Senate Bill sb2714
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Florida Senate - 2006 SB 2714
By Senator Klein
30-1628-06 See HB
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing that a custodian of a
4 public record or an agency head may designate
5 another officer or employee of the agency to
6 permit the inspection and copying of public
7 records; providing that the identity of the
8 designee must be disclosed to the public;
9 requiring custodians of public records and
10 their designees to respond to requests to
11 inspect and copy public records promptly and in
12 good faith; amending ss. 497.140, 627.311, and
13 627.351, F.S.; correcting cross-references;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsection (1) of section 119.07, Florida
19 Statutes, is amended to read:
20 119.07 Inspection and copying of records;
21 photographing public records; fees; exemptions.--
22 (1)(a) Every person who has custody of a public record
23 shall permit the record to be inspected and copied by any
24 person desiring to do so, at any reasonable time, under
25 reasonable conditions, and under supervision by the custodian
26 of the public records.
27 (b) A person who has custody of a public record or an
28 agency head may designate another officer or employee of the
29 agency to permit the inspection and copying of public records
30 but must disclose to the public the identity of the designee
31 who has been assigned to respond to public records requests.
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Florida Senate - 2006 SB 2714
30-1628-06 See HB
1 (c) Custodians of public records and their designees
2 must respond to requests to inspect and copy records promptly
3 and in good faith. A good faith response includes making
4 reasonable efforts to determine from other officers or
5 employees whether such a record exists and, if so, the
6 location at which the record can be accessed.
7 (d)(b) A person who has custody of a public record who
8 asserts that an exemption applies to a part of such record
9 shall redact that portion of the record to which an exemption
10 has been asserted and validly applies, and such person shall
11 produce the remainder of such record for inspection and
12 copying.
13 (e)(c) If the person who has custody of a public
14 record contends that all or part of the record is exempt from
15 inspection and copying, he or she shall state the basis of the
16 exemption that he or she contends is applicable to the record,
17 including the statutory citation to an exemption created or
18 afforded by statute.
19 (f)(d) If requested by the person seeking to inspect
20 or copy the record, the custodian of public records shall
21 state in writing and with particularity the reasons for the
22 conclusion that the record is exempt or confidential.
23 (g)(e) In any civil action in which an exemption to
24 this section is asserted, if the exemption is alleged to exist
25 under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or
26 (f), or (4)(c), the public record or part thereof in question
27 shall be submitted to the court for an inspection in camera.
28 If an exemption is alleged to exist under or by virtue of s.
29 119.071(2)(c), an inspection in camera is discretionary with
30 the court. If the court finds that the asserted exemption is
31 not applicable, it shall order the public record or part
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Florida Senate - 2006 SB 2714
30-1628-06 See HB
1 thereof in question to be immediately produced for inspection
2 or copying as requested by the person seeking such access.
3 (h)(f) Even if an assertion is made by the custodian
4 of public records that a requested record is not a public
5 record subject to public inspection or copying under this
6 subsection, the requested record shall, nevertheless, not be
7 disposed of for a period of 30 days after the date on which a
8 written request to inspect or copy the record was served on or
9 otherwise made to the custodian of public records by the
10 person seeking access to the record. If a civil action is
11 instituted within the 30-day period to enforce the provisions
12 of this section with respect to the requested record, the
13 custodian of public records may not dispose of the record
14 except by order of a court of competent jurisdiction after
15 notice to all affected parties.
16 (i)(g) The absence of a civil action instituted for
17 the purpose stated in paragraph (g) (e) does not relieve the
18 custodian of public records of the duty to maintain the record
19 as a public record if the record is in fact a public record
20 subject to public inspection and copying under this subsection
21 and does not otherwise excuse or exonerate the custodian of
22 public records from any unauthorized or unlawful disposition
23 of such record.
24 Section 2. Subsection (5) of section 497.140, Florida
25 Statutes, is amended to read:
26 497.140 Fees.--
27 (5) The department shall charge a fee not to exceed
28 $25 for the certification of a public record. The fee shall be
29 determined by rule of the department. The department shall
30 assess a fee for duplication of a public record as provided in
31 s. 119.07(1)(a) and (d)(b).
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Florida Senate - 2006 SB 2714
30-1628-06 See HB
1 Section 3. Paragraph (b) of subsection (4) of section
2 627.311, Florida Statutes, is amended to read:
3 627.311 Joint underwriters and joint reinsurers;
4 public records and public meetings exemptions.--
5 (4) The Florida Automobile Joint Underwriting
6 Association:
7 (b) Shall keep portions of association meetings during
8 which confidential and exempt underwriting files or
9 confidential and exempt claims files are discussed exempt from
10 the provisions of s. 286.011 and s. 24(b), Art. I of the State
11 Constitution. All closed portions of association meetings
12 shall be recorded by a court reporter. The court reporter
13 shall record the times of commencement and termination of the
14 meeting, all discussion and proceedings, the names of all
15 persons present at any time, and the names of all persons
16 speaking. No portion of any closed meeting shall be off the
17 record. Subject to the provisions of this paragraph and s.
