Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1008
       
       
       
       
       
       
                                Ì3058548Î305854                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       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 employees 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.