Bill Text: FL S1648 | 2014 | Regular Session | Introduced


Bill Title: Public Records and Meetings

Spectrum: Committee Bill

Status: (Failed) 2014-05-02 - Died in Messages [S1648 Detail]

Download: Florida-2014-S1648-Introduced.html
       Florida Senate - 2014                                    SB 1648
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-02226-14                                          20141648__
    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; requiring certain
    5         information to be open for inspection and copying if
    6         public funds are used in payment of dues or membership
    7         contributions; providing an exception; amending s.
    8         119.011, F.S.; defining the terms “confidential and
    9         exempt” and “exempt”; amending s. 119.07, F.S.;
   10         providing that public records requests need not be in
   11         writing unless otherwise required by law; requiring
   12         the custodian of public records to provide a statutory
   13         citation to the requester if a written request is
   14         required; restricting the special service charge
   15         assessed by an agency in producing records; amending
   16         s. 119.0701, F.S.; revising contract requirements
   17         between a public agency and a contractor; creating s.
   18         119.0702, F.S.; requiring each agency to provide
   19         training on the requirements of ch. 119, F.S.;
   20         amending s. 119.12, F.S.; specifying a reasonable cost
   21         of enforcement; providing that a party filing an
   22         action against certain agencies is not required to
   23         serve a copy of a pleading claiming attorney fees on
   24         the Department of Financial Services; requiring an
   25         agency to provide notice of such pleading to the
   26         department; authorizing the department to join the
   27         agency in defense of such suit; amending s. 286.011,
   28         F.S.; providing that a party filing an enforcement
   29         action against a board or commission of a state agency
   30         is not required to serve a copy of a pleading claiming
   31         attorney fees on the Department of Financial Services;
   32         requiring the board or commission to provide notice of
   33         such pleading to the department; authorizing the
   34         department to join the board or commission in defense
   35         of such suit; amending ss. 257.35, 383.402, 497.140,
   36         627.311, 627.351, 943.031, and 943.0313; conforming
   37         cross-references to changes made by the act; providing
   38         an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (3) of section 119.01, Florida
   43  Statutes, is amended to read:
   44         119.01 General state policy on public records.—
   45         (3)(a)If Public funds may not be are expended by an agency
   46  in payment of dues or membership contributions to a for any
   47  person, as defined in s. 1.01, unless the following corporation,
   48  foundation, trust, association, group, or other organization,
   49  all the financial, business, and membership records of such
   50  person are open for inspection and copying: that person,
   51  corporation, foundation, trust, association, group, or other
   52  organization which pertain to the public agency are public
   53  records and subject to the provisions of s. 119.07
   54         1. All financial, business, and membership records that
   55  pertain to the agency from which or on whose behalf the payment
   56  of dues or membership contribution is made.
   57         2. Any other record that a person has shared publicly, or
   58  has presented to or shared with its members generally for no
   59  cost other than the payment of dues or membership contributions.
   60         (b) Information that is otherwise made confidential or
   61  exempt pursuant to state or federal law is not subject to
   62  paragraph (a).
   63         Section 2. Section 119.011, Florida Statutes, is amended to
   64  read:
   65         119.011 Definitions.—As used in this chapter, the term:
   66         (1) “Actual cost of duplication” means the cost of the
   67  material and supplies used to duplicate the public record, but
   68  does not include labor cost or overhead cost associated with
   69  such duplication.
   70         (2) “Agency” means any state, county, district, authority,
   71  or municipal officer, department, division, board, bureau,
   72  commission, or other separate unit of government created or
   73  established by law including, for the purposes of this chapter,
   74  the Commission on Ethics, the Public Service Commission, and the
   75  Office of Public Counsel, and any other public or private
   76  agency, person, partnership, corporation, or business entity
   77  acting on behalf of any public agency.
   78         (3) “Confidential and exempt” means a record or information
   79  that, pursuant to a specific statutory exemption, is not subject
   80  to inspection or copying by the public and may be released only
   81  to those persons and entities designated in the exemption.
   82         (4)(a)(3)(a) “Criminal intelligence information” means
   83  information with respect to an identifiable person or group of
   84  persons collected by a criminal justice agency in an effort to
   85  anticipate, prevent, or monitor possible criminal activity.
