Bill Text: FL S7064 | 2014 | Regular Session | Introduced
Bill Title: Public Records and Meetings
Spectrum: Committee Bill
Status: (N/A - Dead) 2014-03-07 - Submit as committee bill by Governmental Oversight and Accountability (SB 1648) [S7064 Detail]
Download: Florida-2014-S7064-Introduced.html
Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7064 FOR CONSIDERATION By the Committee on Governmental Oversight and Accountability 585-02069-14 20147064__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 amending s. 119.01, F.S.; revising the general state 4 policy on public records; authorizing a person to make 5 a request to inspect or copy a public record at 6 certain agency offices; requiring certain information 7 be open for inspection and copying if public funds are 8 used in payment of dues or membership contributions; 9 providing an exception; amending s. 119.011, F.S.; 10 defining the terms “confidential and exempt” and 11 “exempt”; amending s. 119.07, F.S.; providing that 12 public records requests need not be in writing unless 13 otherwise required by law; requiring the custodian of 14 public records to provide a statutory citation to the 15 requester if a written request is required; 16 restricting the special service charge assessed by an 17 agency in producing records; amending s. 119.0701, 18 F.S.; revising contract requirements between a public 19 agency and a contractor; creating s. 119.0702, F.S.; 20 requiring each agency to provide training on the 21 requirements of ch. 119, F.S.; amending s. 119.12, 22 F.S.; specifying a reasonable cost of enforcement; 23 providing that a party filing an action against 24 certain agencies is not required to serve a copy of a 25 pleading claiming attorney fees on the Department of 26 Financial Services; requiring an agency to provide 27 notice of such pleading to the department; authorizing 28 the department to join the agency in defense of such 29 suit; amending s. 286.011, F.S.; providing that a 30 party filing an enforcement action against a board or 31 commission of a state agency is not required to serve 32 a copy of a pleading claiming attorney fees on the 33 Department of Financial Services; requiring the board 34 or commission to provide notice of such pleading to 35 the department; authorizing the department to join the 36 board or commission in defense of such suit; amending 37 ss. 257.35, 383.402, 497.140, 627.311, 627.351, 38 943.031, and 943.0313; conforming cross-references to 39 changes made by the act; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsection (3) of section 119.01, Florida 44 Statutes, is amended to read: 45 119.01 General state policy on public records.— 46 (3)(a) Any person may make a request to inspect or copy a 47 public record of an agency at any office of the respective 48 agency that is open to receive and provide government services 49 to the public. This subsection does not require that the 50 requested record be provided at the office at which the request 51 is made. 52 (b)IfPublic funds may not beareexpended by an agency in 53 payment of dues or membership contributions to aforanyperson, 54 as defined in s. 1.01, unless the followingcorporation,55foundation, trust, association, group, or other organization,56all the financial, business, and membershiprecords of such 57 person are open for inspection and copying:thatperson,58corporation, foundation, trust, association, group, or other59organizationwhich pertain to the public agency are public60records and subject to the provisions of s. 119.0761 1. All financial, business, and membership records that 62 pertain to the agency from which or on whose behalf the payment 63 of dues or membership contribution is made. 64 2. Any other record that a person has shared publicly, or 65 has presented to or shared with its members generally for no 66 cost other than the payment of dues or membership contributions. 67 (c) Information that is otherwise made confidential or 68 exempt pursuant to state or federal law is not subject to 69 paragraph (b). 70 Section 2. Section 119.011, Florida Statutes, is amended to 71 read: 72 119.011 Definitions.—As used in this chapter, the term: 73 (1) “Actual cost of duplication” means the cost of the 74 material and supplies used to duplicate the public record, but 75 does not include labor cost or overhead cost associated with 76 such duplication. 77 (2) “Agency” means any state, county, district, authority, 78 or municipal officer, department, division, board, bureau, 79 commission, or other separate unit of government created or 80 established by law including, for the purposes of this chapter, 81 the Commission on Ethics, the Public Service Commission,andthe 82 Office of Public Counsel, and any other public or private 83 agency, person, partnership, corporation, or business entity 84 acting on behalf of any public agency. 