Florida Statute 284.40 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 284
STATE RISK MANAGEMENT AND SAFETY PROGRAMS

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F.S. 284.40

284.40 Division of Risk Management; disclosure of certain workers’ compensation-related information by the Department of Financial Services.—

(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.

F.S. 284.40 on Google Scholar

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Amendments to 284.40

Arrestable Offenses / Crimes under Fla. Stat. 284.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 284.40.

Annotations, Discussions, Cases:

Cases Citing Statute 284.40

Total Results: 7

Garcia v. Carmar Structural Inc./Feisco

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-05T00:00:00-07:00

Citation: 605 So. 2d 1288, 1992 Fla. App. LEXIS 10346, 1992 WL 260627

Snippet: the carrier calculated the wage loss benefits at $284.40, using the recently amended section 440.15(3)(b

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-12-15T23:53:00-08:00

Snippet: to both types of negotiation records. Compare, s 284.40(2), F.S. To construe subsection (3) of s 624.311

STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Kropff

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-13T23:53:00-08:00

Citation: 445 So. 2d 1068

Snippet: special law from disclosure are exempt). Section 284.40(2), Florida Statutes (1981), provides that "

Miami Herald Pub. Co. v. City of North Miami

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-13T23:53:00-08:00

Citation: 452 So. 2d 572

Snippet: .2d 1068 (Fla. 3d DCA 1984) (the scope of section 284.40, Florida Statutes (1981), creates an exemption …admissibility of evidence in judicial proceedings), with § 284.40, Fla. Stat. (1981) (claim files maintained by the

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Court: Fla. Att'y Gen. | Date Filed: 1981-11-02T23:53:00-08:00

Snippet: administration of Part II of ch. 284, F.S. See s.284.40, F.S. Section 284.36, F.S., provides, in effect

Reinmiller v. State

Court: Fla. | Date Filed: 1927-03-09T00:00:00-08:00

Citation: 111 So. 633, 93 Fla. 462

Snippet: similar in their facts: Swigart v. State, 154 Ill. 284, 40 N.E. Rep. 432; People v. Weithoff, 93 Mich. 631

McBride v. State

Court: Fla. | Date Filed: 1897-06-14T23:53:00-08:00

Citation: 39 Fla. 442

Snippet: in their facts: *449Swigart vs. State, 154 Ill. 284, 40 N. E. Rep. 432; People vs. Weithoff, 93 Mich. 631