House Bill hb1355

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    Florida House of Representatives - 2002                HB 1355

        By Representative Mealor






  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         624.319, F.S.; exempting workpapers, or

  4         portions of workpapers, prepared by the

  5         Department of Insurance or received from an

  6         insurance supervisory official of another state

  7         or federal agency for the use of the department

  8         in the performance of its examination or

  9         investigation of insurers or the market conduct

10         of insurers from public records requirements;

11         providing for review and repeal of the

12         exemption; providing a finding of public

13         necessity; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (3) of section 624.319, Florida

18  Statutes, is amended to read:

19         624.319  Examination and investigation reports.--

20         (3)(a)  Examination reports, until filed, are

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

22  Investigation reports are confidential and exempt from the

23  provisions of s. 119.07(1) until the investigation is

24  completed or ceases to be active.  For purposes of this

25  subsection, an investigation is active while it is being

26  conducted by the department with a reasonable, good faith

27  belief that it could lead to the filing of administrative,

28  civil, or criminal proceedings.  An investigation does not

29  cease to be active if the department is proceeding with

30  reasonable dispatch and has a good faith belief that action

31  could be initiated by the department or other administrative

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    Florida House of Representatives - 2002                HB 1355

    784-118-01






  1  or law enforcement agency. After an investigation is completed

  2  or ceases to be active, portions of the investigation report

  3  relating to the investigation remain confidential and exempt

  4  from the provisions of s. 119.07(1) if disclosure would:

  5         1.  Jeopardize the integrity of another active

  6  investigation;

  7         2.  Impair the safety and financial soundness of the

  8  licensee or affiliated party;

  9         3.  Reveal personal financial information;

10         4.  Reveal the identity of a confidential source;

11         5.  Defame or cause unwarranted damage to the good name

12  or reputation of an individual or jeopardize the safety of an

13  individual; or

14         6.  Reveal investigative techniques or procedures.

15         (b)  Workpapers, or portions of workpapers, prepared by

16  the department or received from an insurance supervisory

17  official of another state or federal agency for the use of the

18  department in the performance of its examination or

19  investigation duties pursuant to ss. 624.316 and 624.3161 are

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

21  and s. 24(a), Art. I of the State Constitution. This paragraph

22  is subject to the Open Government Sunset Review Act of 1995 in

23  accordance with s. 119.15 and shall stand repealed on October

24  2, 2007, unless reviewed and saved from repeal through

25  reenactment by the Legislature.

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

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

28  if:

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

30  such insurers or regulated companies is being monitored by the

31  department;

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    Florida House of Representatives - 2002                HB 1355

    784-118-01






  1         2.  The list is prepared to internally coordinate

  2  regulation by the department of the financial solvency,

  3  condition, or soundness of the insurers or regulated

  4  companies; and

  5         3.  The Insurance Commissioner and Treasurer determine

  6  that public inspection of such list could impair the financial

  7  solvency, condition, or soundness of such insurers or

  8  regulated companies.

  9         Section 2.  The Legislature finds that the exemption

10  from public disclosure of workpapers, or portions of

11  workpapers, prepared by the Department of Insurance or

12  received from an insurance supervisory official of another

13  state or federal agency for the use of the department in the

14  performance of its examination or investigation duties

15  pursuant to ss. 624.316 and 624.3161, Florida Statutes, is

16  necessary for the effective and efficient administration of a

17  government program. Disclosure of workpapers could indicate

18  the contents of examination reports, which are otherwise

19  confidential until they are filed, and of investigation

20  reports, which are otherwise confidential until the

21  investigation is completed or ceases to be active, and could

22  thus thwart the state's interest in assuring the integrity of

23  the regulatory process. Furthermore, workpapers, by the nature

24  of their incompleteness, have a higher risk of containing

25  inaccurate information about insurers and persons which, if

26  disclosed, could harm the business of a regulated entity or an

27  employee or officer of that entity.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 2002                HB 1355

    784-118-01






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  2                          HOUSE SUMMARY

  3
      Provides an exemption from public records requirements
  4    for workpapers, or portions of workpapers, prepared by
      the Department of Insurance or received from an insurance
  5    supervisory official of another state or federal agency
      for the use of the department in the performance of its
  6    examination or investigation of insurers or the market
      conduct of insurers. Provides a finding of public
  7    necessity. Provides for future review and repeal of the
      exemption.
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