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.

15  

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

17  

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
    30-1628-06                                              See HB




 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
    30-1628-06                                              See HB




 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.

17  

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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