(1) It shall be the responsibility of the Division of Risk Management of the Department of Financial Services to administer this part and the provisions of s. 287.131.
(2) The claim files maintained by the Division of Risk Management shall be confidential, shall be only for the usage by the Department of Financial Services in fulfilling its duties and responsibilities under this part, and shall be exempt from the provisions of s. 119.07(1).
(3) Upon certification by the division director or his or her designee to the custodian of any records maintained by the Department of Children and Families, Department of Health, Agency for Health Care Administration, or Department of Elderly Affairs that such records are necessary to investigate a claim against the Department of Children and Families, Department of Health, Agency for Health Care Administration, or Department of Elderly Affairs being handled by the Division of Risk Management, the records shall be released to the division subject to the provisions of subsection (2), any conflicting provisions as to the confidentiality of such records notwithstanding.
(4) Notwithstanding s. 440.1851, the Department of Financial Services may disclose the personal identifying information of an injured or deceased employee to a department-contracted vendor for the purpose of ascertaining a claimant’s claims history to investigate the compensability of a claim or to identify and prevent fraud.
History.—s. 1, ch. 72-206; s. 6, ch. 74-235; s. 2, ch. 77-107; s. 1, ch. 78-408; s. 1, ch. 89-15; s. 102, ch. 90-360; s. 204, ch. 95-148; s. 132, ch. 96-406; s. 49, ch. 99-8; s. 325, ch. 2003-261; s. 51, ch. 2014-19; s. 5, ch. 2018-102.
Structure Florida Statutes
Chapter 284 - State Risk Management and Safety Programs
Part II - State Casualty Claims (Ss. 284.30-284.45)
284.30 - State Risk Management Trust Fund; coverages to be provided.
284.31 - Scope and types of coverages; separate accounts.
284.311 - Property damage coverage for state-owned vehicles.
284.32 - Department of Financial Services to implement and consolidate.
284.33 - Purchase of insurance, reinsurance, and services.
284.35 - Administrative personnel; expenses to be paid from fund.
284.36 - Appropriation deposits; premium payment.
284.37 - Premium and investment accruals used for fund purposes.
284.38 - Waiver of sovereign immunity; effect.
284.385 - Reporting and handling of claims.
284.41 - Transfer of personnel and funds to the Division of Risk Management.
284.42 - Reports on state insurance program.