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| 31 | repealed on October 2, 2012, unless reviewed and saved from |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