The proposed amendments to Rules 69E-121.007 and 69E-121.010, F.A.C., will update the rules to conform to the current statutory provisions in the Florida Public Records Law, Chapter 119, F.S., and the Florida Insurance Code, Chapters 624-632, 634, ...  

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    DEPARTMENT OF FINANCIAL SERVICES
    Division of Administration

    RULE NO.: RULE TITLE:
    69E-121.007: Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Department Forms
    69E-121.010: Indexing, Management, and Availability of Final Orders
    69E-121.087: Fingerprint Fee

    PURPOSE AND EFFECT: The proposed amendments to Rules 69E-121.007 and 69E-121.010, F.A.C., will update the rules to conform to the current statutory provisions in the Florida Public Records Law, Chapter 119, F.S., and the Florida Insurance Code, Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S. Rule 69E-121.087, F.A.C., is repealed.

    SUMMARY: Rule 69E-121.007, F.A.C., is amended to add definitions for the terms “clerical or supervisory assistance” and “use of information technology resources”; to delete the list of statutory citations to exemptions to the Public Records Law; to update the procedure for requesting public records; to require that the requester pay the entire estimated amount in advance of the work on the public records request; changes the charge for copying from 50 cents to 15 cents per page; clarifies when the special service charge for extensive use of personnel or information technology resources will be imposed; and deletes obsolete provisions of the rule. Rule 69E-121.010, F.A.C., is amended to change the charge for copying from 50 cents per page to 15 cents per page and to add a fee of $5.00 for each certificate under seal authenticating a final order. Rule 69E-121.087, F.A.C., is repealed.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed changes and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

    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.

    RULEMAKING AUTHORITY: 17.29, 120.533, 624.308, 717.138 FS.

    LAW IMPLEMENTED: 119.01, 119.011, 119.021, 119.07, 120.53, 624.23, 624.231, 624.307(1), 624.311, 624.501 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: October 15, 2012, 10:00 a.m.

    PLACE: Room 142, Larson Building, 200 E. Gaines Street, Tallahassee, FL

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Stephanie Iliff, Director, Division of Administration, 200 E. Gaines Street, Tallahassee, FL 32399-0313, (850)413-2014 or Stephanie.Iliff@ MyFloridaCFO.com

    THE FULL TEXT OF THE PROPOSED RULES IS:

    69E-121.007 Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Department Forms; Fees.

    (1) Purposes. This rule serves several purposes. These are set out below with references to other parts of the rule which more specifically address those purposes.

    (a) The rule establishes reasonable procedures for inspecting and copying public records of the Department, in compliance with the spirit and purpose of the “Public Records Law,” Chapter 119, F.S. The Department fully supports the purpose of the Public Records Law: that public access to government activities is crucial to the proper functioning of a free and democratic society. Except as limited by applicable statutory restriction, as set out in subsection (3), all records of the Department are public and shall be made available for inspection and examination or for copying. These procedures may be found in subsections (4) through (9).

    (b) The rule establishes procedures to provide for the safety and security of the Department’s public records. The Department’s regulatory responsibilities under the Florida Insurance Code, and as Chief Financial Officer and State Fire Marshal include maintaining the security of all the Department’s public records; adherence to retention and destruction schedules mandated by the Department of State; and the proper handling of those documents which are exempt, whether temporarily or permanently, from public inspection. These procedures are found throughout subsections (4) through (9).

    (c) The rule establishes a procedure for the public to obtain forms adopted and used by the Department in carrying out its regulatory responsibilities. This procedure may be found in subsection (10).

    (1)(2) Definitions:

    (a) “Archived records” are those records of historical value which are permanently retained by the Florida State Archives of the Department of State.

    (b) “Clerical or supervisory assistance” includes searching for and locating the requested record, reviewing for statutorily exempt or confidential information, redaction of statutorily exempt or confidential information, preparing, and copying and re-filing the requested record.

    (c) “Current rate of pay” means, for Department employees, that employee’s salary plus benefits divided by 2080, or for persons employed by the Department to supervise or otherwise assist in the provision of public records, that person’s hourly rate as charged to the Department by that person’s employer.

    (d) “Department” means the Florida Department of Financial Services.

    (e) “Extensive,” as used in Section 119.07(4)(d), F.S., means that it will take more than 30 minutes of time expended by personnel to provide clerical or supervisory assistance or use information technology resources or both.

