| 1 | Representative Schwartz offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Between lines 20 and 21, insert: | 
| 5 | Section 13.  Paragraph (w) of subsection (6) of section | 
| 6 | 627.351, Florida Statutes, is amended to read: | 
| 7 | 627.351  Insurance risk apportionment plans.-- | 
| 8 | (6)  CITIZENS PROPERTY INSURANCE CORPORATION.-- | 
| 9 | (w)1.  The following records of the corporation are | 
| 10 | confidential and exempt from the provisions of s. 119.07(1) and | 
| 11 | s. 24(a), Art. I of the State Constitution: | 
| 12 | a.  Underwriting files, except that a policyholder or an | 
| 13 | applicant shall have access to his or her own underwriting | 
| 14 | files. Confidential and exempt underwriting file records may | 
| 15 | also be released to other governmental agencies upon written | 
| 16 | request and demonstration of need; such records held by the | 
| 17 | receiving agency remain confidential and exempt as provided | 
| 18 | herein. | 
| 19 | b.  Claims files, until termination of all litigation and | 
| 20 | settlement of all claims arising out of the same incident, | 
| 21 | although portions of the claims files may remain exempt, as | 
| 22 | otherwise provided by law. Confidential and exempt claims file | 
| 23 | records may be released to other governmental agencies upon | 
| 24 | written request and demonstration of need; such records held by | 
| 25 | the receiving agency remain confidential and exempt as provided | 
| 26 | forherein. | 
| 27 | c.  Records obtained or generated by an internal auditor | 
| 28 | pursuant to a routine audit, until the audit is completed, or if | 
| 29 | the audit is conducted as part of an investigation, until the | 
| 30 | investigation is closed or ceases to be active. An investigation | 
| 31 | is considered "active" while the investigation is being | 
| 32 | conducted with a reasonable, good faith belief that it could | 
| 33 | lead to the filing of administrative, civil, or criminal | 
| 34 | proceedings. | 
| 35 | d.  Matters reasonably encompassed in privileged attorney- | 
| 36 | client communications. | 
| 37 | e.  Proprietary information licensed to the corporation | 
| 38 | under contract and the contract provides for the confidentiality | 
| 39 | of such proprietary information. | 
| 40 | f.  All information relating to the medical condition or | 
| 41 | medical status of a corporation employee which is not relevant | 
| 42 | to the employee's capacity to perform his or her duties, except | 
| 43 | as otherwise provided in this paragraph. Information that which  | 
| 44 | is exempt shall include, but is not limited to, information | 
| 45 | relating to workers' compensation, insurance benefits, and | 
| 46 | retirement or disability benefits. | 
| 47 | g.  Upon an employee's entrance into the employee | 
| 48 | assistance program, a program to assist any employee who has a | 
| 49 | behavioral or medical disorder, substance abuse problem, or | 
| 50 | emotional difficulty which affects the employee's job | 
| 51 | performance, all records relative to that participation shall be | 
| 52 | confidential and exempt from the provisions of s. 119.07(1) and | 
| 53 | s. 24(a), Art. I of the State Constitution, except as otherwise | 
| 54 | provided in s. 112.0455(11). | 
| 55 | h.  Information relating to negotiations for financing, | 
| 56 | reinsurance, depopulation, or contractual services, until the | 
| 57 | conclusion of the negotiations. | 
| 58 | i.  Minutes of closed meetings regarding underwriting | 
| 59 | files, and minutes of closed meetings regarding an open claims | 
| 60 | file until termination of all litigation and settlement of all | 
| 61 | claims with regard to that claim, except that information | 
| 62 | otherwise confidential or exempt by law shall willbe redacted. | 
| 63 | 2.  If Whenan authorized insurer is considering | 
| 64 | underwriting a risk insured by the corporation, relevant | 
| 65 | underwriting files and confidential claims files may be released | 
| 66 | to the insurer provided the insurer agrees in writing, notarized | 
| 67 | and under oath, to maintain the confidentiality of such files. | 
