| 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. |