CS/HB 135

1
A bill to be entitled
2An act relating to public records; amending s. 119.071,
3F.S.; providing an exemption from public records
4requirements for personal identifying information of
5certain insured dependents; providing a statement of
6retroactive application of the exemption; providing for
7future legislative review and repeal of the exemption
8under the Open Government Sunset Review Act; providing a
9statement of public necessity; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (b) of subsection (4) of section
15119.071, Florida Statutes, is amended to read:
16     119.071  General exemptions from inspection or copying of
17public records.--
18     (4)  AGENCY PERSONNEL INFORMATION.--
19     (b)1.  Medical information pertaining to a prospective,
20current, or former officer or employee of an agency which, if
21disclosed, would identify that officer or employee is exempt
22from s. 119.07(1) and s. 24(a), Art. I of the State
23Constitution. However, such information may be disclosed if the
24person to whom the information pertains or the person's legal
25representative provides written permission or pursuant to court
26order.
27     2.a.  Personal identifying information of a dependent child
28of a current or former officer or employee of an agency, which
29dependent child is insured by an agency group insurance plan, is
30exempt from s. 119.07(1) and s. 24(a), Art. I of the State
31Constitution. For purposes of this exemption, "dependent child"
32has the same meaning as in s. 409.2554.
33     b.  This exemption is remedial in nature and applies to
34personal identifying information held by an agency before, on,
35or after the effective date of this exemption.
36     c.  This subparagraph is subject to the Open Government
37Sunset Review Act in accordance with s. 119.15 and shall stand
38repealed on October 2, 2014, unless reviewed and saved from
39repeal through reenactment by the Legislature.
40     Section 2.  The Legislature finds that it is a public
41necessity that personal identifying information of a dependent
42child of a current or former officer or employee of an agency,
43which dependent child is insured by an agency group insurance
44plan, be made exempt from public records requirements. Personal
45identifying information of an agency employee is and should
46remain available to the public because such employee works for
47the public. The Legislature notes that the existence of the
48World Wide Web and the proliferation of personal computers
49throughout the world encourages and promotes the wide
50dissemination of information 24 hours a day and that such
51widespread unauthorized dissemination of personal identifying
52information of an insured dependent child could subject the
53child to harm. Personal identifying information could be
54obtained by a requestor and used to identify the dependent child  
55for sexual or other criminal purposes. Exempting the personal
56identifying information of such insured dependent child helps to
57protect the child while still providing the public with access
58to agency group insurance information that does not specifically
59identify such child.
60     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.