Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2714
                        Barcode 191056
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/04/2006 07:59 PM         .                    
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11  The Committee on Governmental Oversight and Productivity
12  (Margolis) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, line 27, through
16            page 7, line 21, delete those lines
17  
18  and insert:  
19         (b)  Each agency head who appoints a designee to act as
20  a custodian of public records shall provide notice to the
21  public of such designation. Such notice shall contain the name
22  and title of the designee, and the designee's e-mail address,
23  office telephone number, and office mailing address. At a
24  minimum, the notice shall be prominently posted in those
25  portions of agency offices which are accessible to the public
26  and, if the agency maintains an agency website, the notice
27  shall be prominently displayed on the home page of such
28  website and shall be made available by any employee who
29  responds to telephone calls from the public. A person who is
30  not a custodian of public records or appointed as the designee
31  may not deny the existence of a public record or mislead
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    12:49 PM   04/03/06                            s2714c-go35-t01

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 anyone as to the existence of a public record. 2 (c) A custodian of public records and his or her 3 designee must respond to requests to inspect or copy records 4 promptly and in good faith. A good-faith response includes 5 making reasonable efforts to determine from other officers or 6 employees whether such a record exists and, if so, the 7 location at which the record can be accessed. 8 (d) A custodian of public records or his or her 9 designee shall be available to respond to requests to inspect 10 and copy public records during regular business hours for the 11 office having public records. 12 (e)(b) A person who has custody of a public record who 13 asserts that an exemption applies to a part of such record 14 shall redact that portion of the record to which an exemption 15 has been asserted and validly applies, and such person shall 16 produce the remainder of such record for inspection and 17 copying. 18 (f)(c) If the person who has custody of a public 19 record contends that all or part of the record is exempt from 20 inspection and copying, he or she shall state the basis of the 21 exemption that he or she contends is applicable to the record, 22 including the statutory citation to an exemption created or 23 afforded by statute. 24 (g)(d) If requested by the person seeking to inspect 25 or copy the record, the custodian of public records shall 26 state in writing and with particularity the reasons for the 27 conclusion that the record is exempt or confidential. 28 (h)(e) In any civil action in which an exemption to 29 this section is asserted, if the exemption is alleged to exist 30 under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or 31 (f), or (4)(c), the public record or part thereof in question 2 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 shall be submitted to the court for an inspection in camera. 2 If an exemption is alleged to exist under or by virtue of s. 3 119.071(2)(c), an inspection in camera is discretionary with 4 the court. If the court finds that the asserted exemption is 5 not applicable, it shall order the public record or part 6 thereof in question to be immediately produced for inspection 7 or copying as requested by the person seeking such access. 8 (i)(f) Even if an assertion is made by the custodian 9 of public records that a requested record is not a public 10 record subject to public inspection or copying under this 11 subsection, the requested record shall, nevertheless, not be 12 disposed of for a period of 30 days after the date on which a 13 written request to inspect or copy the record was served on or 14 otherwise made to the custodian of public records by the 15 person seeking access to the record. If a civil action is 16 instituted within the 30-day period to enforce the provisions 17 of this section with respect to the requested record, the 18 custodian of public records may not dispose of the record 19 except by order of a court of competent jurisdiction after 20 notice to all affected parties. 21 (j)(g) The absence of a civil action instituted for 22 the purpose stated in paragraph (h) (e) does not relieve the 23 custodian of public records of the duty to maintain the record 24 as a public record if the record is in fact a public record 25 subject to public inspection and copying under this subsection 26 and does not otherwise excuse or exonerate the custodian of 27 public records from any unauthorized or unlawful disposition 28 of such record. 29 Section 2. Subsection (5) of section 497.140, Florida 30 Statutes, is amended to read: 31 497.140 Fees.-- 3 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 (5) The department shall charge a fee not to exceed 2 $25 for the certification of a public record. The fee shall be 3 determined by rule of the department. The department shall 4 assess a fee for duplication of a public record as provided in 5 s. 119.07(1)(a) and (e)(b). 6 Section 3. Paragraph (b) of subsection (4) of section 7 627.311, Florida Statutes, is amended to read: 8 627.311 Joint underwriters and joint reinsurers; 9 public records and public meetings exemptions.-- 10 (4) The Florida Automobile Joint Underwriting 11 Association: 12 (b) Shall keep portions of association meetings during 13 which confidential and exempt underwriting files or 14 confidential and exempt claims files are discussed exempt from 15 the provisions of s. 286.011 and s. 24(b), Art. I of the State 16 Constitution. All closed portions of association meetings 17 shall be recorded by a court reporter. The court reporter 18 shall record the times of commencement and termination of the 19 meeting, all discussion and proceedings, the names of all 20 persons present at any time, and the names of all persons 21 speaking. No portion of any closed meeting shall be off the 22 record. Subject to the provisions of this paragraph and s. 23 119.07(1)(e)-(g)(b)-(d), the court reporter's notes of any 24 closed meeting shall be retained by the association for a 25 minimum of 5 years. A copy of the transcript, less any 26 confidential and exempt information, of any closed meeting 27 during which confidential and exempt claims files are 28 discussed shall become public as to individual claims files 29 after settlement of that claim. 