| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 445.007, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for records contained within a one-stop |
| 5 | management information system or other similar system that |
| 6 | would identify an employer who is posting job openings; |
| 7 | providing a condition for the exemption; providing for |
| 8 | limited duration of the exemption; providing recordkeeping |
| 9 | requirements; providing for future review and repeal; |
| 10 | providing a statement of public necessity; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (10) is added to section 445.007, |
| 16 | Florida Statutes, to read: |
| 17 | 445.007 Regional workforce boards; exemption from public |
| 18 | meetings law; exemption from public records requirements.-- |
| 19 | (10)(a) Upon request from an employer, the records |
| 20 | contained within a one-stop management information system or |
| 21 | other similar system that would identify an employer who is |
| 22 | posting job openings are exempt from s. 119.07(1) and s. 24(a), |
| 23 | Art. I of the State Constitution for a period not to exceed 6 |
| 24 | months after the date on which a regional workforce board or |
| 25 | Workforce Florida, Inc., receives the request or until disclosed |
| 26 | by the party making the request. The exemption must be |
| 27 | maintained until the expiration of the 6-month period or until |
| 28 | documents or information are otherwise disclosed, whichever |
| 29 | occurs first. |
| 30 | (b) The agency that receives the request as provided in |
| 31 | paragraph (a) must maintain a record identifying the agency |
| 32 | employee who received the request and the name of the person |
| 33 | requesting the exemption. Such records may be maintained |
| 34 | electronically and shall be maintained during such time that the |
| 35 | requested information remains exempt. |
| 36 | (c) This subsection is subject to the Open Government |
| 37 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 38 | repealed on October 2, 2011, unless reviewed and saved from |
| 39 | repeal through reenactment by the Legislature. |
| 40 | Section 2. The Legislature finds that it is a public |
| 41 | necessity that the records contained within a one-stop |
| 42 | management information system or other similar system that would |
| 43 | identify an employer who is posting job openings be exempt from |
| 44 | s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the |
| 45 | State Constitution during the time that regional workforce |
| 46 | boards or Workforce Florida, Inc., are actively advertising such |
| 47 | jobs. The Legislature finds that the release of the identity of |
| 48 | the employer could hinder the ability of the workforce boards to |
| 49 | encourage employers to advertise their job openings in a one- |
| 50 | stop management information system. If employers are reluctant |
| 51 | to advertise jobs within the information system, this could |
| 52 | result in fewer opportunities to place clients who may currently |
| 53 | be receiving public assistance. The failure to place public |
| 54 | assistance clients could lead to an increased burden to the |
| 55 | taxpayers of this state. It is therefore the finding of the |
| 56 | Legislature that the short-term exemption for information that |
| 57 | identifies the employer contained within a one-stop management |
| 58 | information system or other similar system is a public |
| 59 | necessity. |
| 60 | Section 3. This act shall take effect upon becoming a law. |