   86         (b) “Criminal investigative information” means information
   87  with respect to an identifiable person or group of persons
   88  compiled by a criminal justice agency in the course of
   89  conducting a criminal investigation of a specific act or
   90  omission, including, but not limited to, information derived
   91  from laboratory tests, reports of investigators or informants,
   92  or any type of surveillance.
   93         (c) “Criminal intelligence information” and “criminal
   94  investigative information” do shall not include:
   95         1. The time, date, location, and nature of a reported
   96  crime.
   97         2. The name, sex, age, and address of a person arrested or
   98  of the victim of a crime except as provided in s. 119.071(2)(h).
   99         3. The time, date, and location of the incident and of the
  100  arrest.
  101         4. The crime charged.
  102         5. Documents given or required by law or agency rule to be
  103  given to the person arrested, except as provided in s.
  104  119.071(2)(h), and, except that the court in a criminal case may
  105  order that certain information required by law or agency rule to
  106  be given to the person arrested be maintained in a confidential
  107  manner and exempt from the provisions of s. 119.07(1) until
  108  released at trial if it is found that the release of such
  109  information would:
  110         a. Be defamatory to the good name of a victim or witness or
  111  would jeopardize the safety of such victim or witness; and
  112         b. Impair the ability of a state attorney to locate or
  113  prosecute a codefendant.
  114         6. Informations and indictments except as provided in s.
  115  905.26.
  116         (d) With the exception of information in cases that are
  117  barred from prosecution under s. 775.15 or another statute of
  118  limitation, the term word “active” has shall have the following
  119  meaning:
  120         1. Criminal intelligence information is shall be considered
  121  “active” if as long as it is related to intelligence gathering
  122  conducted with a reasonable, good faith belief that it will lead
  123  to detection of ongoing or reasonably anticipated criminal
  124  activities.
  125         2. Criminal investigative information is shall be
  126  considered “active” if as long as it is related to an ongoing
  127  investigation that is being conducted which is continuing with a
  128  reasonable, good faith anticipation of securing an arrest or
  129  prosecution in the foreseeable future.
  130         3. In addition, Criminal intelligence information and
  131  criminal investigative information are shall be considered
  132  “active” if while such information is directly related to
  133  pending prosecutions or appeals. The word “active” shall not
  134  apply to information in cases which are barred from prosecution
  135  under the provisions of s. 775.15 or other statute of
  136  limitation.
  137         (5)(4) “Criminal justice agency” means:
  138         (a) A Any law enforcement agency, court, or prosecutor;
  139         (b) Another Any other agency charged by law with criminal
  140  law enforcement duties;
  141         (c) An Any agency having custody of criminal intelligence
  142  information or criminal investigative information for the
  143  purpose of assisting such law enforcement agencies in the
  144  conduct of active criminal investigation or prosecution or for
  145  the purpose of litigating civil actions under the Racketeer
  146  Influenced and Corrupt Organization Act, during the time that
  147  such agencies are in possession of criminal intelligence
  148  information or criminal investigative information pursuant to
  149  their criminal law enforcement duties; or
  150         (d) The Department of Corrections.
  151         (6)(5) “Custodian of public records” means the elected or
  152  appointed state, county, or municipal officer charged with the
  153  responsibility of maintaining the office having public records,
  154  or his or her designee.
  155         (7)(6) “Data processing software” means the programs and
  156  routines used to employ and control the capabilities of data
  157  processing hardware, including, but not limited to, operating
  158  systems, compilers, assemblers, utilities, library routines,
  159  maintenance routines, applications, and computer networking
  160  programs.
  161         (8)(7) “Duplicated copies” means new copies produced by
  162  duplicating, as defined in s. 283.30.
  163         (9) “Exempt” means a record or information that, pursuant
  164  to a specific statutory exemption, is not subject to inspection
  165  or copying by the public. However, such exempt records or
  166  information may be disclosed or made available for inspection or
  167  copying by the public at the discretion of the custodian of
  168  public records, who shall determine whether there is a statutory
  169  or other substantial need for disclosure.
