Florida Senate - 2009                              CS for SB 270
       
       
       
       By the Committee on Community Affairs; and Senators Dockery and
       Storms
       
       
       
       578-02347-09                                           2009270c1
    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 personal identifying
    5         information of certain insured dependents; providing a
    6         statement of retroactive application of the exemption;
    7         providing for future legislative review and repeal of
    8         the exemption under the Open Government Sunset Review
    9         Act; providing a statement of public necessity;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (4) of section
   15  119.071, Florida Statutes, is amended to read:
   16         119.071 General exemptions from inspection or copying of
   17  public records.—
   18         (4) AGENCY PERSONNEL INFORMATION.—
   19         (b)1. Medical information pertaining to a prospective,
   20  current, or former officer or employee of an agency which, if
   21  disclosed, would identify that officer or employee is exempt
   22  from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution. However, such information may be disclosed if the
   24  person to whom the information pertains or the person’s legal
   25  representative provides written permission or pursuant to court
   26  order.
   27         2.a. Personal identifying information of a dependent child
   28  of a current or former officer or employee of an agency, which
   29  dependent is insured by an agency group insurance plan, is
   30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution. For purposes of this exemption, “dependent child”
   32  has the same meaning as provided in s. 409.2554.
   33         b. This exemption is remedial in nature and applies to
   34  personal identifying information held by an agency before, on,
   35  or after the effective date of this exemption.
   36         c. This subparagraph is subject to the Open Government
   37  Sunset Review Act in accordance with s. 119.15, and shall stand
   38  repealed on October 2, 2014, unless reviewed and saved from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 personal identifying information of a dependent
   42  child of a current or former officer or employee of an agency,
   43  which dependent child is insured by an agency group insurance
   44  plan, be made exempt from public-records requirements. Personal
   45  identifying information of an agency employee is and should
   46  remain available to the public because such employee works for
   47  the public. The Legislature notes that the existence of the
   48  World Wide Web and the proliferation of personal computers
   49  throughout the world encourages and promotes the wide
   50  dissemination of information 24 hours a day and that such
   51  widespread unauthorized dissemination of personal identifying
   52  information of an insured dependent child could subject the
   53  child to harm. Personal identifying information could be
   54  obtained by a requestor and used to identify the dependent child
   55  for sexual or other criminal purposes. Exempting the personal
   56  identifying information of such insured dependent child helps to
   57  protect the child while still providing the public with access
   58  to agency group insurance information that does not specifically
   59  identify such child.
   60         Section 3. This act shall take effect July 1, 2009.