1 | A bill to be entitled |
2 | An act relating to public records; amending s. 741.313, |
3 | F.S.; providing an exemption from public records |
4 | requirements for personal identifying information |
5 | contained in records documenting an act of domestic |
6 | violence and submitted to an agency by an agency employee |
7 | in order to obtain leave; providing an exemption from |
8 | public records requirements for a written request for |
9 | leave submitted by an agency employee who is a victim of |
10 | domestic violence and any agency time sheet that reflects |
11 | such a request; providing for limited duration of the |
12 | exemption; providing for review and repeal; providing a |
13 | statement of public necessity; providing a contingent |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsection (7) is added to section 741.313, |
19 | Florida Statutes, as created by HB 1505, 2006 Regular Session, |
20 | to read: |
21 | 741.313 Unlawful action against employees seeking |
22 | protection.-- |
23 | (7)(a) Personal identifying information contained in |
24 | records documenting an act of domestic violence and submitted to |
25 | an agency, as defined in chapter 119, by an agency employee |
26 | pursuant to the requirements of this section is confidential and |
27 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
28 | Constitution. |
29 | (b) A written request for leave which is submitted by an |
30 | agency employee pursuant to the requirements of this section and |
31 | any agency time sheet that reflects such a request are |
32 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
33 | of the State Constitution for a period of 1 year after the leave |
34 | has been taken. |
35 | (c) This subsection is subject to the Open Government |
36 | Sunset Review Act in accordance with s. 119.15 and shall stand |
37 | repealed on October 2, 2011, unless reviewed and saved from |
38 | repeal through reenactment by the Legislature. |
39 | Section 2. The Legislature finds that it is a public |
40 | necessity to make confidential and exempt from s. 119.07(1), |
41 | Florida Statutes, and s. 24(a), Art. I of the State Constitution |
42 | personal identifying information contained in records submitted |
43 | to a state agency by an agency employee which documents an act |
44 | of domestic violence and which is submitted in order to obtain |
45 | leave pursuant to s. 741.313, Florida Statutes. Such |
46 | information, if publicly available, could expose the victim of |
47 | domestic violence to public humiliation and shame and could |
48 | inhibit the victim from availing himself or herself of the |
49 | relief provided under s. 741.313, Florida Statutes. In addition, |
50 | the Legislature finds that it is a public necessity to make |
51 | confidential and exempt from s. 119.07(1), Florida Statutes, and |
52 | s. 24(a), Art. I of the State Constitution an agency employee's |
53 | request for leave until 1 year after the leave has been taken. |
54 | If such information were publicly available, it could be used by |
55 | the partner or former partner of the victim of domestic violence |
56 | to determine the schedule and location of the employee who is |
57 | the victim of domestic violence. The employee's request for |
58 | leave is exempt from disclosure only temporarily and such record |
59 | is available 1 year after the leave has been taken, thereby |
60 | providing continued public oversight of public funds. |
61 | Section 3. This act shall take effect on the same date |
62 | that House Bill 1505 or similar legislation takes effect, if |
63 | such legislation is adopted in the same legislative session, or |
64 | an extension thereof, and becomes law. |