| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act; amending s. 440.3851, F.S., which |
| 4 | provides an exemption from public records and public |
| 5 | meetings requirements for the Florida Self-Insurers |
| 6 | Guaranty Association, Incorporated; reorganizing the |
| 7 | section; removing the scheduled repeal of the exemptions; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 440.3851, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 440.3851 Public records and public meetings exemptions.- |
| 15 | (1) The following records of the Florida Self-Insurers |
| 16 | Guaranty Association, Incorporated, are confidential and exempt |
| 17 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 18 | Constitution: |
| 19 | (a) Claims files, until termination of all litigation and |
| 20 | settlement of all claims arising out of the same accident. |
| 21 | (b) Medical records that are part of a claims file and |
| 22 | other information relating to the medical condition or medical |
| 23 | status of a claimant. |
| 24 | (c) Minutes of exempt portions of meetings, as provided in |
| 25 | subsection (3), until termination of all litigation and |
| 26 | settlement of all claims with regard to that claim. |
| 27 | (2) Records or portions of records made confidential and |
| 28 | exempt by this section may be released, upon written request, to |
| 29 | another agency in the performance of that agency's official |
| 30 | duties and responsibilities. The receiving agency shall maintain |
| 31 | the confidential and exempt status of such record or portion of |
| 32 | a record. |
| 33 | (3)(a) That portion of a meeting of the association's |
| 34 | board of directors or any subcommittee of the association's |
| 35 | board at which records made confidential and exempt by this |
| 36 | section are discussed is exempt from s. 286.011 and s. 24(b), |
| 37 | Art. I of the State Constitution. |
| 38 | (b) All exempt portions of meetings shall be recorded and |
| 39 | transcribed. The board shall record the times of commencement |
| 40 | and termination of the meeting, all discussion and proceedings, |
| 41 | the names of all persons present at any time, and the names of |
| 42 | all persons speaking. An exempt portion of any meeting may not |
| 43 | be off the record. |
| 44 | (c) Subject to this section and s. 119.021(2), the court |
| 45 | reporter's notes of any exempt portion of a meeting shall be |
| 46 | retained by the association for a minimum of 5 years. |
| 47 | (d) A copy of the transcript of any exempt portion of a |
| 48 | meeting in which claims files are discussed shall become public |
| 49 | as to individual claims after settlement of the claim with any |
| 50 | confidential and exempt information redacted. |
| 51 | (4) This section is subject to the Open Government Sunset |
| 52 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 53 | on October 2, 2010, unless reviewed and saved from repeal |
| 54 | through reenactment by the Legislature. |
| 55 | Section 2. This act shall take effect October 1, 2010. |