Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1008 Ì3058548Î305854 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 440.1851, Florida Statutes, is created 6 to read: 7 440.1851 Personal identifying information of an injured or 8 deceased employee; public records exemption.— 9 (1) The personal identifying information of an injured or 10 deceased employee which is contained in reports, notices, 11 records, or supporting documentation held by the department is 12 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 13 of the State Constitution. 14 (a) As used in this section, the term “personal identifying 15 information” means: 16 1. The injured or deceased employee’s name; 17 2. The injured or deceased employee’s date of birth; 18 3. The injured or deceased employee’s home address or 19 mailing address; 20 4. The injured or deceased employee’s e-mail address; or 21 5. The injured or deceased employee’s telephone number. 22 (b) The department may disclose information made 23 confidential and exempt under this section only: 24 1. To the injured employee, to the spouse or a dependent of 25 the deceased employee, to the spouse or a dependent of the 26 injured employee if authorized by the injured employee, or to 27 the legal representative of the deceased employee’s estate; 28 2. To a party litigant, or his or her authorized 29 representative, in matters pending before the Office of the 30 Judges of Compensation Claims; 31 3. To a carrier or an employer for the purpose of 32 investigating the compensability of a claim or for the purpose 33 of administering its anti-fraud investigative unit established 34 pursuant to s. 626.9891; 35 4. In an aggregate reporting format that does not reveal 36 the personal identifying information of any employee; 37 5. Pursuant to a court order or subpoena; 38 6. To an agency for administering its anti-fraud 39 investigative function or in the furtherance of the agency’s 40 official duties and responsibilities; or 41 7. To a federal governmental entity in the furtherance of 42 the entity’s official duties and responsibilities. 43 44 Any carrier, employer, agency, or governmental entity receiving 45 such information shall maintain the confidentiality of the 46 information as long as it would otherwise be confidential. 47 (c) This exemption applies to personal identifying 48 information held by the department before, on, or after the 49 effective date of this exemption. 50 (2) A person who willfully and knowingly discloses personal 51 identifying information made confidential and exempt under this 52 section commits a misdemeanor of the first degree, punishable as 53 provided in s. 775.082 or s. 775.083. 54 (3) This section is subject to the Open Government Sunset 55 Review Act in accordance with s. 119.15, and shall stand 56 repealed on October 2, 2022, unless reviewed and saved from 57 repeal through reenactment by the Legislature. 58 Section 2. The Legislature finds that it is a public 59 necessity to make confidential and exempt from s. 119.07(1), 60 Florida Statutes, and s. 24(a), Article I of the State 61 Constitution the personal identifying information of an injured 62 or deceased employee which is contained in reports, notices, 63 records, or supporting documentation held by the Department of 64 Financial Services. Such information is of a sensitive, personal 65 nature, and disclosure of such information about an injured or 66 deceased employee is an invasion of that employee’s privacy or 67 the privacy of his or her family. Further, the release of such 68 information could lead to discrimination against the employee by 69 coworkers, potential employers, and others. The harm caused to 70 such an employee or his or her family by the release of this 71 information outweighs any public benefit derived from its 72 release. 73 Section 3. This act shall take effect October 1, 2017. 74 75 ================= T I T L E A M E N D M E N T ================ 76 And the title is amended as follows: 77 Delete everything before the enacting clause 78 and insert: 79 A bill to be entitled 80 An act relating to public records; creating s. 81 440.1851, F.S.; providing an exemption from public 82 records requirements for the personal identifying 83 information of an injured or deceased employee which 84 is contained in reports, notices, records, or 85 supporting documentation held by the Department of 86 Financial Services; defining the term “personal 87 identifying information”; specifying circumstances 88 under which the department may disclose such 89 information; providing retroactive applicability; 90 providing a criminal penalty for willful and knowing 91 disclosure of such information; providing for future 92 review and repeal of the exemption; providing a 93 statement of public necessity; providing an effective 94 date.