HB 729

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