Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7064
FOR CONSIDERATION By the Committee on Governmental Oversight and
Accountability
585-02069-14 20147064__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 119.01, F.S.; revising the general state
4 policy on public records; authorizing a person to make
5 a request to inspect or copy a public record at
6 certain agency offices; requiring certain information
7 be open for inspection and copying if public funds are
8 used in payment of dues or membership contributions;
9 providing an exception; amending s. 119.011, F.S.;
10 defining the terms “confidential and exempt” and
11 “exempt”; amending s. 119.07, F.S.; providing that
12 public records requests need not be in writing unless
13 otherwise required by law; requiring the custodian of
14 public records to provide a statutory citation to the
15 requester if a written request is required;
16 restricting the special service charge assessed by an
17 agency in producing records; amending s. 119.0701,
18 F.S.; revising contract requirements between a public
19 agency and a contractor; creating s. 119.0702, F.S.;
20 requiring each agency to provide training on the
21 requirements of ch. 119, F.S.; amending s. 119.12,
22 F.S.; specifying a reasonable cost of enforcement;
23 providing that a party filing an action against
24 certain agencies is not required to serve a copy of a
25 pleading claiming attorney fees on the Department of
26 Financial Services; requiring an agency to provide
27 notice of such pleading to the department; authorizing
28 the department to join the agency in defense of such
29 suit; amending s. 286.011, F.S.; providing that a
30 party filing an enforcement action against a board or
31 commission of a state agency is not required to serve
32 a copy of a pleading claiming attorney fees on the
33 Department of Financial Services; requiring the board
34 or commission to provide notice of such pleading to
35 the department; authorizing the department to join the
36 board or commission in defense of such suit; amending
37 ss. 257.35, 383.402, 497.140, 627.311, 627.351,
38 943.031, and 943.0313; conforming cross-references to
39 changes made by the act; providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (3) of section 119.01, Florida
44 Statutes, is amended to read:
45 119.01 General state policy on public records.—
46 (3)(a) Any person may make a request to inspect or copy a
47 public record of an agency at any office of the respective
48 agency that is open to receive and provide government services
49 to the public. This subsection does not require that the
50 requested record be provided at the office at which the request
51 is made.
52 (b) If Public funds may not be are expended by an agency in
53 payment of dues or membership contributions to a for any person,
54 as defined in s. 1.01, unless the following corporation,
55 foundation, trust, association, group, or other organization,
56 all the financial, business, and membership records of such
57 person are open for inspection and copying: that person,
58 corporation, foundation, trust, association, group, or other
59 organization which pertain to the public agency are public
60 records and subject to the provisions of s. 119.07
61 1. All financial, business, and membership records that
62 pertain to the agency from which or on whose behalf the payment
63 of dues or membership contribution is made.
64 2. Any other record that a person has shared publicly, or
65 has presented to or shared with its members generally for no
66 cost other than the payment of dues or membership contributions.
67 (c) Information that is otherwise made confidential or
68 exempt pursuant to state or federal law is not subject to
69 paragraph (b).
70 Section 2. Section 119.011, Florida Statutes, is amended to
71 read:
72 119.011 Definitions.—As used in this chapter, the term:
73 (1) “Actual cost of duplication” means the cost of the
74 material and supplies used to duplicate the public record, but
75 does not include labor cost or overhead cost associated with
76 such duplication.
77 (2) “Agency” means any state, county, district, authority,
78 or municipal officer, department, division, board, bureau,
79 commission, or other separate unit of government created or
80 established by law including, for the purposes of this chapter,
81 the Commission on Ethics, the Public Service Commission, and the
82 Office of Public Counsel, and any other public or private
83 agency, person, partnership, corporation, or business entity
84 acting on behalf of any public agency.
85 (3) “Confidential and exempt” means a record or information
86 that, pursuant to a specific statutory exemption, is not subject
87 to inspection or copying by the public and may be released only
88 to those persons and entities designated in the exemption.
