ENROLLED
       2023 Legislature                            CS for CS for SB 238
       
       
       
       
       
       
                                                              2023238er
    1  
    2         An act relating to public records; amending s.
    3         381.00318, F.S.; providing an exemption from public
    4         records requirements for certain information held by
    5         the Department of Legal Affairs or the Department of
    6         Health relating to complaints or investigations
    7         regarding violations of provisions protecting from
    8         discrimination based on health care choices;
    9         authorizing the disclosure of such information under
   10         certain circumstances; providing for future
   11         legislative review and repeal of the exemption;
   12         providing a statement of public necessity; providing a
   13         contingent effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 381.00318, Florida Statutes, is amended
   18  to read:
   19         381.00318 Complaints and investigations regarding mandate
   20  prohibitions private employer COVID-19 vaccination mandates;
   21  public records exemption.—
   22         (1) A An employee complaint alleging a business entity’s, a
   23  governmental entity’s, or an educational institution’s private
   24  employer’s violation of s. 381.00316, s. 381.00317, or s.
   25  381.00319 regarding employer COVID-19 vaccination policies or
   26  practices, and all information relating to an investigation of
   27  such complaint, held by the Department of Legal Affairs or the
   28  Department of Health is confidential and exempt from s.
   29  119.07(1) and s. 24(a), Art. I of the State Constitution until
   30  the investigation is completed or ceases to be active. For
   31  purposes of this section, an investigation is considered
   32  “active” while such investigation is being conducted by the
   33  Department of Legal Affairs or the Department of Health with a
   34  reasonable good faith belief that it may lead to a determination
   35  of whether there was a violation of s. 381.00316, s. 381.00317,
   36  or s. 381.00319. An investigation does not cease to be active if
   37  the Department of Legal Affairs or the Department of Health is
   38  proceeding with reasonable dispatch and there is a good faith
   39  belief that action may be initiated by the Department of Legal
   40  Affairs or the Department of Health.
   41         (2) After an investigation is completed or ceases to be
   42  active, information in records relating to the investigation
   43  remains confidential and exempt from s. 119.07(1) and s. 24(a),
   44  Art. I of the State Constitution if disclosure of that
   45  information would do any of the following:
   46         (a) Jeopardize the integrity of another active
   47  investigation.
   48         (b) Reveal medical information about an individual
   49  employee.
   50         (c) Reveal information regarding an individual’s employee’s
   51  religious beliefs.
   52         (3) Information made confidential and exempt under this
   53  section may be released to another business entity, governmental
   54  entity, or educational institution in the furtherance of that
   55  entity’s or institution’s lawful duties and responsibilities.
   56         (4) This section does not prohibit the disclosure of
   57  information in an aggregated format.
   58         (5) This section is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15 and shall stand repealed
   60  on October 2, 2028, unless reviewed and saved from repeal
   61  through reenactment by the Legislature This section shall stand
   62  repealed on October 2, 2023.
   63         Section 2. The Legislature finds that it is a public
   64  necessity that a complaint alleging a business entity’s, a
   65  governmental entity’s, or an educational institution’s violation
   66  of s. 381.00316, Florida Statutes, or s. 381.00319, Florida
   67  Statutes, and all information relating to an investigation of
   68  such complaint held by the Department of Legal Affairs or the
   69  Department of Health, be made exempt from s. 119.07(1), Florida
   70  Statutes, and s. 24(a), Article I of the State Constitution.
   71  Protection of such information is required to safeguard an
   72  individual’s private information regarding medical information
   73  or religious beliefs and to ensure the integrity of an active
   74  investigation, if applicable.
   75         Section 3. This act shall take effect on the same date that
   76  SB 252 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.