The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Banking and Insurance
BILL: SPB 7018
INTRODUCER: For consideration by the Banking and Insurance Committee
SUBJECT: OGSR/Injured or Deceased Employee/Department of Financial Services
DATE: November 30, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schrader Knudson Pre-meeting
I. Summary:
SB 7018 amends s. 440.1851, Florida Statutes (F.S.), to save from repeal a public records
exemption relating to the personal identifying information of an injured or deceased worker
contained in reports, notices, records, or supporting documentation held by the Department of
Financial Services (DFS) pursuant to Florida’s Workers’ Compensation Law (ch. 440, F.S.).
“Personal identifying information,” means the injured or deceased employee’s name, date of
birth, home or mailing address, e-mail address, or telephone number. Section 440.1851, F.S.,
makes this information confidential and exempt and authorizes the DFS to disclose it only under
certain specified conditions. The section also provides for criminal penalties for the willful and
knowing unlawful disclosure of such information.
The bill takes effect October 1, 2022.
II. Present Situation:
Public Records Law
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 This applies to the official business
of any public body, officer, or employee of the state, including all three branches of state
government, local governmental entities, and any person acting on behalf of the government. 2
Chapter 119, F.S., known as the Public Records Act, constitutes the main body of public records
laws.3 The Public Records Act states that:
1
FLA. CONST., art. I, s. 24(a).
2
Id.
3
Public records laws are found throughout the Florida Statutes.
BILL: SPB 7018 Page 2
[i]t is the policy of this state that all state, county, and municipal records are open
for personal inspection and copying by any person. Providing access to public
records is a duty of each agency.4
The Public Records Act typically contains general exemptions that apply across agencies.
Agency- or program-specific exemptions often are placed in the substantive statutes
relating to that particular agency or program.
The Public Records Act does not apply to legislative or judicial records.5 Legislative records are
public pursuant to s. 11.0431, F.S. Public records exemptions for the Legislature are codified
primarily in s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business which are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
The Florida Statutes specify conditions under which public access to governmental records must
be provided. The Public Records Act guarantees every person’s right to inspect and copy any
state or local government public record at any reasonable time, under reasonable conditions, and
under supervision by the custodian of the public record.7 A violation of the Public Records Act
may result in civil or criminal liability.8
Only the Legislature may create an exemption to public records requirements.9 An exemption
must be created by general law and must specifically state the public necessity justifying the
exemption.10 Further, the exemption must be no broader than necessary to accomplish the stated
purpose of the law. A bill enacting an exemption may not contain other substantive provisions11
and must pass by a two-thirds vote of the members present and voting in each house of the
Legislature.12
4
Section 119.01(1), F.S.
5
Locke v. Hawkes, 595 So. 2d 32, 34 (Fla. 1992); see also Times Pub. Co. v. Ake, 660 So. 2d 255 (Fla. 1995).
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc. Inc., 379 So. 2d 633, 640 (Fla. 1980).
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST., art. I, s. 24(c).
10
Id.
11
The bill may, however, contain multiple exemptions that relate to one subject.
12
FLA. CONST., art. I, s. 24(c)
BILL: SPB 7018 Page 3
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act (the Act),
prescribe a legislative review process for newly created or substantially amended public records
or open meetings exemptions,16 with specified exceptions.17 The Act requires the repeal of such
exemption on October 2nd of the fifth year after creation or substantial amendment; in order to
save an exemption from repeal, the Legislature must reenact the exemption or repeal the sunset
date.18 In practice, many exemptions are continued by repealing the sunset date, rather than
reenacting the exemption.
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.19
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivision to effectively and efficiently administer a
program, and administration would be significantly impaired without the exemption;20
 Releasing sensitive personal information would be defamatory or would jeopardize an
individual’s safety. If this public purpose is cited as the basis of an exemption, however, only
personal identifying information is exempt;21 or
 It protects trade or business secrets.22
The Act also requires specified questions to be considered during the review process.23 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S. Section 119.15(4)(b), F.S., provides that an exemption is considered to be substantially amended if it
is expanded to include more records or information or to include meetings.
17
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
18
Section 119.15(3), F.S.
19
Section 119.15(6)(b), F.S.
20
Section 119.15(6)(b)1., F.S.
21
Section 119.15(6)(b)2., F.S.
22
Section 119.15(6)(b)3., F.S.
23
Section 119.15(6)(a), F.S. The specified questions are:
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
BILL: SPB 7018 Page 4
If, in reenacting an exemption or repealing the sunset date, the exemption is expanded, then a
public necessity statement and a two-thirds vote for passage are required.24 If the exemption is
reenacted or saved from repeal without substantive changes or if the exemption is narrowed, then
a public necessity statement and a two-thirds vote for passage are not required. If the Legislature
allows an exemption to expire, the previously exempt records will remain exempt unless
otherwise provided by law.25
Department of Financial Services
The Chief Financial Officer is the head of the DFS.26 Within the DFS’s many divisions are the
Division of Investigative and Forensic Services, the Division of Risk Management, and the
Division of Workers’ Compensation.
