Senate Bill sb0284

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    Florida Senate - 2003                                   SB 284

    By the Committee on Banking and Insurance





    311-239-03

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         440.108, F.S., which provides an exemption from

  4         public-records requirements for investigatory

  5         records of the Department of Insurance

  6         concerning an employer's compliance with the

  7         Workers' Compensation Law; clarifying that a

  8         record containing personal identifying

  9         information of a confidential source remains

10         confidential after an investigation is

11         complete; providing for disclosure of certain

12         confidential information to a law enforcement

13         agency or administrative agency; requiring that

14         the receiving agency maintain the

15         confidentiality of the information; reenacting

16         the exemption and removing the repeal thereof

17         scheduled under the Open Government Sunset

18         Review Act of 1995; providing an effective

19         date.

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

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23         Section 1.  Notwithstanding the repeal scheduled for

24  October 2, 2003, under the Open Government Sunset Review Act

25  of 1995, section 440.108, Florida Statutes, is reenacted and

26  amended to read:

27         440.108  Investigatory records relating to workers'

28  compensation employer compliance; confidentiality.--

29         (1)  All investigatory records of the department made

30  or received pursuant to s. 440.107 and any records necessary

31  to complete an investigation are confidential and exempt from

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    Florida Senate - 2003                                   SB 284
    311-239-03




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

 2  State Constitution until the investigation is completed or

 3  ceases to be active. For purposes of this section, an

 4  investigation is considered "active" while such investigation

 5  is being conducted by the department with a reasonable, good

 6  faith belief that it may lead to the filing of administrative,

 7  civil, or criminal proceedings. An investigation does not

 8  cease to be active if the agency is proceeding with reasonable

 9  dispatch and there is a good faith belief that action may be

10  initiated by the agency or other administrative or law

11  enforcement agency.

12         (2)  After an investigation is completed or ceases to

13  be active, information in records relating to the

14  investigation remains remain confidential and exempt from the

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

16  Constitution if disclosure of that information would:

17         (a)  Jeopardize the integrity of another active

18  investigation;

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

20         (c)  Reveal business or personal financial information;

21         (d)  Reveal personal identifying information regarding

22  the identity of a confidential source;

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

24  name or reputation of an individual or jeopardize the safety

25  of an individual; or

26         (f)  Reveal investigative techniques or procedures.

27         (3)  The department may provide information that is

28  confidential and exempt under this section to any law

29  enforcement agency or administrative agency for use in the

30  performance of its official duties. An agency that receives

31  confidential information from the department shall maintain

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    Florida Senate - 2003                                   SB 284
    311-239-03




 1  the confidential and exempt status of that information as long

 2  as it would otherwise remain confidential.

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

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

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

 6  saved from repeal through reenactment by the Legislature.

 7         Section 2.  This act shall take effect October 1, 2003.

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10                          SENATE SUMMARY

11    Reenacts an exemption from the public-records law which
      is provided for investigatory records of the Department
12    of Insurance concerning an employer's compliance with
      requirements of the Workers' Compensation Law. Authorizes
13    the department to disclose confidential information to a
      law enforcement agency or administrative agency and
14    requires that the receiving agency maintain the
      confidentiality of the information. Removes the repeal of
15    the exemption scheduled for October 2, 2003, under the
      Open Government Sunset Review Act of 1995.
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