HB 1715 2003
1	A bill to be entitled
2	An act relating to a public records exemption for reports
3	of injury or illness filed under the Workers' Compensation
4	Law identifying an ill or injured employee; amending s.
5	440.185, F.S.; eliminating the public records exemption
6	for reports of injury or illness filed under the Workers'
7	Compensation Law that would identify an ill or injured
8	employee; creating s. 440.592, F.S.; providing an
9	exemption from public records requirements for information
10	identifying an ill or injured worker filed pursuant to the
11	Workers’ Compensation Law and held by the Department of
12	Financial Services, the Department of Education, or the
13	Division of Administrative Hearings; providing for
14	specified release of such information to a law enforcement
15	agency; providing for retroactive application; providing
16	for future review and repeal; providing a statement of
17	public necessity; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Subsection (11) of section 440.185, Florida
22	Statutes, is amended to read:
23	440.185 Notice of injury or death; reports; penalties for
24	violations.--
25	(11) Any information in a report of injury or illness
26	filed pursuant to this section that would identify an ill or
27	injured employee is confidential and exempt from the provisions
28	of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
29	This subsection is subject to the Open Government Sunset Review
30	Act of 1995 in accordance with s. 119.15, and shall stand
31	repealed on October 2, 2003, unless reviewed and saved from
32	repeal through reenactment by the Legislature.
33	Section 2. Section 440.592, Florida Statutes, is created
34	to read:
35	440.592 Public records exemption for the Workers’
36	Compensation Law.--Information that identifies an ill or injured
37	worker, including medical and financial information, held by the
38	Department of Financial Services, the Department of Education,
39	or the Division of Administrative Hearings, pursuant to duties
40	described in this chapter, is confidential and exempt from the
41	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
42	Constitution. Such information may be released to a law
43	enforcement agency in furtherance of the agency’s duties and
44	responsibilities. The law enforcement agency must maintain the
45	confidential and exempt status of such information. This
46	exemption applies to information made confidential and exempt by
47	this section before, on, or after the effective date of the
48	exemption.
49	Section 3. Section 440.592, Florida Statutes, is subject
50	to the Open Government Sunset Review Act of 1995 in accordance
51	with s. 119.15, Florida Statutes, and shall stand repealed on
52	October 2, 2008, unless reviewed and saved from repeal through
53	reenactment by the Legislature.
54	Section 4. The Legislature finds that it is a public
55	necessity that the public records exemption created in s.
56	440.592, Florida Statutes, be applied to all information
57	regarding an ill or injured worker held by the Department of
58	Financial Services, the Department of Education, or the Division
59	of Administrative Hearings, pursuant to the Workers’
60	Compensation Law, in order to protect information of a sensitive
61	personal nature. This information includes personal, medical,
62	and financial details about an ill or injured worker, and public
63	access to such information or confirmation of agency possession
64	of such information could cause harm or embarrassment to an
65	individual and create an interest regarding the nondisclosure of
66	such personal information. The harm from disclosing medical
67	information outweighs any public benefit that can be derived
68	from public access because matters of personal health are
69	traditionally private and confidential concerns between the ill
70	or injured worker and his or her health care provider.
71	Additionally, the private and confidential nature of personal
72	health matters pervades both the public and private health care
73	sectors. The release of personal and financial information
74	concerning an ill or injured worker could allow unscrupulous
75	persons to exploit such a worker when the worker is in a
76	vulnerable state. Additionally, the disclosure of personal,
77	medical, and financial information regarding an ill or injured
78	worker could lead to discrimination against that worker by
79	coworkers and others, as well as place an ill or injured worker
80	at a disadvantage in obtaining employment subsequent to
81	receiving benefits under the Workers’ Compensation Law. The harm
82	caused to an ill or injured worker by the release of such
83	information outweighs any public benefit derived from its
84	release.
85	Section 5. This act shall take effect upon becoming a law.