Senate Bill sb7090pb
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7090
FOR CONSIDERATION 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.
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21 Be It Enacted by the Legislature of the State of Florida:
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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 (PROPOSED COMMITTEE BILL) SPB 7090
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;
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7090
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
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7090
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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.
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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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