85 (3) “Confidential and exempt” means a record or information 86 that, pursuant to a specific statutory exemption, is not subject 87 to inspection or copying by the public and may be released only 88 to those persons and entities designated in the exemption. 89 (4)(a)(3)(a)“Criminal intelligence information” means 90 information with respect to an identifiable person or group of 91 persons collected by a criminal justice agency in an effort to 92 anticipate, prevent, or monitor possible criminal activity. 93 (b) “Criminal investigative information” means information 94 with respect to an identifiable person or group of persons 95 compiled by a criminal justice agency in the course of 96 conducting a criminal investigation of a specific act or 97 omission, including, but not limited to, information derived 98 from laboratory tests, reports of investigators or informants, 99 or any type of surveillance. 100 (c) “Criminal intelligence information” and “criminal 101 investigative information” doshallnot include: 102 1. The time, date, location, and nature of a reported 103 crime. 104 2. The name, sex, age, and address of a person arrested or 105 of the victim of a crime except as provided in s. 119.071(2)(h). 106 3. The time, date, and location of the incident and of the 107 arrest. 108 4. The crime charged. 109 5. Documents given or required by law or agency rule to be 110 given to the person arrested, except as provided in s. 111 119.071(2)(h), and, except that the court in a criminal case may 112 order that certain information required by law or agency rule to 113 be given to the person arrested be maintained in a confidential 114 manner and exempt from the provisions of s. 119.07(1) until 115 released at trial if it is found that the release of such 116 information would: 117 a. Be defamatory to the good name of a victim or witness or 118 would jeopardize the safety of such victim or witness; and 119 b. Impair the ability of a state attorney to locate or 120 prosecute a codefendant. 121 6. Informations and indictments except as provided in s. 122 905.26. 123 (d) With the exception of information in cases that are 124 barred from prosecution under s. 775.15 or another statute of 125 limitation, the termword“active” hasshall havethe following 126 meaning: 127 1. Criminal intelligence information isshall beconsidered 128 “active” ifas long asit is related to intelligence gathering 129 conducted with a reasonable, good faith belief that it will lead 130 to detection of ongoing or reasonably anticipated criminal 131 activities. 132 2. Criminal investigative information isshall be133 considered “active” ifas long asit is related to an ongoing 134 investigation that is being conductedwhich is continuingwith a 135 reasonable, good faith anticipation of securing an arrest or 136 prosecution in the foreseeable future. 137 3.In addition,Criminal intelligence information and 138 criminal investigative information areshall beconsidered 139 “active” ifwhilesuch information is directly related to 140 pending prosecutions or appeals.The word“active”shall not141applyto information in cases which are barred from prosecution142under the provisions of s. 775.15 or other statute of143limitation.144 (5)(4)“Criminal justice agency” means: 145 (a) AAnylaw enforcement agency, court, or prosecutor; 146 (b) AnotherAny otheragency charged by law with criminal 147 law enforcement duties; 148 (c) AnAnyagency having custody of criminal intelligence 149 information or criminal investigative information for the 150 purpose of assisting such law enforcement agencies in the 151 conduct of active criminal investigation or prosecution or for 152 the purpose of litigating civil actions under the Racketeer 153 Influenced and Corrupt Organization Act, during the time that 154 such agencies are in possession of criminal intelligence 155 information or criminal investigative information pursuant to 156 their criminal law enforcement duties; or 157 (d) The Department of Corrections. 158 (6)(5)“Custodian of public records” means the elected or 159 appointed state, county, or municipal officer charged with the 160 responsibility of maintaining the office having public records, 161 or his or her designee. 162 (7)(6)“Data processing software” means the programs and 163 routines used to employ and control the capabilities of data 164 processing hardware, including, but not limited to, operating 165 systems, compilers, assemblers, utilities, library routines, 166 maintenance routines, applications, and computer networking 167 programs. 168 (8)(7)“Duplicated copies” means new copies produced by 169 duplicating, as defined in s. 283.30. 170 (9) “Exempt” means a record or information that, pursuant 171 to a specific statutory exemption, is not subject to inspection 172 or copying by the public. However, such exempt records or 173 information may be disclosed or made available for inspection or 174 copying by the public at the discretion of the custodian of 175 public records, who shall determine whether there is a statutory 176 or other substantial need for disclosure. 