    (f) “Forms” means those forms used by the Department in carrying out its regulatory responsibilities, that have been adopted and incorporated by reference in the Department’s rules in Title 69 of the Florida Administrative Code.

    (g)(a) “Public recordsmeans the definition provided in Section 119.011, F.S. include all documents, papers, letters, maps, books, audio and video tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by the Department, which are used to perpetuate, communicate or formalize knowledge.

    (h)(b) The “Public Records Law” means is Chapter 119, F.S.

    (c) “Department” is the Florida Department of Financial Services.

    (d) “Investigation” means those activities which are statutorily exempt from inspection, examination and copying under the Public Records Law.

    (e) The term “forms” refers to those forms, used by the Department in carrying out its regulatory responsibilities, which have been adopted and incorporated by reference in the Department’s rules in Title 69 of the Florida Administrative Code.

    (f) The term “requester” refers to a person who has made a public records request to inspect, examine, or copy documents in the custody or control of the Department pursuant to Chapter 119, F.S.

    (g) The term “Agency Clerk for Public Records Requests” is that person designated by the Chief Financial Officer to receive and respond to public records requests under Chapter 119, F.S.

    (h) “Request for information” means any request made by the public to inspect, examine, or copy public records.

    (i) “Public Record Document Viewing Room (PRDVR)” refers to the facility in the Larson Building, 200 East Gaines Street, Tallahassee, Florida, which is provided, maintained, and staffed by the Department for the purpose of reviewing public records of microfilmed form and rate filings, and hard copies of annual and quarterly financial statements filed by entities regulated by the Department. This room is operated by the Department’s Document Processing Section. See subsection (6).

    (j) “Extensive,” as used in Section 119.07(1)(b), F.S., means that it will take more than 15 minutes to locate, review for confidential information, copy and refile the requested material.

    (j) “Requester” means a person who has made a request to inspect or copy a public record in the custody or control of the Department pursuant to Chapter 119, F.S.

    (k) “Request for a public record” means any request made by a person to inspect or copy public records.

    (l)(k) “Special service charge,means the charge authorized as used in Section 119.07(4)(d) (1)(b), F.S., which charge will be computed to the nearest quarter of an hour exceeding 30 15 minutes based on the current rate of pay of the lowest paid personnel who, in the discretion of the Department, has the necessary skill and training to perform the request for the person who performed the service and will be assessed when appropriate regardless of the number of individual copies made.

    (l) “Current rate of pay” means, for Department employees, that employee’s salary plus benefits divided by 2080, or for persons employed by the Department to supervise or otherwise assist in the provision of public records, that person’s hourly rate as charged to the Department by that person’s employer.

    (m) “Archived records” are those records of historical value which are permanently retained by the Florida State Archives of the Department of State.

    (m)(n) “Stored records” are those records which are inactive but that must be kept for legal or fiscal reasons. These records are routinely transferred by the Department to the Florida Records Center, Tallahassee, Florida, or other rented facilities for storage until the time for retaining them has expired pursuant to the retention schedule for those documents mandated by the Department of State.

    (n) “Use of information technology resources” is the use of information technology resources, as defined in Section 119.011, F.S., and includes the amount of computer time allocated to the project, including setup, implementation, and use of information technology resources, as well as the time it takes Department personnel to research, compile and format data.

    (3) Records which are exempt from inspection, examination, and copying under the Public Records Law. Section 119.07(3)(a), F.S., provides an exemption from inspection, examination, and copying of those public records which are “presently provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law.” The following is a list of those records presently exempt. Any exemption hereafter enacted shall not be deemed waived or otherwise void or unenforceable simply because it is not included in this list. The short description of the exemption following the citation is intended solely as a quick indication of the topic of the exemption and not as a legally binding description or definition. The statute should be consulted for a more complete understanding of the exemption.

    (a) Section 119.07(3)(c), F.S.: examination question and answer sheets.

    (b) Section 119.07(3)(n), F.S.: attorney work product.

    (c) Section 119.07(3)(dd), F.S.: social security numbers of state employees.

    (d) Section 284.40(2), F.S.: Risk Management claim files.

    (e) Sections 119.07(3)(b) and 624.319(3), F.S.: examination and investigation reports.

    (f) Section 624.310(3)(f), F.S.: certain emergency orders.

    (g) Section 624.311(2), F.S.: insurance claim negotiations of state agencies and political subdivisions.

