Puts record owners on notice of the effect of marking a record as confidential or as a trade secret and makes clear the owner’s continuing responsibility toward those records.

DEPARTMENT OF FINANCIAL SERVICES
OIR Administration

RULE NO: RULE TITLE
69N-121.007: Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Office Forms
PURPOSE AND EFFECT: Puts record owners on notice of the effect of marking a record as confidential or as a trade secret and makes clear the owner’s continuing responsibility toward those records.
SUMMARY:
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.53, 624.308 FS.
LAW IMPLEMENTED: 119.01, 119.021, 119.07, 119.071, 120.53, 624.307(1), 624.311, 624.501, 627.919 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: May 18, 2006, 9:30 a.m.
PLACE: Room 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Prentiss, Assistant General Counsel, Office of Insurance Regulation, E-mail [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Prentiss, Assistant General Counsel, Office of Insurance Regulation, E-mail [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

69N-121.007 Public Records and Availability of Forms; Procedures for Inspecting and Copying Public Records and for Obtaining Office Forms

(1) through (10) No change.

(11) Assertions of Confidentiality Based on Trade Secret

(a) If the owner of a public record asserts that a particular document it has filed with the Office is confidential and exempt from a Chapter 119 public records request on the basis that the document is a trade secret within the purview of Section 812.081(1)(c), F.S., it shall clearly mark each document in the filing which it believes is a trade secret with the legend “Trade Secret; confidential and exempt”, and shall enclose with the filing a memorandum clearly setting forth the legal basis for such assertion for each document so marked.

(b) If a request pursuant to Chapter 119 is made for a public record, and the record has been marked in conformance with the procedure in paragraph (a), the following procedure will be used by the Office in response to that request:

1. The person receiving the request will immediately forward the request to the Legal Office.

2. The Legal Office will notify the owner that a request has been made under ch. 119 for that record.  The notification by the Legal Office will be made by U.S. Mail, by facsimile and by e-mail, as available in the records of the Office.

3. The notification will further inform the owner that the owner has ten business days in which to obtain a protective order, or a temporary injunction pending the ultimate determination, from a court of competent jurisdiction ordering the Office to not make the record available to the requesting party.

4. If no such order is obtained, or if the Office is not provided with such an order within ten days of the notification to the owner, the record will be made available to the requesting party.

Specific Authority 120.53, 624.308 FS. Law Implemented 119.01, 119.021, 119.031, 119.041, 119.07, 119.071, 120.53, 624.307(1), 624.311, 624.501, 627.919 FS.  History-New 1-1-75, Formerly 4-38.07. 4-38.007, Amended 2-5-87, 6-4-92, 5-30-95, Formerly 4-121.007, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bob Prentiss, Assistant General Counsel, Office of Insurance Regulation.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Steve Parton, General Counsel, Office of Insurance Regulation.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 3, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 28, 2005