Florida 2023 Regular Session

Florida House Bill H1015 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	~~CS/~~CS/HB 1015 2023
	3	+	CS/HB 1015 2023
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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10	10		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
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14	14		A bill to be entitled 1
15	15		An act relating to public records; amending s. 2
16	16		381.00318, F.S.; providing an exemption from public 3
17	17		records requirements for certain information held by 4
18	18		the Department of Legal Affairs and the Department of 5
19	19		Health; authorizing the disclosure of such information 6
20	20		under certain circumstances; providing for future 7
21	21		legislative review and repeal of the exemption; 8
22	22		providing a statement of public necessity; provid ing a 9
23	23		contingent effective date. 10
24	24		11
25	25		Be It Enacted by the Legislature of the State of Florida: 12
26	26		13
27	27		Section 1. Section 381.00318, Florida Statutes, is amended 14
28	28		to read: 15
29	29		381.00318 Complaints and investigations regarding private 16
30	30		employer COVID-19 vaccination and testing and facial covering 17
31	31		mandates; public records exemption. — 18
32	32		(1)(a) An employee complaint alleging a private employer's 19
33	33		violation of s. 381.00317 regarding employer COVID -19 20
34	34		vaccination policies or practices, and all information relating 21
35	35		to an investigation of such complaint, held by the Department of 22
36	36		Legal Affairs is confidential and exempt from s. 119.07(1) and 23
37	37		s. 24(a), Art. I of the State Constitution until the 24
38	38		investigation is completed or ceases to be active. For purposes 25
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	40	+	CS/HB 1015 2023
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44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb1015-~~02-c2~~
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47	47		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
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51	51		of this subsection section, an investigation is considered 26
52	52		"active" while such investigation is being conducted by the 27
53	53		department with a reasonable good faith belief that it may lead 28
54	54		to a determination of whether there was a violation of s. 29
55	55		381.00317. An investigation doe s not cease to be active if the 30
56	56		department is proceeding with reasonable dispatch and there is a 31
57	57		good faith belief that action may be initiated by the 32
58	58		department. 33
59	59		(b)(2) After an investigation is completed or ceases to be 34
60	60		active, information in records r elating to the investigation 35
61	61		remains confidential and exempt from s. 119.07(1) and s. 24(a), 36
62	62		Art. I of the State Constitution if disclosure of that 37
63	63		information would do any of the following: 38
64	64		1.(a) Jeopardize the integrity of another active 39
65	65		investigation. 40
66	66		2.(b) Reveal medical information about an employee. 41
67	67		3.(c) Reveal information regarding an employee's religious 42
68	68		beliefs. 43
69	69		(c)(3) Information made confidential and exempt under this 44
70	70		subsection section may be released to another governmental 45
71	71		entity in the furtherance of that entity's lawful duties and 46
72	72		responsibilities. 47
73	73		(d)(4) This subsection section does not prohibit the 48
74	74		disclosure of information in an aggregated format. 49
75	75		(e)(5) This subsection section shall stand repealed on 50
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	77	+	CS/HB 1015 2023
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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84	84		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
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88	88		October 2, 2023. 51
89	89		(2)(a) A complaint alleging a business entity's, a 52
90	90		governmental entity's, or an educational institution's violation 53
91	91		of s. 381.00316 or s. 381.00319, and all information relating to 54
92	92		an investigation of such complaint, held by the Department of 55
93	93		Legal Affairs or the Department of Health is confidential and 56
94	94		exempt from s. 119.07(1) and s. 24(a), Art. I of the State 57
95	95		Constitution until the investigation is completed or ceases to 58
96	96		be active. For purposes of this subsection, an investigation is 59
97	97		considered "active" while s uch investigation is being conducted 60
98	98		by the Department of Legal Affairs or the Department of Health 61
99	99		with a reasonable good faith belief that it may lead to a 62
100	100		determination of whether there was a violation of s. 381.00316 63
101	101		or s. 381.00319. An investigation d oes not cease to be active if 64
102	102		the Department of Legal Affairs or the Department of Health is 65
103	103		proceeding with reasonable dispatch and there is a good faith 66
104	104		belief that action may be initiated by the Department of Legal 67
105	105		Affairs or the Department of Health. 68
106	106		(b) After an investigation is completed or ceases to be 69
107	107		active, information in records relating to the investigation 70
108	108		remains confidential and exempt from s. 119.07(1) and s. 24(a), 71
109	109		Art. I of the State Constitution if disclosure of that 72
110	110		information would do any of the following: 73
111	111		1. Jeopardize the integrity of another active 74
112	112		investigation. 75
113	113
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	114	+	CS/HB 1015 2023
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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121	121		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
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125	125		2. Reveal medical information about an individual. 76
126	126		3. Reveal information regarding an individual's religious 77
127	127		beliefs. 78
128	128		(c) Information made confidential and exempt under this 79
129	129		subsection may be released to another governmental entity in the 80
130	130		furtherance of that entity's lawful duties and responsibilities. 81
131	131		(d) This subsection does not prohibit the disclosure of 82
132	132		information in an aggregated format. 83
133	133		(e) This subsection is subject to the Open Government 84
134	134		Sunset Review Act in accordance with s. 119.15 and shall stand 85
135	135		repealed on October 2, 2028, unless reviewed and saved from 86
136	136		repeal through reenactment by the Legislature. 87
137	137		Section 2. The Legislature finds that it is a public 88
138	138		necessity that a complaint alleging a business entity's, a 89
139	139		governmental entity's, or an educational institution's violation 90
140	140		of s. 381.00316, Florida Statutes, or s. 381.00319, Florida 91
141	141		Statutes, and all information relating to an investigation of 92
142	142		such complaint, held by the Department of Legal Affairs or the 93
143	143		Department of Health be made confidential and exempt from s. 94
144	144		119.07(1), Florida Statutes, and s. 24(a), Article I of the 95
145	145		State Constitution until the investigation is completed or 96
146	146		ceases to be active. The Legislature further finds that it is a 97
147	147		public necessity to maintain the confidential and exempt status 98
148	148		of information that would jeopardize the integrity of another 99
149	149		active investigation, reveal medical information about an 100
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151		-	~~CS/~~CS/HB 1015 2023
	151	+	CS/HB 1015 2023
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155	155		CODING: Words stricken are deletions; words underlined are additions.
156		-	hb1015-~~02-c2~~
	156	+	hb1015-01-c1
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158	158		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
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162	162		individual, or reveal information regarding an individual's 101
163	163		religious beliefs after an investigation is completed or ceases 102
164	164		to be active. Protection of such information is required to 103
165	165		safeguard an individual's private information rega rding medical 104
166	166		information or religious beliefs and to ensure the integrity of 105
167	167		an active investigation, if applicable. 106
168	168		Section 3. This act shall take effect on the same date 107
169	169		that HB 1013 or similar legislation takes effect , if such 108
170	170		legislation is adopted in the same legislative session or an 109
171	171		extension thereof and becomes a law. 110