Florida Senate - 2009                                     SB 270
       
       
       
       By Senator Dockery
       
       
       
       
       15-00367-09                                            2009270__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information of certain insured dependents; providing a
    6         statement of retroactive application of the exemption;
    7         providing for future legislative review and repeal of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing an effective date.
   11         
   12  Be It Enacted by the Legislature of the State of Florida:
   13         
   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 the 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  personal identifying information held by an agency before, on,
   34  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   37  repealed on October 2, 2014, unless reviewed and saved from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 the 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.