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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