Senate Bill sb1800c1

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    Florida Senate - 2006                           CS for SB 1800

    By the Committee on Judiciary; and Senator Aronberg





    590-2481-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         741.313, F.S.; providing an exemption from

  4         public-records requirements for certain records

  5         submitted by an employee of a state agency who

  6         is a victim of domestic violence; providing for

  7         future legislative review and repeal; providing

  8         a statement of public necessity; providing a

  9         contingent effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (7) is added to section 741.313,

14  Florida Statutes, to read:

15         741.313  Unlawful action against employees seeking

16  protection.--

17         (7)(a)  Personal identifying information that is

18  contained in records documenting an act of domestic violence

19  and that is submitted to an agency, as defined in chapter 119,

20  by an agency employee pursuant to the requirements of this

21  section is confidential and exempt from s. 119.07(1) and s.

22  24(a), Art. I of the State Constitution.

23         (b)  A written request for leave which is submitted by

24  an agency employee pursuant to the requirements of this

25  section and any agency time sheet that reflects such a request

26  are confidential and exempt from s. 119.07(1) and s. 24(a),

27  Art. I of the State Constitution until 1 year after the leave

28  has been taken.

29         (c)  This subsection is subject to the Open Government

30  Sunset Review Act in accordance with s. 119.15, and shall

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    Florida Senate - 2006                           CS for SB 1800
    590-2481-06




 1  stand repealed on October 2, 2011, unless reviewed and saved

 2  from repeal through reenactment by the Legislature.

 3         Section 2.  The Legislature finds that it is a public

 4  necessity to make confidential and exempt from disclosure

 5  personal identifying information contained in records

 6  submitted to a state agency by an agency employee which

 7  documents an act of domestic violence and which is submitted

 8  in order to obtain leave pursuant to s. 741.313, Florida

 9  Statutes. Such information, if publicly available, could

10  expose the victim of domestic violence to public humiliation

11  and shame and could inhibit that victim from availing himself

12  or herself of the relief provided under s. 741.313, Florida

13  Statutes. In addition, the Legislature finds that it is a

14  public necessity to make confidential and exempt from

15  disclosure an agency employee's request for leave until 1 year

16  after the leave has been taken. If such information were

17  publicly available, it could be used by the partner or former

18  partner of the victim of domestic violence to determine the

19  schedule and location of the employee who is the victim of

20  domestic violence. The employee's request for leave is exempt

21  from disclosure only temporarily and such record is available

22  1 year after the leave has been taken, thereby providing

23  continued public oversight of public moneys.

24         Section 3.  This act shall take effect on the same date

25  that Senate Bill 498 or similar legislation takes effect, if

26  such legislation is adopted in the same legislative session,

27  or an extension thereof, and becomes law.

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    Florida Senate - 2006                           CS for SB 1800
    590-2481-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1800

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 4  Revises public records exemption language to comply with the
    requirements of the Public Records Law.
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    Revises public records exemptions repeal date to October 2nd
 6  of the fifth year after enactment pursuant to the Public
    Records Law.
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