Senate Bill sb0284c1
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Florida Senate - 2003 CS for SB 284
By the Committees on Governmental Oversight and Productivity;
and Banking and Insurance
302-2139-03
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 held by the department are
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Florida Senate - 2003 CS for SB 284
302-2139-03
1 confidential and exempt from the provisions of s. 119.07(1)
2 and s. 24(a), Art. I of the State Constitution until the
3 investigation is completed or ceases to be active. For
4 purposes of this section, an investigation is considered
5 "active" while such investigation is being conducted by the
6 department with a reasonable, good faith belief that it may
7 lead to the filing of administrative, civil, or criminal
8 proceedings. An investigation does not cease to be active if
9 the agency is proceeding with reasonable dispatch and there is
10 a good faith belief that action may be initiated by the agency
11 or other administrative or law 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 CS for SB 284
302-2139-03
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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9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 SB 284
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12 Modifies the bill to reflect that investigatory records that
are held by the department may not have been created by the
13 department.
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