HB 7187

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding examination and investigation
4	reports under the Florida Insurance Code; amending s.
5	624.319, F.S., which provides an exemption from public
6	records requirements for specified examination and
7	investigation reports under the Florida Insurance Code and
8	related work papers, information, and lists of insurers or
9	regulated companies; reorganizing the exemption; defining
10	"work papers" to narrow the exemption for work papers and
11	other information held by the Department of Financial
12	Services or the Office of Insurance Regulation pursuant to
13	an examination or investigation; providing for limited
14	duration of the exemption for work papers; making
15	editorial changes; deleting unnecessary language; removing
16	the scheduled repeal of the exemption under the Open
17	Government Sunset Review Act; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (3) of section 624.319, Florida
22	Statutes, is amended to read:
23	624.319  Examination and investigation reports.--
24	(3)(a)1.  Examination reports, until filed, are
25	confidential and exempt from the provisions of s. 119.07(1).
26	2.  Investigation reports are confidential and exempt from
27	the provisions of s. 119.07(1) until the investigation is
28	completed or ceases to be active.
29	3.  For purposes of this subsection, an investigation is
30	active while it is being conducted by the department or office
31	with a reasonable, good faith belief that it could lead to the
32	filing of administrative, civil, or criminal proceedings. An
33	investigation does not cease to be active if the department or
34	office is proceeding with reasonable dispatch and has a good
35	faith belief that action could be initiated by the department or
36	office or other administrative or law enforcement agency. After
37	an investigation is completed or ceases to be active, portions
38	of the investigation report relating to the investigation remain
39	confidential and exempt from the provisions of s. 119.07(1) if
40	disclosure would:
41	a.1.  Jeopardize the integrity of another active
42	investigation;
43	b.2.  Impair the safety and financial soundness of the
44	licensee or affiliated party;
45	c.3.  Reveal personal financial information;
46	d.4.  Reveal the identity of a confidential source;
47	e.5.  Defame or cause unwarranted damage to the good name
48	or reputation of an individual or jeopardize the safety of an
49	individual; or
50	f.6.  Reveal investigative techniques or procedures.
51	(b)1.  For purposes of this paragraph, "work papers" means
52	the records of the procedures followed, the tests performed, the
53	information obtained and the conclusions reached in an
54	examination or investigation performed under this section or ss.
55	624.316, 624.3161, 624.317, and 624.318. Work papers include
56	planning documentation, work programs, analyses, memoranda,
57	letters of confirmation and representation, abstracts of company
58	documents, and schedules or commentaries prepared or obtained in
59	the course of such examination or investigation.
60	2.a.  Work papers and other information held by the
61	department or office are confidential and exempt from s.
62	119.07(1) and s. 24(a), Art. I of the State Constitution until
63	the examination report is filed or until the investigation is
64	completed or ceases to be active.
65	b.  , and work papers and other Information received from
66	another governmental entity or the National Association of
67	Insurance Commissioners, which is confidential or exempt when
68	held by that entity, for use by the department or office
69	department's or office's use in the performance of its
70	examination or investigation duties pursuant to this section or
71	and ss. 624.316, 624.3161, 624.317, and 624.318 is are
72	confidential and exempt from the provisions of s. 119.07(1) and
73	s. 24(a), Art. I of the State Constitution.
74	c.  This exemption applies to work papers and such other
75	information held by the department or office before, on, or
76	after the effective date of this exemption.
77	3.  Such Confidential and exempt work papers and
78	information may be disclosed to:
79	a.  Another governmental entity, if disclosure is necessary
80	for the receiving entity to perform its duties and
81	responsibilities;, and may be disclosed to
82	b.  The National Association of Insurance Commissioners.
83	The receiving governmental entity or the association must
84	maintain the confidential and exempt status of the information.
85	The information made confidential and exempt by this paragraph
86	may be used in a criminal, civil, or administrative proceeding
87	so long as the confidential and exempt status of such
88	information is maintained. This paragraph is subject to the Open
89	Government Sunset Review Act of 1995 in accordance with s.
90	119.15 and shall stand repealed on October 2, 2007, unless
91	reviewed and saved from repeal through reenactment by the
92	Legislature.
93	4.  After an examination report is filed or an
94	investigation is completed or ceases to be active, portions of
95	work papers may remain confidential and exempt from s. 119.07(1)
96	and s. 24(a), Art. I of the State Constitution if disclosure
97	would:
98	a.  Jeopardize the integrity of another active examination
99	or investigation;
100	b.  Impair the safety or financial soundness of the
101	licensee, affiliated party, or insured;
102	c.  Reveal personal financial, medical, or health
103	information;
104	d.  Reveal the identity of a confidential source;
105	e.  Defame or cause unwarranted damage to the good name or
106	reputation of an individual or jeopardize the safety of an
107	individual;
108	f.  Reveal examination techniques or procedures; or
109	g.  Reveal information that is confidential or exempt under
110	sub-subparagraph 2.b.
111	(c)  Lists of insurers or regulated companies are
112	confidential and exempt from the provisions of s. 119.07(1) if:
113	1.  The financial solvency, condition, or soundness of such
114	insurers or regulated companies is being monitored by the
115	office;
116	2.  The list is prepared to internally coordinate
117	regulation by the office of the financial solvency, condition,
118	or soundness of the insurers or regulated companies; and
119	3.  The office determines that public inspection of such
120	list could impair the financial solvency, condition, or
121	soundness of such insurers or regulated companies.
122	Section 2.  This act shall take effect October 1, 2007.

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