Section 440.102(8), F.S. Except as provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results received or produced as a result of a drug-testing program are confidential and exempt from disclosure, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings except in accordance with this section or in determining compensability under the workers’ compensation law. Section 440.108, F.S. All investigatory records made or received pursuant to s. 440.107, [relating to enforcement of employer compliance with workers’ compensation coverage requirements], and any records necessary to complete an investigation held by the Department of Financial Services are confidential and exempt until the investigation is completed or ceases to be “active” as defined in the exemption. After the investigation is completed or ceases to be active, information in the records remains confidential and exempt if it would jeopardize the integrity of another active investigation; reveal a trade secret, business or personal financial information or personal identifying information regarding the identity of a confidential informant; defame or cause unwarranted damage to the good name or reputation of an individual or jeopardize the safety of an individual, or reveal investigative techniques or procedures. Section 440.125, F.S. Medical records and reports of an injured employee and any information identifying an injured employee in medical bills provided to the Department of Financial Services pursuant to s. 440.13, are confidential and exempt, except as otherwise provided by this section and Ch. 440. Section 440.132, F.S. Investigatory records of the Agency for Health Care Administration made or received pursuant to s. 440.134, and any examination records necessary to complete an investigation are confidential and exempt, until the investigation is completed or ceases to be “active,” as that term is defined in the subsection, except that medical records which specifically identify patients must remain confidential and exempt. Section 440.1851(1), F.S. Personal identifying information of an injured or deceased employee which is contained in records of the Department of Financial Services pursuant to the Workers’ Compensation Law is confidential, except as otherwise provided in the exemption. Section 440.25(3), F.S. Information from the files, reports, case summaries, mediator’s notes, or other communications or materials, oral or written, relating to a mediation conference under the Workers’ Compensation Law obtained by any person performing mediation duties is privileged and confidential and may not be disclosed without the written consent of all parties to the conference. Section 440.3851, F.S. Except as provided in the exemption, claims files of the Florida Self-Insurers Guaranty Association, Incorporated, and medical records that are part of a claims file and other information relating to the medical condition or medical status of a claimant, are confidential and exempt. Portions of meetings of the Association at which such confidential records are discussed are exempt from open meetings requirements. Section 440.39(7), F.S. Documents and inspection results produced pursuant to this subsection relating to investigation and prosecution of claims against third-party tortfeasors, are confidential and exempt from s. 119.07(1). Section 440.515, F.S. The Department of Financial Services shall maintain reports from self-insurers filed pursuant to former s. 440.51(6) as confidential and exempt from s. 119.07(1). The reports shall be released only as authorized in this section. (Florida Office of the Attorney General // © March 9, 2023)
