Florida Statutes
Chapter 440 - Workers' Compensation
440.3851 - Public Records and Public Meetings Exemptions.


(1) The following records of the Florida Self-Insurers Guaranty Association, Incorporated, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
(a) Claims files, until termination of all litigation and settlement of all claims arising out of the same accident.
(b) Medical records that are part of a claims file and other information relating to the medical condition or medical status of a claimant.
(c) Minutes of exempt portions of meetings, as provided in subsection (3), until termination of all litigation and settlement of all claims with regard to that claim.

(2) Records or portions of records made confidential and exempt by this section may be released, upon written request, to another agency in the performance of that agency’s official duties and responsibilities. The receiving agency shall maintain the confidential and exempt status of such record or portion of a record.

(3)(a) That portion of a meeting of the association’s board of directors or any subcommittee of the association’s board at which records made confidential and exempt by this section are discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(b) All exempt portions of meetings shall be recorded and transcribed. The board shall record the times of commencement and termination of the meeting, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. An exempt portion of any meeting may not be off the record.
(c) Subject to this section and s. 119.021(2), the court reporter’s notes of any exempt portion of a meeting shall be retained by the association for a minimum of 5 years.
(d) A copy of the transcript of any exempt portion of a meeting in which claims files are discussed shall become public as to individual claims after settlement of the claim with any confidential and exempt information redacted.

History.—s. 1, ch. 2005-198; s. 120, ch. 2008-4; s. 1, ch. 2010-72.

Structure Florida Statutes

Florida Statutes

Title XXXI - Labor

Chapter 440 - Workers' Compensation

440.01 - Short Title.

440.015 - Legislative Intent.

440.02 - Definitions.

440.021 - Exemption of Workers’ Compensation From Chapter 120.

440.03 - Application.

440.04 - Waiver of Exemption.

440.05 - Election of Exemption; Revocation of Election; Notice; Certification.

440.055 - Notice Requirements.

440.06 - Failure to Secure Compensation; Effect.

440.075 - When Corporate Officer Rejects Chapter; Effect.

440.077 - When a Corporate Officer Rejects Chapter, Effect.

440.09 - Coverage.

440.091 - Law Enforcement Officer, Firefighter, Emergency Medical Technician, or Paramedic; When Acting Within the Course of Employment.

440.092 - Special Requirements for Compensability; Deviation From Employment; Subsequent Intervening Accidents.

440.093 - Mental and Nervous Injuries.

440.094 - Extraterritorial Reciprocity.

440.10 - Liability for Compensation.

440.101 - Legislative Intent; Drug-Free Workplaces.

440.102 - Drug-Free Workplace Program Requirements.

440.1025 - Employer Workplace Safety Program in Ratesetting; Program Requirements; Rulemaking.

440.103 - Building Permits; Identification of Minimum Premium Policy.

440.104 - Competitive Bidder; Civil Actions.

440.105 - Prohibited Activities; Reports; Penalties; Limitations.

440.1051 - Fraud Reports; Civil Immunity; Criminal Penalties.

440.106 - Civil Remedies; Administrative Penalties.

440.107 - Department Powers to Enforce Employer Compliance With Coverage Requirements.

440.108 - Investigatory Records Relating to Workers’ Compensation Employer Compliance; Confidentiality.

440.11 - Exclusiveness of Liability.

440.12 - Time for Commencement and Limits on Weekly Rate of Compensation.

440.125 - Medical Records and Reports; Identifying Information in Employee Medical Bills; Confidentiality.

440.13 - Medical Services and Supplies; Penalty for Violations; Limitations.

440.132 - Investigatory Records Relating to Workers’ Compensation Managed Care Arrangements; Confidentiality.

440.134 - Workers’ Compensation Managed Care Arrangement.

440.14 - Determination of Pay.

440.15 - Compensation for Disability.

440.151 - Occupational Diseases.

440.16 - Compensation for Death.

440.17 - Guardian for Minor or Incompetent.

440.185 - Notice of Injury or Death; Reports; Penalties for Violations.

440.1851 - Personal Identifying Information of an Injured or Deceased Employee; Public Records Exemption.

440.19 - Time Bars to Filing Petitions for Benefits.

440.191 - Employee Assistance and Ombudsman Office.

440.192 - Procedure for Resolving Benefit Disputes.

440.1926 - Alternate Dispute Resolution; Claim Arbitration.

440.20 - Time for Payment of Compensation and Medical Bills; Penalties for Late Payment.

440.205 - Coercion of Employees.

440.207 - Workers’ Compensation System Guide.

440.21 - Invalid Agreements.

440.211 - Authorization of Collective Bargaining Agreement.

440.22 - Assignment and Exemption From Claims of Creditors.

440.23 - Compensation a Lien Against Assets.

440.24 - Enforcement of Compensation Orders; Penalties.

440.25 - Procedures for Mediation and Hearings.

440.271 - Appeal of Order of Judge of Compensation Claims.

440.2715 - Access to Courts Through State Video Teleconferencing Network.

440.28 - Modification of Orders.

440.29 - Procedure Before the Judge of Compensation Claims.

440.30 - Depositions.

440.31 - Witness Fees.

440.32 - Cost in Proceedings Brought Without Reasonable Ground.

440.33 - Powers of Judges of Compensation Claims.

440.34 - Attorney’s Fees; Costs.

440.345 - Reporting of Attorney’s Fees.

440.35 - Record of Injury or Death.

440.38 - Security for Compensation; Insurance Carriers and Self-Insurers.

440.381 - Application for Coverage; Reporting Payroll; Payroll Audit Procedures; Penalties.

440.385 - Florida Self-Insurers Guaranty Association, Incorporated.

440.3851 - Public Records and Public Meetings Exemptions.

440.386 - Individual Self-Insurers’ Insolvency; Conservation; Liquidation.

440.39 - Compensation for Injuries When Third Persons Are Liable.

440.40 - Compensation Notice.

440.41 - Substitution of Carrier for Employer.

440.42 - Insurance Policies; Liability.

440.44 - Workers’ Compensation; Staff Organization.

440.442 - Code of Judicial Conduct.

440.45 - Office of the Judges of Compensation Claims.

440.47 - Travel Expenses.

440.49 - Limitation of Liability for Subsequent Injury Through Special Disability Trust Fund.

440.491 - Reemployment of Injured Workers; Rehabilitation.

440.50 - Workers’ Compensation Administration Trust Fund.

440.51 - Expenses of Administration.

440.515 - Reports From Self-Insurers; Confidentiality.

440.52 - Registration of Insurance Carriers; Notice of Cancellation or Expiration of Policy; Suspension or Revocation of Authority.

440.525 - Examination and Investigation of Carriers and Claims-Handling Entities.

440.53 - Effect of Unconstitutionality.

440.54 - Violation of Child Labor Law.

440.55 - Proceedings Against State.

440.572 - Authorization for Individual Self-Insurer to Provide Coverage.

440.585 - Workers’ Compensation Group Self-Insurance Fund Application Disclosure.

440.591 - Administrative Procedure; Rulemaking Authority.

440.593 - Electronic Reporting.

440.60 - Application of Laws.