This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0789.RRS
DATE: 3/7/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 789 Pub. Rec./Employment Accommodations for Family or Household Members of
Homicide Victims
SPONSOR(S): Michael
TIED BILLS: HB 233 IDEN./SIM. BILLS: SB 492
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Mortellaro Anstead
2) Ethics, Elections & Open Government
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
In the immediate aftermath of a homicide a family member may need to attend funerals, ceremonies, court
proceedings, and deal with safety concerns. Currently, the Florida law does not have employment leave laws
that cover such activities for family and household members of homicide victims.
HB 233, to which this bill is linked, requires certain employers with over 50 employees to grant 3 days of
unpaid leave in any 12-month period to employees who have been employed for over 3 months, if a member of
their family or household was a victim of homicide. The leave must be used to:
Make funeral or burial arrangements or attend a funeral or memorial service for a family or
household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide or seek new
housing;
Attend meetings in person with a representative from a law enforcement agency or the state
attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
This bill, which is linked to the passage of HB 233, provides a public record exemption for information
pertaining to family or household members of homicide victims if they are employees of an agency. The
information that falls under this exemption is as follows:
Personal identifying information of an employee contained in the records documenting a homicide
that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that reflects the
requested leave for at least 1 year after taking the leave.
This public record exemption is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and will be repealed on October 2
nd
of the fifth year after enactment, unless reviewed and saved from
repealing.
The bill takes effect on the same date that HB 233 is adopted and becomes law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
STORAGE NAME: h0789.RRS PAGE: 2
DATE: 3/7/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Record Exemptions
Article I, s. 24(a) of the Florida Constitution establishes the state’s public policy for accessing
government records. This section guarantees that every person has the right to inspect or copy any
public record from the legislative, executive, and judicial branches of government. Authority to grant
exemptions from public records is vested solely to the Legislature. The Legislature, may provide an
exemption of records, from the requirements of art. I, s. 24(a) of the Florida Constitution.
1
A proposed
exemption must pass by a two-thirds vote of each chamber, state with specificity the public necessity to
justify the exemption,
2
and be no broader than necessary to accomplish the public purpose.
3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S., which
guarantees every person a right to inspect and copy any state, county, or municipal record, unless the
record is exempt. Public exemptions are subject to the Open Government Sunset Review Act (Act)
4
which provides that a public record or public meeting exemption may be created
5
or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than necessary to meet one of
the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
6
The Act requires the Legislature to review each public record exemption and each public meeting
exemption five years after enactment. If the Legislature does not reenact an exemption, it will
automatically repeal on October 2
nd
of the fifth year after enactment.
HB 233
HB 233, to which this bill is linked, requires certain employers with over 50 employees to grant 3 days
of unpaid leave in any 12-month period to employees who have been employed for over 3 months if a
member of their family or household was a victim of homicide. The leave must be used to:
Make funeral or burial arrangements or attend a funeral or memorial service for a family or
household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide, or seek
new housing to escape;
Attend meetings in person with a representative from a law enforcement agency or the state
attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
1
Article I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I, s. 24(c), FLA. CONST.
4
S. 119.15, F.S.
5
An example of an exception to a public record exemption would be allowing another agency access to confidential and exempt
records.
6
S. 119.15(6)(b), F.S. STORAGE NAME: h0789.RRS PAGE: 3
DATE: 3/7/2023
HB 233 defines “family or household member” as spouses, former spouses, persons related by blood
or marriage, persons residing together or have resided together in the past, or parents of a child in
common. With the exception of people who have a child in common, the family or household members
must have resided together in the past or were currently residing in the same dwelling unit prior to the
homicide.
7
Before using this type of leave, all other leaves must be exhausted, and proper notice must be given
unless in imminent danger. All information given to a private employer is to remain confidential, and
public employers are under current public exemption laws.
Effect of Proposed Bill
The bill provides a public record exemption for information pertaining to family or household members
of homicide victims who are employees of a Florida agency
8
for the following information:
Personal identifying information of an employee contained in the records documenting a
homicide that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that reflects the
requested leave for at least 1 year after taking the leave.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that it is a public necessity that the personal
identifying information, timesheet, and written request for leave held by employers for employees who
are requesting leave after a family or household member is the victim of a homicide be confidential and
exempt
9
from public records requirements. Such employees are at a heightened risk of physical and
emotional harm from perpetrators of the homicide and the harm that may result from the release of the
employee's personal identifying information, timesheet, and written request for leave outweighs any
public benefit that may be derived from the disclosure of such information.
As with all public exemptions, this exemption is subject to the Act in accordance with s. 119.15 and will
be repealed on October 2
nd
of the fifth year unless reviewed and saved from repeal.
The bill takes effect on the same date that HB 233 is adopted and becomes law.
B. SECTION DIRECTORY:
Section 1: Creates a public records exemption for information of certain agency employees.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
7
S. 741.28, F.S.
8
S. 741.313(7)(a),(b), F.S.
9
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla.
(1985). STORAGE NAME: h0789.RRS PAGE: 4
DATE: 3/7/2023
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties and municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
municipalities.
3. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public
record or public meeting exemption to be no broader than necessary to accomplish the stated
purpose of the law. The bill creates a public records exemption for sensitive investigative materials
and personal information, which does not appear to be broader than necessary to accomplish its
purpose.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h0789.RRS PAGE: 5
DATE: 3/7/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES