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.