18 119.07(1)(d)-(f)(b)-(d), the court reporter's notes of any
19 closed meeting shall be retained by the association for a
20 minimum of 5 years. A copy of the transcript, less any
21 confidential and exempt information, of any closed meeting
22 during which confidential and exempt claims files are
23 discussed shall become public as to individual claims files
24 after settlement of that claim.
25 Section 4. Paragraph (n) of subsection (6) of section
26 627.351, Florida Statutes, is amended to read:
27 627.351 Insurance risk apportionment plans.--
28 (6) CITIZENS PROPERTY INSURANCE CORPORATION.--
29 (n)1. The following records of the corporation are
30 confidential and exempt from the provisions of s. 119.07(1)
31 and s. 24(a), Art. I of the State Constitution:
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Florida Senate - 2006 SB 2714
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1 a. Underwriting files, except that a policyholder or
2 an applicant shall have access to his or her own underwriting
3 files.
4 b. Claims files, until termination of all litigation
5 and settlement of all claims arising out of the same incident,
6 although portions of the claims files may remain exempt, as
7 otherwise provided by law. Confidential and exempt claims file
8 records may be released to other governmental agencies upon
9 written request and demonstration of need; such records held
10 by the receiving agency remain confidential and exempt as
11 provided for herein.
12 c. Records obtained or generated by an internal
13 auditor pursuant to a routine audit, until the audit is
14 completed, or if the audit is conducted as part of an
15 investigation, until the investigation is closed or ceases to
16 be active. An investigation is considered "active" while the
17 investigation is being conducted with a reasonable, good faith
18 belief that it could lead to the filing of administrative,
19 civil, or criminal proceedings.
20 d. Matters reasonably encompassed in privileged
21 attorney-client communications.
22 e. Proprietary information licensed to the corporation
23 under contract and the contract provides for the
24 confidentiality of such proprietary information.
25 f. All information relating to the medical condition
26 or medical status of a corporation employee which is not
27 relevant to the employee's capacity to perform his or her
28 duties, except as otherwise provided in this paragraph.
29 Information which is exempt shall include, but is not limited
30 to, information relating to workers' compensation, insurance
31 benefits, and retirement or disability benefits.
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Florida Senate - 2006 SB 2714
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1 g. Upon an employee's entrance into the employee
2 assistance program, a program to assist any employee who has a
3 behavioral or medical disorder, substance abuse problem, or
4 emotional difficulty which affects the employee's job
5 performance, all records relative to that participation shall
6 be confidential and exempt from the provisions of s. 119.07(1)
7 and s. 24(a), Art. I of the State Constitution, except as
8 otherwise provided in s. 112.0455(11).
9 h. Information relating to negotiations for financing,
10 reinsurance, depopulation, or contractual services, until the
11 conclusion of the negotiations.
12 i. Minutes of closed meetings regarding underwriting
13 files, and minutes of closed meetings regarding an open claims
14 file until termination of all litigation and settlement of all
15 claims with regard to that claim, except that information
16 otherwise confidential or exempt by law will be redacted.
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18 When an authorized insurer is considering underwriting a risk
19 insured by the corporation, relevant underwriting files and
20 confidential claims files may be released to the insurer
21 provided the insurer agrees in writing, notarized and under
22 oath, to maintain the confidentiality of such files. When a
23 file is transferred to an insurer that file is no longer a
24 public record because it is not held by an agency subject to
25 the provisions of the public records law. Underwriting files
26 and confidential claims files may also be released to staff of
27 and the board of governors of the market assistance plan
28 established pursuant to s. 627.3515, who must retain the
29 confidentiality of such files, except such files may be
30 released to authorized insurers that are considering assuming
31 the risks to which the files apply, provided the insurer
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Florida Senate - 2006 SB 2714
30-1628-06 See HB
1 agrees in writing, notarized and under oath, to maintain the
2 confidentiality of such files. Finally, the corporation or the
3 board or staff of the market assistance plan may make the
4 following information obtained from underwriting files and
5 confidential claims files available to licensed general lines
6 insurance agents: name, address, and telephone number of the
7 residential property owner or insured; location of the risk;
8 rating information; loss history; and policy type. The
9 receiving licensed general lines insurance agent must retain
10 the confidentiality of the information received.
11 2. Portions of meetings of the corporation are exempt
12 from the provisions of s. 286.011 and s. 24(b), Art. I of the
13 State Constitution wherein confidential underwriting files or
14 confidential open claims files are discussed. All portions of
15 corporation meetings which are closed to the public shall be
16 recorded by a court reporter. The court reporter shall record
17 the times of commencement and termination of the meeting, all
18 discussion and proceedings, the names of all persons present
19 at any time, and the names of all persons speaking. No portion
20 of any closed meeting shall be off the record. Subject to the
21 provisions hereof and s. 119.07(1)(d)-(f)(b)-(d), the court
22 reporter's notes of any closed meeting shall be retained by
23 the corporation for a minimum of 5 years. A copy of the
24 transcript, less any exempt matters, of any closed meeting
25 wherein claims are discussed shall become public as to
26 individual claims after settlement of the claim.
27 Section 5. This act shall take effect July 1, 2006.
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