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CS/HB 3-B — Public Records/Vaccination Policies and Practices

by Commerce Committee and Reps. Massullo, Grall, and others (SB 4-B by Senators Burgess, Gruters, and Perry)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill (Chapter 2021-273, L.O.F) creates a public records exemption for an employee complaint and related information held by the Department of Legal Affairs regarding an employer’s alleged violation of state law restricting COVID-19 vaccination mandates. While the exemption applies, the complaint and related information are confidential and exempt from requirements of the public records law that they be available to the public for inspection and copying. 

After the investigation is completed or ceases to be active, information in records relating to the investigation remain confidential and exempt from public copying and inspection requirements if disclosure of that information:

  • Jeopardizes the integrity of another active investigation;
  • Reveals medical information about an employee; or
  • Reveals information regarding the employee’s religious beliefs.

The bill permits release of the confidential and exempt information to another governmental entity in the furtherance of that entity’s lawful duties and responsibilities. Additionally, the bill permits disclosure of information in an aggregated format.

The public records exemption expires on October 2, 2023.

These provisions became law upon approval by the Governor on November 18, 2021.

Vote: Senate 26-10; House 85-31