30 Section 4. Paragraph (n) of subsection (6) of section 31 627.351, Florida Statutes, is amended to read: 4 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 627.351 Insurance risk apportionment plans.-- 2 (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- 3 (n)1. The following records of the corporation are 4 confidential and exempt from the provisions of s. 119.07(1) 5 and s. 24(a), Art. I of the State Constitution: 6 a. Underwriting files, except that a policyholder or 7 an applicant shall have access to his or her own underwriting 8 files. 9 b. Claims files, until termination of all litigation 10 and settlement of all claims arising out of the same incident, 11 although portions of the claims files may remain exempt, as 12 otherwise provided by law. Confidential and exempt claims file 13 records may be released to other governmental agencies upon 14 written request and demonstration of need; such records held 15 by the receiving agency remain confidential and exempt as 16 provided for herein. 17 c. Records obtained or generated by an internal 18 auditor pursuant to a routine audit, until the audit is 19 completed, or if the audit is conducted as part of an 20 investigation, until the investigation is closed or ceases to 21 be active. An investigation is considered "active" while the 22 investigation is being conducted with a reasonable, good faith 23 belief that it could lead to the filing of administrative, 24 civil, or criminal proceedings. 25 d. Matters reasonably encompassed in privileged 26 attorney-client communications. 27 e. Proprietary information licensed to the corporation 28 under contract and the contract provides for the 29 confidentiality of such proprietary information. 30 f. All information relating to the medical condition 31 or medical status of a corporation employee which is not 5 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 relevant to the employee's capacity to perform his or her 2 duties, except as otherwise provided in this paragraph. 3 Information which is exempt shall include, but is not limited 4 to, information relating to workers' compensation, insurance 5 benefits, and retirement or disability benefits. 6 g. Upon an employee's entrance into the employee 7 assistance program, a program to assist any employee who has a 8 behavioral or medical disorder, substance abuse problem, or 9 emotional difficulty which affects the employee's job 10 performance, all records relative to that participation shall 11 be confidential and exempt from the provisions of s. 119.07(1) 12 and s. 24(a), Art. I of the State Constitution, except as 13 otherwise provided in s. 112.0455(11). 14 h. Information relating to negotiations for financing, 15 reinsurance, depopulation, or contractual services, until the 16 conclusion of the negotiations. 17 i. Minutes of closed meetings regarding underwriting 18 files, and minutes of closed meetings regarding an open claims 19 file until termination of all litigation and settlement of all 20 claims with regard to that claim, except that information 21 otherwise confidential or exempt by law will be redacted. 22 23 When an authorized insurer is considering underwriting a risk 24 insured by the corporation, relevant underwriting files and 25 confidential claims files may be released to the insurer 26 provided the insurer agrees in writing, notarized and under 27 oath, to maintain the confidentiality of such files. When a 28 file is transferred to an insurer that file is no longer a 29 public record because it is not held by an agency subject to 30 the provisions of the public records law. Underwriting files 31 and confidential claims files may also be released to staff of 6 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 and the board of governors of the market assistance plan 2 established pursuant to s. 627.3515, who must retain the 3 confidentiality of such files, except such files may be 4 released to authorized insurers that are considering assuming 5 the risks to which the files apply, provided the insurer 6 agrees in writing, notarized and under oath, to maintain the 7 confidentiality of such files. Finally, the corporation or the 8 board or staff of the market assistance plan may make the 9 following information obtained from underwriting files and 10 confidential claims files available to licensed general lines 11 insurance agents: name, address, and telephone number of the 12 residential property owner or insured; location of the risk; 13 rating information; loss history; and policy type. The 14 receiving licensed general lines insurance agent must retain 15 the confidentiality of the information received. 16 2. Portions of meetings of the corporation are exempt 17 from the provisions of s. 286.011 and s. 24(b), Art. I of the 18 State Constitution wherein confidential underwriting files or 19 confidential open claims files are discussed. All portions of 20 corporation meetings which are closed to the public shall be 21 recorded by a court reporter. The court reporter shall record 22 the times of commencement and termination of the meeting, all 23 discussion and proceedings, the names of all persons present 24 at any time, and the names of all persons speaking. No portion 25 of any closed meeting shall be off the record. Subject to the 26 provisions hereof and s. 119.07(1)(e)-(g)(b)-(d), the court 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 1, lines 3-12, delete those lines 7 12:49 PM 04/03/06 s2714c-go35-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2714 Barcode 191056 1 and insert: 2 119.07, F.S.; requiring an agency head who 3 appoints a designee to act as a custodian of 4 public records to provide notice to the public; 5 requiring custodians of public records and 6 their designees to respond to requests to 7 inspect and copy public records promptly and in 8 good faith; requiring custodians of public 9 records and their designees to respond to 10 requests to inspect and copy public records 11 during regular business hours; amending ss. 12 497.140, 627.311, and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 12:49 PM 04/03/06 s2714c-go35-t01