89 (4)(a)(3)(a) “Criminal intelligence information” means
90 information with respect to an identifiable person or group of
91 persons collected by a criminal justice agency in an effort to
92 anticipate, prevent, or monitor possible criminal activity.
93 (b) “Criminal investigative information” means information
94 with respect to an identifiable person or group of persons
95 compiled by a criminal justice agency in the course of
96 conducting a criminal investigation of a specific act or
97 omission, including, but not limited to, information derived
98 from laboratory tests, reports of investigators or informants,
99 or any type of surveillance.
100 (c) “Criminal intelligence information” and “criminal
101 investigative information” do shall not include:
102 1. The time, date, location, and nature of a reported
103 crime.
104 2. The name, sex, age, and address of a person arrested or
105 of the victim of a crime except as provided in s. 119.071(2)(h).
106 3. The time, date, and location of the incident and of the
107 arrest.
108 4. The crime charged.
109 5. Documents given or required by law or agency rule to be
110 given to the person arrested, except as provided in s.
111 119.071(2)(h), and, except that the court in a criminal case may
112 order that certain information required by law or agency rule to
113 be given to the person arrested be maintained in a confidential
114 manner and exempt from the provisions of s. 119.07(1) until
115 released at trial if it is found that the release of such
116 information would:
117 a. Be defamatory to the good name of a victim or witness or
118 would jeopardize the safety of such victim or witness; and
119 b. Impair the ability of a state attorney to locate or
120 prosecute a codefendant.
121 6. Informations and indictments except as provided in s.
122 905.26.
123 (d) With the exception of information in cases that are
124 barred from prosecution under s. 775.15 or another statute of
125 limitation, the term word “active” has shall have the following
126 meaning:
127 1. Criminal intelligence information is shall be considered
128 “active” if as long as it is related to intelligence gathering
129 conducted with a reasonable, good faith belief that it will lead
130 to detection of ongoing or reasonably anticipated criminal
131 activities.
132 2. Criminal investigative information is shall be
133 considered “active” if as long as it is related to an ongoing
134 investigation that is being conducted which is continuing with a
135 reasonable, good faith anticipation of securing an arrest or
136 prosecution in the foreseeable future.
137 3. In addition, Criminal intelligence information and
138 criminal investigative information are shall be considered
139 “active” if while such information is directly related to
140 pending prosecutions or appeals. The word “active” shall not
141 apply to information in cases which are barred from prosecution
142 under the provisions of s. 775.15 or other statute of
143 limitation.
144 (5)(4) “Criminal justice agency” means:
145 (a) A Any law enforcement agency, court, or prosecutor;
146 (b) Another Any other agency charged by law with criminal
147 law enforcement duties;
148 (c) An Any agency having custody of criminal intelligence
149 information or criminal investigative information for the
150 purpose of assisting such law enforcement agencies in the
151 conduct of active criminal investigation or prosecution or for
152 the purpose of litigating civil actions under the Racketeer
153 Influenced and Corrupt Organization Act, during the time that
154 such agencies are in possession of criminal intelligence
155 information or criminal investigative information pursuant to
156 their criminal law enforcement duties; or
157 (d) The Department of Corrections.
158 (6)(5) “Custodian of public records” means the elected or
159 appointed state, county, or municipal officer charged with the
160 responsibility of maintaining the office having public records,
161 or his or her designee.
162 (7)(6) “Data processing software” means the programs and
163 routines used to employ and control the capabilities of data
164 processing hardware, including, but not limited to, operating
165 systems, compilers, assemblers, utilities, library routines,
166 maintenance routines, applications, and computer networking
167 programs.
168 (8)(7) “Duplicated copies” means new copies produced by
169 duplicating, as defined in s. 283.30.
170 (9) “Exempt” means a record or information that, pursuant
171 to a specific statutory exemption, is not subject to inspection
172 or copying by the public. However, such exempt records or
173 information may be disclosed or made available for inspection or
174 copying by the public at the discretion of the custodian of
175 public records, who shall determine whether there is a statutory
176 or other substantial need for disclosure.
