Bill Text: FL S1662 | 2010 | Regular Session | Comm Sub

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

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-21 - Placed on Special Order Calendar; Read 2nd time -SJ 00679; Substituted HB 7089 -SJ 00679; Laid on Table, companion bill(s) passed, see HB 7089 (Ch. 2010-72) -SJ 00679 [S1662 Detail]

Download: Florida-2010-S1662-Comm_Sub.html

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       Florida Senate - 2010                             CS for SB 1662 
        
       By the Committees on Governmental Oversight and Accountability; 
       and Banking and Insurance 
       585-04922-10                                          20101662c1 
    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., 
    4         relating to an exemption from public records and 
    5         public meetings requirements for the Florida Self 
    6         Insurers Guaranty Association, Inc.; removing the 
    7         scheduled repeal of certain exemptions; providing an 
    8         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 board 
   34  of directors or any subcommittee of the association’s board at 
   35  which records made confidential and exempt by this section are 
   36  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 
   37  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.