Senate Bill 1408c1

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    Florida Senate - 1998                           CS for SB 1408

    By the Committee on Banking and Insurance and Senator Clary





    311-1790-98

  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 for future review

10         and repeal; providing a finding of public

11         necessity; providing a contingent effective

12         date.

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

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16         Section 1.  Section 440.108, Florida Statutes, is

17  created to read:

18         440.108  Investigatory records relating to workers'

19  compensation employer compliance; confidentiality.--

20         (1)  All investigatory records of the Division of

21  Workers' Compensation made or received pursuant to s. 440.107

22  and any records necessary to complete an investigation are

23  confidential and exempt from the provisions of s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution until the

25  investigation is completed or ceases to be active. For

26  purposes of this section, an investigation is considered

27  "active" while such investigation is being conducted by the

28  division with a reasonable, good-faith belief that it may lead

29  to the filing of administrative, civil, or criminal

30  proceedings. An investigation does not cease to be active if

31  the agency is proceeding with reasonable dispatch and there is

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    Florida Senate - 1998                           CS for SB 1408
    311-1790-98




  1  a good-faith belief that action may be initiated by the agency

  2  or other administrative or law enforcement agency. After an

  3  investigation is completed or ceases to be active, records

  4  relating to the investigation remain confidential and exempt

  5  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  6  the State Constitution if disclosure would:

  7         (a)  Jeopardize the integrity of another active

  8  investigation;

  9         (b)  Reveal a trade secret, as defined in s. 688.002;

10         (c)  Reveal business or personal financial information;

11         (d)  Reveal the identity of a confidential source;

12         (e)  Defame or cause unwarranted damage to the good

13  name or reputation of an individual or jeopardize the safety

14  of an individual; or

15         (f)  Reveal investigative techniques or procedures.

16         (2)  This exemption is subject to the Open Government

17  Sunset Review Act of 1995 in accordance with s. 119.15, and

18  shall stand repealed on October 2, 2003, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         Section 2.  The Legislature finds that it is a public

21  necessity that these investigatory and examination records be

22  held confidential and exempt during an investigation in order

23  not to compromise the investigation and disseminate

24  potentially inaccurate information. To the extent this

25  information is made available to the public, those persons

26  being investigated will not have access to such information

27  which would potentially defeat the purpose of the

28  investigation. This would impede the effective and efficient

29  operation of investigatory governmental functions.

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

31  date of Senate Bill 1406, or similar legislation, relating to

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    Florida Senate - 1998                           CS for SB 1408
    311-1790-98




  1  the powers of the Division of Workers' Compensation of the

  2  Department of Labor and Employment Security.

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  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                         Senate Bill 1408

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  7  Limits the scope of the public records exemption to
    investigatory records of the Division of Workers' Compensation
  8  (Department of Labor and Employment Security) which are
    received pursuant to s. 440.107, F.S., and which are necessary
  9  to complete an investigation.

10  Provides that such investigatory records become public and are
    disclosed when the investigation by the division is completed
11  or ceases to be active, as defined.

12  Provides that under limited circumstances, certain
    investigatory records remain confidential and enumerates those
13  specific circumstances.

14  Removes the penalty provision for persons who violate the
    confidentiality provision.
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    Revises the public necessity statement stating that the
16  investigatory records to be held confidential and exempt
    during an investigation in order not to compromise the
17  investigation and disseminate potentially inaccurate
    information.
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    Provides that the law shall become effective on the effective
19  date of SB 1406, or similar legislation.

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