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CS/CS/HB 1107 — Public Records/Workers’ Compensation

by Commerce Committee; Insurance and Banking Subcommittee; and Rep. Albritton (CS/CS/SB 1008 by Rules Committee; Banking and Insurance Committee; and Senators Perry and Bradley)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill creates a public records exemption for personal identifying information of an injured or deceased employee contained in reports, notices, records, or supporting documentation held by the Department of Financial Services (DFS) pursuant to ch. 440, F.S. “Personal identifying information,” means the injured or deceased employee’s name, date of birth, home, mailing, or e-mail address, or telephone number. The bill authorizes the DFS to disclose personal identifying information made confidential and exempt only:

  • To the injured employee, to the spouse or a dependent of the deceased employee, to the spouse or a dependent of the injured employee if authorized by the injured employee, or to the legal representative of the deceased employee’s estate;
  • To a party litigant, or his or her authorized representative, in matters pending before the Office of the Judges of Compensation Claims;
  • To a carrier or an employer for the purpose of investigating the compensability of a claim or for the purpose of administering its anti-fraud investigative unit established pursuant to s. 626.9891, F.S.;
  • In an aggregate reporting format that does not reveal the personal identifying information of any employee;
  • Pursuant to a court order or subpoena;
  • To an agency for administering its anti-fraud investigative function or in furtherance of the agency’s official duties and responsibilities; or
  • To a federal governmental entity in the furtherance of the entity’s official duties and responsibilities.

The bill provides that a person who willfully and knowingly discloses personal identifying information made confidential and exempt by this bill to an unauthorized person or entity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, F.S.

The public records exemption created by this bill is subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

If approved by the Governor, these provisions take effect July 1, 2017.

Vote: Senate 37-0; House 120-0