177 (10)(8) “Exemption” means a provision of general law which
178 provides that a specified record or meeting, or portion thereof,
179 is not subject to the access requirements of s. 119.07(1), s.
180 286.011, or s. 24, Art. I of the State Constitution.
181 (11)(9) “Information technology resources” means data
182 processing hardware and software and services, communications,
183 supplies, personnel, facility resources, maintenance, and
184 training.
185 (12)(10) “Paratransit” has the same meaning as provided in
186 s. 427.011.
187 (13)(11) “Proprietary software” means data processing
188 software that is protected by copyright or trade secret laws.
189 (14)(12) “Public records” means all documents, papers,
190 letters, maps, books, tapes, photographs, films, sound
191 recordings, data processing software, or other material,
192 regardless of the physical form, characteristics, or means of
193 transmission, made or received pursuant to law or ordinance or
194 in connection with the transaction of official business by any
195 agency.
196 (15)(13) “Redact” means to conceal from a copy of an
197 original public record, or to conceal from an electronic image
198 that is available for public viewing, that portion of the record
199 containing exempt or confidential information.
200 (16)(14) “Sensitive,” as it relates to for purposes of
201 defining agency-produced software that is sensitive, means only
202 those portions of the data processing software, including the
203 specifications and documentation, which are used to:
204 (a) Collect, process, store, and retrieve information that
205 is exempt from s. 119.07(1);
206 (b) Collect, process, store, and retrieve financial
207 management information of the agency, such as payroll and
208 accounting records; or
209 (c) Control and direct access authorizations and security
210 measures for automated systems.
211 Section 3. Present paragraphs (c) through (i) of subsection
212 (1) of section 119.07, Florida Statutes, are redesignated as
213 paragraphs (d) through (j), respectively, present paragraph (i)
214 of that subsection is amended, a new paragraph (c) is added to
215 that subsection, and paragraph (d) of subsection (4) of that
216 section is amended, to read:
217 119.07 Inspection and copying of records; photographing
218 public records; fees; exemptions.—
219 (1)
220 (c) A public records request need not be made in writing
221 unless otherwise required by law. If a written request is
222 required by law, the custodian of public records must provide
223 the statutory citation to the requester.
224 (j)(i) The absence of a civil action instituted for the
225 purpose stated in paragraph (h) (g) does not relieve the
226 custodian of public records of the duty to maintain the record
227 as a public record if the record is in fact a public record
228 subject to public inspection and copying under this subsection
229 and does not otherwise excuse or exonerate the custodian of
230 public records from any unauthorized or unlawful disposition of
231 such record.
232 (4) The custodian of public records shall furnish a copy or
233 a certified copy of the record upon payment of the fee
234 prescribed by law. If a fee is not prescribed by law, the
235 following fees are authorized:
236 (d) If the nature or volume of public records requested to
237 be inspected or copied pursuant to this subsection is such as to
238 require extensive use of information technology resources or
239 extensive clerical or supervisory assistance by personnel of the
240 agency involved, or both, the agency may charge, in addition to
241 the actual cost of duplication, a reasonable special service
242 charge, which shall be reasonable and shall be based on the
243 actual cost incurred or attributable to the agency for such
244 extensive use of information technology resources or the labor
245 cost of the personnel providing the service that is actually
246 incurred by the agency or attributable to the agency for the
247 clerical and supervisory assistance required, or both. The cost
248 of clerical or supervisory assistance may not exceed the rate of
249 the lowest paid personnel capable of providing such clerical or
250 supervisory assistance, and excludes employer-paid health
251 insurance premiums and other employer-paid benefits.
252 Section 4. Subsection (2) of section 119.0701, Florida
253 Statutes, is amended to read:
254 119.0701 Contracts; public records.—
255 (2) In addition to other contract requirements provided by
256 law, each public agency contract between a public agency and a
257 contractor for services must include a provision that requires
258 the contractor to comply with public records laws, specifically
259 to:
260 (a) Keep and maintain public records that ordinarily and
261 necessarily would be required by the public agency in order to
262 perform the service.
