Florida Senate - 2022                                    SB 1308
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00991-22                                           20221308__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         448.046, F.S.; providing a public records exemption
    4         for certain personal identifying information, records,
    5         and timesheets submitted to an agency by an employee
    6         who is requesting specified leave relating to a
    7         homicide; providing for future legislative review and
    8         repeal of the exemption; providing a statement of
    9         public necessity; providing a contingent effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (d) is added to subsection (4) of
   15  section 448.046, Florida Statutes, as created by SB ___, 2022
   16  Regular Session, or similar legislation, to read:
   17         448.046 Leave and work accommodations for family or
   18  household members of homicide victims.—
   19         (4)
   20         (d)1. The following information obtained by an agency as
   21  defined in s. 119.011 from an agency employee requesting leave
   22  pursuant to this section is confidential and exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution:
   24         a. Personal identifying information contained in any
   25  records documenting a homicide; and
   26         b. For a period of 1 year after the date the employee
   27  returns to work from such leave, the employee’s written request
   28  for leave and any timesheets that reflect such request.
   29         2. This paragraph is subject to the Open Government Sunset
   30  Review Act in accordance with s. 119.15 and shall stand repealed
   31  on October 2, 2027, unless reviewed and saved from repeal
   32  through reenactment by the Legislature.
   33         Section 2. The Legislature finds that it is a public
   34  necessity to make personal identifying information contained in
   35  records submitted to an agency by an agency employee requesting
   36  specified leave which document a homicide confidential and
   37  exempt from public records requirements. Such information, if
   38  publicly available, could expose the employee to safety risks,
   39  public humiliation, or shame and could inhibit the employee from
   40  availing himself or herself of the relief provided under s.
   41  448.046, Florida Statutes. In addition, the Legislature further
   42  finds that it is a public necessity to make an agency employee’s
   43  written request for leave, and any timesheets reflecting such
   44  request, confidential and exempt from public records
   45  requirements until 1 year after the leave has been taken. If
   46  that information were publicly available, it could be used by
   47  the person who committed the homicide, or the associates of such
   48  person, to determine the schedule and location of the employee
   49  whose family or household member was a homicide victim. The
   50  employee’s request for leave is exempt from disclosure only
   51  temporarily, and such record is available 1 year after the leave
   52  has been taken, thereby providing continued public oversight of
   53  public moneys.
   54         Section 3. This act shall take effect on the same date that
   55  SB ___ or similar legislation takes effect, if such legislation
   56  is adopted in the same legislative session or an extension
   57  thereof and becomes a law.