| 1 | A bill to be entitled |
| 2 | An act relating to self-critical analysis; creating s. |
| 3 | 90.4075, F.S.; defining "self-critical analysis"; |
| 4 | providing that a report or other item created principally |
| 5 | for the purpose of self-critical analysis and the |
| 6 | promotion of safety is confidential and may not be |
| 7 | discovered or admitted into evidence if it meets specified |
| 8 | criteria; providing that the privilege may be waived; |
| 9 | providing that specified actions do not constitute a |
| 10 | waiver of privilege; providing that this privilege does |
| 11 | not prevent a plaintiff from proving culpable conduct by |
| 12 | other independent evidence or sources, even if they are |
| 13 | mentioned or included in a self-critical analysis; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 90.4075, Florida Statutes, is created |
| 19 | to read: |
| 20 | 90.4075 Self-critical analysis.-- |
| 21 | (1) As used in this section, the term "self-critical |
| 22 | analysis" means any investigation, inquiry, review, evaluation, |
| 23 | or other means by which a person or an organization seeks to |
| 24 | determine, calculate, predict, estimate, evaluate, or report the |
| 25 | safety or health effects of the use of any of its products, |
| 26 | systems, services, or processes. The term includes an analysis |
| 27 | or review by a component manufacturer of the safety and health |
| 28 | effects of component parts in end products. A self-critical |
| 29 | analysis may be conducted by employees of the person or |
| 30 | organization or by consultants engaged specifically to perform |
| 31 | the analysis or review. |
| 32 | (2) A book, document, report, or other tangible thing that |
| 33 | a person or an organization creates principally for the purpose |
| 34 | of self-critical analysis and the promotion of safety is |
| 35 | confidential and may not be discovered or admitted into evidence |
| 36 | if all of the following apply: |
| 37 | (a) It results from a self-critical analysis. |
| 38 | (b) It is created with the expectation that it will be |
| 39 | kept confidential. |
| 40 | (c) It remains confidential. |
| 41 | (d) It was not prepared with the intent to influence the |
| 42 | outcome of pending litigation. |
| 43 | (3) A director, officer, or principal of an organization |
| 44 | that conducts a self-critical analysis, or of an organization |
| 45 | that is requested to conduct a self-critical analysis, may waive |
| 46 | the privilege of self-critical analysis. The privilege shall not |
| 47 | be waived by a disclosure made: |
| 48 | (a) To a governmental agency. |
| 49 | (b) Of a document that summarizes the findings and |
| 50 | conclusions of the self-critical analysis. |
| 51 | (c) By a former employee of the organization that conducts |
| 52 | a self-critical analysis or of an organization that is requested |
| 53 | to conduct a self-critical analysis. |
| 54 | (d) By a person who has not been authorized to make the |
| 55 | disclosure by a director, officer, or principal of an |
| 56 | organization that conducts a self-critical analysis or of an |
| 57 | organization that is requested to conduct a self-critical |
| 58 | analysis. |
| 59 | (e) Inadvertently or maliciously. |
| 60 | (4) This section does not prevent a plaintiff from proving |
| 61 | culpable conduct by other independent evidence or sources, even |
| 62 | if such evidence or sources are mentioned or included in a |
| 63 | defendant's self-critical analysis. |
| 64 | Section 2. This act shall take effect July 1, 2009. |