Florida Senate - 2017                                     SB 864
       
       
        
       By Senator Baxley
       
       12-01447-17                                            2017864__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 119.07,
    3         F.S.; requiring that requests to inspect or copy
    4         records in the custody of a law enforcement agency be
    5         made to a certain individual; conforming a cross
    6         reference; amending s. 497.140, F.S.; correcting a
    7         cross-reference; amending ss. 627.311 and 627.351,
    8         F.S.; conforming cross-references; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present paragraphs (c) through (i) of subsection
   14  (1) of section 119.07, Florida Statutes, are redesignated as
   15  paragraphs (d) through (j), respectively, a new paragraph (c) is
   16  added to that subsection, and present paragraph (i) is amended,
   17  to read:
   18         119.07 Inspection and copying of records; photographing
   19  public records; fees; exemptions.—
   20         (1)
   21         (c)A request to inspect or copy public records in the
   22  custody of a law enforcement agency must be made directly to the
   23  head of the agency or, if the head of the agency has designated
   24  another individual to permit the inspection or copying of public
   25  records, to his or her designee.
   26         (j)(i) The absence of a civil action instituted for the
   27  purpose stated in paragraph (h) (g) does not relieve the
   28  custodian of public records of the duty to maintain the record
   29  as a public record if the record is in fact a public record
   30  subject to public inspection and copying under this subsection
   31  and does not otherwise excuse or exonerate the custodian of
   32  public records from any unauthorized or unlawful disposition of
   33  such record.
   34         Section 2. Subsection (5) of section 497.140, Florida
   35  Statutes, is amended to read:
   36         497.140 Fees.—
   37         (5) The department shall charge a fee not to exceed $25 for
   38  the certification of a public record. The fee shall be
   39  determined by rule of the department. The department shall
   40  assess a fee for duplication of a public record as provided in
   41  s. 119.07(4) 119.07(1)(a) and (e).
   42         Section 3. Paragraph (b) of subsection (4) of section
   43  627.311, Florida Statutes, is amended to read:
   44         627.311 Joint underwriters and joint reinsurers; public
   45  records and public meetings exemptions.—
   46         (4) The Florida Automobile Joint Underwriting Association:
   47         (b) Shall keep portions of association meetings during
   48  which confidential and exempt underwriting files or confidential
   49  and exempt claims files are discussed exempt from the provisions
   50  of s. 286.011 and s. 24(b), Art. I of the State Constitution.
   51  All closed portions of association meetings shall be recorded by
   52  a court reporter. The court reporter shall record the times of
   53  commencement and termination of the meeting, all discussion and
   54  proceedings, the names of all persons present at any time, and
   55  the names of all persons speaking. No portion of any closed
   56  meeting shall be off the record. Subject to the provisions of
   57  this paragraph and s. 119.07(1)(e)-(g) 119.07(1)(d)-(f), the
   58  court reporter’s notes of any closed meeting shall be retained
   59  by the association for a minimum of 5 years. A copy of the
   60  transcript, less any confidential and exempt information, of any
   61  closed meeting during which confidential and exempt claims files
   62  are discussed shall become public as to individual claims files
   63  after settlement of that claim.
   64         Section 4. Paragraph (x) of subsection (6) of section
   65  627.351, Florida Statutes, is amended to read:
   66         627.351 Insurance risk apportionment plans.—
   67         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   68         (x)1. The following records of the corporation are
   69  confidential and exempt from the provisions of s. 119.07(1) and
   70  s. 24(a), Art. I of the State Constitution:
   71         a. Underwriting files, except that a policyholder or an
   72  applicant shall have access to his or her own underwriting
   73  files. Confidential and exempt underwriting file records may
   74  also be released to other governmental agencies upon written
   75  request and demonstration of need; such records held by the
   76  receiving agency remain confidential and exempt as provided
   77  herein.
   78         b. Claims files, until termination of all litigation and
   79  settlement of all claims arising out of the same incident,
   80  although portions of the claims files may remain exempt, as
   81  otherwise provided by law. Confidential and exempt claims file
   82  records may be released to other governmental agencies upon
   83  written request and demonstration of need; such records held by
   84  the receiving agency remain confidential and exempt as provided
   85  herein.
   86         c. Records obtained or generated by an internal auditor
   87  pursuant to a routine audit, until the audit is completed, or if
   88  the audit is conducted as part of an investigation, until the
   89  investigation is closed or ceases to be active. An investigation
   90  is considered “active” while the investigation is being
   91  conducted with a reasonable, good faith belief that it could
   92  lead to the filing of administrative, civil, or criminal
   93  proceedings.
   94         d. Matters reasonably encompassed in privileged attorney
   95  client communications.
   96         e. Proprietary information licensed to the corporation
   97  under contract and the contract provides for the confidentiality
   98  of such proprietary information.
   99         f. All information relating to the medical condition or
