Senate Bill 1408e1

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    CS for SB 1408                           First Engrossed (ntc)



  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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    CS for SB 1408                           First Engrossed (ntc)



  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  Additionally, the Legislature finds that it is a public

31  necessity that trade secrets or business or personal financial


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    CS for SB 1408                           First Engrossed (ntc)



  1  records remain confidential and exempt after an investigation

  2  is completed or ceases to be active because the disclosure of

  3  such information would injure the affected party in the

  4  marketplace. Further, information that would defame or cause

  5  unwarranted damage to the name or reputation of an individual,

  6  or jeopardize the safety of an individual, must remain

  7  confidential and exempt after an investigation is completed or

  8  ceases to be active to protect that individual's name or

  9  reputation or personal safety. As well, information that would

10  jeopardize the integrity of another active investigation or

11  that would reveal investigative techniques or procedures must

12  remain confidential and exempt after an investigation is

13  completed or ceases to be active in order to permit the

14  effective and efficient operation of the program.

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

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

17  the powers of the Division of Workers' Compensation of the

18  Department of Labor and Employment Security.

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