1 | Representative Schwartz offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 20 and 21, insert: |
5 | Section 13. Paragraph (w) of subsection (6) of section |
6 | 627.351, Florida Statutes, is amended to read: |
7 | 627.351 Insurance risk apportionment plans.-- |
8 | (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- |
9 | (w)1. The following records of the corporation are |
10 | confidential and exempt from the provisions of s. 119.07(1) and |
11 | s. 24(a), Art. I of the State Constitution: |
12 | a. Underwriting files, except that a policyholder or an |
13 | applicant shall have access to his or her own underwriting |
14 | files. Confidential and exempt underwriting file records may |
15 | also be released to other governmental agencies upon written |
16 | request and demonstration of need; such records held by the |
17 | receiving agency remain confidential and exempt as provided |
18 | herein. |
19 | b. Claims files, until termination of all litigation and |
20 | settlement of all claims arising out of the same incident, |
21 | although portions of the claims files may remain exempt, as |
22 | otherwise provided by law. Confidential and exempt claims file |
23 | records may be released to other governmental agencies upon |
24 | written request and demonstration of need; such records held by |
25 | the receiving agency remain confidential and exempt as provided |
26 | for herein. |
27 | c. Records obtained or generated by an internal auditor |
28 | pursuant to a routine audit, until the audit is completed, or if |
29 | the audit is conducted as part of an investigation, until the |
30 | investigation is closed or ceases to be active. An investigation |
31 | is considered "active" while the investigation is being |
32 | conducted with a reasonable, good faith belief that it could |
33 | lead to the filing of administrative, civil, or criminal |
34 | proceedings. |
35 | d. Matters reasonably encompassed in privileged attorney- |
36 | client communications. |
37 | e. Proprietary information licensed to the corporation |
38 | under contract and the contract provides for the confidentiality |
39 | of such proprietary information. |
40 | f. All information relating to the medical condition or |
41 | medical status of a corporation employee which is not relevant |
42 | to the employee's capacity to perform his or her duties, except |
43 | as otherwise provided in this paragraph. Information that which |
44 | is exempt shall include, but is not limited to, information |
45 | relating to workers' compensation, insurance benefits, and |
46 | retirement or disability benefits. |
47 | g. Upon an employee's entrance into the employee |
48 | assistance program, a program to assist any employee who has a |
49 | behavioral or medical disorder, substance abuse problem, or |
50 | emotional difficulty which affects the employee's job |
51 | performance, all records relative to that participation shall be |
52 | confidential and exempt from the provisions of s. 119.07(1) and |
53 | s. 24(a), Art. I of the State Constitution, except as otherwise |
54 | provided in s. 112.0455(11). |
55 | h. Information relating to negotiations for financing, |
56 | reinsurance, depopulation, or contractual services, until the |
57 | conclusion of the negotiations. |
58 | i. Minutes of closed meetings regarding underwriting |
59 | files, and minutes of closed meetings regarding an open claims |
60 | file until termination of all litigation and settlement of all |
61 | claims with regard to that claim, except that information |
62 | otherwise confidential or exempt by law shall will be redacted. |
63 | 2. If When an authorized insurer is considering |
64 | underwriting a risk insured by the corporation, relevant |
65 | underwriting files and confidential claims files may be released |
66 | to the insurer provided the insurer agrees in writing, notarized |
67 | and under oath, to maintain the confidentiality of such files. |
68 | If When a file is transferred to an insurer that file is no |
69 | longer a public record because it is not held by an agency |
70 | subject to the provisions of the public records law. |
71 | Underwriting files and confidential claims files may also be |
72 | released to staff of and the board of governors of the market |
73 | assistance plan established pursuant to s. 627.3515, who must |
74 | retain the confidentiality of such files, except such files may |
75 | be released to authorized insurers that are considering assuming |
76 | the risks to which the files apply, provided the insurer agrees |
77 | in writing, notarized and under oath, to maintain the |
78 | confidentiality of such files. Finally, the corporation or the |
79 | board or staff of the market assistance plan may make the |
80 | following information obtained from underwriting files and |
81 | confidential claims files available to licensed general lines |
82 | insurance agents: name, address, and telephone number of the |
83 | residential property owner or insured; location of the risk; |
84 | rating information; loss history; and policy type. The receiving |
85 | licensed general lines insurance agent must retain the |
86 | confidentiality of the information received. |
87 | 3. A policyholder who has filed suit against the |
88 | corporation has the right to discover the contents of his or her |
89 | own claims file to the same extent that discovery of such |
90 | contents would be available from a private insurer in litigation |
91 | as provided by the Florida Rules of Civil Procedure, the Florida |
92 | Evidence Code, and other applicable law. Pursuant to subpoena, a |
93 | third party has the right to discover the contents of an |
94 | insured's or applicant's underwriting or claims file to the same |
95 | extent that discovery of such contents would be available from a |
96 | private insurer by subpoena as provided by the Florida Rules of |
97 | Civil Procedure, the Florida Evidence Code, and other applicable |
98 | law, and subject to any confidentiality protections requested by |
99 | the corporation and agreed to by the seeking party or ordered by |
100 | the court. The corporation may release confidential underwriting |
101 | and claims file contents and information as it deems necessary |
102 | and appropriate to underwrite or service insurance policies and |
103 | claims, subject to any confidentiality protections deemed |
104 | necessary and appropriate by the corporation. |
105 | 4.2. Portions of meetings of the corporation are exempt |
106 | from the provisions of s. 286.011 and s. 24(b), Art. I of the |
107 | State Constitution wherein confidential underwriting files or |
108 | confidential open claims files are discussed. All portions of |
109 | corporation meetings which are closed to the public shall be |
110 | recorded by a court reporter. The court reporter shall record |
111 | the times of commencement and termination of the meeting, all |
112 | discussion and proceedings, the names of all persons present at |
113 | any time, and the names of all persons speaking. No portion of |
114 | any closed meeting shall be off the record. Subject to the |
115 | provisions hereof and s. 119.07(1)(e)-(g), the court reporter's |
116 | notes of any closed meeting shall be retained by the corporation |
117 | for a minimum of 5 years. A copy of the transcript, less any |
118 | exempt matters, of any closed meeting wherein claims are |
119 | discussed shall become public as to individual claims after |
120 | settlement of the claim. |
121 |
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122 | ----------------------------------------------------- |
123 | T I T L E A M E N D M E N T |
124 | Between lines 2-3 insert: |
125 | 627.351, F.S.; clarifying the right of certain |
126 | parties to discover underwriting and claims file |
127 | records; authorizing the corporation to release |
128 | such records as it deems necessary; amending s. |