177 (10)(8)“Exemption” means a provision of general law which 178 provides that a specified record or meeting, or portion thereof, 179 is not subject to the access requirements of s. 119.07(1), s. 180 286.011, or s. 24, Art. I of the State Constitution. 181 (11)(9)“Information technology resources” means data 182 processing hardware and software and services, communications, 183 supplies, personnel, facility resources, maintenance, and 184 training. 185 (12)(10)“Paratransit” has the same meaning as provided in 186 s. 427.011. 187 (13)(11)“Proprietary software” means data processing 188 software that is protected by copyright or trade secret laws. 189 (14)(12)“Public records” means all documents, papers, 190 letters, maps, books, tapes, photographs, films, sound 191 recordings, data processing software, or other material, 192 regardless of the physical form, characteristics, or means of 193 transmission, made or received pursuant to law or ordinance or 194 in connection with the transaction of official business by any 195 agency. 196 (15)(13)“Redact” means to conceal from a copy of an 197 original public record, or to conceal from an electronic image 198 that is available for public viewing, that portion of the record 199 containing exempt or confidential information. 200 (16)(14)“Sensitive,” as it relates tofor purposes of201definingagency-produced softwarethat is sensitive, means only 202 those portions of thedata processingsoftware, including the 203 specifications and documentation, which are used to: 204 (a) Collect, process, store, and retrieve information that 205 is exempt from s. 119.07(1); 206 (b) Collect, process, store, and retrieve financial 207 management information of the agency, such as payroll and 208 accounting records; or 209 (c) Control and direct access authorizations and security 210 measures for automated systems. 211 Section 3. Present paragraphs (c) through (i) of subsection 212 (1) of section 119.07, Florida Statutes, are redesignated as 213 paragraphs (d) through (j), respectively, present paragraph (i) 214 of that subsection is amended, a new paragraph (c) is added to 215 that subsection, and paragraph (d) of subsection (4) of that 216 section is amended, to read: 217 119.07 Inspection and copying of records; photographing 218 public records; fees; exemptions.— 219 (1) 220 (c) A public records request need not be made in writing 221 unless otherwise required by law. If a written request is 222 required by law, the custodian of public records must provide 223 the statutory citation to the requester. 224 (j)(i)The absence of a civil action instituted for the 225 purpose stated in paragraph (h)(g)does not relieve the 226 custodian of public records of the duty to maintain the record 227 as a public record if the record is in fact a public record 228 subject to public inspection and copying under this subsection 229 and does not otherwise excuse or exonerate the custodian of 230 public records from any unauthorized or unlawful disposition of 231 such record. 232 (4) The custodian of public records shall furnish a copy or 233 a certified copy of the record upon payment of the fee 234 prescribed by law. If a fee is not prescribed by law, the 235 following fees are authorized: 236 (d) If the nature or volume of public records requested to 237 be inspected or copied pursuant to this subsection is such as to 238 require extensive use of information technology resources or 239 extensive clerical or supervisory assistance by personnel of the 240 agency involved, or both, the agency may charge, in addition to 241 the actual cost of duplication, a reasonable special service 242 charge, which shall be reasonable and shall bebased on the 243 actual cost incurred or attributable to the agency for such 244 extensive use of information technology resources or the labor 245 cost of the personnel providing the service that is actually 246 incurred by the agency or attributable to the agency for the 247 clerical and supervisory assistance required, or both. The cost 248 of clerical or supervisory assistance may not exceed the rate of 249 the lowest paid personnel capable of providing such clerical or 250 supervisory assistance, and excludes employer-paid health 251 insurance premiums and other employer-paid benefits. 252 Section 4. Subsection (2) of section 119.0701, Florida 253 Statutes, is amended to read: 254 119.0701 Contracts; public records.— 255 (2) In addition to other contract requirements provided by 256 law, eachpublic agencycontract between a public agency and a 257 contractorfor servicesmust include a provision that requires 258 the contractor to comply with public records laws, specifically 259 to: 260 (a) Keep and maintain public records that ordinarily and 261 necessarily would be required by the public agency in order to 262 perform the service. 