CS/HB 541

1
A bill to be entitled
2An act relating to public records; amending s. 119.07,
3F.S.; authorizing a custodian of public records to
4designate another officer or employee of the agency to
5permit the inspection and copying of public records;
6requiring that the designee be identified; requiring
7custodians of public records and their designees to
8acknowledge requests to inspect and copy public records
9promptly and in good faith; amending ss. 497.140, 627.311,
10and 627.351, F.S.; conforming cross-references; providing
11an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (1) of section 119.07, Florida
16Statutes, is amended to read:
17     119.07  Inspection and copying of records; photographing
18public records; fees; exemptions.--
19     (1)(a)  Every person who has custody of a public record
20shall permit the record to be inspected and copied by any person
21desiring to do so, at any reasonable time, under reasonable
22conditions, and under supervision by the custodian of the public
23records.
24     (b)  A custodian of public records or a person having
25custody of public records may designate another officer or
26employee of the agency to permit the inspection and copying of
27public records, but must disclose the identity of the designee
28to the person requesting to inspect or copy public records.
29     (c)  A custodian of public records and his or her designee
30must acknowledge requests to inspect or copy records promptly
31and respond to such requests in good faith. A good faith
32response includes making reasonable efforts to determine from
33other officers or employees within the agency whether such a
34record exists and, if so, the location at which the record can
35be accessed.
36     (d)  A custodian of public records or his or her designee
37shall be available to respond to requests to inspect and copy
38public records during the regular business hours of the office
39at which public records are maintained.
40     (e)(b)  A person who has custody of a public record who
41asserts that an exemption applies to a part of such record shall
42redact that portion of the record to which an exemption has been
43asserted and validly applies, and such person shall produce the
44remainder of such record for inspection and copying.
45     (f)(c)  If the person who has custody of a public record
46contends that all or part of the record is exempt from
47inspection and copying, he or she shall state the basis of the
48exemption that he or she contends is applicable to the record,
49including the statutory citation to an exemption created or
50afforded by statute.
51     (g)(d)  If requested by the person seeking to inspect or
52copy the record, the custodian of public records shall state in
53writing and with particularity the reasons for the conclusion
54that the record is exempt or confidential.
55     (h)(e)  In any civil action in which an exemption to this
56section is asserted, if the exemption is alleged to exist under
57or 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
59submitted to the court for an inspection in camera. If an
60exemption is alleged to exist under or by virtue of s.
61119.071(2)(c), an inspection in camera is discretionary with the
62court. If the court finds that the asserted exemption is not
63applicable, it shall order the public record or part thereof in
64question to be immediately produced for inspection or copying as
65requested by the person seeking such access.
66     (i)(f)  Even if an assertion is made by the custodian of
67public records that a requested record is not a public record
68subject to public inspection or copying under this subsection,
69the requested record shall, nevertheless, not be disposed of for
70a period of 30 days after the date on which a written request to
71inspect or copy the record was served on or otherwise made to
72the custodian of public records by the person seeking access to
73the record. If a civil action is instituted within the 30-day
74period to enforce the provisions of this section with respect to
75the requested record, the custodian of public records may not
76dispose of the record except by order of a court of competent
77jurisdiction after notice to all affected parties.
78     (j)(g)  The absence of a civil action instituted for the
79purpose stated in paragraph (h)(e) does not relieve the
80custodian of public records of the duty to maintain the record
81as a public record if the record is in fact a public record
82subject to public inspection and copying under this subsection
83and does not otherwise excuse or exonerate the custodian of
84public records from any unauthorized or unlawful disposition of
85such record.
86     Section 2.  Subsection (5) of section 497.140, Florida
87Statutes, is amended to read:
88     497.140  Fees.--
89     (5)  The department shall charge a fee not to exceed $25
90for the certification of a public record. The fee shall be
91determined by rule of the department. The department shall
92assess a fee for duplication of a public record as provided in
93s. 119.07(1)(a) and (e)(b).
94     Section 3.  Paragraph (b) of subsection (4) of section
95627.311, Florida Statutes, is amended to read:
96     627.311  Joint underwriters and joint reinsurers; public
97records and public meetings exemptions.--
98     (4)  The Florida Automobile Joint Underwriting Association:
99     (b)  Shall keep portions of association meetings during
100which confidential and exempt underwriting files or confidential
101and exempt claims files are discussed exempt from the provisions
102of s. 286.011 and s. 24(b), Art. I of the State Constitution.
