CS/HB 409

1	A bill to be entitled
2	An act relating to public records; creating s. 1012.312,
3	F.S.; providing an exemption from public records
4	requirements for personal identifying information of
5	employees of public educational institutions in the state,
6	and the spouses and children of such employees, and for
7	personal health information of such employees, and the
8	spouses and children of such employees, held by a public
9	educational institution pursuant to the employee's
10	participation in a group health insurance plan or program;
11	providing definitions; providing for disclosure of
12	personal identifying information under specified
13	circumstances; providing for retroactive application of
14	the exemption; providing for future review and repeal of
15	the exemption; providing a statement of public necessity;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 1012.312, Florida Statutes, is created
21	to read:
22	1012.312  Personal identifying information and personal
23	health information of employees of public educational
24	institutions; public records exemption.--
25	(1)  As used in this section, the term:
26	(a)  "Employee" means any current or former employee of an
27	institution comprising a part of the state system of public
28	education, including any teacher, administrator, educational
29	support personnel as defined in s. 1010.215(1)(b), or member of
30	a school board.
31	(b)  "Personal identifying information" means:
32	1.  An employee's social security number, home address, and
33	telephone number.
34	2.  The name, age, home address, telephone number, social
35	security number, photograph, and place of employment of the
36	spouse or child of an employee, and the name and location of a
37	school or day care facility attended by the child of an
38	employee.
39	(c)  "Personal health information" means:
40	1.  A personal health condition of, injury to, history of
41	personal medical diagnosis or treatment of, or any other
42	information that relates to the health of an employee, or to the
43	health of the spouse or child of an employee, contained in any
44	records held by a public educational institution in the state
45	pursuant to the employee's participation in a group health
46	insurance plan or program.
47	2.  The existence or content of any individual coverage or
48	status of coverage under an employee's group health insurance
49	policy.
50	(2)  Personal identifying information and personal health
51	information of an employee are confidential and exempt from s.
52	119.07(1) and s. 24(a), Art. I of the State Constitution.
53	(3)  Personal identifying information made confidential and
54	exempt under subsection (2) may be disclosed to:
55	(a)  Collective bargaining agents representing employees in
56	the performance of their statutory duties under chapter 447.
57	(b)  Another governmental entity in the furtherance of its
58	lawful duties and responsibilities.
59	(4)  This exemption is remedial in nature and applies to
60	personal identifying information and personal health information
61	held by a public educational institution in the state before,
62	on, or after the effective date of this exemption.
63	(5)  This section is subject to the Open Government Sunset
64	Review Act in accordance with s. 119.15 and shall stand repealed
65	on October 2, 2014, unless reviewed and saved from repeal
66	through reenactment by the Legislature.
67	Section 2.  The Legislature finds that it is a public
68	necessity that personal identifying information of current and
69	former employees of an institution comprising a part of the
70	state system of public education and the personal health
71	information of such employees held by a public educational
72	institution in the state pursuant to the employee's
73	participation in a group health insurance plan or program be
74	made confidential and exempt from public records requirements.
75	Because teachers and administrators in schools, community
76	colleges, and universities often are required to impose
77	disciplinary measures on students for improper conduct or
78	violation of school rules or education policies, access to
79	personal identifying information of a teacher or administrator,
80	or the family members thereof, could be used to harass, stalk,
81	intimidate, or bring harm to a teacher or administrator or his
82	or her family as a means of seeking retribution for the
83	administering of disciplinary measures. Disclosure of personal
84	identifying information also could lead to other forms of
85	invasion of personal privacy, with the sale of personal
86	identifying information for marketing purposes that results in
87	unwanted solicitation being just one form of such invasiveness.
88	It also is the finding of the Legislature that matters of
89	personal health are traditionally private and confidential
90	concerns between a patient and his or her health care provider.
91	The private and confidential nature of personal health matters
92	pervades both the public and private health care sectors. Public
93	disclosure of an employee's personal health information held by
94	a public educational institution pursuant to a group health
95	insurance plan or program could have a negative effect on an
96	employee's business and personal relationships. For this reason,
97	a person's expectation of a right to privacy in all matters
98	regarding his or her personal health necessitates the exemption
99	from public records requirements for such information.
100	Therefore, it is the finding of the Legislature that personal
101	identifying information of current and former employees of an
102	institution comprising a part of the state system of public
103	education and personal health information of such employees held
104	by a public educational institution pursuant to a group health
105	insurance plan or program be made confidential and exempt from
106	public records requirements.
107	Section 3.  This act shall take effect July 1, 2009.

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