Senate Bill sb1958

    Florida Senate - 2001                                  SB 1958

    By Senator Latvala





    19-921-01

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 440.45, F.S.; exempting from public

  4         record requirements certain information

  5         obtained by the Division of Administrative

  6         Hearings in investigating complaints against

  7         judges of compensation claims; providing for

  8         the applicability of confidentiality

  9         provisions; authorizing the furnishing of

10         information under certain conditions; providing

11         for future review and repeal; providing a

12         finding of public necessity; providing an

13         effective date.

14

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

16

17         Section 1.  Paragraphs (f) and (g) are added to

18  subsection (2) of section 440.45, Florida Statutes, to read:

19         440.45  Office of the Judges of Compensation Claims.--

20         (2)

21         (f)  All investigatory records of the Division of

22  Administrative Hearings made or received pursuant to this

23  section and any records necessary to complete an investigation

24  are confidential and exempt from the provisions of s.

25  119.07(1) and s. 24(a), Art. I of the State Constitution until

26  the investigation is completed or ceases to be active. For

27  purposes of this subsection, an investigation is considered

28  active while such investigation is being conducted by the

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

30  to the filing of administrative, civil, or criminal

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

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    Florida Senate - 2001                                  SB 1958
    19-921-01




  1  the division is proceeding with reasonable dispatch and there

  2  is a good-faith belief that action may be initiated by the

  3  division or another administrative or law enforcement agency.

  4  After an investigation is completed or ceases to be active,

  5  records relating to the investigation remain confidential and

  6  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  7  I of the State Constitution, if disclosure would:

  8         1.  Jeopardize the integrity of another active

  9  investigation;

10         2.  Reveal business or personal financial information;

11         3.  Reveal the identity of a confidential source;

12         4.  Defame or cause unwarranted damage to the good name

13  or reputation of an individual or jeopardize the safety of an

14  individual; or

15         5.  Reveal investigative techniques or procedures.

16         (g)  This exemption is subject to Open Government

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

18  shall stand repealed on October 2, 2006, unless reviewed and

19  saved by repeal by the Legislature.

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

21  necessity that the Division of Administrative Hearings

22  investigatory and examination records be held confidential and

23  exempt during an investigation in order not to compromise the

24  investigation and disseminate potentially inaccurate

25  information. To the extent this information is made available

26  to the public, those persons being investigated will have

27  access to such information, which would potentially defeat the

28  purpose of the investigation. This would impede the effective

29  and efficient operation of investigatory governmental

30  functions. Additionally, the Legislature finds that it is a

31  public necessity that business or personal financial records

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    Florida Senate - 2001                                  SB 1958
    19-921-01




  1  remain confidential and exempt after an investigation is

  2  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 1188 or similar legislation relating to

17  the judges of compensation claims of the Division of

18  Administrative Hearings.

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21                          SENATE SUMMARY

22    Exempts records of the Division of Administrative
      Hearings relating to investigations of judges of
23    compensation claims from public-records disclosure
      requirements.
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