263 (b) Provide the public with access to public records on the 264 same terms and conditions that the public agency would provide 265 the records and at a cost that does not exceed the cost provided 266 in this chapter or as otherwise provided by law. 267 (c) Ensure that public records that are exempt or 268 confidential and exempt from public records disclosure 269 requirements are not disclosed except as authorized by law. 270 (d) Meet all requirements for retaining public records and 271 transfer,at no cost,to the public agency all public records in 272 possession of the contractor upon termination of the contract 273 and destroy any duplicate public records that are exempt or 274 confidential and exempt from public records disclosure 275 requirements. All records stored electronically must be provided 276 to the public agency in a format that is compatible with the 277 information technology systems of the public agency. 278 (e) Notify the public agency’s custodian of public records 279 before denying a request to inspect or copy a record held by the 280 contractor. This requirement does not impose any additional duty 281 on the public agency. 282 (f) Notify the public agency if the contractor is served 283 with a civil action to enforce the provisions of this chapter. 284 This requirement does not impose any additional duty on the 285 public agency. 286 Section 5. Section 119.0702, Florida Statutes, is created 287 to read: 288 119.0702 Training of agency staff.—Each agency must provide 289 training on the requirements of this chapter to each of its 290 employees. The training provided shall be commensurate with an 291 employee’s duties. 292 Section 6. Section 119.12, Florida Statutes, is amended to 293 read: 294 119.12 AttorneyAttorney’sfees.— 295 (1) If a civil action is filed against an agency to enforce 296 the provisions of this chapter and if the court determines that 297 such agency unlawfully refused to permit a public record to be 298 inspected or copied, the court shall assess and award,against 299 theagencyresponsible agency,the reasonable costs of 300 enforcementincluding reasonableattorneys’fees. 301 (2) The reasonable costs of enforcement include, but are 302 not limited to, reasonable attorney fees, including those fees 303 incurred in litigating entitlement to, and the determination or 304 quantification of, attorney fees for the underlying civil 305 action. At a minimum, the court shall award the reasonable costs 306 of enforcement for those counts upon which the plaintiff 307 prevailed. 308 (3) Notwithstanding s. 284.30, a party filing an action 309 against the state or any of its agencies covered by the State 310 Risk Management Trust Fund to enforce the provisions of this 311 chapter is not required to serve a copy of the pleading claiming 312 attorney fees on the Department of Financial Services. In order 313 to have attorney fees paid by the State Risk Management Trust 314 Fund, the agency against whom the action is brought shall 315 provide notice to the department of the pleading claiming 316 attorney fees upon receipt. The department may participate with 317 the agency in the defense of the suit and any appeal thereof 318 with respect to the attorney fees. 319 Section 7. Subsection (4) of section 286.011, Florida 320 Statutes, is amended to read: 321 286.011 Public meetings and records; public inspection; 322 criminal and civil penalties.— 323 (4)(a) Whenever an action has been filed against aany324 board or commission of aanystate agency or authority or anany325 agency or authority of aanycounty, municipal corporation, or 326 political subdivision to enforce the provisions of this section 327 or to invalidate the actions of any such board, commission, 328 agency, or authority, which action was taken in violation of 329 this section, and the court determines that the defendant or 330 defendants to such action acted in violation of this section, 331 the court shall assess a reasonable attorneyattorney’sfee 332 against such agency, and may assess a reasonable attorney 333attorney’sfee against the individual filing such an action if 334 the court finds it was filed in bad faith or was frivolous. Any 335 fees so assessed may be assessed against the individual member 336 or members of such board or commission; provided, that in any 337 case where the board or commission seeks the advice of its 338 attorney and such advice is followed,nosuch fees may notshall339 be assessed against the individual member or members of the 340 board or commission. However, this subsection doesshallnot 341 apply to a state attorney or his or her duly authorized 342 assistants or any officer charged with enforcing the provisions 343 of this section. 