Florida Senate - 2020 SB 1168 By Senator Braynon 35-01085-20 20201168__ 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 complaints in the custody of 5 any agency related to discrimination based on height 6 or weight; amending s. 119.0713, F.S.; providing an 7 exemption from public records requirements for 8 complaints in the custody of any unit of local 9 government related to discrimination based on height 10 or weight; providing a statement of public necessity; 11 providing a contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (g) of subsection (2) of section 16 119.071, Florida Statutes, is amended to read: 17 119.071 General exemptions from inspection or copying of 18 public records.— 19 (2) AGENCY INVESTIGATIONS.— 20 (g)1. All complaints and other records in the custody of 21 any agency which relate to a complaint of discrimination 22 relating to race, color, religion, sex, height, weight, national 23 origin, age, handicap, or marital status in connection with 24 hiring practices, position classifications, salary, benefits, 25 discipline, discharge, employee performance, evaluation, or 26 other related activities are exempt from s. 119.07(1) and s. 27 24(a), Art. I of the State Constitution until a finding is made 28 relating to probable cause, the investigation of the complaint 29 becomes inactive, or the complaint or other record is made part 30 of the official record of any hearing or court proceeding. 31 a. This exemption does not affect any function or activity 32 of the Florida Commission on Human Relations. 33 b. Any state or federal agency that is authorized to have 34 access to such complaints or records by any provision of law 35 shall be granted such access in the furtherance of such agency’s 36 statutory duties. 37 2. If an alleged victim chooses not to file a complaint and 38 requests that records of the complaint remain confidential, all 39 records relating to an allegation of employment discrimination 40 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 41 I of the State Constitution. 42 Section 2. Subsection (1) of section 119.0713, Florida 43 Statutes, is amended to read: 44 119.0713 Local government agency exemptions from inspection 45 or copying of public records.— 46 (1) All complaints and other records in the custody of any 47 unit of local government which relate to a complaint of 48 discrimination relating to race, color, religion, sex, height, 49 weight, national origin, age, handicap, marital status, sale or 50 rental of housing, the provision of brokerage services, or the 51 financing of housing are exempt from s. 119.07(1) and s. 24(a), 52 Art. I of the State Constitution until a finding is made 53 relating to probable cause, the investigation of the complaint 54 becomes inactive, or the complaint or other record is made part 55 of the official record of any hearing or court proceeding. This 56 provision does not affect any function or activity of the 57 Florida Commission on Human Relations. Any state or federal 58 agency that is authorized to access such complaints or records 59 by any provision of law shall be granted such access in the 60 furtherance of such agency’s statutory duties. This subsection 61 does not modify or repeal any special or local act. 62 Section 3. The Legislature finds that it is a public 63 necessity to make complaints related to discrimination based on 64 height or weight exempt from s. 119.07(1), Florida Statutes, and 65 s. 24(a), Article I of the State Constitution. Such personal 66 information, if publicly available, could be used to invade the 67 personal privacy of the complainant or his or her family. 68 Furthermore, the public disclosure of such information could 69 hinder the effective and efficient enforcement of anti 70 discrimination laws by discouraging complaints. Therefore, the 71 Legislature finds that it is a public necessity that complaints 72 related to discrimination based on height or weight be exempt 73 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 74 the State Constitution. 75 Section 4. This act shall take effect on the same date that 76 SB 644 or similar legislation takes effect if such legislation 77 is adopted in the same legislative session or an extension 78 thereof and becomes a law.