Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. CS for SB 1008 Ì357448KÎ357448 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/25/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (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 12 pursuant to this chapter is confidential and exempt from s. 13 119.07(1) and s. 24(a), Art. I of the State Constitution. 14 (a) As used in this section, the term “personal identifying 15 information” means the injured or deceased employee’s name, date 16 of birth, home address or mailing address, e-mail address, or 17 telephone number. 18 (b) The department may disclose information made 19 confidential and exempt under this section only: 20 1. To the injured employee, to the spouse or a dependent of 21 the deceased employee, to the spouse or a dependent of the 22 injured employee if authorized by the injured employee, or to 23 the legal representative of the deceased employee’s estate; 24 2. To a party litigant, or his or her authorized 25 representative, in matters pending before the Office of the 26 Judges of Compensation Claims; 27 3. To a carrier or an employer for the purpose of 28 investigating the compensability of a claim or for the purpose 29 of administering its anti-fraud investigative unit established 30 pursuant to s. 626.9891; 31 4. In an aggregate reporting format that does not reveal 32 the personal identifying information of any employee; 33 5. Pursuant to a court order or subpoena; 34 6. To an agency for administering its anti-fraud 35 investigative function or in the furtherance of the agency’s 36 official duties and responsibilities; or 37 7. To a federal governmental entity in the furtherance of 38 the entity’s official duties and responsibilities. 39 40 A carrier, employer, agency, or governmental entity receiving 41 personal identifying information from the department shall 42 maintain the confidential and exempt status of the information. 43 (c) This public records exemption applies to personal 44 identifying information held by the department before, on, or 45 after the effective date of this exemption. 46 (2) A person who willfully and knowingly discloses personal 47 identifying information made confidential and exempt under this 48 section to an unauthorized person or entity commits a 49 misdemeanor of the first degree, punishable as provided in s. 50 775.082 or s. 775.083. 51 (3) This section is subject to the Open Government Sunset 52 Review Act in accordance with s. 119.15 and shall stand repealed 53 on October 2, 2022, unless reviewed and saved from repeal 54 through reenactment by the Legislature. 55 Section 2. The Legislature finds that it is a public 56 necessity to make confidential and exempt from s. 119.07(1), 57 Florida Statutes, and s. 24(a), Article I of the State 58 Constitution the personal identifying information of an injured 59 or deceased employee which is contained in reports, notices, 60 records, or supporting documentation held by the Department of 61 Financial Services pursuant to chapter 440, Florida Statutes. 62 Such information is of a sensitive, personal nature, and 63 disclosure of such information about an injured or deceased 64 employee is an invasion of that employee’s privacy or the 65 privacy of his or her family. Because of Florida’s workers’ 66 compensation system, an employee’s personal identifying 67 information becomes public record once the Department of 68 Financial Services is notified that the employee has been 69 injured or has died in a work-related incident. Public records 70 requests for this information have resulted in unwanted 71 solicitation of injured workers and their families. Further, the 72 release of such information could lead to discrimination against 73 the employee by coworkers, potential employers, and others 74 because of perceived social stigma related to injuries or 75 disabilities. The harm caused to such an employee or his or her 76 family by the release of this information outweighs any public 77 benefit derived from its release. 78 Section 3. This act shall take effect July 1, 2017. 79 80 ================= T I T L E A M E N D M E N T ================ 81 And the title is amended as follows: 82 Delete everything before the enacting clause 83 and insert: 84 A bill to be entitled 85 An act relating to public records; creating s. 86 440.1851, F.S.; providing an exemption from public 87 records requirements for the personal identifying 88 information of an injured or deceased employee which 89 is contained in reports, notices, records, or 90 supporting documentation held by the Department of 91 Financial Services pursuant to the Workers’ 92 Compensation Law; defining the term “personal 93 identifying information”; specifying circumstances 94 under which the department may disclose such 95 information; requiring certain entities receiving such 96 information to maintain the confidential and exempt 97 status of such information; providing retroactive 98 applicability; providing a criminal penalty for 99 willful and knowing disclosure of such information to 100 an unauthorized person or entity; providing for future 101 review and repeal of the exemption; providing a 102 statement of public necessity; providing an effective 103 date.