Senate Bill sb2714c1

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    Florida Senate - 2006                           CS for SB 2714

    By the Committee on Governmental Oversight and Productivity;
    and Senator Klein




    585-2175-06

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; requiring an agency head who

  4         appoints a designee to act as a custodian of

  5         public records to provide notice to the public;

  6         requiring custodians of public records and

  7         their designees to respond to requests to

  8         inspect and copy public records promptly and in

  9         good faith; requiring custodians of public

10         records and their designees to respond to

11         requests to inspect and copy public records

12         during regular business hours; amending ss.

13         497.140, 627.311, and 627.351, F.S.; correcting

14         cross-references; 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)  Each agency head who appoints a designee to act as

28  a custodian of public records shall provide notice to the

29  public of such designation. Such notice shall contain the name

30  and title of the designee, and the designee's e-mail address,

31  office telephone number, and office mailing address. At a

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    Florida Senate - 2006                           CS for SB 2714
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 1  minimum, the notice shall be prominently posted in those

 2  portions of agency offices which are accessible to the public

 3  and, if the agency maintains an agency website, the notice

 4  shall be prominently displayed on the home page of such

 5  website and shall be made available by any employee who

 6  responds to telephone calls from the public. A person who is

 7  not a custodian of public records or appointed as the designee

 8  may not deny the existence of a public record or mislead

 9  anyone as to the existence of a public record.

10         (c)  A custodian of public records and his or her

11  designee must respond to requests to inspect or copy records

12  promptly and in good faith. A good-faith response includes

13  making reasonable efforts to determine from other officers or

14  employees whether such a record exists and, if so, the

15  location at which the record can be accessed.

16         (d)  A custodian of public records or his or her

17  designee shall be available to respond to requests to inspect

18  and copy public records during regular business hours for the

19  office having public records.

20         (e)(b)  A person who has custody of a public record who

21  asserts that an exemption applies to a part of such record

22  shall redact that portion of the record to which an exemption

23  has been asserted and validly applies, and such person shall

24  produce the remainder of such record for inspection and

25  copying.

26         (f)(c)  If the person who has custody of a public

27  record contends that all or part of the record is exempt from

28  inspection and copying, he or she shall state the basis of the

29  exemption that he or she contends is applicable to the record,

30  including the statutory citation to an exemption created or

31  afforded by statute.

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    Florida Senate - 2006                           CS for SB 2714
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 1         (g)(d)  If requested by the person seeking to inspect

 2  or copy the record, the custodian of public records shall

 3  state in writing and with particularity the reasons for the

 4  conclusion that the record is exempt or confidential.

 5         (h)(e)  In any civil action in which an exemption to

 6  this section is asserted, if the exemption is alleged to exist

 7  under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or

 8  (f), or (4)(c), the public record or part thereof in question

 9  shall be submitted to the court for an inspection in camera.

10  If an exemption is alleged to exist under or by virtue of s.

11  119.071(2)(c), an inspection in camera is discretionary with

12  the court. If the court finds that the asserted exemption is

13  not applicable, it shall order the public record or part

14  thereof in question to be immediately produced for inspection

15  or copying as requested by the person seeking such access.

16         (i)(f)  Even if an assertion is made by the custodian

17  of public records that a requested record is not a public

18  record subject to public inspection or copying under this

19  subsection, the requested record shall, nevertheless, not be

20  disposed of for a period of 30 days after the date on which a

21  written request to inspect or copy the record was served on or

22  otherwise made to the custodian of public records by the

23  person seeking access to the record. If a civil action is

24  instituted within the 30-day period to enforce the provisions

25  of this section with respect to the requested record, the

26  custodian of public records may not dispose of the record

27  except by order of a court of competent jurisdiction after

28  notice to all affected parties.

29         (j)(g)  The absence of a civil action instituted for

30  the purpose stated in paragraph (h) (e) does not relieve the

31  custodian of public records of the duty to maintain the record

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    Florida Senate - 2006                           CS for SB 2714
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 1  as a public record if the record is in fact a public record

 2  subject to public inspection and copying under this subsection

 3  and does not otherwise excuse or exonerate the custodian of

 4  public records from any unauthorized or unlawful disposition

 5  of such record.

 6         Section 2.  Subsection (5) of section 497.140, Florida

 7  Statutes, is amended to read:

 8         497.140  Fees.--

 9         (5)  The department shall charge a fee not to exceed

10  $25 for the certification of a public record. The fee shall be

11  determined by rule of the department. The department shall

12  assess a fee for duplication of a public record as provided in

13  s. 119.07(1)(a) and (e)(b).

14         Section 3.  Paragraph (b) of subsection (4) of section

15  627.311, Florida Statutes, is amended to read:

16         627.311  Joint underwriters and joint reinsurers;

17  public records and public meetings exemptions.--

18         (4)  The Florida Automobile Joint Underwriting

19  Association:

20         (b)  Shall keep portions of association meetings during

21  which confidential and exempt underwriting files or

22  confidential and exempt claims files are discussed exempt from

23  the provisions of s. 286.011 and s. 24(b), Art. I of the State

24  Constitution. All closed portions of association meetings

25  shall be recorded by a court reporter. The court reporter

26  shall record the times of commencement and termination of the

27  meeting, all discussion and proceedings, the names of all

28  persons present at any time, and the names of all persons

29  speaking. No portion of any closed meeting shall be off the

30  record. Subject to the provisions of this paragraph and s.

