| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 631.582, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for specified claims files, medical records |
| 5 | that are part of a claims file, information relating to |
| 6 | the medical condition or medical status of a claimant, and |
| 7 | records pertaining to matters reasonably encompassed in |
| 8 | privileged attorney-client communications of the Florida |
| 9 | Insurance Guaranty Association; providing for limited |
| 10 | duration of the exemption for claims files; providing for |
| 11 | release of records under specified conditions; providing |
| 12 | for future review and repeal of the exemption; providing a |
| 13 | statement of public necessity; providing an effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 631.582, Florida Statutes, is created |
| 19 | to read: |
| 20 | 631.582 Public records exemption.-- |
| 21 | (1) The following records of the Florida Insurance |
| 22 | Guaranty Association are confidential and exempt from s. |
| 23 | 119.07(1) and s. 24(a), Art. I of the State Constitution: |
| 24 | (a) Claims files, until termination of all litigation, |
| 25 | settlement, and final closing of all claims arising out of the |
| 26 | same incident, although portions of the claims files may remain |
| 27 | exempt, as otherwise provided by law. |
| 28 | (b) Medical records that are part of a claims file and |
| 29 | other information relating to the medical condition or medical |
| 30 | status of a claimant. |
| 31 | (c) Records pertaining to matters reasonably encompassed |
| 32 | in privileged attorney-client communications. |
| 33 | (2) Records or portions of records made confidential and |
| 34 | exempt by this section may be released, upon written request, to |
| 35 | any state agency in the performance of that agency's official |
| 36 | duties and responsibilities. The receiving agency shall maintain |
| 37 | the confidential and exempt status of such record or portion of |
| 38 | such record. |
| 39 | (3) This section is subject to the Open Government Sunset |
| 40 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 41 | on October 2, 2014, unless reviewed and saved from repeal |
| 42 | through reenactment by the Legislature. |
| 43 | Section 2. It is the finding of the Legislature that it is |
| 44 | a public necessity that specified claims files, medical records |
| 45 | that are part of a claims file, information relating to the |
| 46 | medical condition or medical status of a claimant, and records |
| 47 | pertaining to matters reasonably encompassed in privileged |
| 48 | attorney-client communications of the Florida Insurance Guaranty |
| 49 | Association be held confidential and exempt from public records |
| 50 | requirements. The Legislature finds that the Florida Insurance |
| 51 | Guaranty Association was created to stand in the place of |
| 52 | private property and casualty insurers if any such insurers |
| 53 | become insolvent. The Legislature finds that the exemption from |
| 54 | public records requirements for open claims files of the |
| 55 | association is necessary for the effective and efficient |
| 56 | administration of a government program created to insure |
| 57 | policyholders with claims against insolvent insurers. Claims |
| 58 | files are created by the insurer or the association after a |
| 59 | claim against one of the insolvent insurers is made. Claims |
| 60 | files contain detailed information about the claim, personal |
| 61 | information about the policyholder or claimant, information |
| 62 | detailing the evaluation of the legitimacy of the claim, and a |
| 63 | valuation of the award, if any, that should be made. Personal |
| 64 | information in a claims file may include information as to a |
| 65 | policyholder's personal finances, the value and nature of the |
| 66 | policyholder's assets, the architectural plans of a residential |
| 67 | or commercial structure, medical records and other information |
| 68 | related to the medical condition or medical status of a |
| 69 | claimant, and other information of a sensitive nature. The |
| 70 | Legislature finds that policyholders of a private market insurer |
| 71 | have an expectation that sensitive personal information |
| 72 | pertaining to them will be kept confidential and that this |
| 73 | privacy should not be abrogated due to the fact that the insurer |
| 74 | is later rendered insolvent. Additionally, medical records of a |
| 75 | claimant or personal identifying information concerning a |
| 76 | claimant would violate the privacy of the individual and could |
| 77 | cause unwarranted damage to his or her name and reputation. When |
| 78 | a claim is contested, the work product of legal counsel may also |
| 79 | be included in the file in the form of direction to claims |
| 80 | professionals. Allowing the claimant or the claimant's attorneys |
| 81 | access to the files, which could be used for purposes of |
| 82 | negotiation, claim evaluation, and settlement considerations, |
| 83 | would weaken the legal position of the association and could |
| 84 | result in higher awards and settlements paid out by the |
| 85 | association, which would ultimately be passed on to Floridians |
| 86 | through increased assessments on their insurance policies. |
| 87 | Section 3. This act shall take effect July 1, 2009. |