HB 1097

1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; providing that a custodian of a public record or an
4	agency head may designate another officer or employee of
5	the agency to permit the inspection and copying of public
6	records; providing that the identity of the designee must
7	be disclosed to the public; requiring custodians of public
8	records and their designees to respond to requests to
9	inspect and copy public records promptly and in good
10	faith; amending ss. 497.140, 627.311, and 627.351, F.S.;
11	correcting cross-references; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (1) of section 119.07, Florida
16	Statutes, is amended to read:
17	119.07  Inspection and copying of records; photographing
18	public records; fees; exemptions.--
19	(1)(a)  Every person who has custody of a public record
20	shall permit the record to be inspected and copied by any person
21	desiring to do so, at any reasonable time, under reasonable
22	conditions, and under supervision by the custodian of the public
23	records.
24	(b)  A person who has custody of a public record or an
25	agency head may designate another officer or employee of the
26	agency to permit the inspection and copying of public records
27	but must disclose to the public the identity of the designee who
28	has been assigned to respond to public records requests.
29	(c)  Custodians of public records and their designees must
30	respond to requests to inspect and copy records promptly and in
31	good faith. A good faith response includes making reasonable
32	efforts to determine from other officers or employees whether
33	such a record exists and, if so, the location at which the
34	record can be accessed.
35	(d)(b)  A person who has custody of a public record who
36	asserts that an exemption applies to a part of such record shall
37	redact that portion of the record to which an exemption has been
38	asserted and validly applies, and such person shall produce the
39	remainder of such record for inspection and copying.
40	(e)(c)  If the person who has custody of a public record
41	contends that all or part of the record is exempt from
42	inspection and copying, he or she shall state the basis of the
43	exemption that he or she contends is applicable to the record,
44	including the statutory citation to an exemption created or
45	afforded by statute.
46	(f)(d)  If requested by the person seeking to inspect or
47	copy the record, the custodian of public records shall state in
48	writing and with particularity the reasons for the conclusion
49	that the record is exempt or confidential.
50	(g)(e)  In any civil action in which an exemption to this
51	section is asserted, if the exemption is alleged to exist under
52	or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or
53	(4)(c), the public record or part thereof in question shall be
54	submitted to the court for an inspection in camera. If an
55	exemption is alleged to exist under or by virtue of s.
56	119.071(2)(c), an inspection in camera is discretionary with the
57	court. If the court finds that the asserted exemption is not
58	applicable, it shall order the public record or part thereof in
59	question to be immediately produced for inspection or copying as
60	requested by the person seeking such access.
61	(h)(f)  Even if an assertion is made by the custodian of
62	public records that a requested record is not a public record
63	subject to public inspection or copying under this subsection,
64	the requested record shall, nevertheless, not be disposed of for
65	a period of 30 days after the date on which a written request to
66	inspect or copy the record was served on or otherwise made to
67	the custodian of public records by the person seeking access to
68	the record. If a civil action is instituted within the 30-day
69	period to enforce the provisions of this section with respect to
70	the requested record, the custodian of public records may not
71	dispose of the record except by order of a court of competent
72	jurisdiction after notice to all affected parties.
73	(i)(g)  The absence of a civil action instituted for the
74	purpose stated in paragraph (g) (e) does not relieve the
75	custodian of public records of the duty to maintain the record
76	as a public record if the record is in fact a public record
77	subject to public inspection and copying under this subsection
78	and does not otherwise excuse or exonerate the custodian of
79	public records from any unauthorized or unlawful disposition of
80	such record.
81	Section 2.  Subsection (5) of section 497.140, Florida
82	Statutes, is amended to read:
83	497.140  Fees.--
84	(5)  The department shall charge a fee not to exceed $25
85	for the certification of a public record. The fee shall be
86	determined by rule of the department. The department shall
87	assess a fee for duplication of a public record as provided in
88	s. 119.07(1)(a) and (d)(b).
89	Section 3.  Paragraph (b) of subsection (4) of section
90	627.311, Florida Statutes, is amended to read:
91	627.311  Joint underwriters and joint reinsurers; public
92	records and public meetings exemptions.--
93	(4)  The Florida Automobile Joint Underwriting Association:
94	(b)  Shall keep portions of association meetings during
95	which confidential and exempt underwriting files or confidential
96	and exempt claims files are discussed exempt from the provisions
97	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
98	All closed portions of association meetings shall be recorded by
99	a court reporter. The court reporter shall record the times of
100	commencement and termination of the meeting, all discussion and
101	proceedings, the names of all persons present at any time, and
102	the names of all persons speaking. No portion of any closed
103	meeting shall be off the record. Subject to the provisions of
104	this paragraph and s. 119.07(1)(d)-(f)(b)-(d), the court
105	reporter's notes of any closed meeting shall be retained by the
106	association for a minimum of 5 years. A copy of the transcript,
107	less any confidential and exempt information, of any closed
108	meeting during which confidential and exempt claims files are
109	discussed shall become public as to individual claims files
110	after settlement of that claim.
