Senate Bill 1408e2

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    CS for SB 1408                                Second Engrossed



  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; amending s. 440.185, F.S.; providing

12         an exemption from public records requirements

13         for information in a report of injury or

14         illness filed pursuant to the Workers'

15         Compensation Law; providing a finding of public

16         necessity; providing effective dates.

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

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20         Section 1.  Section 440.108, Florida Statutes, is

21  created to read:

22         440.108  Investigatory records relating to workers'

23  compensation employer compliance; confidentiality.--

24         (1)  All investigatory records of the Division of

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

26  and any records necessary to complete an investigation are

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

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

29  investigation is completed or ceases to be active. For

30  purposes of this section, an investigation is considered

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


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    CS for SB 1408                                Second Engrossed



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

  2  to the filing of administrative, civil, or criminal

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

  4  the agency is proceeding with reasonable dispatch and there is

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

  6  or other administrative or law enforcement agency. After an

  7  investigation is completed or ceases to be active, records

  8  relating to the investigation remain confidential and exempt

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

10  the State Constitution if disclosure would:

11         (a)  Jeopardize the integrity of another active

12  investigation;

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

14         (c)  Reveal business or personal financial information;

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

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

17  name or reputation of an individual or jeopardize the safety

18  of an individual; or

19         (f)  Reveal investigative techniques or procedures.

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

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

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

23  saved from repeal through reenactment by the Legislature.

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

25  necessity that these investigatory and examination records be

26  held confidential and exempt during an investigation in order

27  not to compromise the investigation and disseminate

28  potentially inaccurate information. To the extent this

29  information is made available to the public, those persons

30  being investigated will not have access to such information

31  which would potentially defeat the purpose of the


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    CS for SB 1408                                Second Engrossed



  1  investigation. This would impede the effective and efficient

  2  operation of investigatory governmental functions.

  3  Additionally, the Legislature finds that it is a public

  4  necessity that trade secrets or business or personal financial

  5  records remain confidential and exempt after an investigation

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

  7  such information would injure the affected party in the

  8  marketplace. Further, information that would defame or cause

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

10  or jeopardize the safety of an individual, must remain

11  confidential and exempt after an investigation is completed or

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

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

14  jeopardize the integrity of another active investigation or

15  that would reveal investigative techniques or procedures must

16  remain confidential and exempt after an investigation is

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

18  effective and efficient operation of the program.

19         Section 3.  Subsection (10) of section 440.185, Florida

20  Statutes, is created to read:

21         440.185  Notice of injury or death; reports; penalties

22  for violations.--

23         (10)  Any information in a report of injury or illness

24  filed pursuant to this section that would identify an ill or

25  injured employee is confidential and exempt from the

26  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

27  Constitution.

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29  This subsection is subject to the Open Government Sunset

30  Review Act of 1995 in accordance with s. 119.15, and shall

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    CS for SB 1408                                Second Engrossed



  1  stand repealed on October 2, 2003, unless reviewed and saved

  2  from repeal through reenactment by the Legislature.

  3         Section 4.  The Legislature finds that it is a public

  4  necessity that any information in a report of injury or

  5  illness filed pursuant to section 440.185, Florida Statutes,

  6  that would identify an ill or injured employee, be held

  7  confidential and exempt because such information is of a

  8  sensitive, personal nature.  Disclosure of such sensitive,

  9  personal information about an employee is an invasion of that

10  employee's privacy.  Further, the release of such information

11  could lead to discrimination against the employee by

12  coworkers, potential employers, and others.  The harm caused

13  to such an employee by the release of this information

14  outweighs any public benefit derived from its release.

15         Section 5.  Sections 1 and 2 of this act shall take

16  effect on the effective date of CS/CS/SB 1406, or similar

17  legislation, relating to the powers of the Division of

18  Workers' Compensation of the Department of Labor and

19  Employment Security, and Sections 3 and 4 of this act shall

20  take effect upon becoming law.

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