HB 7119

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 627.0628, F.S.; clarifying
4	the public records exemption for a trade secret used in
5	designing and constructing a hurricane loss model and
6	provided by a private company to the Florida Commission on
7	Hurricane Loss Projection Methodology, the Office of
8	Insurance Regulation, or an appointed consumer advocate to
9	specify that the exemption applies to trade secrets as
10	defined in the Uniform Trade Secrets Act; requiring a
11	recording of a closed meeting of the commission or of a
12	rate proceeding on an insurer's rate filing at which
13	confidential and exempt trade secrets are discussed;
14	creating a public records exemption for the recording of
15	the closed meeting; providing for future legislative
16	review and repeal of the exemption; providing a statement
17	of public necessity; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (f) of subsection (3) of section
22	627.0628, Florida Statutes, is amended to read:
23	627.0628  Florida Commission on Hurricane Loss Projection
24	Methodology; public records exemption; public meetings
25	exemption.-
26	(3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.-
27	(f)1.  A trade secret, as defined in s. 688.002 812.081,
28	that is used in designing and constructing a hurricane loss
29	model and that is provided pursuant to this section, by a
30	private company, to the commission, office, or consumer advocate
31	appointed pursuant to s. 627.0613, is confidential and exempt
32	from s. 119.07(1) and s. 24(a), Art. I of the State
33	Constitution.
34	2.a.  That portion of a meeting of the commission or of a
35	rate proceeding on an insurer's rate filing at which a trade
36	secret made confidential and exempt by this paragraph is
37	discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
38	State Constitution. The closed meeting must be recorded and no
39	portion of the closed meeting may be off the record.
40	b.  The recording of a closed portion of a meeting is
41	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
42	Constitution.
43	c.3.  This subparagraph paragraph is subject to the Open
44	Government Sunset Review Act in accordance with s. 119.15, and
45	shall stand repealed on October 2, 2015 2010, unless reviewed
46	and saved from repeal through reenactment by the Legislature.
47	Section 2.  The Legislature finds that it is a public
48	necessity to make exempt from public records requirements the
49	recording generated during those portions of a meeting of the
50	Florida Commission on Hurricane Loss Projection Methodology or
51	of a rate proceeding on an insurer's rate filing at which
52	confidential and exempt trade secrets are discussed. Release of
53	such recordings would compromise the discussions which took
54	place during the closed meeting and would negate the public
55	meetings exemption. Further, current law already provides a
56	public records exemption for trade secrets. As such, release of
57	the recording generated during those closed portions of meetings
58	would compromise the current protections already afforded trade
59	secrets.
60	Section 3.  This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.