344 (b) Notwithstanding s. 284.30, a party filing an action to 345 enforce the provisions of this section against a board or 346 commission of a state agency is not required to serve a copy of 347 the pleading claiming attorney fees on the Department of 348 Financial Services. In order to have attorney fees paid by the 349 State Risk Management Trust Fund, the board or commission 350 against whom the action is brought shall provide notice to the 351 department of the pleading claiming attorney fees upon receipt. 352 The department may participate with the board or commission in 353 the defense of the suit and any appeal thereof with respect to 354 the attorney fees. 355 Section 8. Subsection (1) of section 257.35, Florida 356 Statutes, is amended to read: 357 257.35 Florida State Archives.— 358 (1) There is created within the Division of Library and 359 Information Services of the Department of State the Florida 360 State Archives for the preservation of those public records, as 361 defined in s. 119.011s.119.011(12), manuscripts, and other 362 archival material that have been determined by the division to 363 have sufficient historical or other value to warrant their 364 continued preservation and have been accepted by the division 365 for deposit in its custody. It is the duty and responsibility of 366 the division to: 367 (a) Organize and administer the Florida State Archives. 368 (b) Preserve and administer any such recordsas shall be369 transferred to its custody; accept, arrange, and preserve them, 370 according to approved archival practices; and allowpermitthem, 371 at reasonable times and under the supervision of the division, 372 to be inspected and copied. 373 (c) Assist the records and information management program 374 in the determination of retention values for records. 375 (d) Cooperate with and assist,insofaras practicable, 376 state institutions, departments, agencies, counties, 377 municipalities, and individuals engaged in activities in the 378 field of state archives, manuscripts, and history and accept 379 from any person any paper, book, record, or similar material 380 thatwhichin the judgment of the division warrants preservation 381 in the state archives. 382 (e) Provide a public research room where, under rules 383 established by the division, the materials in the state archives 384 may be studied. 385 (f) Conduct, promote, and encourage research in Florida 386 history, government, and culture and maintain a program of 387 information, assistance, coordination, and guidance for public 388 officials, educational institutions, libraries, the scholarly 389 community, and the general public engaged in such research. 390 (g) Cooperate with and,insofaras practicable, assist 391 agencies, libraries, institutions, and individuals in projects 392 designed to preserve original source materials relating to 393 Florida history, government, and culture and prepare and publish 394 handbooks, guides, indexes, and other literature directed toward 395 encouraging the preservation and use of the state’s documentary 396 resources. 397 (h) Encourage and initiate efforts to preserve, collect, 398 process, transcribe, index, and research the oral history of 399 Florida government. 400 (i) Assist and cooperate with the records and information 401 management program in the training and information program 402 described in s. 257.36(1)(g). 403 Section 9. Subsection (9) of section 383.402, Florida 404 Statutes, is amended to read: 405 383.402 Child abuse death review; State Child Abuse Death 406 Review Committee; local child abuse death review committees.— 407 (9) The State Child Abuse Death Review Committee or a local 408 committee shall have access to all information of a law 409 enforcement agency which is not the subject of an active 410 investigation and which pertains to the review of the death of a 411 child. A committee may not discloseanyinformation that is not 412 subject to public disclosure by the law enforcement agency, and 413 active criminal intelligence information or criminal 414 investigative information, as defined in s. 119.011s.415119.011(3), may not be made available for review or access under 416 this section. 417 Section 10. Subsection (5) of section 497.140, Florida 418 Statutes, is amended to read: 419 497.140 Fees.— 420 (5) The department shall charge a fee not to exceed $25 for 421 the certification of a public record. The fee shall be 422 determined by rule of the department. The department shall 423 assess a fee for duplication of a public record as provided in 424 s. 119.07(4)s. 119.07(1)(a) and (e). 425 Section 11. Paragraph (b) of subsection (4) of section 426 627.311, Florida Statutes, is amended to read: 427 627.311 Joint underwriters and joint reinsurers; public 428 records and public meetings exemptions.