HB 0565 2004
1	A bill to be entitled
2	An act relating to public records and meetings exemptions;
3	creating s. 624.465, F.S.; exempting from public records
4	and public meetings requirements certain records of the
5	Florida Self-Insurers Guaranty Association, Incorporated,
6	and meetings of the board of directors of the association;
7	providing for future legislative review and repeal;
8	providing findings of public necessity; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 624.465, Florida Statutes, is created
14	to read:
15	624.465 Public records and meetings exemptions.--
16	(1) The following records of the Florida Self-Insurers
17	Guaranty Association, Incorporated, are confidential and exempt
18	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
19	State Constitution:
20	(a) Claims files, until termination of all litigation and
21	settlement of all claims arising out of the same incident,
22	although portions of the claims files may remain exempt, as
23	otherwise provided by law. Confidential and exempt claims file
24	records may be released to other governmental agencies upon
25	written request and demonstration of need; such records held by
26	the receiving agency remain confidential and exempt as provided
27	for herein.
28	(b) Minutes of closed meetings regarding a confidential
29	and exempt claims file until termination of all litigation and
30	settlement of all claims with regard to that claim, except that
31	information otherwise confidential or exempt by law will be
32	redacted.
33	(2) Portions of meetings of the board of directors of the
34	association are exempt from the provisions of s. 286.011 and s.
35	24(b), Art. I of the State Constitution wherein confidential and
36	exempt claims files are discussed. All portions of meetings
37	which are closed to the public shall be recorded and
38	transcribed. The board shall record the times of commencement
39	and termination of the meeting, all discussion and proceedings,
40	the names of all persons present at any time, and the names of
41	all persons speaking. No portion of any closed meeting shall be
42	off the record. Subject to the provisions hereof and s.
43	119.07(2)(a), the court reporter's notes of any closed meeting
44	shall be retained by the corporation for a minimum of 5 years. A
45	copy of the transcript, less any exempt matters, of any closed
46	meeting wherein claims are discussed shall become public as to
47	individual claims after settlement of the claim.
48	Section 2. Section 624.465, Florida Statutes, is subject
49	to the Open Government Sunset Review Act of 1995 in accordance
50	with s. 119.15, Florida Statutes, and shall stand repealed on
51	October 2, 2009, unless reviewed and saved from repeal through
52	reenactment by the Legislature.
53	Section 3. (1) The Legislature finds that it is a public
54	necessity that claims files of the Florida Self-Insurers
55	Guaranty Association, Incorporated, be held confidential and
56	exempt from public disclosure and that portions of meetings of
57	the board of directors of the association, or meetings of any
58	subcommittee of the board, wherein these claims files are
59	reviewed and evaluated be closed. The Legislature finds that the
60	association was created to stand in the place of private
61	businesses that are self insured for workers' compensation
62	claims if any of such businesses becomes insolvent. The
63	Legislature finds that the exemption of the open compensation
64	files of the association is necessary for the effective and
65	efficient administration of a government program created to
66	insure workers with claims against insolvent businesses which
67	can otherwise seek compensation from the funds collected by the
68	association from its member businesses. Claims files are created
69	by the association after a claim against one of its insolvent
70	members is made, contain detailed information about the claim,
71	medical information, and other personal information about the
72	claimant, and also contain information detailing the evaluation
73	of the legitimacy of the claim, the extent of incapacity and a
74	valuation of the award, if any, that should be made. When a
75	claim is contested, the work product of legal counsel may also
76	be included in the file in the form of direction to claims
77	professionals or other attorney-client privileged
78	communications. Allowing the claimant or their lawyer's access
79	to the files, which could be used for purposes of negotiation,
80	claim evaluation, and settlement considerations, would weaken
81	the legal position of the association and could result in higher
82	awards and settlements paid out by the guaranty fund and
83	ultimately the membership of the association. Additionally,
84	information in claims files that reasonably encompass privileged
85	attorney-client communications should be held confidential and
86	exempt because the release of such information could jeopardize
87	ongoing or pending litigation. The Legislature further finds
88	that the exempt records contain confidential medical information
89	of a personal, sensitive nature about the claimant.
90	(2) The Legislature further finds that closing access to
91	meetings of the board of directors of the association or
92	meetings of a subcommittee of the board, wherein claims files
93	are reviewed and evaluated, is necessary for the effective and
94	efficient administration of the claims evaluation work of the
95	association. The directors of the fund act in a trustee capacity
96	and must take care that the assets of the fund are managed
97	wisely. Their efforts to meet as a collegial body to closely
98	review individual files in an open and frank setting that
99	includes staff are thwarted by the current requirement that such
100	meetings be noticed and open. Furthermore, discussion of
101	individual files in an open and public setting might reveal
102	private, sensitive medical information that is otherwise
103	confidential.
104	Section 4. This act shall take effect upon becoming a law.