Senate Bill sb1760e2

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    SB 1760                                 Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; authorizing a custodian of public

  4         records to designate another officer or

  5         employee of the agency to permit the inspection

  6         and copying of public records; requiring that

  7         the designee be identified; requiring

  8         custodians of public records and their

  9         designees to respond to requests to inspect and

10         copy public records promptly and in good faith;

11         amending ss. 497.140, 627.311, and 627.351,

12         F.S.; conforming cross-references; providing an

13         effective date.

14  

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

16  

17         Section 1.  Subsection (1) of section 119.07, Florida

18  Statutes, is amended to read:

19         119.07  Inspection and copying of records;

20  photographing public records; fees; exemptions.--

21         (1)(a)  Every person who has custody of a public record

22  shall permit the record to be inspected and copied by any

23  person desiring to do so, at any reasonable time, under

24  reasonable conditions, and under supervision by the custodian

25  of the public records.

26         (b)  A custodian of public records or a person having

27  custody of public records may designate another officer or

28  employee of the agency to permit the inspection and copying of

29  public records, but must disclose the identity of the designee

30  to the person requesting to inspect or copy public records.

31  


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    SB 1760                                 Second Engrossed (ntc)



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

 2  designee must acknowledge requests to inspect or copy records

 3  promptly and respond to such requests in good faith. A good

 4  faith response includes making reasonable efforts to determine

 5  from other officers or employees within the agency whether

 6  such a record exists and, if so, the location at which the

 7  record can be accessed.

 8         (d)(b)  A person who has custody of a public record who

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

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

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

12  produce the remainder of such record for inspection and

13  copying.

14         (e)(c)  If the person who has custody of a public

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

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

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

18  including the statutory citation to an exemption created or

19  afforded by statute.

20         (f)(d)  If requested by the person seeking to inspect

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

22  state in writing and with particularity the reasons for the

23  conclusion that the record is exempt or confidential.

24         (g)(e)  In any civil action in which an exemption to

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

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

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

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

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

30  119.071(2)(c), an inspection in camera is discretionary with

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


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    SB 1760                                 Second Engrossed (ntc)



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

 2  thereof in question to be immediately produced for inspection

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

 4         (h)(f)  Even if an assertion is made by the custodian

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

 6  record subject to public inspection or copying under this

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

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

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

10  otherwise made to the custodian of public records by the

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

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

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

14  custodian of public records may not dispose of the record

15  except by order of a court of competent jurisdiction after

16  notice to all affected parties.

17         (i)(g)  The absence of a civil action instituted for

18  the purpose stated in paragraph (g)(e) does not relieve the

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

20  as a public record if the record is in fact a public record

21  subject to public inspection and copying under this subsection

22  and does not otherwise excuse or exonerate the custodian of

23  public records from any unauthorized or unlawful disposition

24  of such record.

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

26  Statutes, is amended to read:

27         497.140  Fees.--

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

29  $25 for the certification of a public record. The fee shall be

30  determined by rule of the department. The department shall

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    SB 1760                                 Second Engrossed (ntc)



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

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

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

 4  627.311, Florida Statutes, is amended to read:

 5         627.311  Joint underwriters and joint reinsurers;

 6  public records and public meetings exemptions.--

 7         (4)  The Florida Automobile Joint Underwriting

 8  Association:

 9         (b)  Shall keep portions of association meetings during

10  which confidential and exempt underwriting files or

11  confidential and exempt claims files are discussed exempt from

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

13  Constitution. All closed portions of association meetings

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

15  shall record the times of commencement and termination of the

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

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

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

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

20  119.07(1)(e)-(g) s. 119.07(1)(b)-(d), the court reporter's

21  notes of any closed meeting shall be retained by the

22  association for a minimum of 5 years. A copy of the

23  transcript, less any confidential and exempt information, of

24  any closed meeting during which confidential and exempt claims

25  files are discussed shall become public as to individual

26  claims files after settlement of that claim.

27         Section 4.  Paragraph (w) of subsection (6) of section

28  627.351, Florida Statutes, as amended by section 21 of chapter

29  2007-1, Laws of Florida, is amended to read:

30         627.351  Insurance risk apportionment plans.--

31         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--


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    SB 1760                                 Second Engrossed (ntc)



 1         (w)1.  The following records of the corporation are

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

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

 4         a.  Underwriting files, except that a policyholder or

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

 6  files.

 7         b.  Claims files, until termination of all litigation

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

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

10  otherwise provided by law. Confidential and exempt claims file

11  records may be released to other governmental agencies upon

12  written request and demonstration of need; such records held

13  by the receiving agency remain confidential and exempt as

14  provided for herein.

15         c.  Records obtained or generated by an internal

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

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

18  investigation, until the investigation is closed or ceases to

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

20  investigation is being conducted with a reasonable, good faith

21  belief that it could lead to the filing of administrative,

22  civil, or criminal proceedings.

23         d.  Matters reasonably encompassed in privileged

24  attorney-client communications.

25         e.  Proprietary information licensed to the corporation

26  under contract and the contract provides for the

27  confidentiality of such proprietary information.

28         f.  All information relating to the medical condition

29  or medical status of a corporation employee which is not

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

31  duties, except as otherwise provided in this paragraph.


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    SB 1760                                 Second Engrossed (ntc)



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

 2  to, information relating to workers' compensation, insurance

 3  benefits, and retirement or disability benefits.

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

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

 6  behavioral or medical disorder, substance abuse problem, or

 7  emotional difficulty which affects the employee's job

 8  performance, all records relative to that participation shall

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

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

11  otherwise provided in s. 112.0455(11).

12         h.  Information relating to negotiations for financing,

13  reinsurance, depopulation, or contractual services, until the

14  conclusion of the negotiations.

15         i.  Minutes of closed meetings regarding underwriting

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

17  file until termination of all litigation and settlement of all

18  claims with regard to that claim, except that information

19  otherwise confidential or exempt by law will be redacted.

20  

21  When an authorized insurer is considering underwriting a risk

22  insured by the corporation, relevant underwriting files and

23  confidential claims files may be released to the insurer

24  provided the insurer agrees in writing, notarized and under

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

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

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

28  the provisions of the public records law. Underwriting files

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

30  and the board of governors of the market assistance plan

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


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    SB 1760                                 Second Engrossed (ntc)



 1  confidentiality of such files, except such files may be

 2  released to authorized insurers that are considering assuming

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

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

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

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

 7  following information obtained from underwriting files and

 8  confidential claims files available to licensed general lines

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

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

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

12  receiving licensed general lines insurance agent must retain

13  the confidentiality of the information received.

14         2.  Portions of meetings of the corporation are exempt

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

16  State Constitution wherein confidential underwriting files or

17  confidential open claims files are discussed. All portions of

18  corporation meetings which are closed to the public shall be

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

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

21  discussion and proceedings, the names of all persons present

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

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

24  provisions hereof and s. 119.07(1)(e)-(g) s. 119.07(1)(b)-(d),

25  the court reporter's notes of any closed meeting shall be

26  retained by the corporation for a minimum of 5 years. A copy

27  of the transcript, less any exempt matters, of any closed

28  meeting wherein claims are discussed shall become public as to

29  individual claims after settlement of the claim.

30         Section 5.  This act shall take effect July 1, 2007.

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