31  119.07(1)(e)-(g)(b)-(d), the court reporter's notes of any

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    Florida Senate - 2006                           CS for SB 2714
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 1  closed meeting shall be retained by the association for a

 2  minimum of 5 years. A copy of the transcript, less any

 3  confidential and exempt information, of any closed meeting

 4  during which confidential and exempt claims files are

 5  discussed shall become public as to individual claims files

 6  after settlement of that claim.

 7         Section 4.  Paragraph (n) of subsection (6) of section

 8  627.351, Florida Statutes, is amended to read:

 9         627.351  Insurance risk apportionment plans.--

10         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

11         (n)1.  The following records of the corporation are

12  confidential and exempt from the provisions of s. 119.07(1)

13  and s. 24(a), Art. I of the State Constitution:

14         a.  Underwriting files, except that a policyholder or

15  an applicant shall have access to his or her own underwriting

16  files.

17         b.  Claims files, until termination of all litigation

18  and settlement of all claims arising out of the same incident,

19  although portions of the claims files may remain exempt, as

20  otherwise provided by law. Confidential and exempt claims file

21  records may be released to other governmental agencies upon

22  written request and demonstration of need; such records held

23  by the receiving agency remain confidential and exempt as

24  provided for herein.

25         c.  Records obtained or generated by an internal

26  auditor pursuant to a routine audit, until the audit is

27  completed, or if the audit is conducted as part of an

28  investigation, until the investigation is closed or ceases to

29  be active. An investigation is considered "active" while the

30  investigation is being conducted with a reasonable, good faith

31  

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    Florida Senate - 2006                           CS for SB 2714
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 1  belief that it could lead to the filing of administrative,

 2  civil, or criminal proceedings.

 3         d.  Matters reasonably encompassed in privileged

 4  attorney-client communications.

 5         e.  Proprietary information licensed to the corporation

 6  under contract and the contract provides for the

 7  confidentiality of such proprietary information.

 8         f.  All information relating to the medical condition

 9  or medical status of a corporation employee which is not

10  relevant to the employee's capacity to perform his or her

11  duties, except as otherwise provided in this paragraph.

12  Information which is exempt shall include, but is not limited

13  to, information relating to workers' compensation, insurance

14  benefits, and retirement or disability benefits.

15         g.  Upon an employee's entrance into the employee

16  assistance program, a program to assist any employee who has a

17  behavioral or medical disorder, substance abuse problem, or

18  emotional difficulty which affects the employee's job

19  performance, all records relative to that participation shall

20  be confidential and exempt from the provisions of s. 119.07(1)

21  and s. 24(a), Art. I of the State Constitution, except as

22  otherwise provided in s. 112.0455(11).

23         h.  Information relating to negotiations for financing,

24  reinsurance, depopulation, or contractual services, until the

25  conclusion of the negotiations.

26         i.  Minutes of closed meetings regarding underwriting

27  files, and minutes of closed meetings regarding an open claims

28  file until termination of all litigation and settlement of all

29  claims with regard to that claim, except that information

30  otherwise confidential or exempt by law will be redacted.

31  

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    Florida Senate - 2006                           CS for SB 2714
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 1  When an authorized insurer is considering underwriting a risk

 2  insured by the corporation, relevant underwriting files and

 3  confidential claims files may be released to the insurer

 4  provided the insurer agrees in writing, notarized and under

 5  oath, to maintain the confidentiality of such files. When a

 6  file is transferred to an insurer that file is no longer a

 7  public record because it is not held by an agency subject to

 8  the provisions of the public records law. Underwriting files

 9  and confidential claims files may also be released to staff of

10  and the board of governors of the market assistance plan

11  established pursuant to s. 627.3515, who must retain the

12  confidentiality of such files, except such files may be

13  released to authorized insurers that are considering assuming

14  the risks to which the files apply, provided the insurer

15  agrees in writing, notarized and under oath, to maintain the

16  confidentiality of such files. Finally, the corporation or the

17  board or staff of the market assistance plan may make the

18  following information obtained from underwriting files and

19  confidential claims files available to licensed general lines

20  insurance agents: name, address, and telephone number of the

21  residential property owner or insured; location of the risk;

22  rating information; loss history; and policy type. The

23  receiving licensed general lines insurance agent must retain

24  the confidentiality of the information received.

25         2.  Portions of meetings of the corporation are exempt

26  from the provisions of s. 286.011 and s. 24(b), Art. I of the

27  State Constitution wherein confidential underwriting files or

28  confidential open claims files are discussed. All portions of

29  corporation meetings which are closed to the public shall be

30  recorded by a court reporter. The court reporter shall record

31  the times of commencement and termination of the meeting, all

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    Florida Senate - 2006                           CS for SB 2714
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 1  discussion and proceedings, the names of all persons present

 2  at any time, and the names of all persons speaking. No portion

 3  of any closed meeting shall be off the record. Subject to the

 4  provisions hereof and s. 119.07(1)(e)-(g)(b)-(d), the court

 5  reporter's notes of any closed meeting shall be retained by

 6  the corporation for a minimum of 5 years. A copy of the

 7  transcript, less any exempt matters, of any closed meeting

 8  wherein claims are discussed shall become public as to

 9  individual claims after settlement of the claim.

10         Section 5.  This act shall take effect July 1, 2006.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2714

14                                 

15  Requires each agency head who appoints a designee to act as a
    custodian of public records to provide notice to the public of
16  such designation. Requires such notice to provide specific
    contact information. Requires publication of such notice on
17  the Internet, if the agency maintains a web site, and also to
    post such notice in areas of the agency open to the public.
18  
    Requires a custodian or designee to respond to requests to
19  inspect or copy public records promptly and in good faith.

20  Requires a custodian or designee to be available to respond to
    requests to inspect or copy during regular business hours.
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