HB 789 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0789-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records; amending s. 2
448.046, F.S.; providing an exemption from public 3
records requirements for certain information relating 4
to certain leave requested by an employee who has a 5
family or household member who is a homicide victim; 6
providing for future legislative review and repeal; 7
providing a statement of public necessity; providing a 8
contingent effective date. 9
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Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Subsection (8) is added to section 448.046, 13
Florida Statutes, as created by HB 233, 2023 Regular Session, to 14
read: 15
448.046 Employment accommodations for family or household 16
members of homicide victims.— 17
(8)(a) The following information held by an employer that 18
qualifies as an agency, as defined in s. 119.011, is 19
confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I 20
of the State Constitution: 21
1. Any personal identifying informatio n of an employee 22
that is contained in the records documenting a homicide which 23
the employee provides to the employer. 24
2. An employee's written request for leave under this 25
HB 789 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0789-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section and the employee's time sheet if it reflects the 26
requested leave, for at l east 1 year after the leave is taken. 27
(b) This subsection is subject to the Open Government 28
Sunset Review Act in accordance with s. 119.15 and shall stand 29
repealed on October 2, 2028, unless reviewed and saved from 30
repeal through reenactment by the Legis lature. 31
Section 2. The Legislature finds that it is a public 32
necessity that the personal identifying information, timesheet, 33
and written request for leave by held by employers for employees 34
who are requesting leave after a family or household member is 35
the victim of a homicide be exempt from public records 36
requirements. Such employees are at a heightened risk of 37
physical and emotional harm from perpetrators of the homicide 38
and the harm that may result from the release of the employee's 39
personal identifying information, timesheet, and written request 40
for leave outweighs any public benefit that may be derived from 41
the disclosure of such information. 42
Section 3. This act shall take effect on the same date 43
that HB 233 or other similar legislation takes ef fect, if such 44
legislation is adopted in the same legislative session or an 45
extension thereof and becomes law. 46