House Bill hb0195

    Florida House of Representatives - 2002                 HB 195

        By 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 - 2002                 HB 195

    761-104A-02






  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  7  Florida Statutes, and shall stand repealed on October 2, 2007,

  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 exempt certain records of an insurer subject to

12  delinquency proceedings from public disclosure. These records

13  include customary underwriting files, claims files, and

14  medical files of the insurer which contain sensitive personal

15  information regarding insured persons and claimants. The

16  records contain attorney work product and information

17  privileged under other applicable law. Disclosure of

18  information not otherwise available pursuant to the applicable

19  rules of civil procedure or privileged under other applicable

20  law puts the receiver and guaranty associations at a

21  disadvantage in legal proceedings which are intended to

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

23  thereby afford insured persons and creditors of the insurer

24  greater recoveries through delinquency proceedings. The

25  Legislature finds that making otherwise undiscoverable records

26  available to the public would prejudice claimants with legal

27  entitlement to proceeds of the receivership estate by

28  undermining the legitimate receivership function of maximizing

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

30  Personnel and payroll records of nonmanagerial personnel of

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    Florida House of Representatives - 2002                 HB 195

    761-104A-02






  1  the insurer contain sensitive personal information that should

  2  be exempt from public disclosure.

  3         Section 2.  This act shall take effect October 1, 2002,

  4  if HB      or similar legislation is adopted in the same

  5  legislative session or an extension thereof and becomes law.

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  8                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
10    for records that come into the possession of the
      Department of Insurance during insurer receivership
11    proceedings. Provides for future review and repeal.

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CODING: Words stricken are deletions; words underlined are additions.