    (h) Section 624.82, F.S.: proceedings and records relating to administrative supervision.

    (i) Section 624.91, F.S.: confidential information obtained by the Healthy Kids Corporation remains confidential.

    (j) Section 625.121(3)(a)10., F.S.: memorandum in support of actuarial opinion regarding reserves under the Standard Valuation Law.

    (k) Section 626.511(3), F.S.: reasons for termination: agents, solicitors, and other insurance representatives.

    (l) Section 626.521(4), F.S.: agents, adjusters, other insurance representatives: character and credit reports.

    (m) Section 626.601(6), F.S.: investigations of agents, adjusters, and other insurance representatives.

    (n) Section 626.631(2), F.S.: documents and other evidence relating to revocations of those licensed under Chapter 626, F.S.

    (o) Section 626.7492(3)(f), F.S.: summary of refusal to issue reinsurance intermediary license.

    (p) Section 626.921(3), F.S.: certain filings by surplus lines agents.

    (q) Section 626.989(5), F.S.: records of fraud investigations.

    (r) Section 627.351(4)(g), F.S.: certain claim files in the medical malpractice joint underwriting association.

    (s) Section 627.6699(8)(c), F.S.: small employer carrier rating and renewal practices.

    (t) Section 627.736(9)(a), F.S.: reports of PIP cancellations and nonrenewals.

    (u) Section 627.912(2)(e), F.S.: certain information regarding professional liability claims.

    (v) Section 627.9122(2)(e), F.S.: certain information regarding officers’ and directors’ liability claims.

    (w) Section 627.9126(3)(a)6., F.S.: certain information provided by liability insurers.

    (x) Section 631.398(1), F.S.: reports and recommendations made to the Department relating to insurer solvency.

    (y) Section 631.62(2), F.S.: request from FIGA board of directors to examine a member insurer.

    (z) Section 631.62(3), F.S.: reports and recommendations made to the Department by the FIGA board of directors relating to insurer solvency.

    (aa) Section 631.723(1), F.S.: reports and recommendations made to the Department by the FLHIGA board of directors relating to insurer solvency.

    (bb) Section 631.723(3), F.S.: request from FLHIGA board of directors to examine a member insurer.

    (cc) Section 633.111, F.S.: fire and arson investigations.

    (dd) Section 633.175(4), F.S.: information relating to fraudulent insurance claims involving fire.

    (ee) Section 633.527(1), F.S.: test material relating to applicants for licensure under Chapter 633, F.S.

    (ff) Section 634.045(5), F.S.: filings made by guarantee organizations relating to motor vehicle service warranty associations.

    (gg) Section 634.141, F.S.: examinations of motor vehicle service warranty associations pursuant to Section 624.319, F.S.

    (hh) Section 634.201(3), F.S.: investigations of motor vehicle service warranty association salesmen.

    (ii) Section 634.314, F.S.: examinations of home warranty associations pursuant to Section 624.319, F.S.

    (jj) Section 634.348, F.S.: active examination and investigatory records relating to home warranty associations.

    (kk) Section 634.4065(5), F.S.: filings made by guarantee organizations relating to service warranty associations.

    (ll) Section 634.444, F.S.: active examination and investigatory records relating to service warranty associations.

    (mm) Section 634.26(3), F.S.: active investigations of bail bondsmen and runners.

    (nn) Section 648.266, F.S.: confidential information obtained by Bail Bond Advisory Council to remain confidential.

    (oo) Section 648.39(1), F.S.: termination information regarding bail bondsmen.

    (pp) Section 648.41, F.S.: termination information regarding runners.

    (qq) Section 648.46(3), F.S.: active investigation of bail bondsman.

    (rr) Section 651.105(3), F.S.: active investigations of continuing care providers.

    (ss) Section 651.121(5)(c), F.S.: records of the Continuing Care Advisory Council regarding providers placed in administrative supervision.

    (tt) Section 651.134, F.S.: active investigations and examinations of continuing care providers.

    (uu) Section 766.105(3)(e), F.S.: claim files of the Florida Patient’s Compensation Fund.

    (vv) Section 766.314(8), F.S.: hospital records sent to the Florida Birth-Related Neurological Injury Compensation Association.

    (ww) Section 768.28: Risk Management claims evaluation.

    (xx) Section 815.04(3)(a), F.S.: trade secrets, as defined in Section 812.081, F.S., in the possession of the Department.

