HB 0729

1
A bill to be entitled
2An act relating to public records and meetings exemptions;
3creating s. 440.3851, F.S.; exempting from public records
4and public meetings requirements certain records of the
5Florida Self-Insurers Guaranty Association, Incorporated,
6and certain meetings of the board of directors of the
7association or any subcommittee of the board; providing
8for release of such records under certain circumstances;
9providing requirements; providing for future legislative
10review and repeal; providing findings of public necessity;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 440.3851, Florida Statutes, is created
16to read:
17     440.3851  Public records and public meetings exemptions.--
18     (1)  The following records of the Florida Self-Insurers
19Guaranty Association, Incorporated, are confidential and exempt
20from s. 119.07(1) and s. 24(a), Art. I of the State
21Constitution:
22     (a)  Claims files, until termination of all litigation and
23settlement of all claims arising out of the same accident.
24     (b)  Medical records that are part of a claims file and
25other information relating to the medical condition or medical
26status of a claimant.
27     (c)  Minutes of exempt portions of meetings, as provided in
28subsection (3), until termination of all litigation and
29settlement of all claims with regard to that claim.
30     (2)  Records or portions of records made confidential and
31exempt by this section may be released, upon written request, to
32another agency in the performance of that agency's official
33duties and responsibilities. The receiving agency shall maintain
34the confidential and exempt status of such record or portion of
35a record.
36     (3)  That portion of a meeting of the association's board
37of directors or any subcommittee of the association's board at
38which records made confidential and exempt by this section are
39discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
40State Constitution. All exempt portions of meetings shall be
41recorded and transcribed. The board shall record the times of
42commencement and termination of the meeting, all discussion and
43proceedings, the names of all persons present at any time, and
44the names of all persons speaking. An exempt portion of any
45meeting may not be off the record. Subject to this section and
46s. 119.021(2), the court reporter's notes of any exempt portion
47of a meeting shall be retained by the association for a minimum
48of 5 years. A copy of the transcript of any exempt portion of a
49meeting in which claims files are discussed shall become public
50as to individual claims after settlement of the claim with any
51confidential and exempt information redacted.
52     (4)  This section is subject to the Open Government Sunset
53Review Act of 1995 in accordance with s. 119.15 and shall stand
54repealed on October 2, 2010, unless reviewed and saved from
55repeal through reenactment by the Legislature.
56     Section 2.  (1)  The Legislature finds that it is a public
57necessity that claims files of the Florida Self-Insurers
58Guaranty Association, Incorporated, be held confidential and
59exempt from public records requirements and that portions of
60meetings of the board of directors of the association or of any
61subcommittee of the board, wherein these claims files are
62reviewed and evaluated be made exempt from public meetings
63requirements. The Legislature finds that the association was
64created to stand in the place of private businesses that are
65self-insured for workers' compensation claims if any of such
66businesses becomes insolvent. The Legislature finds that the
67exemption of the open claims files of the association is
68necessary for the effective and efficient administration of a
69government program created to insure workers with claims against
70insolvent businesses which can otherwise seek compensation from
71the funds collected by the association from its member
72businesses. Claims files are created by the association after a
73claim against one of its insolvent members is made; contain
74detailed information about the claim, medical information, and
75other personal information about the claimant; and also contain
76information detailing the evaluation of the legitimacy of the
77claim, the extent of incapacity, and a valuation of the award,
78if any, that should be made. Information in a claims file held
79by the association includes the medical records and other
80information related to the medical condition or medical status
81of a claimant. The Legislature finds that the claimants' medical
82records and other medical-related information are personal and
83sensitive. Therefore, the Legislature finds that an exemption
84for medical records and other information related to the medical
85condition or medical status of a claimant is a public necessity
86in order to protect a claimant's health-related information.
87Matters of personal health are traditionally a private and
88confidential concern. The release of the medical records of a
89claimant or personal identifying information concerning a
90claimant would violate the privacy of the individual or could
91cause unwarranted damage to the name or reputation of the
92individual. When a claim is contested, the work product of legal
93counsel may also be included in the file in the form of
94direction to claims professionals. Allowing the claimant or
95claimant's lawyers access to the files, which could be used for
96purposes of negotiation, claim evaluation, and settlement
97considerations, would weaken the legal position of the
98association and could result in higher awards and settlements
99paid out by the guaranty fund and ultimately the membership of
100the association.
101     (2)  The Legislature further finds that closing access to
102meetings of the board of directors of the association or of a
103subcommittee of the board, wherein claims files are reviewed and
104evaluated, is necessary for the effective and efficient
105administration of the claims evaluation work of the association.
106The directors of the fund act in a trustee capacity and must
107take care that the assets of the fund are managed wisely. Their
108efforts to meet as a collegial body to closely review individual
109files in an open and frank setting that includes staff are
110thwarted by the current requirement that such meetings be open.
111Furthermore, discussion of individual files in an open and
112public setting might reveal private, sensitive medical
113information that is otherwise confidential.
114     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.