Senate Bill sb2122
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Florida Senate - 2004 SB 2122
By Senator Atwater
25-1654-04 See HB 565
1 A bill to be entitled
2 An act relating to public records and meetings
3 exemptions; creating s. 624.465, F.S.;
4 exempting from public records and public
5 meetings requirements certain records of the
6 Florida Self-Insurers Guaranty Association,
7 Incorporated, and meetings of the board of
8 directors of the association; providing for
9 future legislative review and repeal; providing
10 findings of public necessity; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 624.465, Florida Statutes, is
16 created to read:
17 624.465 Public records and meetings exemptions.--
18 (1) The following records of the Florida Self-Insurers
19 Guaranty Association, Incorporated, are confidential and
20 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
21 I of the State Constitution:
22 (a) Claims files, until termination of all litigation
23 and settlement of all claims arising out of the same incident,
24 although portions of the claims files may remain exempt, as
25 otherwise provided by law. Confidential and exempt claims file
26 records may be released to other governmental agencies upon
27 written request and demonstration of need; such records held
28 by the receiving agency remain confidential and exempt as
29 provided for herein.
30 (b) Minutes of closed meetings regarding a
31 confidential and exempt claims file until termination of all
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Florida Senate - 2004 SB 2122
25-1654-04 See HB 565
1 litigation and settlement of all claims with regard to that
2 claim, except that information otherwise confidential or
3 exempt by law will be redacted.
4 (2) Portions of meetings of the board of directors of
5 the association are exempt from the provisions of s. 286.011
6 and s. 24(b), Art. I of the State Constitution wherein
7 confidential and exempt claims files are discussed. All
8 portions of meetings which are closed to the public shall be
9 recorded and transcribed. The board shall record the times of
10 commencement and termination of the meeting, all discussion
11 and proceedings, the names of all persons present at any time,
12 and the names of all persons speaking. No portion of any
13 closed meeting shall be off the record. Subject to the
14 provisions hereof and s. 119.07(2)(a), the court reporter's
15 notes of any closed meeting shall be retained by the
16 corporation for a minimum of 5 years. A copy of the
17 transcript, less any exempt matters, of any closed meeting
18 wherein claims are discussed shall become public as to
19 individual claims after settlement of the claim.
20 Section 2. Section 624.465, Florida Statutes, is
21 subject to the Open Government Sunset Review Act of 1995 in
22 accordance with section 119.15, Florida Statutes, and shall
23 stand repealed on October 2, 2009, unless reviewed and saved
24 from repeal through reenactment by the Legislature.
25 Section 3. (1) The Legislature finds that it is a
26 public necessity that claims files of the Florida
27 Self-Insurers Guaranty Association, Incorporated, be held
28 confidential and exempt from public disclosure and that
29 portions of meetings of the board of directors of the
30 association, or meetings of any subcommittee of the board,
31 wherein these claims files are reviewed and evaluated be
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Florida Senate - 2004 SB 2122
25-1654-04 See HB 565
1 closed. The Legislature finds that the association was created
2 to stand in the place of private businesses that are self
3 insured for workers' compensation claims if any of such
4 businesses becomes insolvent. The Legislature finds that the
5 exemption of the open compensation files of the association is
6 necessary for the effective and efficient administration of a
7 government program created to insure workers with claims
8 against insolvent businesses which can otherwise seek
9 compensation from the funds collected by the association from
10 its member businesses. Claims files are created by the
11 association after a claim against one of its insolvent members
12 is made, contain detailed information about the claim, medical
13 information, and other personal information about the
14 claimant, and also contain information detailing the
15 evaluation of the legitimacy of the claim, the extent of
16 incapacity and a valuation of the award, if any, that should
17 be made. When a claim is contested, the work product of legal
18 counsel may also be included in the file in the form of
19 direction to claims professionals or other attorney-client
20 privileged communications. Allowing the claimant or their
21 lawyer's access to the files, which could be used for purposes
22 of negotiation, claim evaluation, and settlement
23 considerations, would weaken the legal position of the
24 association and could result in higher awards and settlements
25 paid out by the guaranty fund and ultimately the membership of
26 the association. Additionally, information in claims files
27 that reasonably encompass privileged attorney-client
28 communications should be held confidential and exempt because
29 the release of such information could jeopardize ongoing or
30 pending litigation. The Legislature further finds that the
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Florida Senate - 2004 SB 2122
25-1654-04 See HB 565
1 exempt records contain confidential medical information of a
2 personal, sensitive nature about the claimant.
3 (2) The Legislature further finds that closing access
4 to meetings of the board of directors of the association or
5 meetings of a subcommittee of the board, wherein claims files
6 are reviewed and evaluated, is necessary for the effective and
7 efficient administration of the claims evaluation work of the
8 association. The directors of the fund act in a trustee
9 capacity and must take care that the assets of the fund are
10 managed wisely. Their efforts to meet as a collegial body to
11 closely review individual files in an open and frank setting
12 that includes staff are thwarted by the current requirement
13 that such meetings be noticed and open. Furthermore,
14 discussion of individual files in an open and public setting
15 might reveal private, sensitive medical information that is
16 otherwise confidential.
17 Section 4. This act shall take effect upon becoming a
18 law.
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