Bill Text: FL S1168 | 2020 | Regular Session | Introduced

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Bill Title: Public Records/Complaints Related to Discrimination Based on Height or Weight

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-14 - Died in Judiciary [S1168 Detail]

Download: Florida-2020-S1168-Introduced.html

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       Florida Senate - 2020                                    SB 1168
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-01085-20                                           20201168__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for complaints in the custody of
    5         any agency related to discrimination based on height
    6         or weight; amending s. 119.0713, F.S.; providing an
    7         exemption from public records requirements for
    8         complaints in the custody of any unit of local
    9         government related to discrimination based on height
   10         or weight; providing a statement of public necessity;
   11         providing a contingent effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (g) of subsection (2) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (2) AGENCY INVESTIGATIONS.—
   20         (g)1. All complaints and other records in the custody of
   21  any agency which relate to a complaint of discrimination
   22  relating to race, color, religion, sex, height, weight, national
   23  origin, age, handicap, or marital status in connection with
   24  hiring practices, position classifications, salary, benefits,
   25  discipline, discharge, employee performance, evaluation, or
   26  other related activities are exempt from s. 119.07(1) and s.
   27  24(a), Art. I of the State Constitution until a finding is made
   28  relating to probable cause, the investigation of the complaint
   29  becomes inactive, or the complaint or other record is made part
   30  of the official record of any hearing or court proceeding.
   31         a. This exemption does not affect any function or activity
   32  of the Florida Commission on Human Relations.
   33         b. Any state or federal agency that is authorized to have
   34  access to such complaints or records by any provision of law
   35  shall be granted such access in the furtherance of such agency’s
   36  statutory duties.
   37         2. If an alleged victim chooses not to file a complaint and
   38  requests that records of the complaint remain confidential, all
   39  records relating to an allegation of employment discrimination
   40  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   41  I of the State Constitution.
   42         Section 2. Subsection (1) of section 119.0713, Florida
   43  Statutes, is amended to read:
   44         119.0713 Local government agency exemptions from inspection
   45  or copying of public records.—
   46         (1) All complaints and other records in the custody of any
   47  unit of local government which relate to a complaint of
   48  discrimination relating to race, color, religion, sex, height,
   49  weight, national origin, age, handicap, marital status, sale or
   50  rental of housing, the provision of brokerage services, or the
   51  financing of housing are exempt from s. 119.07(1) and s. 24(a),
   52  Art. I of the State Constitution until a finding is made
   53  relating to probable cause, the investigation of the complaint
   54  becomes inactive, or the complaint or other record is made part
   55  of the official record of any hearing or court proceeding. This
   56  provision does not affect any function or activity of the
   57  Florida Commission on Human Relations. Any state or federal
   58  agency that is authorized to access such complaints or records
   59  by any provision of law shall be granted such access in the
   60  furtherance of such agency’s statutory duties. This subsection
   61  does not modify or repeal any special or local act.
   62         Section 3. The Legislature finds that it is a public
   63  necessity to make complaints related to discrimination based on
   64  height or weight exempt from s. 119.07(1), Florida Statutes, and
   65  s. 24(a), Article I of the State Constitution. Such personal
   66  information, if publicly available, could be used to invade the
   67  personal privacy of the complainant or his or her family.
   68  Furthermore, the public disclosure of such information could
   69  hinder the effective and efficient enforcement of anti
   70  discrimination laws by discouraging complaints. Therefore, the
   71  Legislature finds that it is a public necessity that complaints
   72  related to discrimination based on height or weight be exempt
   73  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   74  the State Constitution.
   75         Section 4. This act shall take effect on the same date that
   76  SB 644 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.