Florida Senate - 2017 CS for SB 1008 By the Committee on Banking and Insurance; and Senators Perry and Bradley 597-03360-17 20171008c1 1 A bill to be entitled 2 An act relating to public records; creating s. 3 440.1851, 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 reports, notices, records, or 7 supporting documentation held by the Department of 8 Financial Services; defining the term “personal 9 identifying information”; specifying circumstances 10 under which the department may disclose such 11 information; providing retroactive applicability; 12 providing a criminal penalty for willful and knowing 13 disclosure of such information; providing for future 14 review and repeal of the exemption; providing a 15 statement of public necessity; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 440.1851, Florida Statutes, is created 21 to read: 22 440.1851 Personal identifying information of an injured or 23 deceased employee; public records exemption.— 24 (1) The personal identifying information of an injured or 25 deceased employee which is contained in reports, notices, 26 records, or supporting documentation held by the department is 27 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 28 of the State Constitution. 29 (a) As used in this section, the term “personal identifying 30 information” means: 31 1. The injured or deceased employee’s name; 32 2. The injured or deceased employee’s date of birth; 33 3. The injured or deceased employee’s home address or 34 mailing address; 35 4. The injured or deceased employee’s e-mail address; or 36 5. The injured or deceased employee’s telephone number. 37 (b) The department may disclose information made 38 confidential and exempt under this section only: 39 1. To the injured employee, to the spouse or a dependent of 40 the deceased employee, to the spouse or a dependent of the 41 injured employee if authorized by the injured employee, or to 42 the legal representative of the deceased employee’s estate; 43 2. To a party litigant, or his or her authorized 44 representative, in matters pending before the Office of the 45 Judges of Compensation Claims; 46 3. To a carrier or an employer for the purpose of 47 investigating the compensability of a claim or for the purpose 48 of administering its anti-fraud investigative unit established 49 pursuant to s. 626.9891; 50 4. In an aggregate reporting format that does not reveal 51 the personal identifying information of any employee; 52 5. Pursuant to a court order or subpoena; 53 6. To an agency for administering its anti-fraud 54 investigative function or in the furtherance of the agency’s 55 official duties and responsibilities; or 56 7. To a federal governmental entity in the furtherance of 57 the entity’s official duties and responsibilities. 58 59 Any carrier, employer, agency, or governmental entity receiving 60 such information shall maintain the confidentiality of the 61 information as long as it would otherwise be confidential. 62 (c) This exemption applies to personal identifying 63 information held by the department before, on, or after the 64 effective date of this exemption. 65 (2) A person who willfully and knowingly discloses personal 66 identifying information made confidential and exempt under this 67 section commits a misdemeanor of the first degree, punishable as 68 provided in s. 775.082 or s. 775.083. 69 (3) This section is subject to the Open Government Sunset 70 Review Act in accordance with s. 119.15, and shall stand 71 repealed on October 2, 2022, unless reviewed and saved from 72 repeal through reenactment by the Legislature. 73 Section 2. The Legislature finds that it is a public 74 necessity to make confidential and exempt from s. 119.07(1), 75 Florida Statutes, and s. 24(a), Article I of the State 76 Constitution the personal identifying information of an injured 77 or deceased employee which is contained in reports, notices, 78 records, or supporting documentation held by the Department of 79 Financial Services. Such information is of a sensitive, personal 80 nature, and disclosure of such information about an injured or 81 deceased employee is an invasion of that employee’s privacy or 82 the privacy of his or her family. Further, the release of such 83 information could lead to discrimination against the employee by 84 coworkers, potential employers, and others. The harm caused to 85 such an employee or his or her family by the release of this 86 information outweighs any public benefit derived from its 87 release. 88 Section 3. This act shall take effect October 1, 2017.