  100  medical status of a corporation employee which is not relevant
  101  to the employee’s capacity to perform his or her duties, except
  102  as otherwise provided in this paragraph. Information that is
  103  exempt shall include, but is not limited to, information
  104  relating to workers’ compensation, insurance benefits, and
  105  retirement or disability benefits.
  106         g. Upon an employee’s entrance into the employee assistance
  107  program, a program to assist any employee who has a behavioral
  108  or medical disorder, substance abuse problem, or emotional
  109  difficulty that affects the employee’s job performance, all
  110  records relative to that participation shall be confidential and
  111  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  112  of the State Constitution, except as otherwise provided in s.
  113  112.0455(11).
  114         h. Information relating to negotiations for financing,
  115  reinsurance, depopulation, or contractual services, until the
  116  conclusion of the negotiations.
  117         i. Minutes of closed meetings regarding underwriting files,
  118  and minutes of closed meetings regarding an open claims file
  119  until termination of all litigation and settlement of all claims
  120  with regard to that claim, except that information otherwise
  121  confidential or exempt by law shall be redacted.
  122         2. If an authorized insurer is considering underwriting a
  123  risk insured by the corporation, relevant underwriting files and
  124  confidential claims files may be released to the insurer
  125  provided the insurer agrees in writing, notarized and under
  126  oath, to maintain the confidentiality of such files. If a file
  127  is transferred to an insurer, that file is no longer a public
  128  record because it is not held by an agency subject to the
  129  provisions of the public records law. Underwriting files and
  130  confidential claims files may also be released to staff and the
  131  board of governors of the market assistance plan established
  132  pursuant to s. 627.3515, who must retain the confidentiality of
  133  such files, except such files may be released to authorized
  134  insurers that are considering assuming the risks to which the
  135  files apply, provided the insurer agrees in writing, notarized
  136  and under oath, to maintain the confidentiality of such files.
  137  Finally, the corporation or the board or staff of the market
  138  assistance plan may make the following information obtained from
  139  underwriting files and confidential claims files available to an
  140  entity that has obtained a permit to become an authorized
  141  insurer, a reinsurer that may provide reinsurance under s.
  142  624.610, a licensed reinsurance broker, a licensed rating
  143  organization, a modeling company, or a licensed general lines
  144  insurance agent: name, address, and telephone number of the
  145  residential property owner or insured; location of the risk;
  146  rating information; loss history; and policy type. The receiving
  147  person must retain the confidentiality of the information
  148  received and may use the information only for the purposes of
  149  developing a take-out plan or a rating plan to be submitted to
  150  the office for approval or otherwise analyzing the underwriting
  151  of a risk or risks insured by the corporation on behalf of the
  152  private insurance market. A licensed general lines insurance
  153  agent may not use such information for the direct solicitation
  154  of policyholders.
  155         3. A policyholder who has filed suit against the
  156  corporation has the right to discover the contents of his or her
  157  own claims file to the same extent that discovery of such
  158  contents would be available from a private insurer in litigation
  159  as provided by the Florida Rules of Civil Procedure, the Florida
  160  Evidence Code, and other applicable law. Pursuant to subpoena, a
  161  third party has the right to discover the contents of an
  162  insured’s or applicant’s underwriting or claims file to the same
  163  extent that discovery of such contents would be available from a
  164  private insurer by subpoena as provided by the Florida Rules of
  165  Civil Procedure, the Florida Evidence Code, and other applicable
  166  law, and subject to any confidentiality protections requested by
  167  the corporation and agreed to by the seeking party or ordered by
  168  the court. The corporation may release confidential underwriting
  169  and claims file contents and information as it deems necessary
  170  and appropriate to underwrite or service insurance policies and
  171  claims, subject to any confidentiality protections deemed
  172  necessary and appropriate by the corporation.
  173         4. Portions of meetings of the corporation are exempt from
  174  the provisions of s. 286.011 and s. 24(b), Art. I of the State
  175  Constitution wherein confidential underwriting files or
  176  confidential open claims files are discussed. All portions of
  177  corporation meetings which are closed to the public shall be
  178  recorded by a court reporter. The court reporter shall record
  179  the times of commencement and termination of the meeting, all
  180  discussion and proceedings, the names of all persons present at
  181  any time, and the names of all persons speaking. No portion of
  182  any closed meeting shall be off the record. Subject to the
  183  provisions hereof and s. 119.07(1)(e)-(g) 119.07(1)(d)-(f), the
  184  court reporter’s notes of any closed meeting shall be retained
  185  by the corporation for a minimum of 5 years. A copy of the
  186  transcript, less any exempt matters, of any closed meeting
  187  wherein claims are discussed shall become public as to
  188  individual claims after settlement of the claim.
  189         Section 5. This act shall take effect July 1, 2017.