Fla. Stat. § 381.00318
Complaints and investigations regarding mandate prohibitions; public records exemption
Redline — January 1, 2021 → current.View current text →
Current — January 1, 2024
As of January 1, 2021
(1) An employee complaint alleging a private employer’s violation of s. 381.00317 regarding employer COVID-19 vaccination policies or practices, and all information relating to an investigation of such complaint, held by the Department of Legal Affairs is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. For purposes of this section, an investigation is considered “active” while such investigation is being conducted by the department with a reasonable good faith belief that it may lead to a determination of whether there was a violation of s. 381.00317. An investigation does not cease to be active if the department is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the department.
(1) A complaint alleging a business entity’s, a governmental entity’s, or an educational institution’s violation of s. 381.00316 or s. 381.00319, and all information relating to an investigation of such complaint, held by the Department of Legal Affairs or the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. For purposes of this section, an investigation is considered “active” while such investigation is being conducted by the Department of Legal Affairs or the Department of Health with a reasonable good faith belief that it may lead to a determination of whether there was a violation of s. 381.00316 or s. 381.00319. An investigation does not cease to be active if the Department of Legal Affairs or the Department of Health is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the Department of Legal Affairs or the Department of Health.
(2) After an investigation is completed or ceases to be active, information in records relating to the investigation remains confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure of that information would do any of the following: (a) Jeopardize the integrity of another active investigation. (b) Reveal medical information about an employee. (c) Reveal information regarding an employee’s religious beliefs.
(2) After an investigation is completed or ceases to be active, information in records relating to the investigation remains confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure of that information would do any of the following: (a) Jeopardize the integrity of another active investigation. (b) Reveal medical information about an individual. (c) Reveal information regarding an individual’s religious beliefs.
(3) Information made confidential and exempt under this section may be released to another governmental entity in the furtherance of that entity’s lawful duties and responsibilities.
(3) Information made confidential and exempt under this section may be released to another business entity, governmental entity, or educational institution in the furtherance of that entity’s or institution’s lawful duties and responsibilities.
(4) This section does not prohibit the disclosure of information in an aggregated format.
(4) This section does not prohibit the disclosure of information in an aggregated format.
(5) This section shall stand repealed on October 2, 2023.
(5) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.