HB 1015 2023
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hb1015-00
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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
381.00318, F.S.; providing an exemption from public 3
records requirements for certain information held by 4
the Department of Health or the Department of Legal 5
Affairs; authorizing the disclosure of such 6
information under certain circumstances; providing for 7
future legislative review and repeal of the exemption; 8
providing a statement of public necessity; providi ng a 9
contingent effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Section 381.00318, Florida Statutes, is amended 14
to read: 15
381.00318 Complaints and investigations regarding private 16
employer COVID-19 vaccination mandates; public records 17
exemption.— 18
(1) A An employee complaint alleging a business entity's, 19
a governmental entity's, or an educational institution's private 20
employer's violation of s. 381.00316 or s. 381.00319 s. 21
381.00317 regarding employer COVID -19 vaccination policies or 22
practices, and all information relating to an investigation of 23
such complaint, held by the Department of Health or the 24
Department of Legal Affairs is confidential and exempt from s. 25
HB 1015 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1015-00
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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
119.07(1) and s. 24(a), Art. I of the State Cons titution until 26
the investigation is completed or ceases to be active. For 27
purposes of this section, an investigation is considered 28
"active" while such investigation is being conducted by the 29
Department of Health or the Department of Legal Affairs with a 30
reasonable good faith belief that it may lead to a determination 31
of whether there was a violation of s. 381.00316 or s. 381.00319 32
s. 381.00317. An investigation does not cease to be active if 33
the Department of Health or the Department of Legal Affairs is 34
proceeding with reasonable dispatch and there is a good faith 35
belief that action may be initiated by the Department of Health 36
or the Department of Legal Affairs . 37
(2) After an investigation is completed or ceases to be 38
active, information in records relating to the investigation 39
remains confidential and exempt from s. 119.07(1) and s. 24(a), 40
Art. I of the State Constitution if disclosure of that 41
information would do any of the following: 42
(a) Jeopardize the integrity of another active 43
investigation. 44
(b) Reveal medical information about an individual 45
employee. 46
(c) Reveal information regarding an individual's 47
employee's religious beliefs. 48
(3) Information made confidential and exempt under this 49
section may be released to another business entity, governmental 50
HB 1015 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1015-00
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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
entity, or educational institution in the furtherance of that 51
entity's or institution's lawful duties and responsibilities. 52
(4) This section does not prohibit the disclosure of 53
information in an aggregated format. 54
(5) This section is subject to the Open Government Sunset 55
Review Act in accordance with s. 119.15 and shall stand repealed 56
on October 2, 2028, unless reviewed and saved from repeal 57
through reenactment by the Legislature This section shall stand 58
repealed on October 2, 2023 . 59
Section 2. The Legislature finds that it is a public 60
necessity that a complaint alleging a business entity's, a 61
governmental entity's, or an educational institution's violation 62
of s. 381.00316, Florida Statutes, or s. 381.00319, Florida 63
Statutes, and all information re lating to an investigation of 64
such complaint, held by the Department of Health or the 65
Department of Legal Affairs be made exempt from s. 119.07(1), 66
Florida Statutes, and s. 24(a), Article I of the State 67
Constitution. Protection of such information is requi red to 68
safeguard an individual's private information regarding medical 69
information or religious beliefs and to ensure the integrity of 70
an active investigation, if applicable. 71
Section 3. This act shall take effect on the same date 72
that HB 1013 or similar legislation takes effect , if such 73
legislation is adopted in the same legislative session or an 74
extension thereof and becomes a law. 75