Pandemic Darlings The pandemic economy, in original documents
Home Source documents PCS for CS/HB 1015, Public Records Exemption — Commerce Committee (2023)

PCS for CS/HB 1015, Public Records Exemption — Commerce Committee (2023)

Summary

PCS for CS/HB 1015 (2023) in the Commerce Committee, a bill to be entitled an act relating to public records. The bill amends section 381.00318, which covers complaints and investigations regarding private employer COVID-19 vaccination and testing and facial covering mandates, to provide an exemption from public records requirements for certain information of the Department of Legal Affairs and the Department of Health. It states that an employee complaint alleging a private employer's violation is confidential and exempt until the investigation is completed or ceases to be active. The bill provides for future legislative review and repeal and includes a statement of public necessity.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCS for CS/HB 1015, Public Records Exemption — Commerce Committee (2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-12ca2c6d50/, SHA-256 92cb9ecc442f38f6384d797a3f1fd7417e1f7cb4d0ff680b3fb18141803c5e57.

Full text

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




           PCS for CS/HB 1015                                                                                   2023




    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 and 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                 381.00318         Complaints and investigations regarding private
17         employer COVID-19 vaccination and testing and facial covering
18         mandates; public records exemption.—
19                 (1)(a)       An employee complaint alleging a private employer's
20         violation of s. 381.00317 regarding employer COVID-19
21         vaccination policies or practices, and all information relating
22         to an investigation of such complaint, held by the Department of
23         Legal Affairs is confidential and exempt from s. 119.07(1) and
24         s. 24(a), Art. I of the State Constitution until the
25         investigation is completed or ceases to be active. For purposes

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
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




        PCS for CS/HB 1015                                                                                   2023




26      of this subsection section, an investigation is considered
27      "active" while such investigation is being conducted by the
28      department with a reasonable good faith belief that it may lead
29      to a determination of whether there was a violation of s.
30      381.00317. An investigation does not cease to be active if the
31      department is proceeding with reasonable dispatch and there is a
32      good faith belief that action may be initiated by the
33      department.
34              (b)(2)       After an investigation is completed or ceases to be
35      active, information in records relating to the investigation
36      remains confidential and exempt from s. 119.07(1) and s. 24(a),
37      Art. I of the State Constitution if disclosure of that
38      information would do any of the following:
39              1.(a)        Jeopardize the integrity of another active
40      investigation.
41              2.(b)        Reveal medical information about an employee.
42              3.(c)        Reveal information regarding an employee's religious
43      beliefs.
44              (c)(3)       Information made confidential and exempt under this
45      subsection section may be released to another governmental
46      entity in the furtherance of that entity's lawful duties and
47      responsibilities.
48              (d)(4)       This subsection section does not prohibit the
49      disclosure of information in an aggregated format.
50              (e)(5)       This subsection section shall stand repealed on

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
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




        PCS for CS/HB 1015                                                                                   2023




51      October 2, 2023.
52              (2)(a)        A complaint alleging a business entity's, a
53      governmental entity's, or an educational institution's violation
54      of s. 381.00316 or s. 381.00319, and all information relating to
55      an investigation of such complaint, held by the Department of
56      Legal Affairs or the Department of Health is confidential and
57      exempt from s. 119.07(1) and s. 24(a), Art. I of the State
58      Constitution until the investigation is completed or ceases to
59      be active. For purposes of this subsection, an investigation is
60      considered "active" while such investigation is being conducted
61      by the Department of Legal Affairs or the Department of Health
62      with a reasonable good faith belief that it may lead to a
63      determination of whether there was a violation of s. 381.00316
64      or s. 381.00319. An investigation does not cease to be active if
65      the Department of Legal Affairs or the Department of Health is
66      proceeding with reasonable dispatch and there is a good faith
67      belief that action may be initiated by the Department of Legal
68      Affairs or the Department of Health.
69              (b)         After an investigation is completed or ceases to be
70      active, information in records relating to the investigation
71      remains confidential and exempt from s. 119.07(1) and s. 24(a),
72      Art. I of the State Constitution if disclosure of that
73      information would do any of the following:
74              1.      Jeopardize the integrity of another active
75      investigation.

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
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




         PCS for CS/HB 1015                                                                                   2023




 76              2.      Reveal medical information about an individual.
 77              3.      Reveal information regarding an individual's religious
 78      beliefs.
 79              (c)         Information made confidential and exempt under this
 80      subsection may be released to another governmental entity in the
 81      furtherance of that entity's lawful duties and responsibilities.
 82              (d)         This subsection does not prohibit the disclosure of
 83      information in an aggregated format.
 84              (e)         This subsection is subject to the Open Government
 85      Sunset Review Act in accordance with s. 119.15 and shall stand
 86      repealed on October 2, 2028, unless reviewed and saved from
 87      repeal through reenactment by the Legislature.
 88              Section 2.         The Legislature finds that it is a public
 89      necessity that a complaint alleging a business entity's, a
 90      governmental entity's, or an educational institution's violation
 91      of s. 381.00316, Florida Statutes, or s. 381.00319, Florida
 92      Statutes, and all information relating to an investigation of
 93      such complaint, held by the Department of Legal Affairs or the
 94      Department of Health be made confidential and exempt from s.
 95      119.07(1), Florida Statutes, and s. 24(a), Article I of the
 96      State Constitution until the investigation is completed or
 97      ceases to be active. The Legislature further finds that it is a
 98      public necessity to maintain the confidential and exempt status
 99      of information that would jeopardize the integrity of another
100      active investigation, reveal medical information about an

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
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




         PCS for CS/HB 1015                                                                                   2023




101      individual, or reveal information regarding an individual's
102      religious beliefs after an investigation is completed or ceases
103      to be active. Protection of such information is required to
104      safeguard an individual's private information regarding medical
105      information or religious beliefs and to ensure the integrity of
106      an active investigation, if applicable.
107              Section 3.         This act shall take effect on the same date
108      that HB 1013 or similar legislation takes effect, if such
109      legislation is adopted in the same legislative session or an
110      extension thereof and becomes a law.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.


File and source

File
2023_3220_commerce-committee_proposed-committee-bills-pcbs_fn-pcs-for-cshb-1015.pdf
Size
108,214 bytes
SHA-256
92cb9ecc442f38f6384d797a3f1fd7417e1f7cb4d0ff680b3fb18141803c5e57
Our copy
2023_3220_commerce-committee_proposed-committee-bills-pcbs_fn-pcs-for-cshb-1015.pdf
Original
No public link identified.
Back to top