Florida Statutes 440.1851 – Personal identifying information of an injured or deceased employee; public records exemption
Current as of: 2023 | Check for updates
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(1) The personal identifying information of an injured or deceased employee which is contained in reports, notices, records, or supporting documentation held by the department pursuant to this chapter is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
For details, see Fla. Stat. § 775.082(4)(a)
(a) As used in this section, the term “personal identifying information” means the injured or deceased employee’s name, date of birth, home address or mailing address, e-mail address, or telephone number.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 440.1851
- Agency: means the Agency for Health Care Administration. See Florida Statutes 440.02
- carrier: as used in this chapter , means an insurer as defined in this subsection. See Florida Statutes 440.02
- Compensation: means the money allowance payable to an employee or to his or her dependents as provided for in this chapter. See Florida Statutes 440.02
- Department: means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
- Dependent: A person dependent for support upon another.
- Employee: includes any person who is an officer of a corporation and who performs services for remuneration for such corporation within this state, whether or not such services are continuous. See Florida Statutes 440.02
- Employer: means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
- Person: means individual, partnership, association, or corporation, including any public service corporation. See Florida Statutes 440.02
- Spouse: includes only a spouse substantially dependent for financial support upon the decedent and living with the decedent at the time of the decedent's injury and death, or substantially dependent upon the decedent for financial support and living apart at that time for justifiable cause. See Florida Statutes 440.02
- Subpoena: A command to a witness to appear and give testimony.
(b) The department may disclose information made confidential and exempt under this section only:
1. To the injured employee, to the spouse or a dependent of the deceased employee, to the spouse or a dependent of the injured employee if authorized by the injured employee, or to the legal representative of the deceased employee’s estate;
2. To a party litigant, or his or her authorized representative, in matters pending before the Office of the Judges of Compensation Claims;
3. To a carrier or an employer for the purpose of investigating the compensability of a claim or for the purpose of administering its anti-fraud investigative unit established pursuant to s. 626.9891;
4. In an aggregate reporting format that does not reveal the personal identifying information of any employee;
5. Pursuant to a court order or subpoena;
6. To an agency for administering its anti-fraud investigative function or in the furtherance of the agency’s official duties and responsibilities; or
7. To a federal governmental entity in the furtherance of the entity’s official duties and responsibilities.
A carrier, employer, agency, or governmental entity receiving personal identifying information from the department shall maintain the confidential and exempt status of the information.
(c) This public records exemption applies to personal identifying information held by the department before, on, or after the effective date of this exemption.