| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 741.313, |
| 3 | F.S.; expanding an exemption from public records |
| 4 | requirements for certain records and time sheets submitted |
| 5 | to an agency to include those submitted by an employee who |
| 6 | is a victim of sexual violence; extending future |
| 7 | legislative review and repeal; amending s. 2, ch. 2007- |
| 8 | 108, Laws of Florida; revising a statement of public |
| 9 | necessity to conform; providing a contingent effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (7) of section 741.313, Florida |
| 15 | Statutes, is amended 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 or sexual |
| 20 | violence and that is submitted to an agency, as defined in |
| 21 | chapter 119, by an agency employee under the requirements of |
| 22 | this section is confidential and exempt from s. 119.07(1) and s. |
| 23 | 24(a), Art. I of the State Constitution. |
| 24 | (b) A written request for leave that 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| 31 | repealed on October 2, 2013 2012, unless reviewed and saved from |
| 32 | repeal through reenactment by the Legislature. |
| 33 | Section 2. Section 2 of chapter 2007-108, Laws of Florida, |
| 34 | is amended to read: |
| 35 | Section 2. The Legislature finds that it is a public |
| 36 | necessity to make confidential and exempt from disclosure |
| 37 | personal identifying information contained in records submitted |
| 38 | to an agency, as defined in chapter 119, Florida Statutes, by an |
| 39 | agency employee which documents an act of domestic violence or |
| 40 | sexual violence and which is submitted in order to obtain leave |
| 41 | under s. 741.313, Florida Statutes. Such information, if |
| 42 | publicly available, could expose the victim of domestic violence |
| 43 | or sexual violence to public humiliation and shame and could |
| 44 | inhibit that victim from availing himself or herself of the |
| 45 | relief provided under s. 741.313, Florida Statutes. In addition, |
| 46 | the Legislature finds that it is a public necessity to make |
| 47 | confidential and exempt from disclosure an agency employee's |
| 48 | request for leave until 1 year after the leave has been taken. |
| 49 | If that information were publicly available, it could be used by |
| 50 | the partner or former partner of the victim of domestic violence |
| 51 | or sexual violence to determine the schedule and location of the |
| 52 | employee who is the victim of domestic violence or sexual |
| 53 | violence. The employee's request for leave is exempt from |
| 54 | disclosure only temporarily and such record is available 1 year |
| 55 | after the leave has been taken, thereby providing continued |
| 56 | public oversight of public moneys. |
| 57 | Section 3. This act shall take effect on the same date |
| 58 | that House Bill 489 or similar legislation takes effect, if such |
| 59 | legislation is adopted in the same legislative session, or an |
| 60 | extension thereof, and becomes law. |