Bill Text: FL S0864 | 2017 | Regular Session | Introduced
Bill Title: Public Records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Criminal Justice [S0864 Detail]
Download: Florida-2017-S0864-Introduced.html
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.