    (yy) Section 943.0585, F.S.: expunged criminal history records.

    (zz) Section 943.059, F.S.: criminal history records sealed by court order.

    (2)(4) General Procedures regarding Public Records. For specific procedures, depending on the nature of the record document, see subsections (3)(5) through (6)(9).

    (a) Location of Department Records Documents. The Department’s records documents are located in several places. Many may be found at the Department’s headquarters in Tallahassee, Florida,; others are in the Department’s several field offices,; some are stored in rented facilities, and others are stored in the custody of the Department of State at the Florida Records Storage Center in Tallahassee, Florida. The Department is solely responsible for arranging for inspection of any Department records stored in its various offices, rented facilities or the Florida Records Storage Center. Records that which are archived are in the custody of the Department of State and are housed in the R. A. Gray Building, Tallahassee, Florida.

    (b) Where Documents May be Inspected, Examined or Copied. A requester may inspect, examine, or copy public records at the Larson Building in Tallahassee; in another Department building in Tallahassee or in a field office, if the subject records are located in that building; in the Florida State Archives; or in the Florida Records Storage Center; or in the Florida State Archives. In order to maintain the integrity of the Department’s records, inspection, examination and copying shall be made in the building in which they are located. Arrangements to inspect or copy records that are stored in the Florida Records Storage Center, Tallahassee, Florida, awaiting destruction in accordance with the requirements of the Department of State, may be made by contacting the Public Records Unit. Arrangements to inspect, examine and copy records at the Florida State Archives may be made by contacting the Department of State calling (850)488-2073. Arrangements to inspect, examine, and copy records which are stored in the Florida Records Storage Center, Tallahassee, Florida, awaiting destruction in accordance with the requirements of the Department of State, may be made by contacting the Agency Clerk for Public Records Requests at (850)413-4167.

    (c) Supervision of Inspection, Examination and Copying of Public Records. The Public Records Law recognizes that agencies are responsible for the integrity and security of their records and provides that inspection, examination and copying of public records be under the supervision of the custodian of the records. The Department will provide the necessary supervision in a variety of ways, depending on the nature of the request and the documents involved. The supervision will be accomplished either by a Department employee if one is available or by a person from a temporary help service hired by the Department. Under no circumstances will inspection or copying of Department records be unsupervised left alone with a requester.

    (d) Applicable Fees and Charges.

    1. Advance Payment. Pursuant to the provisions of Article VII, Section 10 of the Florida Constitution, the Department is prohibited from extending credit. Further, Section 119.07(4)(d) (1)(a), F.S., provides says that the records custodian “shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law . . .” Additionally, Section 624.501, F.S., provides that the “department . . . shall collect in advance, and persons so served shall pay to it in advance, fees, licenses, and miscellaneous charges as follows . . .” Therefore, all fees and charges applicable to a particular public records request must be paid in advance of the performance by the Department of the copying or other work that will be necessary to comply with the request (aside from the work needed to calculate or estimate the fees and charges). The Department will prepare an invoice reflecting the applicable charge once the total number of copies and any special service charge is known. If Where the precise amount of the special service charge or copy charge cannot be calculated in advance, the special service charge shall be estimated, and the requester shall be required to pay seventy-five percent of the estimate prior to the Department’s beginning work, and the requester must pay that estimated amount in advance of work on the request; the balance will be, adjusted as necessary to reflect actual charges incurred, upon completion of the special services and the requester must pay any additional amounts due before receiving the records. If a refund is in order, this will be provided by the Department. The requester shall make his or her check or money order payable to the “Florida Department of Financial Services” and shall deliver it to the Department. Upon receipt, the Department shall furnish the copies to the requester. If a requester pays in cash or pays in person by check or money order, he or she will be escorted by a Department employee to the Accounts Receivable Section in the Bureau of Financial and Support Services where the cash, check or money order will be accepted and a receipt provided.

    2. Section 624.501(19)(a), F.S., requires the Department to charge 15 50 cents a page for copies of documents or records on file with the Department. Section 119.07(1)(a), F.S., permits the Department to charge an additional 5 cents per page for two-sided copies. The Department will copy documents two-sided if specifically requested. However, since copying two-sided takes longer than copying one-sided, requesters should be aware that a special service charge will apply if the production of the documents becomes extensive. See paragraphs (1)(2) (c)(j), (e)(k) and (l). Further Section 624.501, F.S., requires the Department to charge $5.00 for each certificate under seal authenticating any document or other instrument.

