Senate Bill 1408

    Florida Senate - 1998                                  SB 1408

    By Senator Clary





    7-1448-98

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         440.108, F.S.; providing an exemption from

  4         public records requirements for certain

  5         information obtained in administering the

  6         Workers' Compensation Law; providing for the

  7         applicability of confidentiality provisions;

  8         authorizing the furnishing of information under

  9         certain conditions; providing penalties for

10         violations; providing for future review and

11         repeal; providing a finding of public

12         necessity; providing a contingent effective

13         date.

14

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

16

17         Section 1.  Section 440.108, Florida Statutes, is

18  created to read:

19         440.108  Confidentiality of information revealing

20  identity of employing units or of individuals.--Information

21  revealing the identity of an employing unit or of an

22  individual which is obtained from the employing unit or from

23  any individual pursuant to the administration of this chapter,

24  and any determination revealing such information, must, except

25  to the extent necessary for the proper presentation of a claim

26  or upon written authorization of the claimant who has a

27  workers' compensation claim pending, be kept confidential and

28  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State

29  Constitution. Such information may be made available only to

30  public employees in the performance of their public duties.

31  Disclosure of such information as is necessary to the

                                  1

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






    Florida Senate - 1998                                  SB 1408
    7-1448-98




  1  division's compliance and enforcement procedures does not

  2  violate this prohibition. Any person, including, but not

  3  limited to, an employee of the division, who receives such

  4  confidential information and violates this section commits a

  5  misdemeanor of the second degree, punishable as provided in s.

  6  775.082 or s. 775.083. This exemption is subject to the Open

  7  Government Sunset Review Act of 1995 in accordance with s.

  8  119.15, and shall stand repealed on October 2, 2003, unless

  9  reviewed and saved from repeal through reenactment by the

10  Legislature.

11         Section 2.  The Legislature finds that the exemption

12  from the public records law which is provided in section 1 of

13  this act is a public necessity in that the harm caused by

14  releasing such information outweighs any public benefit that

15  might be derived from releasing the information. Information

16  contained in such records is of a sensitive and personal

17  nature, could be used to discriminate against the person to

18  whom the record pertains, and could cause harm to the person's

19  professional reputation.

20         Section 3.  This act shall take effect on the effective

21  date of Senate Bill   , or similar legislation, relating to

22  the powers of the Division of Workers' Compensation of the

23  Department of Labor and Employment Security.

24

25            *****************************************

26                          SENATE SUMMARY

27    Provides an exemption from public records requirements
      for information obtained in administering the Workers'
28    Compensation Law which reveals an employing unit's or an
      individual's identity. Provides for applicability of the
29    confidentiality provisions. Authorizes the furnishing of
      information in specified circumstances. Provides for
30    future review and repeal. Provides penalties for
      violations. Provides a finding of public necessity.
31

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