Bill Text: FL S7190 | 2012 | Regular Session | Introduced

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Bill Title: OGSR/Florida Workers' Compensation Joint Underwriting Association, Inc.

Spectrum: Committee Bill

Status: (N/A - Dead) 2012-01-27 - Submit as committee bill by Governmental Oversight and Accountability (SB 2082) [S7190 Detail]

Download: Florida-2012-S7190-Introduced.html

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       Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7190
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-01616-12                                          20127190__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 627.3121, F.S., which
    4         provides an exemption from public records requirements
    5         for records held by the Florida Workers’ Compensation
    6         Joint Underwriting Association, Inc., and an exemption
    7         from public meetings requirements for meetings of the
    8         association’s board of governors, or a subcommittee of
    9         the association’s board, at which confidential and
   10         exempt records are discussed; saving the exemptions
   11         from repeal under the Open Government Sunset Review
   12         Act; removing the scheduled repeal of the exemptions;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 627.3121, Florida Statutes, is amended
   18  to read:
   19         627.3121 Public records and public meetings exemptions.—
   20         (1) The following records held by the Florida Workers’
   21  Compensation Joint Underwriting Association, Inc., are
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution:
   24         (a) Underwriting files, except that a policyholder or an
   25  applicant shall be provided access to his or her own
   26  underwriting files.
   27         (b) Claims files until termination of all litigation and
   28  the settlement of all claims arising out of the same accident,
   29  except that portions of the claims files may remain confidential
   30  or exempt if otherwise provided by law.
   31         (c) Records obtained or generated by an auditor pursuant to
   32  a routine audit until the audit is completed or, if the audit is
   33  conducted as part of an investigation, until the investigation
   34  is closed or ceases to be active. An investigation is considered
   35  “active” while the investigation is being conducted with a
   36  reasonable, good faith belief that it could lead to the filing
   37  of administrative, civil, or criminal proceedings.
   38         (d) Proprietary information licensed to the association
   39  under contract if the contract requires the association to
   40  maintain the confidentiality of such information.
   41         (e) Medical records, which include information relating to
   42  the medical condition or medical status of an individual.
   43         (f) All records relative to an employee’s participation in
   44  an employee assistance program upon the entrance of the employee
   45  into the program, except as otherwise provided in s. 440.102(8).
   46         (g) Information relating to negotiations for financing,
   47  reinsurance, reinsurance commutation agreements, depopulation,
   48  or contractual services until the conclusion of the
   49  negotiations.
   50         (h) Reports provided to or submitted by the association
   51  regarding suspected fraud or other criminal activity and
   52  producer appeals and related reporting regarding suspected
   53  misconduct until such investigation is closed or ceases to be
   54  active.
   55         (i) Information received from the Department of Revenue
   56  regarding payroll information and client lists of employee
   57  leasing companies obtained pursuant to ss. 440.381 and 468.529.
   58         (j) A public record prepared by an attorney retained by the
   59  association to protect or represent the interests of the
   60  association, or prepared at the attorney’s express direction,
   61  that reflects a mental impression, conclusion, litigation
   62  strategy, or legal theory of the attorney or the association.
   63  This protection is not waived by the release of such public
   64  record to another employee or officer of the same association or
   65  any person consulted by the association attorney.
   66         (2)(a) The association may release confidential and exempt
   67  underwriting files and claims files to:
   68         1. A carrier that is considering underwriting a risk
   69  insured by the association;
   70         2. A producer seeking to place such a risk with such a
   71  carrier; or
   72         3. Another entity seeking to arrange voluntary market
   73  coverage for association risks.
   74         (b) Prior to the release authorized in paragraph (a), the
   75  carrier, producer, or other entity must agree in writing,
   76  notarized and under oath, to maintain the confidential and
   77  exempt status of such file until that carrier, producer, or
   78  other entity agrees to underwrite the risk or provide voluntary
   79  market coverage.
   80         (3) Records made confidential and exempt by this section
   81  may be released, upon written request, to another agency in the
   82  performance of that agency’s official duties and
   83  responsibilities.
   84         (4)(a) That portion of a meeting of the association’s board
   85  of governors, or any subcommittee of the association’s board, at
   86  which records made confidential and exempt by this section are
   87  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
   88  State Constitution.
   89         (b) All exempt portions of meetings shall be recorded and
   90  transcribed. The board shall record the times of commencement
   91  and termination of the meeting, all discussion and proceedings,
   92  the names of all persons present at any time, and the names of
   93  all persons speaking. An exempt portion of any meeting may not
   94  be off the record.
   95         (c) Subject to this section and s. 119.021(2), the court
   96  reporter’s notes of any exempt portion of a meeting shall be
   97  retained by the association for a minimum of 5 years.
   98         (d)1. A transcript and minutes of exempt portions of
   99  meetings are confidential and exempt from s. 119.07(1) and s.
  100  24(a), Art. I of the State Constitution.
  101         2. Those portions of the transcript or the minutes
  102  pertaining to a confidential and exempt claims file are no
  103  longer confidential and exempt upon termination of all
  104  litigation with regard to that claim.
  105         (5) This section is subject to the Open Government Sunset
  106  Review Act in accordance with s. 119.15 and shall stand repealed
  107  on October 2, 2012, unless reviewed and saved from repeal
  108  through reenactment by the Legislature.
  109         Section 2. This act shall take effect October 1, 2012.