Florida Senate - 2017 SB 1008 By Senator Perry 8-00874-17 20171008__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 440.185, 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 certain notices or reports filed with 7 the Division of Workers’ Compensation of the 8 Department of Financial Services; authorizing the 9 division to disclose such information under certain 10 circumstances; providing for future review and repeal 11 of the exemption; providing a statement of public 12 necessity; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (11) is added to section 440.185, 17 Florida Statutes, to read: 18 440.185 Notice of injury or death; reports; penalties for 19 violations.— 20 (11)(a) In any notice or report filed with the division 21 pursuant to this section, the personal identifying information 22 of an injured or deceased employee contained in such notice or 23 report is confidential and exempt from s. 119.07(1) and s. 24 24(a), Art. I of the State Constitution. 25 (b) Information made confidential and exempt under this 26 subsection may be disclosed by the division only: 27 1. In an aggregate reporting format that does not reveal 28 the personal identifying information of any employee; 29 2. Pursuant to a court order; or 30 3. To an administrative or law enforcement agency in the 31 furtherance of the agency’s official duties and 32 responsibilities. An administrative or law enforcement agency 33 receiving such information shall maintain the confidentiality of 34 the information as long as it would otherwise be confidential. 35 (c) This subsection is subject to the Open Government 36 Sunset Review Act in accordance with s. 119.15, and shall stand 37 repealed on October 2, 2022, unless reviewed and saved from 38 repeal through reenactment by the Legislature. 39 Section 2. The Legislature finds that it is a public 40 necessity to make confidential and exempt from s. 119.07(1), 41 Florida Statutes, and s. 24(a), Article I of the State 42 Constitution the personal identifying information of an injured 43 or deceased employee contained in any notice or report filed 44 with the Division of Workers’ Compensation of the Department of 45 Financial Services pursuant to s. 440.185, Florida Statutes. 46 Such information filed under the Workers’ Compensation Law is of 47 a sensitive, personal nature. Disclosure of such sensitive, 48 personal information about an injured or deceased employee is an 49 invasion of that employee’s privacy or the privacy of a deceased 50 employee’s family. Further, the release of such information 51 could lead to discrimination against the employee by coworkers, 52 potential employers, and others. The harm caused to such an 53 employee or his or her family by the release of this information 54 outweighs any public benefit derived from its release. 55 Section 3. This act shall take effect July 1, 2017.