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.
