Senate Bill sb0288

    Florida Senate - 2003                                   SB 288

    By the Committee on Governmental Oversight and Productivity





    302-352-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         110.1091, F.S., which provides an exemption

  4         from public-records requirements for personal

  5         identifying information contained in records

  6         relating to a state employee's participation in

  7         an employee assistance program; deleting

  8         provisions authorizing the routine monitoring

  9         of telephone calls; removing the repeal of the

10         exemption scheduled under the Open Government

11         Sunset Review Act of 1995; providing an

12         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 110.1091, Florida Statutes, is amended to

19  read:

20         110.1091  Program for assisting state employees;

21  confidentiality.--

22         (1)  An employing state agency may provide a program to

23  assist any of its state employees who have a behavioral or

24  medical disorder, substance abuse problem, or emotional

25  difficulty that affects their job performance, through

26  referral for counseling, therapy, or other professional

27  treatment. Each employing state agency may designate community

28  diagnostic and referral resources as necessary to implement

29  the provisions of this section.

30         (2)  Any communication between a state employee and

31  personnel or service providers of a state employee assistance

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






    Florida Senate - 2003                                   SB 288
    302-352-03




 1  program relative to the employee's participation in the

 2  program is shall be a confidential communication. Any routine

 3  monitoring of telephone calls by the state agency does not

 4  violate this provision. All personal identifying information

 5  contained in records relating relative to a state employee's

 6  that participation in an employee assistance program are shall

 7  be confidential and exempt from the provisions of s. 119.07(1)

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

 9  is 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 which is
      provided for personal identifying information contained
18    in records relating to a state employee's participation
      in an employee assistance program. Removes provisions
19    that authorize telephone calls to be monitored. Removes
      the repeal of the exemption scheduled on October 2, 2003,
20    under the Open Government Sunset Review Act of 1995.

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