— 429 (4) The Florida Automobile Joint Underwriting Association: 430 (b) Shall keep portions of association meetings during 431 which confidential and exempt underwriting files or confidential 432 and exempt claims files are discussed exempt from the provisions 433 of s. 286.011 and s. 24(b), Art. I of the State Constitution. 434 All closed portions of association meetings shall be recorded by 435 a court reporter. The court reporter shall record the times of 436 commencement and termination of the meeting, all discussion and 437 proceedings, the names of all persons present at any time, and 438 the names of all persons speaking. No portion of any closed 439 meeting shall be off the record. Subject to the provisions of 440 this paragraph and s. 119.07(1)(e)-(g)s. 119.07(1)(d)-(f), the 441 court reporter’s notes of any closed meeting shall be retained 442 by the association for a minimum of 5 years. A copy of the 443 transcript, less any confidential and exempt information, of any 444 closed meeting during which confidential and exempt claims files 445 are discussed shall become public as to individual claims files 446 after settlement of that claim. 447 Section 12. Paragraph (x) of subsection (6) of section 448 627.351, Florida Statutes, is amended to read: 449 627.351 Insurance risk apportionment plans.— 450 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 451 (x)1. The following records of the corporation are 452 confidential and exempt fromthe provisions ofs. 119.07(1) and 453 s. 24(a), Art. I of the State Constitution: 454 a. Underwriting files, except that a policyholder or an 455 applicant shall have access to his or her own underwriting 456 files. Confidential and exempt underwriting file records may 457 also be released to other governmental agencies upon written 458 request and demonstration of need; such records held by the 459 receiving agency remain confidential and exempt as provided 460 herein. 461 b. Claims files, until termination of all litigation and 462 settlement of all claims arising out of the same incident, 463 although portions of the claims files may remain exempt, as 464 otherwise provided by law. Confidential and exempt claims file 465 records may be released to other governmental agencies upon 466 written request and demonstration of need; such records held by 467 the receiving agency remain confidential and exempt as provided 468 herein. 469 c. Records obtained or generated by an internal auditor 470 pursuant to a routine audit, until the audit is completed, or if 471 the audit is conducted as part of an investigation, until the 472 investigation is closed or ceases to be active. An investigation 473 is considered “active” while the investigation is being 474 conducted with a reasonable, good faith belief that it could 475 lead to the filing of administrative, civil, or criminal 476 proceedings. 477 d. Matters reasonably encompassed in privileged attorney 478 client communications. 479 e. Proprietary information licensed to the corporation 480 under contract and the contract provides for the confidentiality 481 of such proprietary information. 482 f. All information relating to the medical condition or 483 medical status of a corporation employee which is not relevant 484 to the employee’s capacity to perform his or her duties, except 485 as otherwise provided in this paragraph. Information that is 486 exempt shall include, but is not limited to, information 487 relating to workers’ compensation, insurance benefits, and 488 retirement or disability benefits. 489 g. Upon an employee’s entrance into the employee assistance 490 program, a program to assist any employee who has a behavioral 491 or medical disorder, substance abuse problem, or emotional 492 difficulty which affects the employee’s job performance, all 493 records relative to that participation shall be confidential and 494 exempt fromthe provisions ofs. 119.07(1) and s. 24(a), Art. I 495 of the State Constitution, except as otherwise provided in s. 496 112.0455(11). 497 h. Information relating to negotiations for financing, 498 reinsurance, depopulation, or contractual services, until the 499 conclusion of the negotiations. 500 i. Minutes of closed meetings regarding underwriting files, 501 and minutes of closed meetings regarding an open claims file 502 until termination of all litigation and settlement of all claims 503 with regard to that claim, except that information otherwise 504 confidential or exempt by law shall be redacted. 