House Bill hb1103c1

    Florida House of Representatives - 2001             CS/HB 1103

        By the Committee on Insurance and Representative Gannon






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         records of insurers subject to delinquency

  5         proceedings; providing for future review and

  6         repeal; providing a finding of public

  7         necessity; providing a contingent effective

  8         date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  (1)  The following records, in whatever

13  form, of an insurer subject to delinquency proceedings

14  pursuant to chapter 631, Florida Statutes, made or received by

15  the Department of Insurance, acting as receiver pursuant to

16  chapter 631, Florida Statutes, or by a guaranty association

17  established pursuant to chapter 631, Florida Statutes, are

18  exempt from the provisions of s. 119.07(1), Florida Statutes,

19  and Section 24(a), Article I of the State Constitution:

20         (a)  Underwriting files of a type customarily

21  maintained by an insurer transacting lines of insurance

22  similar to those lines transacted by the insurer subject to

23  delinquency proceedings.

24         (b)  Records of the receiver, or a guaranty

25  association, of, or with respect to, the insurer that would be

26  privileged against discovery in the hands of the insurer under

27  Rule 1.280(b), Florida Rules of Civil Procedure, or other

28  applicable rule or law, but for the appointment of the

29  receiver.

30         (c)  All medical records.

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    Florida House of Representatives - 2001             CS/HB 1103

    200-560-01






  1         (d)  Nonmanagerial personnel and payroll records of the

  2  insurer.

  3         (e)  Claims information that identifies an insured or a

  4  claimant.

  5         (2)  This section is subject to the Open Government

  6  Sunset Review Act of 1995 in accordance with s. 119.15,

  7  Florida Statutes, and shall stand repealed on October 2, 2006,

  8  unless reviewed and saved from repeal through reenactment by

  9  the Legislature.

10         (3)  The Legislature finds that it is a public

11  necessity to protect certain records of an insurer subject to

12  delinquency proceedings from public disclosure, which

13  justifies exempting such records from the constitutional and

14  statutory provisions of this state favoring public disclosure.

15  These records include customary underwriting files, claims

16  files, and medical files of the insurer which contain

17  sensitive personal information regarding insured persons and

18  claimants. The records contain attorney work product and

19  information privileged under other applicable law. Disclosure

20  of information not otherwise available pursuant to the

21  applicable rules of civil procedure or privileged under other

22  applicable law puts the receiver and guaranty associations at

23  a disadvantage in legal proceedings which are intended to

24  maximize the value of the estate of a delinquent insurer and

25  thereby afford insured persons and creditors of the insurer

26  greater recoveries through delinquency proceedings. The

27  Legislature finds that making otherwise undiscoverable records

28  available to the public would prejudice claimants with legal

29  entitlement to proceeds of the receivership estate by

30  undermining the legitimate receivership function of maximizing

31  the value of the estate for the benefit of such claimants.

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    Florida House of Representatives - 2001             CS/HB 1103

    200-560-01






  1  Personnel and payroll records of nonmanagerial personnel of

  2  the insurer contain sensitive personal information that should

  3  be exempt from public disclosure.

  4         Section 2.  This act shall take effect October 1, 2001,

  5  if HB 1101 or similar legislation is adopted in the same

  6  legislative session or an extension thereof and becomes law.

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