Bill Text: FL H7089 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Florida Self-Insurers Guaranty Association [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-72 [H7089 Detail]

Download: Florida-2010-H7089-Introduced.html

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HB 7089

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
10	Be It Enacted by the Legislature of the State of Florida:
11
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.

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