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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 Legal Affairs and the Department of 5
Health; authorizing the disclosure of such information 6
under certain circumstances; providing for future 7
legislative review and repeal of the exemption; 8
providing a statement of public necessity; providing a 9
contingent effective date. 10
11
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 and testing and facial covering 17
mandates; public records exemption. — 18
(1)(a) An employee complaint alleging a private employer's 19
violation of s. 381.00317 regarding employer COVID -19 20
vaccination policies or practices, and all information relating 21
to an investigation of such complaint, held by the Department of 22
Legal Affairs is confidential and exempt from s. 119.07(1) and 23
s. 24(a), Art. I of the State Constitution until the 24
investigation is completed or ceases to be active. For purposes 25
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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
of this subsection section, an investigation is considered 26
"active" while such investigation is being conducted by the 27
department with a reasonable good faith belief that it may lead 28
to a determination of whether there was a violation of s. 29
381.00317. An investigation does no t cease to be active if the 30
department is proceeding with reasonable dispatch and there is a 31
good faith belief that action may be initiated by the 32
department. 33
(b)(2) After an investigation is completed or ceases to be 34
active, information in records relat ing to the investigation 35
remains confidential and exempt from s. 119.07(1) and s. 24(a), 36
Art. I of the State Constitution if disclosure of that 37
information would do any of the following: 38
1.(a) Jeopardize the integrity of another active 39
investigation. 40
2.(b) Reveal medical information about an employee. 41
3.(c) Reveal information regarding an employee's religious 42
beliefs. 43
(c)(3) Information made confidential and exempt under this 44
subsection section may be released to another governmental 45
entity in the furtherance of that entity's lawful duties and 46
responsibilities. 47
(d)(4) This subsection section does not prohibit the 48
disclosure of information in an aggregated format. 49
(e)(5) This subsection section shall stand repealed on 50
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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
October 2, 2023. 51
(2)(a) A complaint alleging a business entity's, a 52
governmental entity's, or an educational institution's violation 53
of s. 381.00316 or s. 381.00319, and all information relating to 54
an investigation of such complaint, held by the Department of 55
Legal Affairs or the De partment of Health is confidential and 56
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 57
Constitution until the investigation is completed or ceases to 58
be active. For purposes of this subsection, an investigation is 59
considered "active" while such investigation is being conducted 60
by the Department of Legal Affairs or the Department of Health 61
with a reasonable good faith belief that it may lead to a 62
determination of whether there was a violation of s. 381.00316 63
or s. 381.00319. An investigation does not cease to be active if 64
the Department of Legal Affairs or the Department of Health is 65
proceeding with reasonable dispatch and there is a good faith 66
belief that action may be initiated by the Department of Legal 67
Affairs or the Department of Health. 68
(b) After an investigation is completed or ceases to be 69
active, information in records relating to the investigation 70
remains confidential and exempt from s. 119.07(1) and s. 24(a), 71
Art. I of the State Constitution if disclosure of that 72
information would do an y of the following: 73
1. Jeopardize the integrity of another active 74
investigation. 75
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2. Reveal medical information about an individual. 76
3. Reveal information regarding an individual's religious 77
beliefs. 78
(c) Information made confidential and exempt under this 79
subsection may be released to another governmental entity in the 80
furtherance of that entity's lawful duties and responsibilities. 81
(d) This subsection does not prohibit the disclosure of 82
information in an aggregated format. 83
(e) This subsection is subject to the Open Government 84
Sunset Review Act in accordance with s. 119.15 and shall stand 85
repealed on October 2, 2028, unless reviewed and saved from 86
repeal through reenactment by the Legislature. 87
Section 2. The Legislature finds that it is a public 88
necessity that a complaint alleging a business entity's, a 89
governmental entity's, or an educational institution's violation 90
of s. 381.00316, Florida Statutes, or s. 381.00319, Florida 91
Statutes, and all information relating to an investigation of 92
such complaint, held by the Department of Legal Affairs or the 93
Department of Health be made confidential and exempt from s. 94
119.07(1), Florida Statutes, and s. 24(a), Article I of the 95
State Constitution until the investigation is completed or 96
ceases to be active. The Legislature further finds that it is a 97
public necessity to maintain the confidential and exempt status 98
of information that would jeopardize the integrity of another 99
active investigation, reveal medical information about an 100
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individual, or reveal in formation regarding an individual's 101
religious beliefs after an investigation is completed or ceases 102
to be active. Protection of such information is required to 103
safeguard an individual's private information regarding medical 104
information or religious beliefs and to ensure the integrity of 105
an active investigation, if applicable. 106
Section 3. This act shall take effect on the same date 107
that HB 1013 or similar legislation takes effect , if such 108
legislation is adopted in the same legislative session or an 109
extension thereof and becomes a law. 110