Senate Bill sb1478

    Florida Senate - 2002                                  SB 1478

    By Senator Clary





    7-1230-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         624.319, F.S.; exempting workpapers relating to

  4         examinations and investigations of insurers

  5         from public records requirements; providing for

  6         future legislative review and repeal; providing

  7         findings of public necessity; providing an

  8         effective date.

  9

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

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

13  Statutes, is amended to read:

14         624.319  Examination and investigation reports.--

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

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

17  Investigation reports are confidential and exempt from the

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

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

20  subsection, an investigation is active while it is being

21  conducted by the department with a reasonable, good faith

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

23  civil, or criminal proceedings.  An investigation does not

24  cease to be active if the department is proceeding with

25  reasonable dispatch and has a good faith belief that action

26  could be initiated by the department or other administrative

27  or law enforcement agency. After an investigation is completed

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

29  relating to the investigation remain confidential and exempt

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

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    Florida Senate - 2002                                  SB 1478
    7-1230-02




  1         1.  Jeopardize the integrity of another active

  2  investigation;

  3         2.  Impair the safety and financial soundness of the

  4  licensee or affiliated party;

  5         3.  Reveal personal financial information;

  6         4.  Reveal the identity of a confidential source;

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

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

  9  individual; or

10         6.  Reveal investigative techniques or procedures.

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

12  the department or received from an insurance supervisory

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

14  department in the performance of its examination or

15  investigation duties pursuant to ss. 624.316 and 624.3161 are

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

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

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

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

20  2, 2007, unless reviewed and saved from repeal through

21  reenactment by the Legislature.

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

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

24  if:

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

26  such insurers or regulated companies is being monitored by the

27  department;

28         2.  The list is prepared to internally coordinate

29  regulation by the department of the financial solvency,

30  condition, or soundness of the insurers or regulated

31  companies; and

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    Florida Senate - 2002                                  SB 1478
    7-1230-02




  1         3.  The Insurance Commissioner and Treasurer determine

  2  that public inspection of such list could impair the financial

  3  solvency, condition, or soundness of such insurers or

  4  regulated companies.

  5         Section 2.  The Legislature finds that the exemption

  6  from public disclosure of workpapers relating to an

  7  examination or investigation is necessary for the effective

  8  and efficient administration of a government program.

  9  Disclosure of workpapers could indicate the contents of

10  examination reports, which are otherwise confidential until

11  they are filed, and of investigation reports, which are

12  otherwise confidential until the investigation is completed or

13  ceases to be active, and could thus thwart the state's

14  interest in assuring the integrity of the regulatory process.

15  Furthermore, workpapers, by the nature of their

16  incompleteness, have a higher risk of containing inaccurate

17  information about insurers and persons which, if disclosed,

18  could harm the business of a regulated entity or an employee

19  or officer of that entity.

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

21  law.

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24                          SENATE SUMMARY

25    Exempts partial and complete workpapers of the Department
      of Insurance in the performance of its examination or
26    investigation duties from public records disclosure.

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