111	Section 4.  Paragraph (n) of subsection (6) of section
112	627.351, Florida Statutes, is amended to read:
113	627.351  Insurance risk apportionment plans.--
114	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
115	(n)1.  The following records of the corporation are
116	confidential and exempt from the provisions of s. 119.07(1) and
117	s. 24(a), Art. I of the State Constitution:
118	a.  Underwriting files, except that a policyholder or an
119	applicant shall have access to his or her own underwriting
120	files.
121	b.  Claims files, until termination of all litigation and
122	settlement of all claims arising out of the same incident,
123	although portions of the claims files may remain exempt, as
124	otherwise provided by law. Confidential and exempt claims file
125	records may be released to other governmental agencies upon
126	written request and demonstration of need; such records held by
127	the receiving agency remain confidential and exempt as provided
128	for herein.
129	c.  Records obtained or generated by an internal auditor
130	pursuant to a routine audit, until the audit is completed, or if
131	the audit is conducted as part of an investigation, until the
132	investigation is closed or ceases to be active. An investigation
133	is considered "active" while the investigation is being
134	conducted with a reasonable, good faith belief that it could
135	lead to the filing of administrative, civil, or criminal
136	proceedings.
137	d.  Matters reasonably encompassed in privileged attorney-
138	client communications.
139	e.  Proprietary information licensed to the corporation
140	under contract and the contract provides for the confidentiality
141	of such proprietary information.
142	f.  All information relating to the medical condition or
143	medical status of a corporation employee which is not relevant
144	to the employee's capacity to perform his or her duties, except
145	as otherwise provided in this paragraph. Information which is
146	exempt shall include, but is not limited to, information
147	relating to workers' compensation, insurance benefits, and
148	retirement or disability benefits.
149	g.  Upon an employee's entrance into the employee
150	assistance program, a program to assist any employee who has a
151	behavioral or medical disorder, substance abuse problem, or
152	emotional difficulty which affects the employee's job
153	performance, all records relative to that participation shall be
154	confidential and exempt from the provisions of s. 119.07(1) and
155	s. 24(a), Art. I of the State Constitution, except as otherwise
156	provided in s. 112.0455(11).
157	h.  Information relating to negotiations for financing,
158	reinsurance, depopulation, or contractual services, until the
159	conclusion of the negotiations.
160	i.  Minutes of closed meetings regarding underwriting
161	files, and minutes of closed meetings regarding an open claims
162	file until termination of all litigation and settlement of all
163	claims with regard to that claim, except that information
164	otherwise confidential or exempt by law will be redacted.
165
166	When an authorized insurer is considering underwriting a risk
167	insured by the corporation, relevant underwriting files and
168	confidential claims files may be released to the insurer
169	provided the insurer agrees in writing, notarized and under
170	oath, to maintain the confidentiality of such files. When a file
171	is transferred to an insurer that file is no longer a public
172	record because it is not held by an agency subject to the
173	provisions of the public records law. Underwriting files and
174	confidential claims files may also be released to staff of and
175	the board of governors of the market assistance plan established
176	pursuant to s. 627.3515, who must retain the confidentiality of
177	such files, except such files may be released to authorized
178	insurers that are considering assuming the risks to which the
179	files apply, provided the insurer agrees in writing, notarized
180	and under oath, to maintain the confidentiality of such files.
181	Finally, the corporation or the board or staff of the market
182	assistance plan may make the following information obtained from
183	underwriting files and confidential claims files available to
184	licensed general lines insurance agents: name, address, and
185	telephone number of the residential property owner or insured;
186	location of the risk; rating information; loss history; and
187	policy type. The receiving licensed general lines insurance
188	agent must retain the confidentiality of the information
189	received.
190	2.  Portions of meetings of the corporation are exempt from
191	the provisions of s. 286.011 and s. 24(b), Art. I of the State
192	Constitution wherein confidential underwriting files or
193	confidential open claims files are discussed. All portions of
194	corporation meetings which are closed to the public shall be
195	recorded by a court reporter. The court reporter shall record
196	the times of commencement and termination of the meeting, all
197	discussion and proceedings, the names of all persons present at
198	any time, and the names of all persons speaking. No portion of
199	any closed meeting shall be off the record. Subject to the
200	provisions hereof and s. 119.07(1)(d)-(f)(b)-(d), the court
201	reporter's notes of any closed meeting shall be retained by the
202	corporation for a minimum of 5 years. A copy of the transcript,
203	less any exempt matters, of any closed meeting wherein claims
204	are discussed shall become public as to individual claims after
205	settlement of the claim.
206	Section 5.  This act shall take effect July 1, 2006.

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