Florida Senate - 2023 SB 238 By Senator Burton 12-01820A-23 2023238__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 381.00318, F.S.; providing an exemption from public 4 records requirements for certain information held by 5 the Department of Legal Affairs or the Department of 6 Health; authorizing the disclosure of such information 7 under certain circumstances; providing for future 8 legislative review and repeal of the exemption; 9 providing a statement of public necessity; providing a 10 contingent effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Section 381.00318, Florida Statutes, is amended 15 to read: 16 381.00318Complaints and investigations regarding private 17 employer COVID-19 vaccination mandates; public records 18 exemption. 19 (1)A An employee complaint alleging a business entitys, a 20 governmental entitys, or an educational institutions private 21 employers violation of s. 381.00316 or s. 381.00319 s. 22 381.00317 regarding employer COVID-19 vaccination policies or 23 practices, and all information relating to an investigation of 24 such complaint, held by the Department of Legal Affairs or the 25 Department of Health is confidential and exempt from s. 26 119.07(1) and s. 24(a), Art. I of the State Constitution until 27 the investigation is completed or ceases to be active. For 28 purposes of this section, an investigation is considered 29 active while such investigation is being conducted by the 30 Department of Legal Affairs or the Department of Health with a 31 reasonable good faith belief that it may lead to a determination 32 of whether there was a violation of s. 381.00316 or s. 381.00319 33 s. 381.00317. An investigation does not cease to be active if 34 the Department of Legal Affairs or the Department of Health is 35 proceeding with reasonable dispatch and there is a good faith 36 belief that action may be initiated by the Department of Legal 37 Affairs or the Department of Health. 38 (2)After an investigation is completed or ceases to be 39 active, information in records relating to the investigation 40 remains confidential and exempt from s. 119.07(1) and s. 24(a), 41 Art. I of the State Constitution if disclosure of that 42 information would do any of the following: 43 (a)Jeopardize the integrity of another active 44 investigation. 45 (b)Reveal medical information about an individual 46 employee. 47 (c)Reveal information regarding an individuals employees 48 religious beliefs. 49 (3)Information made confidential and exempt under this 50 section may be released to another business entity, governmental 51 entity, or educational institution in the furtherance of that 52 entitys or institutions lawful duties and responsibilities. 53 (4)This section does not prohibit the disclosure of 54 information in an aggregated format. 55 (5)This section is subject to the Open Government Sunset 56 Review Act in accordance with s. 119.15 and shall stand repealed 57 on October 2, 2028, unless reviewed and saved from repeal 58 through reenactment by the Legislature This section shall stand 59 repealed on October 2, 2023. 60 Section 2.The Legislature finds that it is a public 61 necessity that a complaint alleging a business entitys, a 62 governmental entitys, or an educational institutions violation 63 of s. 381.00316, Florida Statutes, or s. 381.00319, Florida 64 Statutes, and all information relating to an investigation of 65 such complaint held by the Department of Legal Affairs or the 66 Department of Health, be made exempt from s. 119.07(1), Florida 67 Statutes, and s. 24(a), Article I of the State Constitution. 68 Protection of such information is required to safeguard an 69 individuals private information regarding medical information 70 or religious beliefs and to ensure the integrity of an active 71 investigation, if applicable. 72 Section 3.This act shall take effect on the same date that 73 SB ____ or similar legislation takes effect, if such legislation 74 is adopted in the same legislative session or an extension 75 thereof and becomes a law.