263 (b) Provide the public with access to public records on the
264 same terms and conditions that the public agency would provide
265 the records and at a cost that does not exceed the cost provided
266 in this chapter or as otherwise provided by law.
267 (c) Ensure that public records that are exempt or
268 confidential and exempt from public records disclosure
269 requirements are not disclosed except as authorized by law.
270 (d) Meet all requirements for retaining public records and
271 transfer, at no cost, to the public agency all public records in
272 possession of the contractor upon termination of the contract
273 and destroy any duplicate public records that are exempt or
274 confidential and exempt from public records disclosure
275 requirements. All records stored electronically must be provided
276 to the public agency in a format that is compatible with the
277 information technology systems of the public agency.
278 (e) Notify the public agency’s custodian of public records
279 before denying a request to inspect or copy a record held by the
280 contractor. This requirement does not impose any additional duty
281 on the public agency.
282 (f) Notify the public agency if the contractor is served
283 with a civil action to enforce the provisions of this chapter.
284 This requirement does not impose any additional duty on the
285 public agency.
286 Section 5. Section 119.0702, Florida Statutes, is created
287 to read:
288 119.0702 Training of agency staff.—Each agency must provide
289 training on the requirements of this chapter to each of its
290 employees. The training provided shall be commensurate with an
291 employee’s duties.
292 Section 6. Section 119.12, Florida Statutes, is amended to
293 read:
294 119.12 Attorney Attorney’s fees.—
295 (1) If a civil action is filed against an agency to enforce
296 the provisions of this chapter and if the court determines that
297 such agency unlawfully refused to permit a public record to be
298 inspected or copied, the court shall assess and award, against
299 the agency responsible agency, the reasonable costs of
300 enforcement including reasonable attorneys’ fees.
301 (2) The reasonable costs of enforcement include, but are
302 not limited to, reasonable attorney fees, including those fees
303 incurred in litigating entitlement to, and the determination or
304 quantification of, attorney fees for the underlying civil
305 action. At a minimum, the court shall award the reasonable costs
306 of enforcement for those counts upon which the plaintiff
307 prevailed.
308 (3) Notwithstanding s. 284.30, a party filing an action
309 against the state or any of its agencies covered by the State
310 Risk Management Trust Fund to enforce the provisions of this
311 chapter is not required to serve a copy of the pleading claiming
312 attorney fees on the Department of Financial Services. In order
313 to have attorney fees paid by the State Risk Management Trust
314 Fund, the agency against whom the action is brought shall
315 provide notice to the department of the pleading claiming
316 attorney fees upon receipt. The department may participate with
317 the agency in the defense of the suit and any appeal thereof
318 with respect to the attorney fees.
319 Section 7. Subsection (4) of section 286.011, Florida
320 Statutes, is amended to read:
321 286.011 Public meetings and records; public inspection;
322 criminal and civil penalties.—
323 (4)(a) Whenever an action has been filed against a any
324 board or commission of a any state agency or authority or an any
325 agency or authority of a any county, municipal corporation, or
326 political subdivision to enforce the provisions of this section
327 or to invalidate the actions of any such board, commission,
328 agency, or authority, which action was taken in violation of
329 this section, and the court determines that the defendant or
330 defendants to such action acted in violation of this section,
331 the court shall assess a reasonable attorney attorney’s fee
332 against such agency, and may assess a reasonable attorney
333 attorney’s fee against the individual filing such an action if
334 the court finds it was filed in bad faith or was frivolous. Any
335 fees so assessed may be assessed against the individual member
336 or members of such board or commission; provided, that in any
337 case where the board or commission seeks the advice of its
338 attorney and such advice is followed, no such fees may not shall
339 be assessed against the individual member or members of the
340 board or commission. However, this subsection does shall not
341 apply to a state attorney or his or her duly authorized
342 assistants or any officer charged with enforcing the provisions
343 of this section.
