Florida Senate - 2023 SB 492 By Senator Jones 34-01423-23 2023492__ 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 time sheets submitted to an agency by an employee 6 requesting specified leave relating to a homicide; 7 providing for future legislative review and repeal of 8 the exemption; providing a statement of public 9 necessity; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (d) is added to subsection (4) of 14 section 448.046, Florida Statutes, as created by SB ___ or 15 similar legislation, to read: 16 448.046 Leave and work accommodations for family or 17 household members of homicide victims.— 18 (4) 19 (d)1. The following information obtained by an agency as 20 defined in s. 119.011 from an agency employee requesting leave 21 pursuant to this section is confidential and exempt from s. 22 119.07(1) and s. 24(a), Art. I of the State Constitution: 23 a. Personal identifying information contained in any 24 records documenting a homicide; and 25 b. For a period of 1 year after the date the employee 26 returns to work from such leave, the employee’s written request 27 for leave and any time sheets that reflect such request. 28 2. This paragraph is subject to the Open Government Sunset 29 Review Act in accordance with s. 119.15 and shall stand repealed 30 on October 2, 2028, unless reviewed and saved from repeal 31 through reenactment by the Legislature. 32 Section 2. The Legislature finds that it is a public 33 necessity to make confidential and exempt from public records 34 requirements the personal identifying information contained in 35 records that document a homicide and that are submitted to an 36 agency by an agency employee requesting specified leave. Such 37 information, if publicly available, could expose the employee to 38 safety risks, public humiliation, or shame and could inhibit the 39 employee from availing himself or herself of the relief provided 40 under s. 448.046, Florida Statutes. In addition, the Legislature 41 further finds that it is a public necessity to make confidential 42 and exempt from public records requirements an agency employee’s 43 written request for leave, and any time sheets reflecting such 44 request, until 1 year after the leave has been taken. If that 45 information were publicly available, it could be used by the 46 person who committed the homicide, or the associates of such 47 person, to determine the schedule and location of the employee 48 whose family or household member was a homicide victim. The 49 employee’s request for leave is exempt from disclosure only 50 temporarily, and such record is available 1 year or more after 51 the leave has been taken, thereby providing continued public 52 oversight of public moneys. 53 Section 3. This act shall take effect on the same date that 54 SB ___ or similar legislation takes effect, if such legislation 55 is adopted in the same legislative session or an extension 56 thereof and becomes a law.