Senate Bill 1278
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Florida Senate - 2000 SB 1278
By Senator King
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1 A bill to be entitled
2 An act relating to the Florida Windstorm
3 Underwriting Association; amending s. 627.351,
4 F.S.; providing exemptions from the public
5 records law for specified records of the
6 association; providing an exemption for certain
7 meetings of the members of the board of
8 directors of the association; providing for
9 future review and repeal; providing a finding
10 of public necessity; providing an effective
11 date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (f) is added to subsection (2) of
16 section 627.351, Florida Statutes, to read:
17 627.351 Insurance risk apportionment plans.--
18 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.--
19 (f)1. The following records of the Florida Windstorm
20 Underwriting Association are confidential and exempt from the
21 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
22 Constitution:
23 a. Appraisals, surveys, applications, and other
24 information relating to a policyholder's property, including
25 its location, type of construction, and valuation, and related
26 information; the name and address of the policyholder and the
27 producer of record; all information relating to underlying
28 property coverages on the policyholder's property, including
29 the name and address of the underlying property insurer and
30 its agent of record and policy expirations; all information
31 generated in connection with applications for coverage; and
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1 all information included in underwriting files. However, the
2 policyholder shall have access to all of this information.
3 b. Claims files, until termination of all litigation
4 and settlement of all claims arising out of the same incident,
5 although portions of the claims files may remain exempt, as
6 otherwise provided by law. Confidential and exempt claims file
7 records may be released to other governmental agencies upon
8 written request and demonstration of need; such records held
9 by the receiving agency remain confidential and exempt as
10 provided for in this paragraph.
11 c. Records obtained or generated by an internal
12 auditor pursuant to a routine audit, until the audit is
13 completed, or if the audit is conducted as part of an
14 investigation, until the investigation is closed or ceases to
15 be active. An investigation is considered active while the
16 investigation is being conducted with a reasonable, good-
17 faith belief that it could lead to the filing of
18 administrative, civil, or criminal proceedings.
19 d. Matters reasonably encompassed in privileged
20 attorney-client communications.
21 e. All proprietary information and data, including
22 computer models, and all data, programs, or supporting
23 documentation that is a trade secret, as defined in s.
24 812.081, licensed or furnished to or used by the association
25 as part of a response to a request for proposals under
26 sub-subparagraph h. or under separate contract between the
27 owner and the association if such response or contract
28 provides for confidentiality.
29 f. All information relating to the medical condition
30 or medical status of an association employee which is not
31 relevant to the employee's capacity to perform his or her
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1 duties, except as otherwise provided in this paragraph.
2 Information that is exempt includes, but is not limited to,
3 information relating to workers' compensation, insurance
4 benefits, and retirement or disability benefits.
5 g. Upon an employee's entrance into the employee
6 assistance program or a program to assist any employee who has
7 a behavioral or medical disorder, substance-abuse problem, or
8 emotional difficulty that affects the employee's job
9 performance, all records relative to that participation,
10 except as otherwise provided in s. 112.0455(11).
11 h. When the association issues requests for proposals
12 from vendors to perform services as reinsurance
13 intermediaries, financial advisors, mapping experts, modelers,
14 financial managers, or other specialized professional
15 services, all responses to such requests, until the successful
16 vendor is selected.
17 2. When an authorized insurer is considering assuming
18 or taking out a risk insured by the association, relevant
19 underwriting files and confidential claims files may be
20 released to the insurer if the insurer or licensed agent
21 agrees in writing, notarized and under oath, to maintain the
22 confidentiality of such files. When a file is transferred to
23 an insurer or authorized agent that file is no longer a public
24 record because it is not held by an agency subject to the
25 provisions of the public records law.
26 3. The attendance at and participation in meetings,
27 negotiating sessions, presentations, conferences, and
28 promotional sessions by two or more members of the board of
29 directors of the association with lenders, rating agencies,
30 investors, underwriters, and government officials incident to
31 promoting, marketing, negotiating, or consummating a debt
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1 financing by the association are exempt from the provisions of
2 s. 286.011 and s. 24(b), Art. I of the State Constitution when
3 the debt financing has been approved by the board of directors
4 at a public meeting complying with the Sunshine Law.
5 4. The exemptions provided in this paragraph are
6 subject to the Open Government Sunset Review Act in accordance
7 with s. 119.15, and shall stand repealed on October 2, 2005,
8 unless reviewed and saved from repeal through reenactment by
9 the Legislature.
10 Section 2. The Legislature finds that it is a public
11 necessity that certain association records be held
12 confidential and exempt. Certain medical records of
13 association employees should be held confidential and exempt
14 because they contain personal, sensitive information regarding
15 an employee's medical condition the disclosure of which would
16 be harmful to the employee. Likewise appraisals, applications,
17 and other information relating to a propertyholder's property
18 and underwriting files contain information the disclosure of
19 which could be harmful to the policyholder. Additionally such
20 files contain proprietary confidential business information.
21 Accordingly, it is a public necessity that those files be
22 closed. Additionally, matters reasonably encompassed in
23 privileged attorney-client communications should be held
24 confidential and exempt because the release of such
25 information could jeopardize ongoing or pending litigation or
26 other business matters. Also, open claims files records should
27 be closed. If such records and meetings were not exempt,
28 claimants would have unfettered access to information held by
29 the association which could be used as evidence and for
30 purposes of negotiation, claim evaluation, and settlement
31 considerations, which would result in higher awards and
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1 settlements paid out by the association and ultimately the
2 consumer. Records held by an internal auditor while an audit
3 is incomplete or while an investigation is pending should be
4 held confidential and exempt because otherwise inaccurate
5 information would possibly be released or investigations
6 jeopardized. Finally, it is in the public interest and a
7 public necessity that attendance by the association's
8 directors at meetings and negotiations between members of the
9 association's board of directors and lenders, rating agencies,
10 underwriters, and government officials incidental to debt
11 financing by the association should be exempt from the public
12 meetings law when the debt financing has been approved at a
13 public meeting.
14 Section 3. This act shall take effect July 1, 2000.
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17 SENATE SUMMARY
18 Provides exemptions from the public records and public
meetings laws for specified records of the Florida
19 Windstorm Underwriting Association and meetings of its
board of directors. Provides for future review and
20 repeal. Provides a finding of public necessity.
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