    3. Special Service Charge for Extensive Use of Personnel or Information Technology Resources.

    a. Pursuant to Section 119.07(4)(d) (1)(b), F.S., a special service charge will be charged, in addition to any cost for copies, when the time spent in responding to the public records request by clerical or supervisory personnel is “extensive,” as that term is defined in paragraph (1)(e) (2)(j), above. The “special service charge” will be computed as defined in paragraph (1)(l) (2)(k), above, in accordance with the definition of “current rate of pay,” as defined in paragraph (1)(c) (2)(l), above, and will begin to be assessed after the extensive use period begins. In the case of records inspection requests, copying and special service charges will be assessed where, because part of the records are exempt from disclosure and need redacting, a set of redacted records must be made to allow inspection, and the redacting process will require extensive use of clerical, supervisory or technical resources or both.

    b. Pursuant to Section 119.07(4)(d) (1)(b), F.S., a special service charge for requests requiring data supplied on a computer diskette which requires extensive use of information technology resources as defined in paragraph (1)(n), above will be assessed after the extensive use period begins, but which is otherwise readily available from the Department’s computer database will be calculated by taking into account the following factors: the cost of the diskette; the amount of computer time allocated to the project; the current rate of pay of Department personnel compiling the information, multiplied by the time allocated to the project, which time shall include researching, compiling, and formatting the data as well as any other direct costs associated with providing the data in a readable format on a diskette.

    (e) Duplication of Documents other than Paper. The Department will duplicate or arrange for the duplication of audio tapes, video tapes, and microfilm, if available, on request. The Department does not have its own facilities to perform these functions. Therefore, the Department will make arrangements with a commercial service to make duplicates. The requester will be charged the actual cost to the Department charged by the commercial service plus a special service charge, if making the arrangements for the duplication takes more than 30 15 minutes. Under no circumstances will the Department’s documents be released to the requester for duplication nor will Department employees make duplicates at home using their own equipment.

    (3)(5) Agency Clerk for Public Records Requests (the Clerk).

    (a) Requests shall be made directly to the Department division, bureau, office or other subordinate section in which the records are maintained, if known. If this information is not known, requesters can make requests directly to the Department’s Public Record Unit, Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0311, which will route requests appropriately. Requests for responses by multiple offices of the Department shall also be made to the Public Record Unit for routing and disposition. In order to ensure the most expeditious response, all public records requests should be in writing, addressed to: Agency Clerk for Public Records Requests, G49 Larson Building, 200 East Gaines Street, Tallahassee, FL 32399-0307. Requests may also be made by calling (850)413-4167, or by fax at (850)921-6117. Requests are not required to be in writing. However, requesters should be aware that the Department regulates many individual people and individual companies with names that are very similar. The Department will make every effort to ensure that records concerning the person or company intended by the requester are provided. However, if a miscommunication occurs because a request was not in writing, the requester will be expected to pay for any copies made in error.

    (b) The Clerk will then direct the request to that part or those parts of the Department where the records are located. With the assistance of the Department personnel having immediate control of the records, the Clerk will determine when the documents will be available; where they may be inspected, examined or copied; the approximate number of documents involved; and a rough estimate of the cost of the inspection, examination or copying. This information will be communicated to the requester so that the requester can either confirm that he wishes to go forward with the request as originally stated or can modify his request. The Clerk and the requester will then make arrangements for the inspection, examination, and copying in accordance with the general procedures described in subsection (4).

    (c) If the request is one that is handled routinely by the Public Document Viewing Room, the Clerk will transmit the request to the person in charge of the PDVR and subsequent arrangements will be made in accordance with subsection (6).

    (b)(d) If the request is one involving the Department’s final orders, as indexed pursuant to Rule 69E-121.010, F.A.C., the request may be made directly to, or will be transmitted Clerk will transmit that request to the Division of Legal Services for processing.

    (6) Public Document Viewing Room (PDVR). During the first two years of its operation, this room has been used almost exclusively by attorneys and commercial search services to review, on behalf of competitors, other insurers’ form and rate filings and financial statements. Therefore, the procedures for the use of this room are designed to most expeditiously accommodate that part of the public. Requesters wishing to inspect, examine or copy any of the documents routinely available in this facility but not wishing to comply with the procedures of this subsection should direct their request to the Agency Clerk for Public Records Requests. See subsection (5).

