November 25, 2020
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       Florida Senate - 2010                             CS for SB 1662
       By the Committees on Governmental Oversight and Accountability;
       and Banking and Insurance
       585-04922-10                                          20101662c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 440.3851, F.S.,
    4         relating to an exemption from public records and
    5         public meetings requirements for the Florida Self
    6         Insurers Guaranty Association, Inc.; removing the
    7         scheduled repeal of certain exemptions; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 440.3851, Florida Statutes, is amended
   13  to read:
   14         440.3851 Public records and public meetings exemptions.—
   15         (1) The following records of the Florida Self-Insurers
   16  Guaranty Association, Incorporated, are confidential and exempt
   17  from s. 119.07(1) and s. 24(a), Art. I of the State
   18  Constitution:
   19         (a) Claims files, until termination of all litigation and
   20  settlement of all claims arising out of the same accident.
   21         (b) Medical records that are part of a claims file and
   22  other information relating to the medical condition or medical
   23  status of a claimant.
   24         (c) Minutes of exempt portions of meetings, as provided in
   25  subsection (3), until termination of all litigation and
   26  settlement of all claims with regard to that claim.
   27         (2) Records or portions of records made confidential and
   28  exempt by this section may be released, upon written request, to
   29  another agency in the performance of that agency’s official
   30  duties and responsibilities. The receiving agency shall maintain
   31  the confidential and exempt status of such record or portion of
   32  a record.
   33         (3)(a) That portion of a meeting of the association’s board
   34  of directors or any subcommittee of the association’s board at
   35  which records made confidential and exempt by this section are
   36  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   37  State Constitution.
   38         (b) All exempt portions of meetings shall be recorded and
   39  transcribed. The board shall record the times of commencement
   40  and termination of the meeting, all discussion and proceedings,
   41  the names of all persons present at any time, and the names of
   42  all persons speaking. An exempt portion of any meeting may not
   43  be off the record.
   44         (c) Subject to this section and s. 119.021(2), the court
   45  reporter’s notes of any exempt portion of a meeting shall be
   46  retained by the association for a minimum of 5 years.
   47         (d) A copy of the transcript of any exempt portion of a
   48  meeting in which claims files are discussed shall become public
   49  as to individual claims after settlement of the claim with any
   50  confidential and exempt information redacted.
   51         (4) This section is subject to the Open Government Sunset
   52  Review Act in accordance with s. 119.15 and shall stand repealed
   53  on October 2, 2010, unless reviewed and saved from repeal
   54  through reenactment by the Legislature.
   55         Section 2. This act shall take effect October 1, 2010.

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