Florida Senate - 2023 SB 238 By Senator Burton 12-01820A-23 2023238__ Page 1 of 3 CODING: Words stricken are deletions; words underlined are additions. 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 or 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 13

Section

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, a 19 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 Legal Affairs or the 24 Department of Health is confidential and exempt from s. 25 119.07(1) and s. 24(a), Art. I of the State Constitution 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 Florida Senate - 2023 SB 238 12-01820A-23 2023238__ Page 2 of 3 CODING: Words stricken are deletions; words underlined are additions. Department of Legal Affairs or the Department of Health 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 Legal Affairs or the Department of Health is 34 proceeding with reasonable dispatch and there is a good faith 35 belief that action may be initiated by the Department of Legal 36 Affairs or the Department of Health. 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 employee’s 47 religious beliefs. 48

(3) Information made confidential and exempt under this 49

section may be released to another business entity, governmental 50 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 Florida Senate - 2023 SB 238 12-01820A-23 2023238__ Page 3 of 3 CODING: Words stricken are deletions; words underlined are additions. 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 relating to an investigation of 64 such complaint held by the Department of Legal Affairs or the 65 Department of Health, be made exempt from s. 119.07(1), Florida 66 Statutes, and s. 24(a),

Article I of the State Constitution. 67 Protection of such information is required to safeguard an 68 individual’s private information regarding medical information 69 or religious beliefs and to ensure the integrity of an active 70 investigation, if applicable. 71

Section 3. This act shall take effect on the same date that 72 SB ____ or similar legislation takes effect, if such legislation 73 is adopted in the same legislative session or an extension 74 thereof and becomes a law. 75