Senate Bill sb1850

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    Florida Senate - 2007                                  SB 1850

    By the Committee on Banking and Insurance





    597-1873-07

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         624.319, F.S., relating to workpapers held by

  5         the Department of Financial Services or the

  6         Office of Insurance Regulation; limiting the

  7         conditions under which workpapers and other

  8         information related to an investigation or

  9         examination are exempt from public-records

10         requirements; reorganizing the provisions

11         related to the public-records exemption for

12         examination reports, investigation reports,

13         workpapers, and other information held by the

14         department or office for purposes of clarity

15         and consistency; saving the exemption from

16         repeal under the Open Government Sunset Review

17         Act; deleting provisions that provide for the

18         repeal of the exemption; providing an effective

19         date.

20  

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

22  

23         Section 1.  Subsection (3) of section 624.319, Florida

24  Statutes, is amended to read:

25         624.319  Examination and investigation reports.--

26         (3)(a)  The following information is confidential and

27  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution:

29         1.  Examination reports, until filed.

30         2.  Investigation reports, Examination reports, until

31  filed, are confidential and exempt from the provisions of s.

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    Florida Senate - 2007                                  SB 1850
    597-1873-07




 1  119.07(1). Investigation reports are confidential and exempt

 2  from the provisions of s. 119.07(1) until the investigation is

 3  completed or ceases to be active.  For purposes of this

 4  subsection, an investigation is active while it is being

 5  conducted by the department or office with a reasonable, good

 6  faith belief that it could lead to the filing of

 7  administrative, civil, or criminal proceedings.  An

 8  investigation does not cease to be active if the department or

 9  office is proceeding with reasonable dispatch and has a good

10  faith belief that action could be initiated by the department

11  or office or other administrative or law enforcement agency.

12         3.  Workpapers or other information prepared by, or

13  provided for the use of, the department or office in the

14  performance of its examination or investigation duties

15  pursuant to this section, or s. 624.316, s. 624.3161, s.

16  624.317, or s. 624.318, until the examination report is filed

17  or the investigation is completed or ceases to be active.

18         (b)  After an investigation is completed or ceases to

19  be active, or after an examination report is filed, portions

20  of the investigation report relating to the investigation and

21  workpapers and other information held by the department or

22  office pursuant to subparagraph (a)3. remain confidential and

23  exempt from the provisions of s. 119.07(1) if disclosure

24  would:

25         1.  Jeopardize the integrity of another active

26  investigation;

27         2.  Impair the safety and financial soundness of the

28  licensee or affiliated party;

29         3.  Reveal personal financial information;

30         4.  Reveal the identity of a confidential source;

31  

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    Florida Senate - 2007                                  SB 1850
    597-1873-07




 1         5.  Defame or cause unwarranted damage to the good name

 2  or reputation of an individual or jeopardize the safety of an

 3  individual; or

 4         6.  Reveal investigative techniques or procedures.

 5         (b)  Workpapers and other information held by the

 6  department or office, and workpapers and other information

 7  received from another governmental entity or the National

 8  Association of Insurance Commissioners, for the department's

 9  or office's use in the performance of its examination or

10  investigation duties pursuant to this section and ss. 624.316,

11  624.3161, 624.317, and 624.318 are confidential and exempt

12  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

13  the State Constitution.  This exemption applies to workpapers

14  and other information held by the department or office before,

15  on, or after the effective date of this exemption.

16         (c)  Information made Such confidential and exempt

17  under this subsection information may be disclosed to:

18         1.  Another governmental entity, if disclosure is

19  necessary for the receiving entity to perform its duties and

20  responsibilities;, and may be disclosed to

21         2.  The National Association of Insurance

22  Commissioners. The receiving governmental entity or the

23  association must maintain the confidential and exempt status

24  of the information.

25         (d)  The information made confidential and exempt by

26  this subsection paragraph may be used in a criminal, civil, or

27  administrative proceeding so long as the confidential and

28  exempt status of such information is maintained. This

29  paragraph is subject to the Open Government Sunset Review Act

30  of 1995 in accordance with s. 119.15 and shall stand repealed

31  

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    Florida Senate - 2007                                  SB 1850
    597-1873-07




 1  on October 2, 2007, unless reviewed and saved from repeal

 2  through reenactment by the Legislature.

 3         (e)(c)  Lists of insurers or regulated companies are

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

 5  if:

 6         1.  The financial solvency, condition, or soundness of

 7  such insurers or regulated companies is being monitored by the

 8  office;

 9         2.  The list is prepared to internally coordinate

10  regulation by the office of the financial solvency, condition,

11  or soundness of the insurers or regulated companies; and

12         3.  The office determines that public inspection of

13  such list could impair the financial solvency, condition, or

14  soundness of such insurers or regulated companies.

15         Section 2.  This act shall take effect October 1, 2007.

16  

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18                          SENATE SUMMARY

19    Revises an exemption from the public-records law which is
      provided for workpapers and other information held by the
20    Department of Financial Services or the Office of
      Insurance Regulation. Removes the repeal of the exemption
21    scheduled to occur on October 2, 2007, under the Open
      Government Sunset Review Act.
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