Florida Senate - 2017                                    SB 1008
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00874-17                                            20171008__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         440.185, F.S.; providing an exemption from public
    4         records requirements for the personal identifying
    5         information of an injured or deceased employee which
    6         is contained in certain notices or reports filed with
    7         the Division of Workers’ Compensation of the
    8         Department of Financial Services; authorizing the
    9         division to disclose such information under certain
   10         circumstances; providing for future review and repeal
   11         of the exemption; providing a statement of public
   12         necessity; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (11) is added to section 440.185,
   17  Florida Statutes, to read:
   18         440.185 Notice of injury or death; reports; penalties for
   19  violations.—
   20         (11)(a) In any notice or report filed with the division
   21  pursuant to this section, the personal identifying information
   22  of an injured or deceased employee contained in such notice or
   23  report is confidential and exempt from s. 119.07(1) and s.
   24  24(a), Art. I of the State Constitution.
   25         (b) Information made confidential and exempt under this
   26  subsection may be disclosed by the division only:
   27         1. In an aggregate reporting format that does not reveal
   28  the personal identifying information of any employee;
   29         2. Pursuant to a court order; or
   30         3. To an administrative or law enforcement agency in the
   31  furtherance of the agency’s official duties and
   32  responsibilities. An administrative or law enforcement agency
   33  receiving such information shall maintain the confidentiality of
   34  the information as long as it would otherwise be confidential.
   35         (c) This subsection is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15, and shall stand
   37  repealed on October 2, 2022, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         Section 2. The Legislature finds that it is a public
   40  necessity to make confidential and exempt from s. 119.07(1),
   41  Florida Statutes, and s. 24(a), Article I of the State
   42  Constitution the personal identifying information of an injured
   43  or deceased employee contained in any notice or report filed
   44  with the Division of Workers’ Compensation of the Department of
   45  Financial Services pursuant to s. 440.185, Florida Statutes.
   46  Such information filed under the Workers’ Compensation Law is of
   47  a sensitive, personal nature. Disclosure of such sensitive,
   48  personal information about an injured or deceased employee is an
   49  invasion of that employee’s privacy or the privacy of a deceased
   50  employee’s family. Further, the release of such information
   51  could lead to discrimination against the employee by coworkers,
   52  potential employers, and others. The harm caused to such an
   53  employee or his or her family by the release of this information
   54  outweighs any public benefit derived from its release.
   55         Section 3. This act shall take effect July 1, 2017.