505 2. If an authorized insurer is considering underwriting a 506 risk insured by the corporation, relevant underwriting files and 507 confidential claims files may be released to the insurer 508 provided the insurer agrees in writing, notarized and under 509 oath, to maintain the confidentiality of such files. If a file 510 is transferred to an insurer, that file is no longer a public 511 record because it is not held by an agency subject to the 512 provisions of the public records law. Underwriting files and 513 confidential claims files may also be released to staff and the 514 board of governors of the market assistance plan established 515 pursuant to s. 627.3515, who must retain the confidentiality of 516 such files, except such files may be released to authorized 517 insurers that are considering assuming the risks to which the 518 files apply, provided the insurer agrees in writing, notarized 519 and under oath, to maintain the confidentiality of such files. 520 Finally, the corporation or the board or staff of the market 521 assistance plan may make the following information obtained from 522 underwriting files and confidential claims files available to 523 licensed general lines insurance agents: name, address, and 524 telephone number of the residential property owner or insured; 525 location of the risk; rating information; loss history; and 526 policy type. The receiving licensed general lines insurance 527 agent must retain the confidentiality of the information 528 received. 529 3. A policyholder who has filed suit against the 530 corporation has the right to discover the contents of his or her 531 own claims file to the same extent that discovery of such 532 contents would be available from a private insurer in litigation 533 as provided by the Florida Rules of Civil Procedure, the Florida 534 Evidence Code, and other applicable law. Pursuant to subpoena, a 535 third party has the right to discover the contents of an 536 insured’s or applicant’s underwriting or claims file to the same 537 extent that discovery of such contents would be available from a 538 private insurer by subpoena as provided by the Florida Rules of 539 Civil Procedure, the Florida Evidence Code, and other applicable 540 law, and subject to any confidentiality protections requested by 541 the corporation and agreed to by the seeking party or ordered by 542 the court. The corporation may release confidential underwriting 543 and claims file contents and information as it deems necessary 544 and appropriate to underwrite or service insurance policies and 545 claims, subject to any confidentiality protections deemed 546 necessary and appropriate by the corporation. 547 4. Portions of meetings of the corporation are exempt from 548the provisions ofs. 286.011 and s. 24(b), Art. I of the State 549 Constitution wherein confidential underwriting files or 550 confidential open claims files are discussed. All portions of 551 corporation meetings which are closed to the public shall be 552 recorded by a court reporter. The court reporter shall record 553 the times of commencement and termination of the meeting, all 554 discussion and proceedings, the names of all persons present at 555 any time, and the names of all persons speaking. No portion of 556 any closed meeting shall be off the record. Subject to the 557 provisions hereof and s. 119.07(1)(e)-(g)s. 119.07(1)(d)-(f), 558 the court reporter’s notes of any closed meeting shall be 559 retained by the corporation for a minimum of 5 years. A copy of 560 the transcript, less any exempt matters, of any closed meeting 561 wherein claims are discussed shall become public as to 562 individual claims after settlement of the claim. 563 Section 13. Paragraph (b) of subsection (9) of section 564 943.031, Florida Statutes, is amended to read: 565 943.031 Florida Violent Crime and Drug Control Council.— 566 (9) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS 567 AND RECORDS.— 568 (b) The Florida Violent Crime and Drug Control Council is 569shall beconsidered a “criminal justice agency,” as that term is 570 defined in s. 119.011within the definition ofs.119.011(4). 571 Section 14. Subsection (7) of section 943.0313, Florida 572 Statutes, is amended to read: 573 943.0313 Domestic Security Oversight Council.—The 574 Legislature finds that there exists a need to provide executive 575 direction and leadership with respect to terrorism prevention, 576 preparation, protection, response, and recovery efforts by state 577 and local agencies in this state. In recognition of this need, 578 the Domestic Security Oversight Council is hereby created. The 579 council shall serve as an advisory council pursuant to s. 580 20.03(7) to provide guidance to the state’s regional domestic 581 security task forces and other domestic security working groups 582 and to make recommendations to the Governor and the Legislature 583 regarding the expenditure of funds and allocation of resources 584 related to counter-terrorism and domestic security efforts. 585 (7) AGENCY DESIGNATION.—For purposes of this section, the 586 Domestic Security Oversight Council isshall beconsidered a 587 criminal justice agency, as that term is defined in s. 119.011 588within the definition ofs.119.011(4). 589 Section 15. This act shall take effect July 1, 2014.