CS/HB 541

1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; authorizing a custodian of public records to
4	designate another officer or employee of the agency to
5	permit the inspection and copying of public records;
6	requiring that the designee be identified; requiring
7	custodians of public records and their designees to
8	respond to requests to inspect and copy public records
9	promptly and in good faith; amending ss. 497.140, 627.311,
10	and 627.351, F.S.; conforming cross-references; providing
11	an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsection (1) of section 119.07, Florida
16	Statutes, is amended to read:
17	119.07  Inspection and copying of records; photographing
18	public records; fees; exemptions.--
19	(1)(a)  Every person who has custody of a public record
20	shall permit the record to be inspected and copied by any person
21	desiring to do so, at any reasonable time, under reasonable
22	conditions, and under supervision by the custodian of the public
23	records.
24	(b)  A custodian of public records or a person having
25	custody of public records may designate another officer or
26	employee of the agency to permit the inspection and copying of
27	public records, but must disclose the identity of the designee
28	to the person requesting to inspect or copy public records.
29	(c)  A custodian of public records and his or her designee
30	must acknowledge requests to inspect or copy records promptly
31	and respond to such requests to inspect or copy records promptly
32	and in good faith. A good faith response includes making
33	reasonable efforts to determine from other officers or employees
34	within the agency whether such a record exists and, if so, the
35	location at which the record can be accessed.
36	(d)  A custodian of public records or his or her designee
37	shall be available to respond to requests to inspect and copy
38	public records during the regular business hours of the office
39	at which public records are maintained.
40	(e)(b)  A person who has custody of a public record who
41	asserts that an exemption applies to a part of such record shall
42	redact that portion of the record to which an exemption has been
43	asserted and validly applies, and such person shall produce the
44	remainder of such record for inspection and copying.
45	(f)(c)  If the person who has custody of a public record
46	contends that all or part of the record is exempt from
47	inspection and copying, he or she shall state the basis of the
48	exemption that he or she contends is applicable to the record,
49	including the statutory citation to an exemption created or
50	afforded by statute.
51	(g)(d)  If requested by the person seeking to inspect or
52	copy the record, the custodian of public records shall state in
53	writing and with particularity the reasons for the conclusion
54	that the record is exempt or confidential.
55	(h)(e)  In any civil action in which an exemption to this
56	section is asserted, if the exemption is alleged to exist under
57	or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or
58	(4)(c), the public record or part thereof in question shall be
59	submitted to the court for an inspection in camera. If an
60	exemption is alleged to exist under or by virtue of s.
61	119.071(2)(c), an inspection in camera is discretionary with the
62	court. If the court finds that the asserted exemption is not
63	applicable, it shall order the public record or part thereof in
64	question to be immediately produced for inspection or copying as
65	requested by the person seeking such access.
66	(i)(f)  Even if an assertion is made by the custodian of
67	public records that a requested record is not a public record
68	subject to public inspection or copying under this subsection,
69	the requested record shall, nevertheless, not be disposed of for
70	a period of 30 days after the date on which a written request to
71	inspect or copy the record was served on or otherwise made to
72	the custodian of public records by the person seeking access to
73	the record. If a civil action is instituted within the 30-day
74	period to enforce the provisions of this section with respect to
75	the requested record, the custodian of public records may not
76	dispose of the record except by order of a court of competent
77	jurisdiction after notice to all affected parties.
78	(j)(g)  The absence of a civil action instituted for the
79	purpose stated in paragraph (h)(e) does not relieve the
80	custodian of public records of the duty to maintain the record
81	as a public record if the record is in fact a public record
82	subject to public inspection and copying under this subsection
83	and does not otherwise excuse or exonerate the custodian of
84	public records from any unauthorized or unlawful disposition of
85	such record.
86	Section 2.  Subsection (5) of section 497.140, Florida
87	Statutes, is amended to read:
88	497.140  Fees.--
89	(5)  The department shall charge a fee not to exceed $25
90	for the certification of a public record. The fee shall be
91	determined by rule of the department. The department shall
92	assess a fee for duplication of a public record as provided in
93	s. 119.07(1)(a) and (e)(b).
94	Section 3.  Paragraph (b) of subsection (4) of section
95	627.311, Florida Statutes, is amended to read:
96	627.311  Joint underwriters and joint reinsurers; public
97	records and public meetings exemptions.--
98	(4)  The Florida Automobile Joint Underwriting Association:
99	(b)  Shall keep portions of association meetings during
100	which confidential and exempt underwriting files or confidential
101	and exempt claims files are discussed exempt from the provisions
102	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
103	All closed portions of association meetings shall be recorded by
104	a court reporter. The court reporter shall record the times of
105	commencement and termination of the meeting, all discussion and
106	proceedings, the names of all persons present at any time, and
107	the names of all persons speaking. No portion of any closed
108	meeting shall be off the record. Subject to the provisions of
109	this paragraph and s. 119.07(1)(e)-(g) s. 119.07(1)(b)-(d), the
110	court reporter's notes of any closed meeting shall be retained
111	by the association for a minimum of 5 years. A copy of the
112	transcript, less any confidential and exempt information, of any
113	closed meeting during which confidential and exempt claims files
114	are discussed shall become public as to individual claims files
115	after settlement of that claim.
