Senate Bill 1496

    Florida Senate - 1998                                  SB 1496

    By Senator Gutman





    34-1280-98

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         440.594, F.S.; providing an exemption from

  4         public records requirements for records and

  5         reports revealing the identity of employers and

  6         employees in complying with workers'

  7         compensation coverage requirements; providing

  8         an expiration date; providing a finding of

  9         public necessity; providing a contingent

10         effective date.

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

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14         Section 1.  Section 440.594, Florida Statutes, is

15  created to read:

16         440.594  Confidentiality of records and reports.--Each

17  employer shall keep true and accurate work records containing

18  such information as the division may prescribe for purposes of

19  properly complying with the coverage requirements of this

20  chapter. The records must be open to inspection and be subject

21  to being copied by the division at any reasonable time and as

22  often as may be necessary. The division may require from any

23  employer any sworn or unsworn reports about employed persons

24  found necessary for the effective administration of this

25  chapter. Information revealing the employer or an individual's

26  identity thus obtained from the employer or from any

27  individual under the administration of this chapter must,

28  except to the extent necessary for the proper investigation to

29  ensure compliance with the coverage provisions of this

30  chapter, be held confidential and exempt from the provisions

31  of s. 119.07(1). This exemption is subject to the Open

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






    Florida Senate - 1998                                  SB 1496
    34-1280-98




  1  Government Sunset Review Act in accordance with s. 119.15 and

  2  expires on October 2, 2003, unless reviewed and reenacted by

  3  the Legislature.

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

  5  necessity that employer records and reports revealing the

  6  identity of employers and individual employees under section

  7  440.594, Florida Statutes, be held confidential in order to

  8  protect an employer from competitive disadvantage.

  9  Furthermore, the Legislature finds that it would be an

10  invasion of privacy to reveal the identity of employers and

11  individual employees to the public.

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

13  date of SB      or similar legislation relating to workers'

14  compensation and shall not take effect if that legislation

15  does not become law.

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18                          SENATE SUMMARY

19    Provides an exemption from public records disclosure
      requirements for employer records and reports kept in
20    compliance with the coverage requirements of the Workers'
      Compensation Law. Provides a finding of public necessity
21    and an expiration date.

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