HB 0729CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public records and meetings exemptions;
7creating s. 440.3851, F.S.; exempting from public records
8and public meetings requirements certain records of the
9Florida Self-Insurers Guaranty Association, Incorporated,
10and certain meetings of the board of directors of the
11association or any subcommittee of the board; providing
12for release of such records under certain circumstances;
13providing requirements; providing for future legislative
14review and repeal; providing findings of public necessity;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 440.3851, Florida Statutes, is created
20to read:
21     440.3851  Public records and public meetings exemptions.--
22     (1)  The following records of the Florida Self-Insurers
23Guaranty Association, Incorporated, are confidential and exempt
24from s. 119.07(1) and s. 24(a), Art. I of the State
25Constitution:
26     (a)  Claims files, until termination of all litigation and
27settlement of all claims arising out of the same incident.
28     (b)  Medical records that are part of a claims file and
29other information relating to the medical condition or medical
30status of a claimant.
31     (c)  Minutes of exempt portions of meetings, as provided in
32subsection (3), until termination of all litigation and
33settlement of all claims with regard to that claim.
34     (2)  Records or portions of records made confidential and
35exempt by this section may be released, upon written request, to
36another agency in the performance of that agency's official
37duties and responsibilities. The receiving agency shall maintain
38the confidential and exempt status of such record or portion of
39a record.
40     (3)  That portion of a meeting of the association's board
41of directors or any subcommittee of the association's board at
42which records made confidential and exempt by this section are
43discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
44State Constitution. All exempt portions of meetings shall be
45recorded and transcribed. The board shall record the times of
46commencement and termination of the meeting, all discussion and
47proceedings, the names of all persons present at any time, and
48the names of all persons speaking. An exempt portion of any
49meeting may not be off the record. Subject to this section and
50s. 119.07(2)(a), the court reporter's notes of any exempt
51portion of a meeting shall be retained by the association for a
52minimum of 5 years. A copy of the transcript of any exempt
53portion of a meeting in which claims files are discussed shall
54become public as to individual claims after settlement of the
55claim with any confidential and exempt information redacted.
56     (4)  This section is subject to the Open Government Sunset
57Review Act of 1995 in accordance with s. 119.15 and shall stand
58repealed on October 2, 2010, unless reviewed and saved from
59repeal through reenactment by the Legislature.
60     Section 2.  (1)  The Legislature finds that it is a public
61necessity that claims files of the Florida Self-Insurers
62Guaranty Association, Incorporated, be held confidential and
63exempt from public records requirements and that portions of
64meetings of the board of directors of the association or of any
65subcommittee of the board, wherein these claims files are
66reviewed and evaluated be made exempt from public meetings
67requirements. The Legislature finds that the association was
68created to stand in the place of private businesses that are
69self-insured for workers' compensation claims if any of such
70businesses becomes insolvent. The Legislature finds that the
71exemption of the open claims files of the association is
72necessary for the effective and efficient administration of a
73government program created to insure workers with claims against
74insolvent businesses which can otherwise seek compensation from
75the funds collected by the association from its member
76businesses. Claims files are created by the association after a
77claim against one of its insolvent members is made; contain
78detailed information about the claim, medical information, and
79other personal information about the claimant; and also contain
80information detailing the evaluation of the legitimacy of the
81claim, the extent of incapacity, and a valuation of the award,
82if any, that should be made. Information in a claims file held
83by the association includes the medical records and other
84information related to the medical condition or medical status
85of a claimant. The Legislature finds that the claimants' medical
86records and other medical-related information are personal and
87sensitive. Therefore, the Legislature finds that an exemption
88for medical records and other information related to the medical
89condition or medical status of a claimant is a public necessity
90in order to protect a claimant's health-related information.
91Matters of personal health are traditionally a private and
92confidential concern. The release of the medical records of a
93claimant or personal identifying information concerning a
94claimant would violate the privacy of the individual or could
95cause unwarranted damage to the name or reputation of the
96individual. When a claim is contested, the work product of legal
97counsel may also be included in the file in the form of
98direction to claims professionals or other attorney-client
99privileged communications. Allowing the claimant or claimant's
100lawyers access to the files, which could be used for purposes of
101negotiation, claim evaluation, and settlement considerations,
102would weaken the legal position of the association and could
103result in higher awards and settlements paid out by the guaranty
104fund and ultimately the membership of the association.
105Additionally, information in claims files that reasonably
106encompass privileged attorney-client communications should be
107held confidential and exempt because the release of such
108information could jeopardize ongoing or pending litigation.
109     (2)  The Legislature further finds that closing access to
110meetings of the board of directors of the association or of a
111subcommittee of the board, wherein claims files are reviewed and
112evaluated, is necessary for the effective and efficient
113administration of the claims evaluation work of the association.
114The directors of the fund act in a trustee capacity and must
115take care that the assets of the fund are managed wisely. Their
116efforts to meet as a collegial body to closely review individual
117files in an open and frank setting that includes staff are
118thwarted by the current requirement that such meetings be open.
119Furthermore, discussion of individual files in an open and
120public setting might reveal private, sensitive medical
121information that is otherwise confidential.
122     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.