Florida Senate - 2008 SB 2574

By Senator Fasano

11-04296-08 20082574__

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A bill to be entitled

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An act relating to public records; amending s. 741.313,

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F.S.; expanding an exemption from public-records

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requirements for certain records and time sheets submitted

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to an agency to include those submitted by an employee who

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is a victim of sexual violence; extending future

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legislative review and repeal; amending s. 2, ch. 2007-

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108, Laws of Florida; revising a statement of public

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necessity to conform; providing a contingent effective

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date.

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

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     Section 1.  Subsection (7) of section 741.313, Florida

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Statutes, is amended to read:

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     741.313  Unlawful action against employees seeking

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protection.--

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

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in records documenting an act of domestic violence or sexual

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violence and that is submitted to an agency, as defined in

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chapter 119, by an agency employee under the requirements of this

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

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

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     (b)  A written request for leave that is submitted by an

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agency employee under the requirements of this section and any

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agency time sheet that reflects such a request are confidential

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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution until 1 year after the leave has been taken.

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     (c)  This subsection is subject to the Open Government

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

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repealed on October 2, 2013 2012, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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     Section 2.  Section 2 of chapter 2007-108, Laws of Florida,

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is amended to read:

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     Section 2.  The Legislature finds that it is a public

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necessity to make confidential and exempt from disclosure

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personal identifying information contained in records submitted

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to an agency, as defined in chapter 119, Florida Statutes, by an

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agency employee which documents an act of domestic violence or

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sexual violence and which is submitted in order to obtain leave

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under s. 741.313, Florida Statutes. Such information, if publicly

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available, could expose the victim of domestic violence or sexual

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violence to public humiliation and shame and could inhibit that

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victim from availing himself or herself of the relief provided

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under s. 741.313, Florida Statutes. In addition, the Legislature

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finds that it is a public necessity to make confidential and

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exempt from disclosure an agency employee's request for leave

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until 1 year after the leave has been taken. If that information

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were publicly available, it could be used by the partner or

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former partner of the victim of domestic violence or sexual

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violence to determine the schedule and location of the employee

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who is the victim of domestic violence or sexual violence. The

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employee's request for leave is exempt from disclosure only

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temporarily and such record is available 1 year after the leave

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has been taken, thereby providing continued public oversight of

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public moneys.

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

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Senate Bill 994 or similar legislation takes effect, if such

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legislation is adopted in the same legislative session, or an

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extension thereof, and becomes law.

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