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 dependent child |
28 | of a current or former officer or employee of an agency, which |
29 | dependent child 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. For purposes of this exemption, "dependent child" |
32 | has the same meaning as in s. 409.2554. |
33 | b. This exemption is remedial in nature and applies to |
34 | personal identifying information held by an agency before, on, |
35 | or after the effective date of this exemption. |
36 | c. This subparagraph is subject to the Open Government |
37 | Sunset Review Act in accordance with s. 119.15 and shall stand |
38 | repealed on October 2, 2014, unless reviewed and saved from |
39 | repeal through reenactment by the Legislature. |
40 | Section 2. The Legislature finds that it is a public |
41 | necessity that personal identifying information of a dependent |
42 | child of a current or former officer or employee of an agency, |
43 | which dependent child is insured by an agency group insurance |
44 | plan, be made exempt from public records requirements. Personal |
45 | identifying information of an agency employee is and should |
46 | remain available to the public because such employee works for |
47 | the public. The Legislature notes that the existence of the |
48 | World Wide Web and the proliferation of personal computers |
49 | throughout the world encourages and promotes the wide |
50 | dissemination of information 24 hours a day and that such |
51 | widespread unauthorized dissemination of personal identifying |
52 | information of an insured dependent child could subject the |
53 | child to harm. Personal identifying information could be |
54 | obtained by a requestor and used to identify the dependent child |
55 | for sexual or other criminal purposes. Exempting the personal |
56 | identifying information of such insured dependent child helps to |
57 | protect the child while still providing the public with access |
58 | to agency group insurance information that does not specifically |
59 | identify such child. |
60 | Section 3. This act shall take effect July 1, 2009. |