  170         (10)(8) “Exemption” means a provision of general law which
  171  provides that a specified record or meeting, or portion thereof,
  172  is not subject to the access requirements of s. 119.07(1), s.
  173  286.011, or s. 24, Art. I of the State Constitution.
  174         (11)(9) “Information technology resources” means data
  175  processing hardware and software and services, communications,
  176  supplies, personnel, facility resources, maintenance, and
  177  training.
  178         (12)(10) “Paratransit” has the same meaning as provided in
  179  s. 427.011.
  180         (13)(11) “Proprietary software” means data processing
  181  software that is protected by copyright or trade secret laws.
  182         (14)(12) “Public records” means all documents, papers,
  183  letters, maps, books, tapes, photographs, films, sound
  184  recordings, data processing software, or other material,
  185  regardless of the physical form, characteristics, or means of
  186  transmission, made or received pursuant to law or ordinance or
  187  in connection with the transaction of official business by any
  188  agency.
  189         (15)(13) “Redact” means to conceal from a copy of an
  190  original public record, or to conceal from an electronic image
  191  that is available for public viewing, that portion of the record
  192  containing exempt or confidential information.
  193         (16)(14) “Sensitive,” as it relates to for purposes of
  194  defining agency-produced software that is sensitive, means only
  195  those portions of the data processing software, including the
  196  specifications and documentation, which are used to:
  197         (a) Collect, process, store, and retrieve information that
  198  is exempt from s. 119.07(1);
  199         (b) Collect, process, store, and retrieve financial
  200  management information of the agency, such as payroll and
  201  accounting records; or
  202         (c) Control and direct access authorizations and security
  203  measures for automated systems.
  204         Section 3. Present paragraphs (c) through (i) of subsection
  205  (1) of section 119.07, Florida Statutes, are redesignated as
  206  paragraphs (d) through (j), respectively, present paragraph (i)
  207  of that subsection is amended, a new paragraph (c) is added to
  208  that subsection, and paragraph (d) of subsection (4) of that
  209  section is amended, to read:
  210         119.07 Inspection and copying of records; photographing
  211  public records; fees; exemptions.—
  212         (1)
  213         (c) A public records request need not be made in writing
  214  unless otherwise required by law. If a written request is
  215  required by law, the custodian of public records must provide
  216  the statutory citation to the requester.
  217         (j)(i) The absence of a civil action instituted for the
  218  purpose stated in paragraph (h) (g) does not relieve the
  219  custodian of public records of the duty to maintain the record
  220  as a public record if the record is in fact a public record
  221  subject to public inspection and copying under this subsection
  222  and does not otherwise excuse or exonerate the custodian of
  223  public records from any unauthorized or unlawful disposition of
  224  such record.
  225         (4) The custodian of public records shall furnish a copy or
  226  a certified copy of the record upon payment of the fee
  227  prescribed by law. If a fee is not prescribed by law, the
  228  following fees are authorized:
  229         (d) If the nature or volume of public records requested to
  230  be inspected or copied pursuant to this subsection is such as to
  231  require extensive use of information technology resources or
  232  extensive clerical or supervisory assistance by personnel of the
  233  agency involved, or both, the agency may charge, in addition to
  234  the actual cost of duplication, a reasonable special service
  235  charge, which shall be reasonable and shall be based on the
  236  actual cost incurred or attributable to the agency for such
  237  extensive use of information technology resources or the labor
  238  cost of the personnel providing the service that is actually
  239  incurred by the agency or attributable to the agency for the
  240  clerical and supervisory assistance required, or both. The cost
  241  of clerical or supervisory assistance may not exceed the rate of
  242  the lowest paid personnel capable of providing such clerical or
  243  supervisory assistance, and excludes employer-paid health
  244  insurance premiums and other employer-paid benefits.
  245         Section 4. Subsection (2) of section 119.0701, Florida
  246  Statutes, is amended to read:
  247         119.0701 Contracts; public records.—
  248         (2) In addition to other contract requirements provided by
  249  law, each public agency contract between a public agency and a
  250  contractor for services must include a provision that requires
  251  the contractor to comply with public records laws, specifically
  252  to:
  253         (a) Keep and maintain public records that ordinarily and
  254  necessarily would be required by the public agency in order to
  255  perform the service.
