HOUSE AMENDMENT

                                                  Bill No. HB 1355

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Insurance offered the following:

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13         Amendment (with title amendment) 

14         On page 2, line 15 through page 3, line 27

15  remove:  all of said lines

16

17  and insert:  (b)  Workpapers and other information held by the

18  department pursuant to this section, and workpapers and other

19  information received from another governmental entity or the

20  National Association of Insurance Commissioners for the

21  department's use in the performance of its examination or

22  investigation duties pursuant to ss. 624.316, 624.3161, and

23  624.317 are confidential and exempt from the provisions of s.

24  119.07(1) and s. 24(a), Art. I of the State Constitution.

25  This exemption applies to workpapers and other information

26  held by the department before, on, or after the effective date

27  of this exemption.  Such confidential and exempt information

28  may be disclosed to another governmental entity, if disclosure

29  is necessary for the receiving entity to perform its duties

30  and responsibilities, and may be disclosed to the National

31  Association of Insurance Commissioners.  The receiving

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    File original & 9 copies    02/13/02
    hin0002                     04:00 pm         01355-in  -903243




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1355

    Amendment No. 1 (for drafter's use only)





  1  governmental entity or the association must maintain the

  2  confidential and exempt status of the information.  The

  3  information made confidential and exempt by this paragraph may

  4  be used in a criminal, civil, or administrative proceeding so

  5  long as the confidential and exempt status of such information

  6  is maintained.  This paragraph is subject to the Open

  7  Government Sunset Review Act of 1995 in accordance with s.

  8  119.15 and shall stand repealed on October 2, 2007, unless

  9  reviewed and saved from repeal through reenactment by the

10  Legislature.

11         (c)(b)  Lists of insurers or regulated companies are

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

13  if:

14         1.  The financial solvency, condition, or soundness of

15  such insurers or regulated companies is being monitored by the

16  department;

17         2.  The list is prepared to internally coordinate

18  regulation by the department of the financial solvency,

19  condition, or soundness of the insurers or regulated

20  companies; and

21         3.  The Insurance Commissioner and Treasurer determine

22  that public inspection of such list could impair the financial

23  solvency, condition, or soundness of such insurers or

24  regulated companies.

25         Section 2.  The Legislature finds that the public

26  records exemption created by this act is a public necessity in

27  order to effectively and efficiently administer a government

28  program.  Disclosure of such information would reveal

29  information that could be used in preparing examination

30  reports and investigation reports, and could thus thwart the

31  state's interest in assuring the integrity of the regulatory

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    File original & 9 copies    02/13/02
    hin0002                     04:00 pm         01355-in  -903243




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1355

    Amendment No. 1 (for drafter's use only)





  1  process.  Such confidential and exempt information is, by its

  2  nature, incomplete and could be misleading.  Release of

  3  inaccurate or incomplete information could be detrimental to

  4  the persons and insurers examined or investigated.

  5  Furthermore, disclosure of such information would impair the

  6  ability of the department to gather information it needs to

  7  complete examinations and investigations because persons who

  8  would otherwise provide confidential information are unwilling

  9  to do so for fear that such information will not remain

10  confidential.

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

14  And the title is amended as follows:

15         On page 1, lines 3 through 10

16  remove:  all of said lines

17

18  and insert:

19         624.319, F.S.; creating a public records

20         exemption for workpapers prepared by the

21         Department of Insurance or workpapers and any

22         other information received by the department

23         from another governmental entity or the

24         National Association of Insurance

25         Commissioners; providing exceptions to the

26         exemption; providing for retroactive

27         application of the exemption;

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    File original & 9 copies    02/13/02
    hin0002                     04:00 pm         01355-in  -903243