| 1 | Representative Ross offered the following: |
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| 3 | Amendment to Amendment (870297) (with title amendment) |
| 4 | Remove line(s) 2871-2887 and insert: |
| 5 | (3) ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT.--It is the |
| 6 | intent of the Legislature that the principles of the public |
| 7 | records and open meetings laws apply to the assertion of |
| 8 | attorney-client privilege and work product confidentiality by |
| 9 | the office in connection with a challenge to its actions on a |
| 10 | rate filing. Therefore, in any administrative or judicial |
| 11 | proceeding relating to a rate filing, attorney-client privilege |
| 12 | and work product exemptions from disclosure do not apply to |
| 13 | communications with office attorneys or records prepared by or |
| 14 | at the direction of an office attorney, except when the |
| 15 | conditions of paragraphs (a) and (b) have been met: |
| 16 | (a) The communication or record reflects a mental |
| 17 | impression, conclusion, litigation strategy, or legal theory of |
| 18 | the attorney or office that was prepared exclusively for civil |
| 19 | or criminal litigation or adversarial administrative |
| 20 | proceedings. |
| 21 | (b) The communication occurred or the record was prepared |
| 22 | after the initiation of an action in a court of competent |
| 23 | jurisdiction, after the issuance of a notice of intent to deny a |
| 24 | rate filing, or after the filing of a request for a proceeding |
| 25 | under ss. 120.569 and 120.57. |
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| 31 | ----------------------------------------------------- |
| 32 | T I T L E A M E N D M E N T |
| 33 | Remove line(s) 3198-3199 and insert: |
| 34 | amending s. 215.555, F.S.; extending for an |
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