  256         (b) Provide the public with access to public records on the
  257  same terms and conditions that the public agency would provide
  258  the records and at a cost that does not exceed the cost provided
  259  in this chapter or as otherwise provided by law.
  260         (c) Ensure that public records that are exempt or
  261  confidential and exempt from public records disclosure
  262  requirements are not disclosed except as authorized by law.
  263         (d) Meet all requirements for retaining public records and
  264  transfer, at no cost, to the public agency all public records in
  265  possession of the contractor upon termination of the contract
  266  and destroy any duplicate public records that are exempt or
  267  confidential and exempt from public records disclosure
  268  requirements. All records stored electronically must be provided
  269  to the public agency in a format that is compatible with the
  270  information technology systems of the public agency.
  271         (e) Notify the public agency’s custodian of public records
  272  before denying a request to inspect or copy a record held by the
  273  contractor. This requirement does not impose any additional duty
  274  on the public agency.
  275         (f) Notify the public agency if the contractor is served
  276  with a civil action to enforce the provisions of this chapter.
  277  This requirement does not impose any additional duty on the
  278  public agency.
  279         Section 5. Section 119.0702, Florida Statutes, is created
  280  to read:
  281         119.0702 Training of agency staff.—Each agency must provide
  282  training on the requirements of this chapter to each of its
  283  employees. The training provided shall be commensurate with an
  284  employee’s duties.
  285         Section 6. Section 119.12, Florida Statutes, is amended to
  286  read:
  287         119.12 Attorney Attorney’s fees.—
  288         (1) If a civil action is filed against an agency to enforce
  289  the provisions of this chapter and if the court determines that
  290  such agency unlawfully refused to permit a public record to be
  291  inspected or copied, the court shall assess and award, against
  292  the agency responsible agency, the reasonable costs of
  293  enforcement including reasonable attorneys’ fees.
  294         (2) The reasonable costs of enforcement include, but are
  295  not limited to, reasonable attorney fees, including those fees
  296  incurred in litigating entitlement to, and the determination or
  297  quantification of, attorney fees for the underlying civil
  298  action. At a minimum, the court shall award the reasonable costs
  299  of enforcement for those counts upon which the plaintiff
  300  prevailed.
  301         (3) Notwithstanding s. 284.30, a party filing an action
  302  against the state or any of its agencies covered by the State
  303  Risk Management Trust Fund to enforce the provisions of this
  304  chapter is not required to serve a copy of the pleading claiming
  305  attorney fees on the Department of Financial Services. In order
  306  to have attorney fees paid by the State Risk Management Trust
  307  Fund, the agency against whom the action is brought shall
  308  provide notice to the department of the pleading claiming
  309  attorney fees upon receipt. The department may participate with
  310  the agency in the defense of the suit and any appeal thereof
  311  with respect to the attorney fees.
  312         Section 7. Subsection (4) of section 286.011, Florida
  313  Statutes, is amended to read:
  314         286.011 Public meetings and records; public inspection;
  315  criminal and civil penalties.—
  316         (4)(a) Whenever an action has been filed against a any
  317  board or commission of a any state agency or authority or an any
  318  agency or authority of a any county, municipal corporation, or
  319  political subdivision to enforce the provisions of this section
  320  or to invalidate the actions of any such board, commission,
  321  agency, or authority, which action was taken in violation of
  322  this section, and the court determines that the defendant or
  323  defendants to such action acted in violation of this section,
  324  the court shall assess a reasonable attorney attorney’s fee
  325  against such agency, and may assess a reasonable attorney
  326  attorney’s fee against the individual filing such an action if
  327  the court finds it was filed in bad faith or was frivolous. Any
  328  fees so assessed may be assessed against the individual member
  329  or members of such board or commission; provided, that in any
  330  case where the board or commission seeks the advice of its
  331  attorney and such advice is followed, no such fees may not shall
  332  be assessed against the individual member or members of the
  333  board or commission. However, this subsection does shall not
  334  apply to a state attorney or his or her duly authorized
  335  assistants or any officer charged with enforcing the provisions
  336  of this section.