116	Section 4.  Paragraph (w) of subsection (6) of section
117	627.351, Florida Statutes, as amended by section 21 of chapter
118	2007-1, Laws of Florida, is amended to read:
119	627.351  Insurance risk apportionment plans.--
120	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
121	(w)1.  The following records of the corporation are
122	confidential and exempt from the provisions of s. 119.07(1) and
123	s. 24(a), Art. I of the State Constitution:
124	a.  Underwriting files, except that a policyholder or an
125	applicant shall have access to his or her own underwriting
126	files.
127	b.  Claims files, until termination of all litigation and
128	settlement of all claims arising out of the same incident,
129	although portions of the claims files may remain exempt, as
130	otherwise provided by law. Confidential and exempt claims file
131	records may be released to other governmental agencies upon
132	written request and demonstration of need; such records held by
133	the receiving agency remain confidential and exempt as provided
134	for herein.
135	c.  Records obtained or generated by an internal auditor
136	pursuant to a routine audit, until the audit is completed, or if
137	the audit is conducted as part of an investigation, until the
138	investigation is closed or ceases to be active. An investigation
139	is considered "active" while the investigation is being
140	conducted with a reasonable, good faith belief that it could
141	lead to the filing of administrative, civil, or criminal
142	proceedings.
143	d.  Matters reasonably encompassed in privileged attorney-
144	client communications.
145	e.  Proprietary information licensed to the corporation
146	under contract and the contract provides for the confidentiality
147	of such proprietary information.
148	f.  All information relating to the medical condition or
149	medical status of a corporation employee which is not relevant
150	to the employee's capacity to perform his or her duties, except
151	as otherwise provided in this paragraph. Information which is
152	exempt shall include, but is not limited to, information
153	relating to workers' compensation, insurance benefits, and
154	retirement or disability benefits.
155	g.  Upon an employee's entrance into the employee
156	assistance program, a program to assist any employee who has a
157	behavioral or medical disorder, substance abuse problem, or
158	emotional difficulty which affects the employee's job
159	performance, all records relative to that participation shall be
160	confidential and exempt from the provisions of s. 119.07(1) and
161	s. 24(a), Art. I of the State Constitution, except as otherwise
162	provided in s. 112.0455(11).
163	h.  Information relating to negotiations for financing,
164	reinsurance, depopulation, or contractual services, until the
165	conclusion of the negotiations.
166	i.  Minutes of closed meetings regarding underwriting
167	files, and minutes of closed meetings regarding an open claims
168	file until termination of all litigation and settlement of all
169	claims with regard to that claim, except that information
170	otherwise confidential or exempt by law will be redacted.
171
172	When an authorized insurer is considering underwriting a risk
173	insured by the corporation, relevant underwriting files and
174	confidential claims files may be released to the insurer
175	provided the insurer agrees in writing, notarized and under
176	oath, to maintain the confidentiality of such files. When a file
177	is transferred to an insurer that file is no longer a public
178	record because it is not held by an agency subject to the
179	provisions of the public records law. Underwriting files and
180	confidential claims files may also be released to staff of and
181	the board of governors of the market assistance plan established
182	pursuant to s. 627.3515, who must retain the confidentiality of
183	such files, except such files may be released to authorized
184	insurers that are considering assuming the risks to which the
185	files apply, provided the insurer agrees in writing, notarized
186	and under oath, to maintain the confidentiality of such files.
187	Finally, the corporation or the board or staff of the market
188	assistance plan may make the following information obtained from
189	underwriting files and confidential claims files available to
190	licensed general lines insurance agents: name, address, and
191	telephone number of the residential property owner or insured;
192	location of the risk; rating information; loss history; and
193	policy type. The receiving licensed general lines insurance
194	agent must retain the confidentiality of the information
195	received.
196	2.  Portions of meetings of the corporation are exempt from
197	the provisions of s. 286.011 and s. 24(b), Art. I of the State
198	Constitution wherein confidential underwriting files or
199	confidential open claims files are discussed. All portions of
200	corporation meetings which are closed to the public shall be
201	recorded by a court reporter. The court reporter shall record
202	the times of commencement and termination of the meeting, all
203	discussion and proceedings, the names of all persons present at
204	any time, and the names of all persons speaking. No portion of
205	any closed meeting shall be off the record. Subject to the
206	provisions hereof and s. 119.07(1)(e)-(g) s. 119.07(1)(b)-(d),
207	the court reporter's notes of any closed meeting shall be
208	retained by the corporation for a minimum of 5 years. A copy of
209	the transcript, less any exempt matters, of any closed meeting
210	wherein claims are discussed shall become public as to
211	individual claims after settlement of the claim.
212	Section 5.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.