The Florida Senate

768.301  Public records and meetings laws; exemptions; findings.--The Legislature finds that it is a public necessity to continue to exempt from the public records law claims files records and minutes of meetings and proceedings relating to risk management programs entered into by the state and its agencies and subdivisions in anticipation of tort claims until termination of all litigation and settlement of all claims arising out of the same incident; to continue to exempt from the public meetings law proceedings and meetings regarding claims filed; and to protect from subpoena persons privy to discussions pertinent to the evaluation of a filed claim. The public good served by not so exempting is far outweighed by the public harm that would result from such disclosure. If such records and meetings were not exempt, claimants would have unfettered access to, for example, the state's evidence, negotiation strategies, and claim evaluation and settlement considerations; thus, the amount of the awards and settlements paid out by the state, its agencies and subdivisions, and ultimately the taxpayer, would increase dramatically. Furthermore, release of such information to the public serves no public purpose (e.g., monitoring the adequacy of agency investigations and reasonableness of settlement positions) which could not be otherwise accomplished upon completion of all litigation and settlement of claims when the records become publicly available.

History.--s. 2, ch. 94-76.