  337         (b) Notwithstanding s. 284.30, a party filing an action to
  338  enforce the provisions of this section against a board or
  339  commission of a state agency is not required to serve a copy of
  340  the pleading claiming attorney fees on the Department of
  341  Financial Services. In order to have attorney fees paid by the
  342  State Risk Management Trust Fund, the board or commission
  343  against whom the action is brought shall provide notice to the
  344  department of the pleading claiming attorney fees upon receipt.
  345  The department may participate with the board or commission in
  346  the defense of the suit and any appeal thereof with respect to
  347  the attorney fees.
  348         Section 8. Subsection (1) of section 257.35, Florida
  349  Statutes, is amended to read:
  350         257.35 Florida State Archives.—
  351         (1) There is created within the Division of Library and
  352  Information Services of the Department of State the Florida
  353  State Archives for the preservation of those public records, as
  354  defined in s. 119.011 s. 119.011(12), manuscripts, and other
  355  archival material that have been determined by the division to
  356  have sufficient historical or other value to warrant their
  357  continued preservation and have been accepted by the division
  358  for deposit in its custody. It is the duty and responsibility of
  359  the division to:
  360         (a) Organize and administer the Florida State Archives.
  361         (b) Preserve and administer any such records as shall be
  362  transferred to its custody; accept, arrange, and preserve them,
  363  according to approved archival practices; and allow permit them,
  364  at reasonable times and under the supervision of the division,
  365  to be inspected and copied.
  366         (c) Assist the records and information management program
  367  in the determination of retention values for records.
  368         (d) Cooperate with and assist, insofar as practicable,
  369  state institutions, departments, agencies, counties,
  370  municipalities, and individuals engaged in activities in the
  371  field of state archives, manuscripts, and history and accept
  372  from any person any paper, book, record, or similar material
  373  that which in the judgment of the division warrants preservation
  374  in the state archives.
  375         (e) Provide a public research room where, under rules
  376  established by the division, the materials in the state archives
  377  may be studied.
  378         (f) Conduct, promote, and encourage research in Florida
  379  history, government, and culture and maintain a program of
  380  information, assistance, coordination, and guidance for public
  381  officials, educational institutions, libraries, the scholarly
  382  community, and the general public engaged in such research.
  383         (g) Cooperate with and, insofar as practicable, assist
  384  agencies, libraries, institutions, and individuals in projects
  385  designed to preserve original source materials relating to
  386  Florida history, government, and culture and prepare and publish
  387  handbooks, guides, indexes, and other literature directed toward
  388  encouraging the preservation and use of the state’s documentary
  389  resources.
  390         (h) Encourage and initiate efforts to preserve, collect,
  391  process, transcribe, index, and research the oral history of
  392  Florida government.
  393         (i) Assist and cooperate with the records and information
  394  management program in the training and information program
  395  described in s. 257.36(1)(g).
  396         Section 9. Subsection (9) of section 383.402, Florida
  397  Statutes, is amended to read:
  398         383.402 Child abuse death review; State Child Abuse Death
  399  Review Committee; local child abuse death review committees.—
  400         (9) The State Child Abuse Death Review Committee or a local
  401  committee shall have access to all information of a law
  402  enforcement agency which is not the subject of an active
  403  investigation and which pertains to the review of the death of a
  404  child. A committee may not disclose any information that is not
  405  subject to public disclosure by the law enforcement agency, and
  406  active criminal intelligence information or criminal
  407  investigative information, as defined in s. 119.011 s.
  408  119.011(3), may not be made available for review or access under
  409  this section.
  410         Section 10. Subsection (5) of section 497.140, Florida
  411  Statutes, is amended to read:
  412         497.140 Fees.—
  413         (5) The department shall charge a fee not to exceed $25 for
  414  the certification of a public record. The fee shall be
  415  determined by rule of the department. The department shall
  416  assess a fee for duplication of a public record as provided in
  417  s. 119.07(4) s. 119.07(1)(a) and (e).
  418         Section 11. Paragraph (b) of subsection (4) of section
  419  627.311, Florida Statutes, is amended to read:
  420         627.311 Joint underwriters and joint reinsurers; public
  421  records and public meetings exemptions.—
  422         (4) The Florida Automobile Joint Underwriting Association:
  423         (b) Shall keep portions of association meetings during
  424  which confidential and exempt underwriting files or confidential
  425  and exempt claims files are discussed exempt from the provisions
  426  of s. 286.011 and s. 24(b), Art. I of the State Constitution.
