Bill Text: FL S1658 | 2010 | Regular Session | Comm Sub

---

Bill Title: OGSR/Hurricane Loss Model [CPSC]

Spectrum: Unknown

Status: (N/A - Dead) 2010-04-21 - Placed on Special Order Calendar; Read 2nd time -SJ 00669; Substituted HB 7119 -SJ 00669; Laid on Table, companion bill(s) passed, see HB 7119 (Ch. 2010-89) -SJ 00669 [S1658 Detail]

Download: Florida-2010-S1658-Comm_Sub.html

---

 
       Florida Senate - 2010                             CS for SB 1658 
        
       By the Committees on Governmental Oversight and Accountability; 
       and Banking and Insurance 
       585-04920-10                                          20101658c1 
    1                        A bill to be entitled                       
    2         An act relating to a review under the Open Government 
    3         Sunset Review Act; amending s. 627.0628, F.S.; 
    4         clarifying the public-records exemption for a trade 
    5         secret used in designing and constructing a hurricane 
    6         loss model and provided by a private company to the 
    7         Florida Commission on Hurricane Loss Projection 
    8         Methodology, the Office of Insurance Regulation, or an 
    9         appointed consumer advocate to specify that the 
   10         exemption applies to trade secrets as defined in the 
   11         Uniform Trade Secrets Act; requiring a recording of a 
   12         closed meeting of the commission or of a rate 
   13         proceeding on an insurer’s rate filing at which 
   14         confidential and exempt trade secrets are discussed; 
   15         creating a public-records exemption for the recording 
   16         of the closed meeting; providing for future 
   17         legislative review and repeal of the exemption; 
   18         providing a statement of public necessity; providing 
   19         an effective date. 
   20   
   21  Be It Enacted by the Legislature of the State of Florida: 
   22   
   23         Section 1. Paragraph (f) of subsection (3) of section 
   24  627.0628, Florida Statutes, is amended to read: 
   25         627.0628 Florida Commission on Hurricane Loss Projection 
   26  Methodology; public records exemption; public meetings 
   27  exemption.— 
   28         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.— 
   29         (f)1. A trade secret, as defined in s. 688.002 812.081, 
   30  that is used in designing and constructing a hurricane loss 
   31  model and that is provided pursuant to this section, by a 
   32  private company, to the commission, office, or consumer advocate 
   33  appointed pursuant to s. 627.0613, is confidential and exempt 
   34  from s. 119.07(1) and s. 24(a), Art. I of the State 
   35  Constitution. 
   36         2.a. That portion of a meeting of the commission or of a 
   37  rate proceeding on an insurer’s rate filing at which a trade 
   38  secret made confidential and exempt by this paragraph is 
   39  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 
   40  State Constitution. The closed meeting must be recorded and no 
   41  portion of the closed meeting may be off the record. 
   42         b. The recording of a closed portion of a meeting is exempt 
   43  from s. 119.07(1) and s. 24(a), Art. I of the State 
   44  Constitution. 
   45         c.3. This subparagraph paragraph is subject to the Open 
   46  Government Sunset Review Act in accordance with s. 119.15, and 
   47  shall stand repealed on October 2, 2015 2010, unless reviewed 
   48  and saved from repeal through reenactment by the Legislature. 
   49         Section 2. The Legislature finds that it is a public 
   50  necessity to make exempt from public-records requirements the 
   51  recording generated during those portions of a meeting of the 
   52  Florida Commission on Hurricane Loss Projection Methodology or 
   53  of a rate proceeding on an insurer’s rate filing at which 
   54  confidential and exempt trade secrets are discussed. Release of 
   55  such recordings would compromise the discussions that took place 
   56  during the closed meeting and would negate the public-meetings 
   57  exemption. Further, current law already provides a public 
   58  records exemption for trade secrets. As such, release of the 
   59  recording generated during those closed portions of meetings 
   60  would compromise the current protections already afforded trade 
   61  secrets. 
   62         Section 3. This act shall take effect October 1, 2010.