    (a) Records Available in this Facility. The records available are insurer form and rate filings initially submitted by a company authorized to do business in Florida; approved or disapproved form and rate filings submitted by a company authorized to do business in Florida; and annual and quarterly financial statements filed by companies doing business in Florida.

    (4)(b) Public Record Viewing Room (PRVR) Access to the PDVR.

    (a)1. Hours of Operation. The PRVR room is open during the Department’s normal business hours from 9:00 a.m. to 4:00 p.m., Monday through Thursday. The room is closed between 4:00 and 5:00 p.m. to allow the staff to refile documents used that day and to assemble the documents necessary for the next day’s appointments. The room is closed on Friday to allow for maintenance and servicing of the copiers and microfilm readers.

    2. Appointments. Appointments are scheduled on a first-come, first-served basis. Appointments are scheduled for the first available date and time. The appointment must be confirmed in writing by the requester, together with written confirmation of the documents to be inspected, examined or copied. Whenever possible during the appointment, staff will make every effort to accommodate additional document requests.

    3. Appointments Forfeited. If a requester fails to arrive within 30 minutes of the confirmed appointment time, the appointment will be forfeited and offered to another requester. The requester missing an appointment will be required to make a new appointment.

    4. Operation of Standby List for Appointments. Staff will maintain a standby list of those wishing to be contacted if an appointment is forfeited. The individual or company next on the list will be offered the opportunity to come to the PDVR. If the individual or company cannot arrive within 30 minutes of the call or does not wish to use the forfeited appointment slot, staff will contact the next name on the list. Once everyone on the list has been contacted, staff will go back to the beginning of the list and start over. Staff shall maintain a standby log to record the time called, the person spoken to, the response given, and any list of documents to be reviewed, if requested during the phone call.

    5. How to Get on the Standby List. To get on the standby list, the requester shall write to the Supervisor, Document Processing Section, G49 Larson Building, 200 East Gaines Street, Tallahassee, FL 32399-0311. The letter shall state that the person wishes to be placed on the standby list and shall provide the following information: individual’s name or the company’s name; the name of a primary and a secondary contact within the company, if applicable; the individual’s or the company’s address; and the telephone number or numbers for the contacts. The Supervisor shall ensure that the individual or company is placed on the standby list. Once a year, the Supervisor shall contact, in writing, everyone on the standby list requesting confirmation of the information on file and updating the list as necessary. Any individual or company which does not respond to the annual update request shall be deleted.

    6. Emergency Access. Requests for emergency access to the PDVR will be handled on a case-by-case basis. The Department will accommodate such requests if the Department has the necessary resources available to do so. The resources are: personnel to search for, retrieve, and review the document to ensure that it is not privileged or confidential; personnel to assist the requester in inspecting and examining the document; personnel to make any copies the requester may request; equipment available to inspect or examine the document if the document is in other than paper form; equipment available to copy the document, regardless of what form the document is in; and physical location, usually a conference room, in which the inspection or examination can take place.

    (b)7. Use of Personal Copiers in the PRDVR. Personal copiers may cannot be used in the PRDVR, with prior approval depending upon space limitations in the PRVR and if such use does not interfere with the work of the Public Record Unit or other PRVR users because there is no space in the room to set up any more equipment than is already there. Requests to use personal copiers shall be directed to the Public Record Unit Agency Clerk for Public Records Requests. See subsection (5).

    (5)(7) Specific Procedure Regarding Final Orders. Public records which are final orders subject to the indexing requirements of Sections 120.532 and 120.533, F.S., are made available pursuant to the provisions of Rule 69E-121.010, F.A.C.

    (8) Consumer Helpline. Requests for copies of public documents which are received in the course of a conversation on the Department’s Helpline shall be directed by the consumer services in-take person to the Agency Clerk for Public Records Requests.

    (6)(9) Database Information.

    (a) All persons requesting information from the Department’s computer database systems, which includes the Department’s annual report; other special computer reports; lists and labels, shall submit their requests in accordance with paragraph (3)(a) above to the Document Processing Section, Department of Financial Services, Larson Building, 200 East Gaines Street, Tallahassee, FL 32399-0311. Upon receipt of the request, the division, office, or other unit, as appropriate, Document Processing Section will prepare an invoice for the items requested.

    (b) The following costs are applicable:

    1. The cost for the Annual Report of the Department will be established by determining the actual cost of publication, which shall include the cost of printing, binding, writing, editing, typesetting, artwork, photography, and whatever other costs are directly attributable to the actual cost of publication of the report.