344 (b) Notwithstanding s. 284.30, a party filing an action to
345 enforce the provisions of this section against a board or
346 commission of a state agency is not required to serve a copy of
347 the pleading claiming attorney fees on the Department of
348 Financial Services. In order to have attorney fees paid by the
349 State Risk Management Trust Fund, the board or commission
350 against whom the action is brought shall provide notice to the
351 department of the pleading claiming attorney fees upon receipt.
352 The department may participate with the board or commission in
353 the defense of the suit and any appeal thereof with respect to
354 the attorney fees.
355 Section 8. Subsection (1) of section 257.35, Florida
356 Statutes, is amended to read:
357 257.35 Florida State Archives.—
358 (1) There is created within the Division of Library and
359 Information Services of the Department of State the Florida
360 State Archives for the preservation of those public records, as
361 defined in s. 119.011 s. 119.011(12), manuscripts, and other
362 archival material that have been determined by the division to
363 have sufficient historical or other value to warrant their
364 continued preservation and have been accepted by the division
365 for deposit in its custody. It is the duty and responsibility of
366 the division to:
367 (a) Organize and administer the Florida State Archives.
368 (b) Preserve and administer any such records as shall be
369 transferred to its custody; accept, arrange, and preserve them,
370 according to approved archival practices; and allow permit them,
371 at reasonable times and under the supervision of the division,
372 to be inspected and copied.
373 (c) Assist the records and information management program
374 in the determination of retention values for records.
375 (d) Cooperate with and assist, insofar as practicable,
376 state institutions, departments, agencies, counties,
377 municipalities, and individuals engaged in activities in the
378 field of state archives, manuscripts, and history and accept
379 from any person any paper, book, record, or similar material
380 that which in the judgment of the division warrants preservation
381 in the state archives.
382 (e) Provide a public research room where, under rules
383 established by the division, the materials in the state archives
384 may be studied.
385 (f) Conduct, promote, and encourage research in Florida
386 history, government, and culture and maintain a program of
387 information, assistance, coordination, and guidance for public
388 officials, educational institutions, libraries, the scholarly
389 community, and the general public engaged in such research.
390 (g) Cooperate with and, insofar as practicable, assist
391 agencies, libraries, institutions, and individuals in projects
392 designed to preserve original source materials relating to
393 Florida history, government, and culture and prepare and publish
394 handbooks, guides, indexes, and other literature directed toward
395 encouraging the preservation and use of the state’s documentary
396 resources.
397 (h) Encourage and initiate efforts to preserve, collect,
398 process, transcribe, index, and research the oral history of
399 Florida government.
400 (i) Assist and cooperate with the records and information
401 management program in the training and information program
402 described in s. 257.36(1)(g).
403 Section 9. Subsection (9) of section 383.402, Florida
404 Statutes, is amended to read:
405 383.402 Child abuse death review; State Child Abuse Death
406 Review Committee; local child abuse death review committees.—
407 (9) The State Child Abuse Death Review Committee or a local
408 committee shall have access to all information of a law
409 enforcement agency which is not the subject of an active
410 investigation and which pertains to the review of the death of a
411 child. A committee may not disclose any information that is not
412 subject to public disclosure by the law enforcement agency, and
413 active criminal intelligence information or criminal
414 investigative information, as defined in s. 119.011 s.
415 119.011(3), may not be made available for review or access under
416 this section.
417 Section 10. Subsection (5) of section 497.140, Florida
418 Statutes, is amended to read:
419 497.140 Fees.—
420 (5) The department shall charge a fee not to exceed $25 for
421 the certification of a public record. The fee shall be
422 determined by rule of the department. The department shall
423 assess a fee for duplication of a public record as provided in
424 s. 119.07(4) s. 119.07(1)(a) and (e).
425 Section 11. Paragraph (b) of subsection (4) of section
426 627.311, Florida Statutes, is amended to read:
427 627.311 Joint underwriters and joint reinsurers; public
428 records and public meetings exemptions.—
429 (4) The Florida Automobile Joint Underwriting Association:
430 (b) Shall keep portions of association meetings during
431 which confidential and exempt underwriting files or confidential
432 and exempt claims files are discussed exempt from the provisions
433 of s. 286.011 and s. 24(b), Art. I of the State Constitution.
