Florida Senate - 2009 SB 1260 By Senator Hill 1-01478-09 20091260__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 1012.312, F.S.; providing an exemption from public 4 records requirements for personal identifying 5 information of employees of public educational 6 institutions in the state, and the spouses and 7 children of such employees, and for personal health 8 information of such employees, and the spouses and 9 children of such employees, held by a public 10 educational institution pursuant to the employee's 11 participation in a group health insurance plan or 12 program; providing for disclosure of personal 13 identifying information under specified circumstances; 14 providing for future review and repeal of the 15 exemption; providing a statement of public necessity; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 1012.312, Florida Statutes, is created 21 to read: 22 1012.312 Personal identifying information and personal 23 health information of employees of public educational 24 institutions; public-records exemption.— 25 (1) As used in this section, the term: 26 (a) “Employee” means any current or former employee of an 27 institution comprising a part of the state system of public 28 education, including any teacher, administrator, educational 29 support personnel as defined in s. 1010.215(1)(b), or member of 30 a school board. 31 (b) “Personal identifying information” means: 32 1. An employee's name, social security number, home 33 address, employment status, home telephone number, and 34 photograph. 35 2. The name, age, home address, telephone number, social 36 security number, photograph, and place of employment of the 37 spouse or child of an employee, and the name and location of a 38 school or day care facility attended by the child of an 39 employee. 40 (c) “Personal health information” means: 41 1. A personal health condition of, injury to, history of 42 personal medical diagnosis or treatment of, or any other 43 information that relates to the health of an employee, or to the 44 health of the spouse or child of an employee, contained in any 45 materials, documents, or records held by a public educational 46 institution in the state pursuant to the employee's 47 participation in a group health insurance plan or program. 48 2. The existence or content of any individual coverage or 49 status of coverage under an employee's group health insurance 50 policy. 51 (2) Personal identifying information and personal health 52 information of an employee of an institution comprising a part 53 of the state system of public education are confidential and 54 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 55 Constitution. 56 (3) Personal identifying information made confidential and 57 exempt under subsection (2) may be disclosed to collective 58 bargaining agents representing employees in the performance of 59 their statutory duties under chapter 447. 60 (4) This section is subject to the Open Government Sunset 61 Review Act in accordance with s. 119.15, and shall stand 62 repealed on October 2, 2014, unless reviewed and saved from 63 repeal through reenactment by the Legislature. 64 Section 2. It is the finding of the Legislature that it is 65 a public necessity to protect the personal identifying 66 information of current and former employees of an institution 67 comprising a part of the state system of public education and to 68 protect the personal health information of such employees held 69 by a public educational institution in the state pursuant to the 70 employee's participation in a group health insurance plan or 71 program. Because teachers and administrators in schools, 72 community colleges, and universities are often required to 73 impose disciplinary measures on students for improper conduct or 74 violation of school rules or education policies, access to 75 personal identifying information of a teacher or administrator, 76 or the family members thereof, could be used to harass, stalk, 77 intimidate, or bring harm to a teacher or administrator or his 78 or her family as a means of seeking retribution for the 79 administering of disciplinary measures. Disclosure of personal 80 identifying information can also lead to other forms of invasion 81 of personal privacy, with the sale of personal identifying 82 information for marketing purposes that results in unwanted 83 solicitation being just one form of such invasiveness. It is 84 also the finding of the Legislature that matters of personal 85 health are traditionally private and confidential concerns 86 between a patient and his or her health care provider. The 87 private and confidential nature of personal health matters 88 pervades both the public and private health care sectors. Public 89 disclosure of an employee's personal health information held by 90 a public educational institution pursuant to a group health 91 insurance plan or program could have a negative effect on an 92 employee's business and personal relationships and could also 93 have detrimental financial consequences. For this reason, a 94 person's expectation of a right to privacy in all matters 95 regarding his or her personal health necessitates the exemption 96 from public-records requirements for such information. 97 Additionally, names of beneficiaries in insurance information 98 should not be public information. Therefore, it is the finding 99 of the Legislature that personal identifying information of 100 current and former employees of an institution comprising a part 101 of the state system of public education and personal health 102 information of such employees held by a public educational 103 institution pursuant to a group health insurance plan or program 104 be made confidential and exempt from public-records 105 requirements. 106 Section 3. This act shall take effect July 1, 2009.