    2. If applicable, there There will be a special service charge, calculated as described in subparagraph (2)(4)(d)3., for computer lists, mailing labels, additional barcodes, or any records generated requiring extensive use of information technology resources or extensive clerical or supervisory assistance or both.

    (c) If the purchaser has contacted the Public Records Unit Document Processing Section directly for the request and has received an invoice from the Unit Section, the purchaser shall return the original copy of the invoice to: Department of Financial Services Finance and Accounting, Revenue Processing Section, Document Processing Section, Post Office Box 6100, Tallahassee, Florida 32314-6100, along with payment in the amount of the invoice. All checks or money orders shall be made payable to the Florida Department of Financial Services. Invoices received from other Department units shall be remitted to the address specified on the invoice if different from the preceding.

    (d) Upon receipt of payment, the items requested will be forwarded to the requesting party.

    (7)(10) Procedure Regarding Forms. A copy of any of the forms adopted in the rule chapters affecting regulated entities may be obtained on the Department’s Internet website at http://www.myfloridacfo.com/ or by writing to: Florida Department of Financial Services, Division of Administration, Forms Management Section, Larson Building, Tallahassee, FL 32399-0313. Copies may also be obtained from the specific parts of the Department referenced in the rules in which the forms are adopted.

    Rulemaking Specific Authority 17.29, 120.53, 624.308, 717.138 FS. Law Implemented 119.01, 119.011, 119.021, 119.031, 119.041, 119.07, 120.53, 624.23, 624.231, 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 __________.

    69E-121.010 Indexing, Management, and Availability of Final Orders.

    (1) No change.

    (2) Public Inspection and Duplication.

    (a) The following shall be made available from the Department for public inspection and copying, at a cost of $.15 50 per page:

    1.(a) All final orders.

    2.(b) A current subject-matter index identifying all final orders.

    (b) A fee of $5.00 shall be assessed for each certificate under seal authenticating a final order.

    (3) through (8) No change.

    Rulemaking Specific Authority 17.29, 120.533, 120.533(1)(b), (e), (i), (j), 624.308, 624.501 FS. Law Implemented 119.021, 119.041(2), 120.53(2)(a)1.-5., (d),(3),(4), 120.53, 120.533, 624.501 FS., Ch. 91-30, sec. 10, Laws of Florida. History–New 6-4-92, Amended 3-1-93, 9-19-94, Formerly 4-121.010, Amended__________.

    69E-121.087 Fingerprint Fee.

    Rulemaking Specific Authority 215.405 FS. Law Implemented 215.405, 624.307(1), 624.34, 624.501, 626.171(5) FS. History–New 10-25-88, Formerly 4-38.055, Amended 9-19-94, Formerly 4-121.087, Repealed________.

    NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Iliff, Director, Division of Administration

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 20, 2012

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 27, 2012

     

Document Information

Comments Open:
9/21/2012
Summary:
Rule 69E-121.007, F.A.C., is amended to add definitions for the terms “clerical or supervisory assistance” and “use of information technology resources”; to delete the list of statutory citations to exemptions to the Public Records Law; to update the procedure for requesting public records; to require that the requester pay the entire estimated amount in advance of the work on the public records request; changes the charge for copying from 50 cents to 15 cents per page; clarifies when the ...
Purpose:
The proposed amendments to Rules 69E-121.007 and 69E-121.010, F.A.C., will update the rules to conform to the current statutory provisions in the Florida Public Records Law, Chapter 119, F.S., and the Florida Insurance Code, Chapters 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S. Rule 69E-121.087, F.A.C., is repealed.
Rulemaking Authority:
17.29, 120.533, 624.308, 717.138 FS
Law:
119.01, 119.011, 119.021, 119.07, 120.53, 624.23, 624.231, 624.307(1), 624.311, 624.501 FS
Contact:
Stephanie Iliff, Director, Division of Administration, 200 E. Gaines Street, Tallahassee, FL 32399-0313, (850) 413-2014 or Stephanie.Iliff@MyFloridaCFO.com.
Related Rules: (3)
69E-121.007. Public Records and Availability of Forms: Procedures for Inspecting and Copying Public Records and for Obtaining Department Forms
69E-121.010. Indexing, Management, and Availability of Final Orders
69E-121.087. Fingerprint Fee