Senate Bill sb1850c2
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Florida Senate - 2007 CS for CS for SB 1850
By the Committees on Governmental Operations; and Banking and
Insurance
585-2674-07
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.; revising an exemption from the
5 public-records law which is provided for work
6 papers held by the Department of Financial
7 Services or the Office of Insurance Regulation
8 of the Financial Services Commission; defining
9 the term "work papers"; saving the exemption
10 from repeal under the Open Government Sunset
11 Review Act; deleting provisions providing for
12 repeal of the exemption; providing an effective
13 date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsection (3) of section 624.319, Florida
18 Statutes, is amended to read:
19 624.319 Examination and investigation reports.--
20 (3)(a)1. Examination reports, until filed, are
21 confidential and exempt from the provisions of s. 119.07(1).
22 2. Investigation reports are confidential and exempt
23 from the provisions of s. 119.07(1) until the investigation is
24 completed or ceases to be active.
25 3. For purposes of this subsection, an investigation
26 is active while it is being conducted by the department or
27 office with a reasonable, good faith belief that it could lead
28 to the filing of administrative, civil, or criminal
29 proceedings. An investigation does not cease to be active if
30 the department or office is proceeding with reasonable
31 dispatch and has a good faith belief that action could be
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Florida Senate - 2007 CS for CS for SB 1850
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1 initiated by the department or office or other administrative
2 or law enforcement agency. After an investigation is completed
3 or ceases to be active, portions of the investigation report
4 relating to the investigation remain confidential and exempt
5 from the provisions of s. 119.07(1) if disclosure would:
6 a.1. Jeopardize the integrity of another active
7 investigation;
8 b.2. Impair the safety and financial soundness of the
9 licensee or affiliated party;
10 c.3. Reveal personal financial information;
11 d.4. Reveal the identity of a confidential source;
12 e.5. Defame or cause unwarranted damage to the good
13 name or reputation of an individual or jeopardize the safety
14 of an individual; or
15 f.6. Reveal investigative techniques or procedures.
16 (b)1. As used in this paragraph, the term "work
17 papers" means the records of the procedures followed, tests
18 performed, information obtained, and conclusions reached in an
19 examination or investigation performed under ss. 624.316,
20 624.3161, 624.317, and 624.318. Work papers include planning
21 documentation, work programs, analyses, memoranda, letters of
22 confirmation and representation, abstracts of company
23 documents, schedules or commentaries prepared or obtained in
24 the course of such examination or investigation, and
25 information based on civil and criminal complaints and
26 investigations.
27 2.a. Work papers Workpapers and other information held
28 by the department or office are confidential and exempt from
29 s. 119.07(1) and s. 24(a), Art. I of the State Constitution
30 until the examination report is filed or until the
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Florida Senate - 2007 CS for CS for SB 1850
585-2674-07
1 investigation is completed or ceases to be active., and
2 workpapers and other
3 b. Information received from another governmental
4 entity or the National Association of Insurance Commissioners,
5 which is confidential or exempt when held by that entity, for
6 use by the department or office department's or office's use
7 in the performance of its examination or investigation duties
8 pursuant to this section or and ss. 624.316, 624.3161,
9 624.317, and 624.318 is are confidential and exempt from the
10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
11 Constitution.
12 c. This exemption applies to work papers workpapers
13 and other information held by the department or office before,
14 on, or after the effective date of this exemption.
15 3. Such confidential and exempt work papers
16 information may be disclosed to:
17 a. Another governmental entity, if disclosure is
18 necessary for the receiving entity to perform its duties and
19 responsibilities; or, and may be disclosed to
20 b. The National Association of Insurance
21 Commissioners. The receiving governmental entity or the
22 association must maintain the confidential and exempt status
23 of the information. The information made confidential and
24 exempt by this paragraph may be used in a criminal, civil, or
25 administrative proceeding so long as the confidential and
26 exempt status of such information is maintained. This
27 paragraph is subject to the Open Government Sunset Review Act
28 of 1995 in accordance with s. 119.15 and shall stand repealed
29 on October 2, 2007, unless reviewed and saved from repeal
30 through reenactment by the Legislature.
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Florida Senate - 2007 CS for CS for SB 1850
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1 4. After an examination report is filed or an
2 investigation is completed or ceases to be active, portions of
3 the work papers may remain confidential and exempt from s.
4 119.07(1) and s. 24(a), Art. I of the State Constitution if
5 disclosure would:
6 a. Jeopardize the integrity of another active
7 examination or investigation;
8 b. Impair the safety and financial soundness of the
9 licensee or affiliated party;
10 c. Reveal personal financial, medical, or health
11 information;
12 d. Reveal the identity of a confidential source;
13 e. Defame or cause unwarranted damage to the good name
14 or reputation of an individual or jeopardize the safety of an
15 individual;
16 f. Reveal examination techniques or procedures; or
17 g. Reveal information that is confidential or exempt
18 under sub-subparagraph 2.b.
19 (c) Lists of insurers or regulated companies are
20 confidential and exempt from the provisions of s. 119.07(1)
21 if:
22 1. The financial solvency, condition, or soundness of
23 such insurers or regulated companies is being monitored by the
24 office;
25 2. The list is prepared to internally coordinate
26 regulation by the office of the financial solvency, condition,
27 or soundness of the insurers or regulated companies; and
28 3. The office determines that public inspection of
29 such list could impair the financial solvency, condition, or
30 soundness of such insurers or regulated companies.
31 Section 2. This act shall take effect October 1, 2007.
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Florida Senate - 2007 CS for CS for SB 1850
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 1850
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4 Retains confidential and exempt status of information received
from another governmental entity or the National Association
5 of Insurance Commissioners if that information is confidential
or exempt when held by that entity.
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Exempts work papers until examination report is filed or until
7 the investigation is completed or ceases to be active, with
exceptions.
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