The Bureau of Insurance Fraud of the Division of Investigative and Forensic Services
investigates alleged acts of insurance fraud not categorized under workers’ compensation fraud,
including: licensee, healthcare, application, vehicle, homeowners, commercial, disability, arson,
and life insurance fraud. Within these categories are: organized schemes to defraud the public
and insurers, insolvency of insurance companies due to internal fraud, criminal activity by
unauthorized entities illegally doing business in Florida, and viatical related fraud.27
The Bureau of State Employee Workers’ Compensation Claims, within the Division of Risk
Management, is responsible for the administration of all workers’ compensations claims filed by
state employees and volunteers who are injured on the job. It typically receives approximately
12,000 new claims each year and is primarily responsible for ensuring that covered individuals
receive timely benefits, while safeguarding the State from instances of fraud, waste, and abuse.28
The Division of Workers’ Compensation is responsible for administering many of the provisions
of ch. 440, F.S. In addition, the Agency for Health Care Administration and the Office of Judges
of Compensation Claims within the Division of Administrative Hearings are also responsible for
administering provisions of ch. 440, F.S., the Workers’ Compensation Law.29
Section 440.185, F.S., establishes reporting requirements for employees, employers, and carriers
relating to said employee suffering an injury arising out of and in the course of their
employment. In particular, s. 440.185(2), F.S., requires that employers report such injury to its
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
24
FLA. CONST. art. I, s. 24(c).
25
Section 119.15(7), F.S.
26
Section 20.121(1), F.S.
27
Bureau of Insurance Fraud within the Division Investigative and Forensic Services, available at
https://www.myfloridacfo.com/division/difs/insurance-fraud (last viewed Nov. 24, 2021).
28
Bureau of State Employee Workers’ Compensation Claims within the Division of Risk Management, available at
https://www.myfloridacfo.com/division/risk/workers-compensation (last viewed Nov. 24, 2021).
29
Sections 440.015, 440.135, 440.44, and 440.45, F.S.
BILL: SPB 7018 Page 5
workers’ compensation insurance carrier, in a format prescribed by the department, and shall
provide a copy of such report to the employee or the employee’s estate.
 The name and address of the employer;
 The name, social security number, mailing address, telephone number, and occupation of the
injured worker;
 The cause and nature of the injury or death;
 The year, month, day, and hour when, and the particular locality where the injury or death
occurred; and
 Such other information the DFS may require.
Further, additional reports about the condition of the employee, including copies of medical
reports and bills,30 funeral expenses, and wage statements, must also be filed with the DFS.31
In addition to the First Report of Injury (form DFS-F2-DWC-1 as established by DFS),
employers and carriers are also required to file subsequent reports with the DFS relating to an
injured worker that contain information that would identify said worker.32 These reports or forms
include, but are not limited to, the following reports: Wage Statement, Request for Wage
Loss/Temporary Partial Benefits, Notice of Action/Change, Notice of Denial, Claim Cost
Report, Request for Social Security Disability Benefit Information, and Employee Earnings
Report.33
Public Records Exemptions Relating to Florida’s Workers’ Compensation Law
Section 624.23, F.S., of the Florida Insurance Code provides a public record exemption for
personal financial and health information34 submitted by a consumer seeking assistance from the
DFS. The term “consumer,” as used in the section, means 1) a prospective purchaser, purchaser,
or beneficiary of, or applicant for, any product or service regulated under the Florida Insurance
Code, and a family member or dependent of said consumer, or 2) an employee seeking assistance
from the Employee Assistance and Ombudsman Office under s. 440.191, F.S. This personal
financial and health information held by the DFS or Office of Insurance Regulation, is
confidential and exempt from s. 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution.
30
Information in the medical reports may include the name and address of the injured worker, date of accident, and procedure
and diagnosis code describing the treatment and nature of the injury. Section 440.13(4)(b), F.S., and Rules 69L-7.710-7.750,
F.A.C.
31
Section 440.185(4), F.S.
32
See Division of Worker’s Compensation Forms, available at
https://www.myfloridacfo.com/division/wc/publicationsformsmanualsreports/forms/default.htm (last viewed Nov. 24, 2021).
33
Id.
34
Section 624.23, F.S., provides that a consumer’s personal financial and health information means: Personal health
condition, disease, or injury; a history of a consumer’s personal medical diagnosis or treatment; the existence, nature,
source, or amount of a consumer’s personal income or expenses; records of or relating to a consumer’s personal financial
transactions of any kind; the existence, identification, nature, or value of a consumer’s assets, liabilities, or net worth; the
existence or content of, or any individual coverage or status under a consumer’s beneficial interest in, any insurance policy or
annuity contract; or the existence, identification, nature, or value of a consumer’s interest in any insurance policy, annuity
contract, or trust.
BILL: SPB 7018 Page 6
Further, s. 624.23(3), F.S., provides that this personal financial and health information may be
disclosed to specified parties.35
Currently, ch. 440, F.S., provides three public records exemptions directly related to injured or
deceased injured workers. The first exemption, s. 440.102(8), F.S., protects all information,
interviews, reports, statements, memoranda, and drug test results, written or otherwise, received
or produced because of a drug-testing program. The second exemption, s. 440.125, F.S., provides
that medical records and medical reports identifying an injured worker, which are filed with the
DFS pursuant to s. 440.13, F.S., are confidential and exempt.
The third exemption, s. 440.1851, F.S., is the subject of this open government sunset review. The
exemption provides that personal identifying information of an injured or deceased worker
contained in reports, notices, records, or supporting documentation held by the DFS pursuant to
ch. 440, F.S. are confidential and exempt from public records requirements. As used in, s.
440.1851, F.S., “personal identifying information,” means the injured or deceased employee’s