ENROLLED 2015 Legislature CS for CS for SB 646 2015646er 1 2 An act relating to public records; creating s. 3 1009.987, F.S.; providing an exemption from public 4 records requirements for certain personal financial 5 and health information held by the Florida Prepaid 6 College Board, the Florida ABLE, Inc., or the Florida 7 ABLE program, or an agent or service provider thereof; 8 authorizing the release of such information under 9 specified circumstances; providing for future 10 legislative review and repeal of the exemption; 11 providing a statement of public necessity; providing a 12 contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 1009.987, Florida Statutes, is created 17 to read: 18 1009.987 Public records exemption.— 19 (1) As used in this section, the term: 20 (a) “Consumer” means a party to a participation agreement. 21 (b) “Personal financial and health information” means: 22 1. A consumer’s personal health condition, disease, injury, 23 or medical diagnosis or treatment; 24 2. The existence, nature, source, or amount of a consumer’s 25 personal income or expenses; 26 3. Records of or relating to a consumer’s personal 27 financial transactions of any kind; or 28 4. The existence, identification, nature, or value of a 29 consumer’s assets, liabilities, or net worth. 30 (2) The personal financial and health information of a 31 consumer held by the Florida Prepaid College Board, the Florida 32 ABLE, Inc., or the Florida ABLE program, or an agent or service 33 provider thereof, relating to an ABLE account or a participation 34 agreement or any information that would identify a consumer is 35 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 36 of the State Constitution. 37 (3) The Florida Prepaid College Board or the Florida ABLE, 38 Inc., may authorize the disclosure of information made 39 confidential and exempt under subsection (2) to another state or 40 federal government entity if disclosure is necessary for the 41 receiving entity to perform its duties or responsibilities or to 42 verify the eligibility of an eligible individual or authorize 43 the use of an ABLE account. 44 (4) This section is subject to the Open Government Sunset 45 Review Act in accordance with s. 119.15 and shall stand repealed 46 on October 2, 2020, unless reviewed and saved from repeal 47 through reenactment by the Legislature. 48 Section 2. The Legislature finds that it is a public 49 necessity that the personal financial and health information of 50 a consumer held by the Florida Prepaid College Board, the 51 Florida ABLE, Inc., or the Florida ABLE program, or an agent or 52 service provider thereof, relating to an ABLE account or a 53 participation agreement, or any information that would identify 54 a consumer, be made confidential and exempt from s. 119.07(1), 55 Florida Statutes, and s. 24(a), Article I of the State 56 Constitution. The Florida ABLE program allows eligible 57 individuals with disabilities, their family members, and others 58 to contribute funds to an ABLE account without affecting the 59 individual’s eligibility for state and federal benefits. It 60 allows the individual to use those funds for qualified 61 disability expenses, such as education, housing, transportation, 62 or other expenses authorized through federal regulations. The 63 public record exemption for information that would identify a 64 consumer ensures that information of a sensitive personal nature 65 concerning a party to a participation agreement is protected. 66 Without such protection, an individual may be less likely to 67 take advantage of the program, thus hindering the effective and 68 efficient administration of the Florida ABLE program. It may 69 also make the individual vulnerable to abuse and exploitation. 70 Disclosure of sensitive financial information regarding a 71 consumer under the Florida ABLE program could create the 72 opportunity for theft, identity theft, fraud, and other illegal 73 activity, thereby jeopardizing the financial security of the 74 consumer and placing him or her at risk for substantial 75 financial harm. Further, each individual has a reasonable 76 expectation of and a right to privacy in all matters concerning 77 personal financial interests. The Legislature further finds that 78 it is a public necessity to protect a consumer’s personal health 79 information because such information is traditionally a private 80 and confidential matter between the patient and health care 81 provider. The private and confidential nature of personal health 82 matters pervades both the public and private health care 83 sectors, and public disclosure of such personal health 84 information relating to a consumer under the Florida ABLE 85 program could negatively affect an individual’s business and 86 personal relationships and cause detrimental financial 87 consequences. 88 Section 3. This act shall take effect on the same date that 89 SB 642 or similar legislation takes effect, if such legislation 90 is adopted in the same legislative session or an extension 91 thereof and becomes a law.