I-File System Changes and the filing of Trade Secret documents

INFORMATIONAL MEMORANDUM OIR-14-02M ISSUED May 2, 2014 Florida Office of Insurance Regulation Kevin M. McCarty, Commissioner To All Insurers and Entities Regulated by the Florida Office of Insurance Regulation The purpose of this memorandum is to notify all Insurers and Entities regulated by the Florida Office of Insurance Regulation of the changes to the I-File System and to remind all users of the requirements of Section 624.4213, Florida Statutes, regarding the filing of Trade Secret documents. Effective Friday, May 2, 2014, companies submitting Trade Secret documents via I-File will notice several changes in the user interface. Among these changes is a new Trade Secret Supplementary Information component. Attached to this Memorandum are instructions for the use of this new component. Section 812.081, Florida Statutes, defines “Trade Secret” as the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it. Pursuant to Section 624.4213, Florida Statutes, each document containing “trade secret” information must be submitted with an affidavit certifying, under oath to the truth of statements required by Section 624.4213(c). Along with the affidavit, each printable page must be clearly marked as “trade secret.” Section 624.4213, Florida Statutes, provides that failure to file the affidavit or mark each page constitutes a waiver of the claim that the document is a “trade secret.” This statute applies to any trade secret documentation required to be submitted pursuant to the Insurance Code or by rule or order of the office, department, or commission; not only to those uploaded into the I-File system. NOTE: Knowingly making a false claim of trade secret, like knowingly making any false filing, may violate Sections 626.9541 and 817.2341, Florida Statutes, which could subject the insurer or the filer to penalties. If you have questions regarding the submission of Trade Secret documents via the I-File System, please contact the Market Research and Technology Unit, Florida Office of Insurance Regulation at Research@floir.com or at (850) 413-3147. Trade Secret Filings under the new Supplementary Component 1. All component lists containing the Supplementary Information have been modified to include an additional component called Trade Secret Supplementary Information. 2. Currently, the Supplementary Information component operates as follows: When a trade secret document type is selected, the Contains “Trade Secret” Information checkbox appears. When checked, the following appears: NOTE: The filer is still required to upload a separate affidavit/justification document. 3. Once deployed the new Trade Secret Supplementary Information component will appear in the component list as follows: 4. When the new Trade Secret Supplementary Information component is selected, the Contains “Trade Secret” Information checkbox will be checked and disabled and the trade secret information and affidavit upload control will appear for every document type selected: 5. When the new Supplementary Information component is selected, no Contains Trade Secret checkbox will appear. See below: 6. For the other components that may have materials that qualify as trade secret, specifically the following: • Catastrophe Model • Catastrophe Model – Personal • Reinsurance Expense Support • Reinsurance Expense Support – Personal, the Contains “Trade Secret” Information checkbox appears and when checked, will display the following: