Florida Senate - 2022                                    SB 7018
       
       
        
       By the Committee on Banking and Insurance
       
       
       
       
       
       597-01491-22                                          20227018__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 440.1851, F.S., which
    4         provides an exemption from public records requirements
    5         for the personal identifying information of an injured
    6         or deceased employee which is contained in reports,
    7         notices, records, or supporting documentation held by
    8         the Department of Financial Services pursuant to the
    9         Workers’ Compensation Law; removing the scheduled
   10         repeal of the exemption; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 440.1851, Florida Statutes, is amended
   15  to read:
   16         440.1851 Personal identifying information of an injured or
   17  deceased employee; public records exemption.—
   18         (1) The personal identifying information of an injured or
   19  deceased employee which is contained in reports, notices,
   20  records, or supporting documentation held by the department
   21  pursuant to this chapter is confidential and exempt from s.
   22  119.07(1) and s. 24(a), Art. I of the State Constitution.
   23         (a) As used in this section, the term “personal identifying
   24  information” means the injured or deceased employee’s name, date
   25  of birth, home address or mailing address, e-mail address, or
   26  telephone number.
   27         (b) The department may disclose information made
   28  confidential and exempt under this section only:
   29         1. To the injured employee, to the spouse or a dependent of
   30  the deceased employee, to the spouse or a dependent of the
   31  injured employee if authorized by the injured employee, or to
   32  the legal representative of the deceased employee’s estate;
   33         2. To a party litigant, or his or her authorized
   34  representative, in matters pending before the Office of the
   35  Judges of Compensation Claims;
   36         3. To a carrier or an employer for the purpose of
   37  investigating the compensability of a claim or for the purpose
   38  of administering its anti-fraud investigative unit established
   39  pursuant to s. 626.9891;
   40         4. In an aggregate reporting format that does not reveal
   41  the personal identifying information of any employee;
   42         5. Pursuant to a court order or subpoena;
   43         6. To an agency for administering its anti-fraud
   44  investigative function or in the furtherance of the agency’s
   45  official duties and responsibilities; or
   46         7. To a federal governmental entity in the furtherance of
   47  the entity’s official duties and responsibilities.
   48  
   49  A carrier, employer, agency, or governmental entity receiving
   50  personal identifying information from the department shall
   51  maintain the confidential and exempt status of the information.
   52         (c) This public records exemption applies to personal
   53  identifying information held by the department before, on, or
   54  after the effective date of this exemption.
   55         (2) A person who willfully and knowingly discloses personal
   56  identifying information made confidential and exempt under this
   57  section to an unauthorized person or entity commits a
   58  misdemeanor of the first degree, punishable as provided in s.
   59  775.082 or s. 775.083.
   60         (3) This section is subject to the Open Government Sunset
   61  Review Act in accordance with s. 119.15 and shall stand repealed
   62  on October 2, 2022, unless reviewed and saved from repeal
   63  through reenactment by the Legislature.
   64         Section 2. This act shall take effect October 1, 2022.