| 68 | If Whena file is transferred to an insurer that file is no | 
| 69 | longer a public record because it is not held by an agency | 
| 70 | subject to the provisions of the public records law. | 
| 71 | Underwriting files and confidential claims files may also be | 
| 72 | released to staff ofand the board of governors of the market | 
| 73 | assistance plan established pursuant to s. 627.3515, who must | 
| 74 | retain the confidentiality of such files, except such files may | 
| 75 | be released to authorized insurers that are considering assuming | 
| 76 | the risks to which the files apply, provided the insurer agrees | 
| 77 | in writing, notarized and under oath, to maintain the | 
| 78 | confidentiality of such files. Finally, the corporation or the | 
| 79 | board or staff of the market assistance plan may make the | 
| 80 | following information obtained from underwriting files and | 
| 81 | confidential claims files available to licensed general lines | 
| 82 | insurance agents: name, address, and telephone number of the | 
| 83 | residential property owner or insured; location of the risk; | 
| 84 | rating information; loss history; and policy type. The receiving | 
| 85 | licensed general lines insurance agent must retain the | 
| 86 | confidentiality of the information received. | 
| 87 | 3.  A policyholder who has filed suit against the | 
| 88 | corporation has the right to discover the contents of his or her | 
| 89 | own claims file to the same extent that discovery of such | 
| 90 | contents would be available from a private insurer in litigation | 
| 91 | as provided by the Florida Rules of Civil Procedure, the Florida | 
| 92 | Evidence Code, and other applicable law. Pursuant to subpoena, a | 
| 93 | third party has the right to discover the contents of an | 
| 94 | insured's or applicant's underwriting or claims file to the same | 
| 95 | extent that discovery of such contents would be available from a | 
| 96 | private insurer by subpoena as provided by the Florida Rules of | 
| 97 | Civil Procedure, the Florida Evidence Code, and other applicable | 
| 98 | law, and subject to any confidentiality protections requested by | 
| 99 | the corporation and agreed to by the seeking party or ordered by | 
| 100 | the court. The corporation may release confidential underwriting | 
| 101 | and claims file contents and information as it deems necessary | 
| 102 | and appropriate to underwrite or service insurance policies and | 
| 103 | claims, subject to any confidentiality protections deemed | 
| 104 | necessary and appropriate by the corporation. | 
| 105 | 4. 2.Portions of meetings of the corporation are exempt | 
| 106 | from the provisions of s. 286.011 and s. 24(b), Art. I of the | 
| 107 | State Constitution wherein confidential underwriting files or | 
| 108 | confidential open claims files are discussed. All portions of | 
| 109 | corporation meetings which are closed to the public shall be | 
| 110 | recorded by a court reporter. The court reporter shall record | 
| 111 | the times of commencement and termination of the meeting, all | 
| 112 | discussion and proceedings, the names of all persons present at | 
| 113 | any time, and the names of all persons speaking. No portion of | 
| 114 | any closed meeting shall be off the record. Subject to the | 
| 115 | provisions hereof and s. 119.07(1)(e)-(g), the court reporter's | 
| 116 | notes of any closed meeting shall be retained by the corporation | 
| 117 | for a minimum of 5 years. A copy of the transcript, less any | 
| 118 | exempt matters, of any closed meeting wherein claims are | 
| 119 | discussed shall become public as to individual claims after | 
| 120 | settlement of the claim. | 
| 121 | 
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| 122 | ----------------------------------------------------- | 
| 123 | T I T L E  A M E N D M E N T | 
| 124 | Between lines 2-3 insert: | 
| 125 | 627.351, F.S.; clarifying the right of certain | 
| 126 | parties to discover underwriting and claims file | 
| 127 | records; authorizing the corporation to release | 
| 128 | such records as it deems necessary; amending s. |