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A bill to be entitled

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An act relating to examination and investigation reports;

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amending s. 624.319, F.S.; providing that work papers and

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other information held by the Office of Insurance

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Regulation of the Financial Services Commission and the

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Department of Financial Services, and work papers and

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other information received from another governmental

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entity or the National Association of Insurance

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Commissioners, for the office or department's use in the

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performance of its respective examination or investigation

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duties are confidential; authorizing the office or

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department to disclose work papers to other governmental

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entities if the disclosure is necessary for the receiving

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entity to perform its duties and responsibilities;

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requiring the receiving governmental entity or the

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association to maintain the confidential and exempt status

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of the information; providing that the information made

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confidential and exempt may be used in criminal, civil, or

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administrative proceedings if the confidential nature of

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the information is maintained; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (b) of subsection (3) of section

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624.319, Florida Statutes, is amended to read:

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     624.319  Examination and investigation reports.--

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     (3)

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     (b)1.  For purposes of this paragraph, "work papers" means

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the records of the procedures followed, the tests performed, the

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information obtained and the conclusions reached in an

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examination or investigation performed under this section or ss.

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624.316, 624.3161, 624.317, and 624.318. Work papers include

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planning documentation, work programs, analyses, memoranda,

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letters of confirmation and representation, abstracts of company

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documents, and schedules or commentaries prepared or obtained in

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the course of such examination or investigation.

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     2.a. Work papers and other information held by the office

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or department, and work papers and other information received

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from another governmental entity or the National Association of

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Insurance Commissioners, for the office or department's use in

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the performance of its respective examination or investigation

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duties under this section and ss. 624.316, 624.3161, 624.317, and

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624.318, are confidential and exempt from the provisions of s.

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119.07(1) and s. 24(a), Art. I of the State Constitution.

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     b. This exemption applies to work papers and other

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information held by the office or department before, on, or after

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the effective date of this exemption. The confidential and exempt

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information may be disclosed to another governmental entity if

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disclosure is necessary for the receiving entity to perform its

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duties and responsibilities, and may be disclosed to the National

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Association of Insurance Commissioners. The receiving

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governmental entity or the association must maintain the

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confidential and exempt status of the information.

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     c. The information made confidential and exempt by this

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paragraph may be used in a criminal, civil, or administrative

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proceeding so long as the confidential and exempt status of the

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information is maintained. Work papers held by the department or

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office are confidential and exempt from s. 119.07(1) and s.

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24(a), Art. I of the State Constitution until the examination

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report is filed or until the investigation is completed or ceases

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to be active.

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     b. Information received from another governmental entity or

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the National Association of Insurance Commissioners, which is

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confidential or exempt when held by that entity, for use by the

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department or office in the performance of its examination or

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investigation duties pursuant to this section or ss. 624.316,

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624.3161, 624.317, and 624.318 is confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution.

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     c. This exemption applies to work papers and such

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information held by the department or office before, on, or after

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the effective date of this exemption.

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     3.  Confidential and exempt work papers and information may

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be disclosed to:

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     a.  Another governmental entity, if disclosure is necessary

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for the receiving entity to perform its duties and

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responsibilities; and

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     b.  The National Association of Insurance Commissioners.

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     4.  After an examination report is filed or an investigation

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is completed or ceases to be active, portions of work papers may

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remain confidential and exempt from s. 119.07(1) and s. 24(a),

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Art. I of the State Constitution if disclosure would:

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     a.  Jeopardize the integrity of another active examination

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or investigation;

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     b.  Impair the safety or financial soundness of the

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licensee, affiliated party, or insured;

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     c.  Reveal personal financial, medical, or health

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information;

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     d.  Reveal the identity of a confidential source;

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     e.  Defame or cause unwarranted damage to the good name or

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reputation of an individual or jeopardize the safety of an

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individual;

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     f.  Reveal examination techniques or procedures; or

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     g.  Reveal information that is confidential or exempt under

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sub-subparagraph 2.a. 2.b.

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     Section 2.  This act shall take effect July 1, 2008.