434 All closed portions of association meetings shall be recorded by
435 a court reporter. The court reporter shall record the times of
436 commencement and termination of the meeting, all discussion and
437 proceedings, the names of all persons present at any time, and
438 the names of all persons speaking. No portion of any closed
439 meeting shall be off the record. Subject to the provisions of
440 this paragraph and s. 119.07(1)(e)-(g) s. 119.07(1)(d)-(f), the
441 court reporter’s notes of any closed meeting shall be retained
442 by the association for a minimum of 5 years. A copy of the
443 transcript, less any confidential and exempt information, of any
444 closed meeting during which confidential and exempt claims files
445 are discussed shall become public as to individual claims files
446 after settlement of that claim.
447 Section 12. Paragraph (x) of subsection (6) of section
448 627.351, Florida Statutes, is amended to read:
449 627.351 Insurance risk apportionment plans.—
450 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
451 (x)1. The following records of the corporation are
452 confidential and exempt from the provisions of s. 119.07(1) and
453 s. 24(a), Art. I of the State Constitution:
454 a. Underwriting files, except that a policyholder or an
455 applicant shall have access to his or her own underwriting
456 files. Confidential and exempt underwriting file records may
457 also be released to other governmental agencies upon written
458 request and demonstration of need; such records held by the
459 receiving agency remain confidential and exempt as provided
460 herein.
461 b. Claims files, until termination of all litigation and
462 settlement of all claims arising out of the same incident,
463 although portions of the claims files may remain exempt, as
464 otherwise provided by law. Confidential and exempt claims file
465 records may be released to other governmental agencies upon
466 written request and demonstration of need; such records held by
467 the receiving agency remain confidential and exempt as provided
468 herein.
469 c. Records obtained or generated by an internal auditor
470 pursuant to a routine audit, until the audit is completed, or if
471 the audit is conducted as part of an investigation, until the
472 investigation is closed or ceases to be active. An investigation
473 is considered “active” while the investigation is being
474 conducted with a reasonable, good faith belief that it could
475 lead to the filing of administrative, civil, or criminal
476 proceedings.
477 d. Matters reasonably encompassed in privileged attorney
478 client communications.
479 e. Proprietary information licensed to the corporation
480 under contract and the contract provides for the confidentiality
481 of such proprietary information.
482 f. All information relating to the medical condition or
483 medical status of a corporation employee which is not relevant
484 to the employee’s capacity to perform his or her duties, except
485 as otherwise provided in this paragraph. Information that is
486 exempt shall include, but is not limited to, information
487 relating to workers’ compensation, insurance benefits, and
488 retirement or disability benefits.
489 g. Upon an employee’s entrance into the employee assistance
490 program, a program to assist any employee who has a behavioral
491 or medical disorder, substance abuse problem, or emotional
492 difficulty which affects the employee’s job performance, all
493 records relative to that participation shall be confidential and
494 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
495 of the State Constitution, except as otherwise provided in s.
496 112.0455(11).
497 h. Information relating to negotiations for financing,
498 reinsurance, depopulation, or contractual services, until the
499 conclusion of the negotiations.
500 i. Minutes of closed meetings regarding underwriting files,
501 and minutes of closed meetings regarding an open claims file
502 until termination of all litigation and settlement of all claims
503 with regard to that claim, except that information otherwise
504 confidential or exempt by law shall be redacted.
505 2. If an authorized insurer is considering underwriting a
506 risk insured by the corporation, relevant underwriting files and
507 confidential claims files may be released to the insurer
508 provided the insurer agrees in writing, notarized and under
509 oath, to maintain the confidentiality of such files. If a file
510 is transferred to an insurer, that file is no longer a public
511 record because it is not held by an agency subject to the
512 provisions of the public records law. Underwriting files and
513 confidential claims files may also be released to staff and the
514 board of governors of the market assistance plan established
515 pursuant to s. 627.3515, who must retain the confidentiality of
516 such files, except such files may be released to authorized
517 insurers that are considering assuming the risks to which the
518 files apply, provided the insurer agrees in writing, notarized
519 and under oath, to maintain the confidentiality of such files.
