HB 409

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

CODING: Words stricken are deletions; words underlined are additions.