Senate Bill sb0256

    Florida Senate - 2003                                   SB 256

    By the Committee on Comprehensive Planning





    316-166A-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         125.585, F.S.; providing for the

  4         confidentiality of personal identifying

  5         information contained in records relating to a

  6         county employee's participation in an employee

  7         assistance program; clarifying the definition

  8         of the term "employee assistance program";

  9         reenacting the exemption and removing the

10         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 125.585, Florida Statutes, is reenacted and

19  amended to read:

20         125.585  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 county to assist

25  any county employee who has a behavioral disorder, or medical

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

27  difficulty that which affects the employee's job performance,

28  through referral for counseling, therapy, or other

29  professional treatment.

30         (2)  Any communication between a county employee and

31  personnel or service providers of a county employee assistance

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






    Florida Senate - 2003                                   SB 256
    316-166A-03




 1  program relating to that employee's participation in such

 2  program shall be a confidential communication.  Any routine

 3  monitoring of telephone calls by the county does not violate

 4  this provision. All personal identifying information contained

 5  in records relating to a county employee's that participation

 6  in an employee assistance program are confidential and exempt

 7  from s. 119.07(1) and s. 24(a), Art. I of the State

 8  Constitution. This section is subject to the Open Government

 9  Sunset Review Act of 1995 in accordance with s. 119.15, and

10  shall stand repealed on October 2, 2003, unless reviewed and

11  saved from repeal through reenactment by the Legislature.

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

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15                          SENATE SUMMARY

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

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