Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 628
Barcode 654244
CHAMBER ACTION
Senate House
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05/02/2007 11:56 AM .
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11 Senator Posey moved the following amendment:
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13 Senate Amendment
14 On page 6, line 24, through
15 page 7, line 4 delete those lines
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17 and insert: private. The Legislature finds that the internal
18 audit process, and therefore accountability to the public,
19 will be damaged if records relating to an incomplete internal
20 audit or investigation are made public. The Legislature also
21 finds that although the association is an agency within the
22 meaning of the public-records and open-meetings laws, the
23 association essentially operates as a private business. Its
24 core function is to engage in the business of providing
25 workers' compensation insurance coverage as distinguished from
26 an agency whose core functions are governmental in nature. The
27 association does not exercise the authority or perform the
28 functions of a department or political subdivision and lacks
29 the power to enforce laws. The Legislature further finds that
30 the general exemptions in chapters 119 and 286 relating to
31 records created by attorneys and communications with attorneys
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 628
Barcode 654244
1 are designed to address the needs of agencies providing
2 governmental functions and are generally limited to matters
3 relating to litigation and adversarial administrative matters.
4 As distinguished from agencies providing governmental
5 functions, the association receives the advice of counsel on
6 the entire range of matters on which a similarly situated
7 private business would receive advice of counsel, including
8 matters that do not involve litigation or adversarial
9 administrative matters. These include, but are not limited to,
10 legal advice relating to business negotiations with private
11 entities which provide the association with reinsurance,
12 policy issuance, policy administration, underwriting, and
13 payroll audit services, with insurance agents who may act as
14 producers of insurance business to the association, and with
15 other entities which provide services to private market
16 insurers. Accordingly, the Legislature finds that the
17 association would not be able to carry out its core business
18 functions effectively without the free and confidential
19 exchange of attorneys' mental impressions, conclusions,
20 litigation strategies, and legal theories, both as to business
21 matters and as to litigation and adversarial administrative
22 matters.
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