October 01, 2020
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HB 7119

A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 627.0628, F.S.; clarifying
4the public records exemption for a trade secret used in
5designing and constructing a hurricane loss model and  
6provided by a private company to the Florida Commission on
7Hurricane Loss Projection Methodology, the Office of
8Insurance Regulation, or an appointed consumer advocate to
9specify that the exemption applies to trade secrets as
10defined in the Uniform Trade Secrets Act; requiring a
11recording of a closed meeting of the commission or of a
12rate proceeding on an insurer's rate filing at which
13confidential and exempt trade secrets are discussed;
14creating a public records exemption for the recording of
15the closed meeting; providing for future legislative
16review and repeal of the exemption; providing a statement
17of public necessity; providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Paragraph (f) of subsection (3) of section
22627.0628, Florida Statutes, is amended to read:
23     627.0628  Florida Commission on Hurricane Loss Projection
24Methodology; public records exemption; public meetings
27     (f)1.  A trade secret, as defined in s. 688.002 812.081,
28that is used in designing and constructing a hurricane loss
29model and that is provided pursuant to this section, by a
30private company, to the commission, office, or consumer advocate
31appointed pursuant to s. 627.0613, is confidential and exempt
32from s. 119.07(1) and s. 24(a), Art. I of the State
34     2.a.  That portion of a meeting of the commission or of a
35rate proceeding on an insurer's rate filing at which a trade
36secret made confidential and exempt by this paragraph is
37discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
38State Constitution. The closed meeting must be recorded and no
39portion of the closed meeting may be off the record.
40     b.  The recording of a closed portion of a meeting is
41exempt from s. 119.07(1) and s. 24(a), Art. I of the State
43     c.3.  This subparagraph paragraph is subject to the Open
44Government Sunset Review Act in accordance with s. 119.15, and
45shall stand repealed on October 2, 2015 2010, unless reviewed
46and saved from repeal through reenactment by the Legislature.
47     Section 2.  The Legislature finds that it is a public
48necessity to make exempt from public records requirements the
49recording generated during those portions of a meeting of the
50Florida Commission on Hurricane Loss Projection Methodology or
51of a rate proceeding on an insurer's rate filing at which
52confidential and exempt trade secrets are discussed. Release of
53such recordings would compromise the discussions which took
54place during the closed meeting and would negate the public
55meetings exemption. Further, current law already provides a
56public records exemption for trade secrets. As such, release of
57the recording generated during those closed portions of meetings
58would compromise the current protections already afforded trade
60     Section 3.  This act shall take effect October 1, 2010.

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