  427  All closed portions of association meetings shall be recorded by
  428  a court reporter. The court reporter shall record the times of
  429  commencement and termination of the meeting, all discussion and
  430  proceedings, the names of all persons present at any time, and
  431  the names of all persons speaking. No portion of any closed
  432  meeting shall be off the record. Subject to the provisions of
  433  this paragraph and s. 119.07(1)(e)-(g) s. 119.07(1)(d)-(f), the
  434  court reporter’s notes of any closed meeting shall be retained
  435  by the association for a minimum of 5 years. A copy of the
  436  transcript, less any confidential and exempt information, of any
  437  closed meeting during which confidential and exempt claims files
  438  are discussed shall become public as to individual claims files
  439  after settlement of that claim.
  440         Section 12. Paragraph (x) of subsection (6) of section
  441  627.351, Florida Statutes, is amended to read:
  442         627.351 Insurance risk apportionment plans.—
  443         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  444         (x)1. The following records of the corporation are
  445  confidential and exempt from the provisions of s. 119.07(1) and
  446  s. 24(a), Art. I of the State Constitution:
  447         a. Underwriting files, except that a policyholder or an
  448  applicant shall have access to his or her own underwriting
  449  files. Confidential and exempt underwriting file records may
  450  also be released to other governmental agencies upon written
  451  request and demonstration of need; such records held by the
  452  receiving agency remain confidential and exempt as provided
  453  herein.
  454         b. Claims files, until termination of all litigation and
  455  settlement of all claims arising out of the same incident,
  456  although portions of the claims files may remain exempt, as
  457  otherwise provided by law. Confidential and exempt claims file
  458  records may be released to other governmental agencies upon
  459  written request and demonstration of need; such records held by
  460  the receiving agency remain confidential and exempt as provided
  461  herein.
  462         c. Records obtained or generated by an internal auditor
  463  pursuant to a routine audit, until the audit is completed, or if
  464  the audit is conducted as part of an investigation, until the
  465  investigation is closed or ceases to be active. An investigation
  466  is considered “active” while the investigation is being
  467  conducted with a reasonable, good faith belief that it could
  468  lead to the filing of administrative, civil, or criminal
  469  proceedings.
  470         d. Matters reasonably encompassed in privileged attorney
  471  client communications.
  472         e. Proprietary information licensed to the corporation
  473  under contract and the contract provides for the confidentiality
  474  of such proprietary information.
  475         f. All information relating to the medical condition or
  476  medical status of a corporation employee which is not relevant
  477  to the employee’s capacity to perform his or her duties, except
  478  as otherwise provided in this paragraph. Information that is
  479  exempt shall include, but is not limited to, information
  480  relating to workers’ compensation, insurance benefits, and
  481  retirement or disability benefits.
  482         g. Upon an employee’s entrance into the employee assistance
  483  program, a program to assist any employee who has a behavioral
  484  or medical disorder, substance abuse problem, or emotional
  485  difficulty which affects the employee’s job performance, all
  486  records relative to that participation shall be confidential and
  487  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  488  of the State Constitution, except as otherwise provided in s.
  489  112.0455(11).
  490         h. Information relating to negotiations for financing,
  491  reinsurance, depopulation, or contractual services, until the
  492  conclusion of the negotiations.
  493         i. Minutes of closed meetings regarding underwriting files,
  494  and minutes of closed meetings regarding an open claims file
  495  until termination of all litigation and settlement of all claims
  496  with regard to that claim, except that information otherwise
  497  confidential or exempt by law shall be redacted.
  498         2. If an authorized insurer is considering underwriting a
  499  risk insured by the corporation, relevant underwriting files and
  500  confidential claims files may be released to the insurer
  501  provided the insurer agrees in writing, notarized and under
  502  oath, to maintain the confidentiality of such files. If a file
  503  is transferred to an insurer, that file is no longer a public
  504  record because it is not held by an agency subject to the
  505  provisions of the public records law. Underwriting files and
  506  confidential claims files may also be released to staff and the
  507  board of governors of the market assistance plan established
  508  pursuant to s. 627.3515, who must retain the confidentiality of
  509  such files, except such files may be released to authorized
  510  insurers that are considering assuming the risks to which the
  511  files apply, provided the insurer agrees in writing, notarized
  512  and under oath, to maintain the confidentiality of such files.
