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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/SB 2860, 1st Eng.

459290

CHAMBER ACTION

Senate

Floor: 1/AD/3R

4/16/2008 10:45 AM

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House



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Senator Geller moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Between line(s) 2798 and 2799,

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insert:

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     (w)1.  The following records of the corporation are

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confidential and exempt from the provisions of s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution:

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     a.  Underwriting files, except that a policyholder or an

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applicant shall have access to his or her own underwriting files.

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Confidential and exempt underwriting file records may also be

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released to other governmental agencies upon written request and

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demonstration of need; such records held by the receiving agency

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remain confidential and exempt as provided herein.

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     b.  Claims files, until termination of all litigation and

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settlement of all claims arising out of the same incident,

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although portions of the claims files may remain exempt, as

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otherwise provided by law. Confidential and exempt claims file

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records may be released to other governmental agencies upon

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written request and demonstration of need; such records held by

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the receiving agency remain confidential and exempt as provided

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for herein.

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     c.  Records obtained or generated by an internal auditor

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pursuant to a routine audit, until the audit is completed, or if

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the audit is conducted as part of an investigation, until the

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investigation is closed or ceases to be active. An investigation

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is considered "active" while the investigation is being conducted

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with a reasonable, good faith belief that it could lead to the

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filing of administrative, civil, or criminal proceedings.

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     d.  Matters reasonably encompassed in privileged attorney-

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client communications.

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     e.  Proprietary information licensed to the corporation

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under contract and the contract provides for the confidentiality

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of such proprietary information.

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     f.  All information relating to the medical condition or

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medical status of a corporation employee which is not relevant to

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the employee's capacity to perform his or her duties, except as

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otherwise provided in this paragraph. Information that which is

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exempt shall include, but is not limited to, information relating

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to workers' compensation, insurance benefits, and retirement or

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disability benefits.

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     g.  Upon an employee's entrance into the employee assistance

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program, a program to assist any employee who has a behavioral or

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medical disorder, substance abuse problem, or emotional

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difficulty which affects the employee's job performance, all

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records relative to that participation shall be confidential and

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exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

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of the State Constitution, except as otherwise provided in s.

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112.0455(11).

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     h.  Information relating to negotiations for financing,

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reinsurance, depopulation, or contractual services, until the

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conclusion of the negotiations.

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     i.  Minutes of closed meetings regarding underwriting files,

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and minutes of closed meetings regarding an open claims file

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until termination of all litigation and settlement of all claims

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with regard to that claim, except that information otherwise

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confidential or exempt by law shall will be redacted.

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     2. If When an authorized insurer is considering

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underwriting a risk insured by the corporation, relevant

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underwriting files and confidential claims files may be released

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to the insurer provided the insurer agrees in writing, notarized

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and under oath, to maintain the confidentiality of such files. If

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When a file is transferred to an insurer that file is no longer a

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public record because it is not held by an agency subject to the

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provisions of the public records law. Underwriting files and

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confidential claims files may also be released to staff of and

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the board of governors of the market assistance plan established

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pursuant to s. 627.3515, who must retain the confidentiality of

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such files, except such files may be released to authorized

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insurers that are considering assuming the risks to which the

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files apply, provided the insurer agrees in writing, notarized

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and under oath, to maintain the confidentiality of such files.

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Finally, the corporation or the board or staff of the market

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assistance plan may make the following information obtained from

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underwriting files and confidential claims files available to

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licensed general lines insurance agents: name, address, and

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telephone number of the residential property owner or insured;

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location of the risk; rating information; loss history; and

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policy type. The receiving licensed general lines insurance agent

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must retain the confidentiality of the information received.

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     3. A policyholder who has filed suit against the

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corporation has the right to discover the contents of his or her

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own claims file to the same extent that discovery of such

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contents would be available from a private insurer in litigation

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as provided by the Florida Rules of Civil Procedure, the Florida

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Evidence Code, and other applicable law. Pursuant to subpoena, a

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third party has the right to discover the contents of an

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insured's or applicant's underwriting or claims file to the same

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extent that discovery of such contents would be available from a

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private insurer by subpoena as provided by the Florida Rules of

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Civil Procedure, the Florida Evidence Code, and other applicable

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law, and subject to any confidentiality protections requested by

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the corporation and agreed to by the seeking party or ordered by

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the court. The corporation may release confidential underwriting

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and claims file contents and information as it deems necessary

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and appropriate to underwrite or service insurance policies and

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claims, subject to any confidentiality protections deemed

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necessary and appropriate by the corporation.

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     4.2. Portions of meetings of the corporation are exempt

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from the provisions of s. 286.011 and s. 24(b), Art. I of the

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State Constitution wherein confidential underwriting files or

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confidential open claims files are discussed. All portions of

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corporation meetings which are closed to the public shall be

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recorded by a court reporter. The court reporter shall record the

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times of commencement and termination of the meeting, all

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discussion and proceedings, the names of all persons present at

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any time, and the names of all persons speaking. No portion of

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any closed meeting shall be off the record. Subject to the

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provisions hereof and s. 119.07(1)(e)-(g), the court reporter's

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notes of any closed meeting shall be retained by the corporation

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for a minimum of 5 years. A copy of the transcript, less any

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exempt matters, of any closed meeting wherein claims are

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discussed shall become public as to individual claims after

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settlement of the claim.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     On line(s) 1084, after "(p),"

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insert:

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     (w),

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 203, after the semicolon,

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insert:

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clarifying the right of certain parties to discover

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underwriting and claims file records; authorizing the

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corporation to release such records as it deems necessary;

4/15/2008  6:36:00 PM     31-07653-08

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

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