Florida Senate - 2023                                     SB 492
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01423-23                                            2023492__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         448.046, F.S.; providing a public records exemption
    4         for certain personal identifying information, records,
    5         and time sheets submitted to an agency by an employee
    6         requesting specified leave relating to a homicide;
    7         providing for future legislative review and repeal of
    8         the exemption; providing a statement of public
    9         necessity; providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) is added to subsection (4) of
   14  section 448.046, Florida Statutes, as created by SB ___ or
   15  similar legislation, to read:
   16         448.046 Leave and work accommodations for family or
   17  household members of homicide victims.—
   18         (4)
   19         (d)1. The following information obtained by an agency as
   20  defined in s. 119.011 from an agency employee requesting leave
   21  pursuant to this section is confidential and exempt from s.
   22  119.07(1) and s. 24(a), Art. I of the State Constitution:
   23         a. Personal identifying information contained in any
   24  records documenting a homicide; and
   25         b. For a period of 1 year after the date the employee
   26  returns to work from such leave, the employee’s written request
   27  for leave and any time sheets that reflect such request.
   28         2. This paragraph is subject to the Open Government Sunset
   29  Review Act in accordance with s. 119.15 and shall stand repealed
   30  on October 2, 2028, unless reviewed and saved from repeal
   31  through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity to make confidential and exempt from public records
   34  requirements the personal identifying information contained in
   35  records that document a homicide and that are submitted to an
   36  agency by an agency employee requesting specified leave. Such
   37  information, if publicly available, could expose the employee to
   38  safety risks, public humiliation, or shame and could inhibit the
   39  employee from availing himself or herself of the relief provided
   40  under s. 448.046, Florida Statutes. In addition, the Legislature
   41  further finds that it is a public necessity to make confidential
   42  and exempt from public records requirements an agency employee’s
   43  written request for leave, and any time sheets reflecting such
   44  request, until 1 year after the leave has been taken. If that
   45  information were publicly available, it could be used by the
   46  person who committed the homicide, or the associates of such
   47  person, to determine the schedule and location of the employee
   48  whose family or household member was a homicide victim. The
   49  employee’s request for leave is exempt from disclosure only
   50  temporarily, and such record is available 1 year or more after
   51  the leave has been taken, thereby providing continued public
   52  oversight of public moneys.
   53         Section 3. This act shall take effect on the same date that
   54  SB ___ or similar legislation takes effect, if such legislation
   55  is adopted in the same legislative session or an extension
   56  thereof and becomes a law.