  513  Finally, the corporation or the board or staff of the market
  514  assistance plan may make the following information obtained from
  515  underwriting files and confidential claims files available to
  516  licensed general lines insurance agents: name, address, and
  517  telephone number of the residential property owner or insured;
  518  location of the risk; rating information; loss history; and
  519  policy type. The receiving licensed general lines insurance
  520  agent must retain the confidentiality of the information
  521  received.
  522         3. A policyholder who has filed suit against the
  523  corporation has the right to discover the contents of his or her
  524  own claims file to the same extent that discovery of such
  525  contents would be available from a private insurer in litigation
  526  as provided by the Florida Rules of Civil Procedure, the Florida
  527  Evidence Code, and other applicable law. Pursuant to subpoena, a
  528  third party has the right to discover the contents of an
  529  insured’s or applicant’s underwriting or claims file to the same
  530  extent that discovery of such contents would be available from a
  531  private insurer by subpoena as provided by the Florida Rules of
  532  Civil Procedure, the Florida Evidence Code, and other applicable
  533  law, and subject to any confidentiality protections requested by
  534  the corporation and agreed to by the seeking party or ordered by
  535  the court. The corporation may release confidential underwriting
  536  and claims file contents and information as it deems necessary
  537  and appropriate to underwrite or service insurance policies and
  538  claims, subject to any confidentiality protections deemed
  539  necessary and appropriate by the corporation.
  540         4. Portions of meetings of the corporation are exempt from
  541  the provisions of s. 286.011 and s. 24(b), Art. I of the State
  542  Constitution wherein confidential underwriting files or
  543  confidential open claims files are discussed. All portions of
  544  corporation meetings which are closed to the public shall be
  545  recorded by a court reporter. The court reporter shall record
  546  the times of commencement and termination of the meeting, all
  547  discussion and proceedings, the names of all persons present at
  548  any time, and the names of all persons speaking. No portion of
  549  any closed meeting shall be off the record. Subject to the
  550  provisions hereof and s. 119.07(1)(e)-(g) s. 119.07(1)(d)-(f),
  551  the court reporter’s notes of any closed meeting shall be
  552  retained by the corporation for a minimum of 5 years. A copy of
  553  the transcript, less any exempt matters, of any closed meeting
  554  wherein claims are discussed shall become public as to
  555  individual claims after settlement of the claim.
  556         Section 13. Paragraph (b) of subsection (9) of section
  557  943.031, Florida Statutes, is amended to read:
  558         943.031 Florida Violent Crime and Drug Control Council.—
  559         (9) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
  560  AND RECORDS.—
  561         (b) The Florida Violent Crime and Drug Control Council is
  562  shall be considered a “criminal justice agency,as that term is
  563  defined in s. 119.011 within the definition of s. 119.011(4).
  564         Section 14. Subsection (7) of section 943.0313, Florida
  565  Statutes, is amended to read:
  566         943.0313 Domestic Security Oversight Council.—The
  567  Legislature finds that there exists a need to provide executive
  568  direction and leadership with respect to terrorism prevention,
  569  preparation, protection, response, and recovery efforts by state
  570  and local agencies in this state. In recognition of this need,
  571  the Domestic Security Oversight Council is hereby created. The
  572  council shall serve as an advisory council pursuant to s.
  573  20.03(7) to provide guidance to the state’s regional domestic
  574  security task forces and other domestic security working groups
  575  and to make recommendations to the Governor and the Legislature
  576  regarding the expenditure of funds and allocation of resources
  577  related to counter-terrorism and domestic security efforts.
  578         (7) AGENCY DESIGNATION.—For purposes of this section, the
  579  Domestic Security Oversight Council is shall be considered a
  580  criminal justice agency, as that term is defined in s. 119.011
  581  within the definition of s. 119.011(4).
  582         Section 15. This act shall take effect July 1, 2014.

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