring of telephone calls by the municipality does

 4  not violate this provision. All personal identifying

 5  information contained in records relating to a municipal

 6  employee's that participation in an employee assistance

 7  program are confidential and exempt from s. 119.07(1) and s.

 8  24(a), Art. I of the State Constitution. This section is

 9  subject to the Open Government Sunset Review Act of 1995 in

10  accordance with s. 119.15, and shall stand repealed on October

11  2, 2003, unless reviewed and saved from repeal through

12  reenactment by the Legislature.

13         Section 2.  This act shall take effect October 1, 2003.

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16                          SENATE SUMMARY

17    Revises an exemption from the public-records law to
      provide for the confidentiality of personal identifying
18    information contained in records relating to a municipal
      employee's participation in an employee assistance
19    program. Removes the repeal of the exemption scheduled on
      October 2, 2003, under the Open Government Sunset Review
20    Act of 1995.

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CODING: Words stricken are deletions; words underlined are additions.