SENATE AMENDMENT
    Bill No. SB 288
    Amendment No. ___   Barcode 472926
                            CHAMBER ACTION
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       05/01/2003 04:56 PM         .                    
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11  Senator Wise moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 22, through page 2, line 12, delete
15  those lines
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17  and insert:  
18         10.1091  Employee assistance programs; public records
19  exemption Program for assisting state employees;
20  confidentiality.--
21         (1)  An employing state agency may provide a
22  counseling, therapeutic, or other professional treatment
23  program to assist any of its state employee employees who has
24  have a behavioral disorder, or medical disorder, or substance
25  abuse problem, or who has an emotional difficulty that affects
26  the employee's their job performance, through referral for
27  counseling, therapy, or other professional treatment . Each
28  employing state agency may designate community diagnostic and
29  referral resources as necessary to implement the provisions of
30  this subsection section.
31         (2)  A state employee's personal identifying
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    10:17 AM   05/01/03                              s0288.go05.aa

SENATE AMENDMENT Bill No. SB 288 Amendment No. ___ Barcode 472926 1 information contained in Any communication between a state 2 employee and personnel or service providers of a state 3 employee assistance program relative to the employee's 4 participation in the program shall be a confidential 5 communication. Any routine monitoring of telephone calls by 6 the state agency does not violate this provision. All records 7 held by an employing state agency relating relative to an 8 employee's that participation in an employee assistance 9 program is shall be confidential and exempt from the 10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 11 Constitution. This section is subject to the Open Government 12 Sunset Review Act of 1995 in accordance with s. 119.15, and 13 shall stand repealed on October 2, 2003, unless reviewed and 14 saved from repeal through reenactment by the Legislature. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 1, lines 3-10, delete those lines 20 21 and insert: 22 110.1091, F.S.; narrowing the exemption for 23 records relating to an employee's participation 24 in an employee assistance program to provide 25 that an employee's personal identifying 26 information contained in employee assistance 27 program records is confidential and exempt; 28 making editorial changes; removing the October 29 2, 2003, repeal thereof scheduled pursuant to 30 the Open Government 31 2 10:17 AM 05/01/03 s0288.go05.aa