| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 119.071, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for personal identifying information of |
| 5 | certain insured dependents; providing a statement of |
| 6 | retroactive application of the exemption; providing for |
| 7 | future legislative review and repeal of the exemption |
| 8 | under the Open Government Sunset Review Act; providing a |
| 9 | statement of public necessity; providing an 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. Paragraph (b) of subsection (4) of section |
| 15 | 119.071, Florida Statutes, is amended to read: |
| 16 | 119.071 General exemptions from inspection or copying of |
| 17 | public records.-- |
| 18 | (4) AGENCY PERSONNEL INFORMATION.-- |
| 19 | (b)1. Medical information pertaining to a prospective, |
| 20 | current, or former officer or employee of an agency which, if |
| 21 | disclosed, would identify that officer or employee is exempt |
| 22 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 23 | Constitution. However, such information may be disclosed if the |
| 24 | person to whom the information pertains or the person's legal |
| 25 | representative provides written permission or pursuant to court |
| 26 | order. |
| 27 | 2.a. Personal identifying information of a minor dependent |
| 28 | of a current or former officer or employee of an agency, which |
| 29 | dependent is insured by an agency group insurance plan, is |
| 30 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 31 | Constitution. |
| 32 | b. This exemption is remedial in nature and applies to |
| 33 | such personal identifying information held by an agency before, |
| 34 | on, or after the effective date of this exemption. |
| 35 | c. This subparagraph is subject to the Open Government |
| 36 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 37 | repealed on October 2, 2014, unless reviewed and saved from |
| 38 | repeal through reenactment by the Legislature. |
| 39 | Section 2. The Legislature finds that it is a public |
| 40 | necessity that personal identifying information of a minor |
| 41 | dependent of a current or former officer or employee of an |
| 42 | agency, which dependent is insured by an agency group insurance |
| 43 | plan, be made exempt from public records requirements. Personal |
| 44 | identifying information of an agency employee is and should |
| 45 | remain available to the public because such employee works for |
| 46 | the public; however, personal identifying information of the |
| 47 | insured minor dependent of such employee held by an agency is |
| 48 | sensitive, personal information that could be obtained by a |
| 49 | requestor and used to identify a minor for sexual or other |
| 50 | criminal offenses. Exempting personal identifying information of |
| 51 | such insured minor helps to protect the minor while still |
| 52 | providing public oversight of group insurance plans by |
| 53 | permitting the release of information that does not specifically |
| 54 | identify such minor. |
| 55 | Section 3. This act shall take effect July 1, 2009. |