520 Finally, the corporation or the board or staff of the market
521 assistance plan may make the following information obtained from
522 underwriting files and confidential claims files available to
523 licensed general lines insurance agents: name, address, and
524 telephone number of the residential property owner or insured;
525 location of the risk; rating information; loss history; and
526 policy type. The receiving licensed general lines insurance
527 agent must retain the confidentiality of the information
528 received.
529 3. A policyholder who has filed suit against the
530 corporation has the right to discover the contents of his or her
531 own claims file to the same extent that discovery of such
532 contents would be available from a private insurer in litigation
533 as provided by the Florida Rules of Civil Procedure, the Florida
534 Evidence Code, and other applicable law. Pursuant to subpoena, a
535 third party has the right to discover the contents of an
536 insured’s or applicant’s underwriting or claims file to the same
537 extent that discovery of such contents would be available from a
538 private insurer by subpoena as provided by the Florida Rules of
539 Civil Procedure, the Florida Evidence Code, and other applicable
540 law, and subject to any confidentiality protections requested by
541 the corporation and agreed to by the seeking party or ordered by
542 the court. The corporation may release confidential underwriting
543 and claims file contents and information as it deems necessary
544 and appropriate to underwrite or service insurance policies and
545 claims, subject to any confidentiality protections deemed
546 necessary and appropriate by the corporation.
547 4. Portions of meetings of the corporation are exempt from
548 the provisions of s. 286.011 and s. 24(b), Art. I of the State
549 Constitution wherein confidential underwriting files or
550 confidential open claims files are discussed. All portions of
551 corporation meetings which are closed to the public shall be
552 recorded by a court reporter. The court reporter shall record
553 the times of commencement and termination of the meeting, all
554 discussion and proceedings, the names of all persons present at
555 any time, and the names of all persons speaking. No portion of
556 any closed meeting shall be off the record. Subject to the
557 provisions hereof and s. 119.07(1)(e)-(g) s. 119.07(1)(d)-(f),
558 the court reporter’s notes of any closed meeting shall be
559 retained by the corporation for a minimum of 5 years. A copy of
560 the transcript, less any exempt matters, of any closed meeting
561 wherein claims are discussed shall become public as to
562 individual claims after settlement of the claim.
563 Section 13. Paragraph (b) of subsection (9) of section
564 943.031, Florida Statutes, is amended to read:
565 943.031 Florida Violent Crime and Drug Control Council.—
566 (9) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL MEETINGS
567 AND RECORDS.—
568 (b) The Florida Violent Crime and Drug Control Council is
569 shall be considered a “criminal justice agency,” as that term is
570 defined in s. 119.011 within the definition of s. 119.011(4).
571 Section 14. Subsection (7) of section 943.0313, Florida
572 Statutes, is amended to read:
573 943.0313 Domestic Security Oversight Council.—The
574 Legislature finds that there exists a need to provide executive
575 direction and leadership with respect to terrorism prevention,
576 preparation, protection, response, and recovery efforts by state
577 and local agencies in this state. In recognition of this need,
578 the Domestic Security Oversight Council is hereby created. The
579 council shall serve as an advisory council pursuant to s.
580 20.03(7) to provide guidance to the state’s regional domestic
581 security task forces and other domestic security working groups
582 and to make recommendations to the Governor and the Legislature
583 regarding the expenditure of funds and allocation of resources
584 related to counter-terrorism and domestic security efforts.
585 (7) AGENCY DESIGNATION.—For purposes of this section, the
586 Domestic Security Oversight Council is shall be considered a
587 criminal justice agency, as that term is defined in s. 119.011
588 within the definition of s. 119.011(4).
589 Section 15. This act shall take effect July 1, 2014.