((LATE FILED FOR: 4/28/2008 9:00:00 AM))Amendment
Bill No. CS/CS/SB 2012
Amendment No. 988445
CHAMBER ACTION
Senate House
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1Representative Schwartz offered the following:
2
3     Amendment (with title amendment)
4     Between lines 20 and 21, insert:
5     Section 13.  Paragraph (w) of subsection (6) of section
6627.351, 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
10confidential and exempt from the provisions of s. 119.07(1) and
11s. 24(a), Art. I of the State Constitution:
12     a.  Underwriting files, except that a policyholder or an
13applicant shall have access to his or her own underwriting
14files. Confidential and exempt underwriting file records may
15also be released to other governmental agencies upon written
16request and demonstration of need; such records held by the
17receiving agency remain confidential and exempt as provided
18herein.
19     b.  Claims files, until termination of all litigation and
20settlement of all claims arising out of the same incident,
21although portions of the claims files may remain exempt, as
22otherwise provided by law. Confidential and exempt claims file
23records may be released to other governmental agencies upon
24written request and demonstration of need; such records held by
25the receiving agency remain confidential and exempt as provided
26for herein.
27     c.  Records obtained or generated by an internal auditor
28pursuant to a routine audit, until the audit is completed, or if
29the audit is conducted as part of an investigation, until the
30investigation is closed or ceases to be active. An investigation
31is considered "active" while the investigation is being
32conducted with a reasonable, good faith belief that it could
33lead to the filing of administrative, civil, or criminal
34proceedings.
35     d.  Matters reasonably encompassed in privileged attorney-
36client communications.
37     e.  Proprietary information licensed to the corporation
38under contract and the contract provides for the confidentiality
39of such proprietary information.
40     f.  All information relating to the medical condition or
41medical status of a corporation employee which is not relevant
42to the employee's capacity to perform his or her duties, except
43as otherwise provided in this paragraph. Information that which
44is exempt shall include, but is not limited to, information
45relating to workers' compensation, insurance benefits, and
46retirement or disability benefits.
47     g.  Upon an employee's entrance into the employee
48assistance program, a program to assist any employee who has a
49behavioral or medical disorder, substance abuse problem, or
50emotional difficulty which affects the employee's job
51performance, all records relative to that participation shall be
52confidential and exempt from the provisions of s. 119.07(1) and
53s. 24(a), Art. I of the State Constitution, except as otherwise
54provided in s. 112.0455(11).
55     h.  Information relating to negotiations for financing,
56reinsurance, depopulation, or contractual services, until the
57conclusion of the negotiations.
58     i.  Minutes of closed meetings regarding underwriting
59files, and minutes of closed meetings regarding an open claims
60file until termination of all litigation and settlement of all
61claims with regard to that claim, except that information
62otherwise confidential or exempt by law shall will be redacted.
63     2.  If When an authorized insurer is considering
64underwriting a risk insured by the corporation, relevant
65underwriting files and confidential claims files may be released
66to the insurer provided the insurer agrees in writing, notarized
67and under oath, to maintain the confidentiality of such files.
68If When a file is transferred to an insurer that file is no
69longer a public record because it is not held by an agency
70subject to the provisions of the public records law.
71Underwriting files and confidential claims files may also be
72released to staff of and the board of governors of the market
73assistance plan established pursuant to s. 627.3515, who must
74retain the confidentiality of such files, except such files may
75be released to authorized insurers that are considering assuming
76the risks to which the files apply, provided the insurer agrees
77in writing, notarized and under oath, to maintain the
78confidentiality of such files. Finally, the corporation or the
79board or staff of the market assistance plan may make the
80following information obtained from underwriting files and
81confidential claims files available to licensed general lines
82insurance agents: name, address, and telephone number of the
83residential property owner or insured; location of the risk;
84rating information; loss history; and policy type. The receiving
85licensed general lines insurance agent must retain the
86confidentiality of the information received.
87     3.  A policyholder who has filed suit against the
88corporation has the right to discover the contents of his or her
89own claims file to the same extent that discovery of such
90contents would be available from a private insurer in litigation
91as provided by the Florida Rules of Civil Procedure, the Florida
92Evidence Code, and other applicable law. Pursuant to subpoena, a
93third party has the right to discover the contents of an
94insured's or applicant's underwriting or claims file to the same
95extent that discovery of such contents would be available from a
96private insurer by subpoena as provided by the Florida Rules of
97Civil Procedure, the Florida Evidence Code, and other applicable
98law, and subject to any confidentiality protections requested by
99the corporation and agreed to by the seeking party or ordered by
100the court. The corporation may release confidential underwriting
101and claims file contents and information as it deems necessary
102and appropriate to underwrite or service insurance policies and
103claims, subject to any confidentiality protections deemed
104necessary and appropriate by the corporation.
105     4.2.  Portions of meetings of the corporation are exempt
106from the provisions of s. 286.011 and s. 24(b), Art. I of the
107State Constitution wherein confidential underwriting files or
108confidential open claims files are discussed. All portions of
109corporation meetings which are closed to the public shall be
110recorded by a court reporter. The court reporter shall record
111the times of commencement and termination of the meeting, all
112discussion and proceedings, the names of all persons present at
113any time, and the names of all persons speaking. No portion of
114any closed meeting shall be off the record. Subject to the
115provisions hereof and s. 119.07(1)(e)-(g), the court reporter's
116notes of any closed meeting shall be retained by the corporation
117for a minimum of 5 years. A copy of the transcript, less any
118exempt matters, of any closed meeting wherein claims are
119discussed shall become public as to individual claims after
120settlement of the claim.
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T I T L E  A M E N D M E N T
124     Between lines 2-3 insert:
125627.351, F.S.; clarifying the right of certain
126parties to discover underwriting and claims file
127records; authorizing the corporation to release
128such records as it deems necessary; amending s.


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