Florida Senate - 2021                                     SB 4-B
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00005-21B                                            20214B__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         381.00318, F.S.; providing an exemption from public
    4         records requirements for employee complaints alleging
    5         a private employer’s violation of state law regarding
    6         employer COVID-19 vaccination policies or practices
    7         and all information held by the Department of Legal
    8         Affairs pursuant to an active investigation of such
    9         complaints; defining the term “active”; specifying
   10         information that remains confidential and exempt after
   11         an investigation is completed or ceases to be active;
   12         authorizing the release of confidential and exempt
   13         information to governmental entities for a specified
   14         purpose; providing construction; providing for future
   15         repeal of the exemption; providing a statement of
   16         public necessity; providing a contingent effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 381.00318, Florida Statutes, is created
   22  to read:
   23         381.00318 Complaints and investigations regarding private
   24  employer COVID-19 vaccination mandates; public records
   25  exemption.—
   26         (1) An employee complaint alleging a private employer’s
   27  violation of s. 381.00317 regarding employer COVID-19
   28  vaccination policies or practices, and all information relating
   29  to an investigation of such complaint, held by the Department of
   30  Legal Affairs is confidential and exempt from s. 119.07(1) and
   31  s. 24(a), Art. I of the State Constitution until the
   32  investigation is completed or ceases to be active. For purposes
   33  of this section, an investigation is considered “active” while
   34  such investigation is being conducted by the department with a
   35  reasonable good faith belief that it may lead to a determination
   36  of whether there was a violation of s. 381.00317. An
   37  investigation does not cease to be active if the department is
   38  proceeding with reasonable dispatch and there is a good faith
   39  belief that action may be initiated by the department.
   40         (2) After an investigation is completed or ceases to be
   41  active, information in records relating to the investigation
   42  remains confidential and exempt from s. 119.07(1) and s. 24(a),
   43  Art. I of the State Constitution if disclosure of that
   44  information would do any of the following:
   45         (a) Jeopardize the integrity of another active
   46  investigation.
   47         (b) Reveal medical information about an employee.
   48         (c) Reveal information regarding an employee’s religious
   49  beliefs.
   50         (3) Information made confidential and exempt under this
   51  section may be released to another governmental entity in the
   52  furtherance of that entity’s lawful duties and responsibilities.
   53         (4) This section does not prohibit the disclosure of
   54  information in an aggregated format.
   55         (5) This section shall stand repealed on October 2, 2023.
   56         Section 2. The Legislature finds that it is a public
   57  necessity that an employee complaint alleging a private
   58  employer’s violation of s. 318.00317, Florida Statutes,
   59  regarding such employer’s COVID-19 vaccination policies or
   60  practices, and all information relating to an investigation of
   61  such complaint, held by the Department of Legal Affairs be made
   62  confidential and exempt from s. 119.07(1), Florida Statutes, and
   63  s. 24(a), Article I of the State Constitution until the
   64  investigation is completed or ceases to be active. The
   65  Legislature also finds that it is a public necessity that an
   66  employee’s medical information and information regarding an
   67  employee’s religious beliefs remain confidential and exempt from
   68  public records requirements regardless of the status of the
   69  investigation. The disclosure of such information would allow
   70  the public to gain knowledge of sensitive, personal information
   71  that could be used to harass, embarrass, or humiliate a person
   72  based on his or her medical information or religious beliefs. In
   73  addition, release of such information could enable other persons
   74  to gain knowledge of the employee’s vulnerabilities, and such
   75  knowledge could result in the employee becoming a target of an
   76  act of violence or other crimes. Furthermore, the public
   77  disclosure of such information could discourage an employee from
   78  filing a complaint if he or she knows that his or her personal
   79  medical information or religious beliefs will be made available
   80  pursuant to a public records request. Finally, if a
   81  complainant’s information is made publicly available while an
   82  investigation is active, that complainant could become the
   83  subject of intimidation tactics and threats, thus hindering the
   84  effective and efficient administration of the investigation by
   85  the Department of Legal Affairs. Therefore, the Legislature
   86  finds that it is a public necessity that an employee complaint
   87  alleging a private employer’s violation of s. 381.00317, Florida
   88  Statutes, regarding such employer’s COVID-19 vaccination
   89  policies or practices, and all information relating to an
   90  investigation of such complaint, held by the Department of Legal
   91  Affairs, be made confidential and exempt from s. 119.07(1),
   92  Florida Statutes, and s. 24(a), Article I of the State
   93  Constitution.
   94         Section 3. This act shall take effect on the same date that
   95  SB 2B or similar legislation takes effect, if such legislation
   96  is adopted in the same legislative session and becomes a law.