Insurer as Agent. Insurer agrees to advise FHKC prior to the release of any information in response to a request for public records and, upon FHKC’s request, provide FHKC with a copy of the requested records at no cost. All records stored electronically must be provided to FHKC in a format that is compatible with the FHKC’s information technology systems. Section 409.821, Florida Statutes, provides certain public records exemptions to Florida KidCare documents. If, under this Contract, Insurer is providing services and is acting on behalf of a public agency, as provided by Section 119.0701, Florida Statutes, Insurer shall:
a. Keep and maintain public records required by the public agency to perform the service.
b. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if Insurer does not transfer the records to the public agency.
d. Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Insurer or keep and maintain public records required by the public agency to perform the service. If Insurer transfers all public records to the public agency upon completion of the Contract, the Insurer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Insurer keeps and maintains public records upon completion of the Contract, Insurer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
e. IF INSURER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO INSURER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE EMAIL ADDRESS AND XXXXXXX ADDRESS PROVIDED FOR THE CONTRACT MANAGER.