103All closed portions of association meetings shall be recorded by
104a court reporter. The court reporter shall record the times of
105commencement and termination of the meeting, all discussion and
106proceedings, the names of all persons present at any time, and
107the names of all persons speaking. No portion of any closed
108meeting shall be off the record. Subject to the provisions of
109this paragraph and s. 119.07(1)(e)-(g) s. 119.07(1)(b)-(d), the
110court reporter's notes of any closed meeting shall be retained
111by the association for a minimum of 5 years. A copy of the
112transcript, less any confidential and exempt information, of any
113closed meeting during which confidential and exempt claims files
114are discussed shall become public as to individual claims files
115after settlement of that claim.
116     Section 4.  Paragraph (w) of subsection (6) of section
117627.351, Florida Statutes, as amended by section 21 of chapter
1182007-1, 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
122confidential and exempt from the provisions of s. 119.07(1) and
123s. 24(a), Art. I of the State Constitution:
124     a.  Underwriting files, except that a policyholder or an
125applicant shall have access to his or her own underwriting
126files.
127     b.  Claims files, until termination of all litigation and
128settlement of all claims arising out of the same incident,
129although portions of the claims files may remain exempt, as
130otherwise provided by law. Confidential and exempt claims file
131records may be released to other governmental agencies upon
132written request and demonstration of need; such records held by
133the receiving agency remain confidential and exempt as provided
134for herein.
135     c.  Records obtained or generated by an internal auditor
136pursuant to a routine audit, until the audit is completed, or if
137the audit is conducted as part of an investigation, until the
138investigation is closed or ceases to be active. An investigation
139is considered "active" while the investigation is being
140conducted with a reasonable, good faith belief that it could
141lead to the filing of administrative, civil, or criminal
142proceedings.
143     d.  Matters reasonably encompassed in privileged attorney-
144client communications.
145     e.  Proprietary information licensed to the corporation
146under contract and the contract provides for the confidentiality
147of such proprietary information.
148     f.  All information relating to the medical condition or
149medical status of a corporation employee which is not relevant
150to the employee's capacity to perform his or her duties, except
151as otherwise provided in this paragraph. Information which is
152exempt shall include, but is not limited to, information
153relating to workers' compensation, insurance benefits, and
154retirement or disability benefits.
155     g.  Upon an employee's entrance into the employee
156assistance program, a program to assist any employee who has a
157behavioral or medical disorder, substance abuse problem, or
158emotional difficulty which affects the employee's job
159performance, all records relative to that participation shall be
160confidential and exempt from the provisions of s. 119.07(1) and
161s. 24(a), Art. I of the State Constitution, except as otherwise
162provided in s. 112.0455(11).
163     h.  Information relating to negotiations for financing,
164reinsurance, depopulation, or contractual services, until the
165conclusion of the negotiations.
166     i.  Minutes of closed meetings regarding underwriting
167files, and minutes of closed meetings regarding an open claims
168file until termination of all litigation and settlement of all
169claims with regard to that claim, except that information
170otherwise confidential or exempt by law will be redacted.
171
172When an authorized insurer is considering underwriting a risk
173insured by the corporation, relevant underwriting files and
174confidential claims files may be released to the insurer
175provided the insurer agrees in writing, notarized and under
176oath, to maintain the confidentiality of such files. When a file
177is transferred to an insurer that file is no longer a public
178record because it is not held by an agency subject to the
179provisions of the public records law. Underwriting files and
180confidential claims files may also be released to staff of and
181the board of governors of the market assistance plan established
182pursuant to s. 627.3515, who must retain the confidentiality of
183such files, except such files may be released to authorized
184insurers that are considering assuming the risks to which the
185files apply, provided the insurer agrees in writing, notarized
186and under oath, to maintain the confidentiality of such files.
187Finally, the corporation or the board or staff of the market
188assistance plan may make the following information obtained from
189underwriting files and confidential claims files available to
190licensed general lines insurance agents: name, address, and
191telephone number of the residential property owner or insured;
192location of the risk; rating information; loss history; and
193policy type. The receiving licensed general lines insurance
194agent must retain the confidentiality of the information
195received.
196     2.  Portions of meetings of the corporation are exempt from
197the provisions of s. 286.011 and s. 24(b), Art. I of the State
198Constitution wherein confidential underwriting files or
199confidential open claims files are discussed. All portions of
200corporation meetings which are closed to the public shall be
201recorded by a court reporter. The court reporter shall record
202the times of commencement and termination of the meeting, all
203discussion and proceedings, the names of all persons present at
204any time, and the names of all persons speaking. No portion of
205any closed meeting shall be off the record. Subject to the
206provisions hereof and s. 119.07(1)(e)-(g) s. 119.07(1)(b)-(d),
207the court reporter's notes of any closed meeting shall be
208retained by the corporation for a minimum of 5 years. A copy of
209the transcript, less any exempt matters, of any closed meeting
210wherein claims are discussed shall become public as to
211individual 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.