Bill Text: FL S0238 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Protection from Discrimination Based on Health Care Choices

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-12 - Chapter No. 2023-42, companion bill(s) passed, see CS/SB 252 (Ch. 2023-43) [S0238 Detail]

Download: Florida-2023-S0238-Introduced.html

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       Florida Senate - 2023                                     SB 238
       
       
        
       By Senator Burton
       
       
       
       
       
       12-01820A-23                                           2023238__
    1                        A bill to be entitled                      
    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; authorizing the disclosure of such information
    7         under certain circumstances; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 381.00318, Florida Statutes, is amended
   15  to read:
   16         381.00318 Complaints and investigations regarding private
   17  employer COVID-19 vaccination mandates; public records
   18  exemption.—
   19         (1) A An employee complaint alleging a business entity’s, a
   20  governmental entity’s, or an educational institution’s private
   21  employer’s violation of s. 381.00316 or s. 381.00319 s.
   22  381.00317 regarding employer COVID-19 vaccination policies or
   23  practices, and all information relating to an investigation of
   24  such complaint, held by the Department of Legal Affairs or the
   25  Department of Health is confidential and exempt from s.
   26  119.07(1) and s. 24(a), Art. I of the State Constitution until
   27  the investigation is completed or ceases to be active. For
   28  purposes of this section, an investigation is considered
   29  “active” while such investigation is being conducted by the
   30  Department of Legal Affairs or the Department of Health with a
   31  reasonable good faith belief that it may lead to a determination
   32  of whether there was a violation of s. 381.00316 or s. 381.00319
   33  s. 381.00317. An investigation does not cease to be active if
   34  the Department of Legal Affairs or the Department of Health is
   35  proceeding with reasonable dispatch and there is a good faith
   36  belief that action may be initiated by the Department of Legal
   37  Affairs or the Department of Health.
   38         (2) After an investigation is completed or ceases to be
   39  active, information in records relating to the investigation
   40  remains confidential and exempt from s. 119.07(1) and s. 24(a),
   41  Art. I of the State Constitution if disclosure of that
   42  information would do any of the following:
   43         (a) Jeopardize the integrity of another active
   44  investigation.
   45         (b) Reveal medical information about an individual
   46  employee.
   47         (c) Reveal information regarding an individual’s employee’s
   48  religious beliefs.
   49         (3) Information made confidential and exempt under this
   50  section may be released to another business entity, governmental
   51  entity, or educational institution in the furtherance of that
   52  entity’s or institution’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 is subject to the Open Government Sunset
   56  Review Act in accordance with s. 119.15 and shall stand repealed
   57  on October 2, 2028, unless reviewed and saved from repeal
   58  through reenactment by the Legislature This section shall stand
   59  repealed on October 2, 2023.
   60         Section 2. The Legislature finds that it is a public
   61  necessity that a complaint alleging a business entity’s, a
   62  governmental entity’s, or an educational institution’s violation
   63  of s. 381.00316, Florida Statutes, or s. 381.00319, Florida
   64  Statutes, and all information relating to an investigation of
   65  such complaint held by the Department of Legal Affairs or the
   66  Department of Health, be made exempt from s. 119.07(1), Florida
   67  Statutes, and s. 24(a), Article I of the State Constitution.
   68  Protection of such information is required to safeguard an
   69  individual’s private information regarding medical information
   70  or religious beliefs and to ensure the integrity of an active
   71  investigation, if applicable.
   72         Section 3. This act shall take effect on the same date that
   73  SB ____ or similar legislation takes effect, if such legislation
   74  is adopted in the same legislative session or an extension
   75  thereof and becomes a law.