July 15, 2020
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HB 7089

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 440.3851, F.S., which
4provides an exemption from public records and public
5meetings requirements for the Florida Self-Insurers
6Guaranty Association, Incorporated; reorganizing the
7section; removing the scheduled repeal of the exemptions;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 440.3851, Florida Statutes, is amended
13to read:
14     440.3851  Public records and public meetings exemptions.-
15     (1)  The following records of the Florida Self-Insurers
16Guaranty Association, Incorporated, are confidential and exempt
17from s. 119.07(1) and s. 24(a), Art. I of the State
18Constitution:
19     (a)  Claims files, until termination of all litigation and
20settlement of all claims arising out of the same accident.
21     (b)  Medical records that are part of a claims file and
22other information relating to the medical condition or medical
23status of a claimant.
24     (c)  Minutes of exempt portions of meetings, as provided in
25subsection (3), until termination of all litigation and
26settlement of all claims with regard to that claim.
27     (2)  Records or portions of records made confidential and
28exempt by this section may be released, upon written request, to
29another agency in the performance of that agency's official
30duties and responsibilities. The receiving agency shall maintain
31the confidential and exempt status of such record or portion of
32a record.
33     (3)(a)  That portion of a meeting of the association's
34board of directors or any subcommittee of the association's
35board at which records made confidential and exempt by this
36section are discussed is exempt from s. 286.011 and s. 24(b),
37Art. I of the State Constitution.
38     (b)  All exempt portions of meetings shall be recorded and
39transcribed. The board shall record the times of commencement
40and termination of the meeting, all discussion and proceedings,
41the names of all persons present at any time, and the names of
42all persons speaking. An exempt portion of any meeting may not
43be off the record.
44     (c)  Subject to this section and s. 119.021(2), the court
45reporter's notes of any exempt portion of a meeting shall be
46retained by the association for a minimum of 5 years.
47     (d)  A copy of the transcript of any exempt portion of a
48meeting in which claims files are discussed shall become public
49as to individual claims after settlement of the claim with any
50confidential and exempt information redacted.
51     (4)  This section is subject to the Open Government Sunset
52Review Act in accordance with s. 119.15 and shall stand repealed
53on October 2, 2010, unless reviewed and saved from repeal
54through reenactment by the Legislature.
55     Section 2.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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