HB 1507

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


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