Florida Senate - 2022 SB By Senator Jones 35-00991-22 20221308__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to public records; amending s. 2 448.046, F.S.; providing a public records exemption for certain personal identifying information, records, 4 and timesheets submitted to an agency by an employee who is requesting specified leave relating to a homicide; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing a contingent effective date. 10

Be It Enacted by the Legislature of the State of Florida: 12

Section 1. Paragraph

(

d) is added to subsection (4) of

section 448.046, Florida Statutes, as created by SB ___, 2022 Regular Session, or similar legislation, to read: 16 448.046 Leave and work accommodations for family or household members of homicide victims.— 18 (4) 19 (d)1. The following information obtained by an agency as defined in s. 119.011 from an agency employee requesting leave pursuant to this

section is confidential and exempt from s . 22 119.07(1) and s. 24(a), Art. I of the State Constitution: 23 a. Personal identifying information contained in any records documenting a homicide; and b. For a period of year after the date the employee returns to work from such leave, the employee’s writt en request for leave and any timesheets that reflect such request. 28 2. This paragraph is subject to the Open Government Sunset Florida Senate - 2022 SB 1308 35-00991-22 20221308__ CODING: Words stricken are deletions; words underlined are additions.

Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. 32

Section 2. The Legislature finds that it is a public necessity to make personal identifying information contained in records submitted to an agency by an agency employee requesting specified leave which document a homicide confidential and exempt from public records requirements. Such information, if publicly available, could expose the employee to safety risks, 38 public humiliation, or shame and could inhibit the employee from availing himself or herself of the relief provi ded under s. 40 448.046, Florida Statutes.

In addition, the Legislature further finds that it is a public necessity to make an agency employee’s written request for leave, and any timesheets reflecting such request, confidential and exempt from public records requirements until year after the leave has been taken. If that information were publicly available, it could be used by the person who committed the homicide, or the associates of such person, to determine the

schedule and location of the employee whose family or household member was a homicide victim. The employee’s request for leave is exempt from disclosure only temporarily, and such record is available year after the leave has been taken, thereby providing continued public oversight of public moneys. 53

Section 3. This act shall take effect on the same date that SB ___ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law. 57