HB 1035 2003
1	A bill to be entitled
2	An act relating to a public records exemption for
3	investigatory records relating to workers’ compensation
4	employer compliance; amending s. 440.108, F.S.; providing
5	an exception to the exemption; adding conforming and
6	clarifying language; removing the October 2, 2003, repeal
7	thereof scheduled under the Open Government Sunset Review
8	Act of 1995; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Notwithstanding the October 2, 2003, repeal of
13	said section scheduled pursuant to the Open Government Sunset
14	Review Act of 1995, section 440.108, Florida Statutes, is
15	amended to read:
16	440.108 Investigatory records relating to workers'
17	compensation employer compliance; confidentiality.--
18	(1) All investigatory records of the departmentmade or
19	received pursuant to s. 440.107 and any records necessary to
20	complete an investigation held by the departmentare
21	confidential and exempt from the provisions of s. 119.07(1) and
22	s. 24(a), Art. I of the State Constitution until the
23	investigation is completed or ceases to be active. For purposes
24	of this section, an investigation is considered "active" while
25	such investigation is being conducted by the department with a
26	reasonable, good faith belief that it may lead to the filing of
27	administrative, civil, or criminal proceedings. An investigation
28	does not cease to be active if the agency is proceeding with
29	reasonable dispatch and there is a good faith belief that action
30	may be initiated by the agency or other administrative or law
31	enforcement agency.
32	(2)After an investigation is completed or ceases to be
33	active, information in records relating to the investigation
34	remainsremainconfidential and exempt from the provisions of s.
35	119.07(1) and s. 24(a), Art. I of the State Constitution if
36	disclosure of that informationwould:
37	(a) Jeopardize the integrity of another active
38	investigation;
39	(b) Reveal a trade secret, as defined in s. 688.002;
40	(c) Reveal business or personal financial information;
41	(d) Reveal personal identifying information regardingthe
42	identity of a confidential source;
43	(e) Defame or cause unwarranted damage to the good name or
44	reputation of an individual or jeopardize the safety of an
45	individual; or
46	(f) Reveal investigative techniques or procedures.
47	(3) The department may provide information made
48	confidential and exempt by this section to any law enforcement
49	agency or administrative agency for use in the performance of
50	its official duties and responsibilities. The receiving agency
51	must maintain the confidential and exempt status of such
52	information.
53	(2) This exemption is subject to the Open Government
54	Sunset Review Act of 1995 in accordance with s. 119.15, and
55	shall stand repealed on October 2, 2003, unless reviewed and
56	saved from repeal through reenactment by the Legislature.
57	Section 2. This act shall take effect October 1, 2003.