HB 63

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 certain records and time sheets submitted
5to an agency, as defined in ch. 119, F.S., by an employee
6who is a victim of domestic violence; providing for future
7legislative review and repeal under the Open Government
8Sunset Review Act; providing a statement of public
9necessity; providing a contingent effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (7) is added to section 741.313,
14Florida Statutes, as created by House Bill 55, 2007 Regular
15Session, to read:
16     741.313  Unlawful action against employees seeking
17protection.--
18     (7)(a)  Personal identifying information that is contained
19in records documenting an act of domestic violence and that is
20submitted to an agency, as defined in chapter 119, by an agency
21employee under the requirements of this section is confidential
22and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
23Constitution.
24     (b)  A written request for leave which is submitted by an
25agency employee under the requirements of this section and any
26agency time sheet that reflects such a request are confidential
27and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
28Constitution until 1 year after the leave has been taken.
29     (c)  This subsection is subject to the Open Government
30Sunset Review Act in accordance with s. 119.15, and shall stand
31repealed on October 2, 2012, unless reviewed and saved from
32repeal through reenactment by the Legislature.
33     Section 2.  The Legislature finds that it is a public
34necessity to make confidential and exempt from disclosure
35personal identifying information contained in records submitted
36to an agency, as defined in chapter 119, Florida Statutes, by an
37agency employee which documents an act of domestic violence and
38which is submitted in order to obtain leave under s. 741.313,
39Florida Statutes. Such information, if publicly available, could
40expose the victim of domestic violence to public humiliation and
41shame and could inhibit that victim from availing himself or
42herself of the relief provided under s. 741.313, Florida
43Statutes. In addition, the Legislature finds that it is a public
44necessity to make confidential and exempt from disclosure an
45agency employee's request for leave until 1 year after the leave
46has been taken. If that information were publicly available, it
47could be used by the partner or former partner of the victim of
48domestic violence to determine the schedule and location of the
49employee who is the victim of domestic violence. The employee's
50request for leave is exempt from disclosure only temporarily and
51such record is available 1 year after the leave has been taken,
52thereby providing continued public oversight of public moneys.
53     Section 3.  This act shall take effect on the same date
54that House Bill 55 or similar legislation takes effect, if such
55legislation is adopted in the same legislative session, or an
56extension thereof, and becomes law.


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