Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 646 Ì408308-Î408308 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/26/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Benacquisto) recommended the following: 1 Senate Amendment 2 3 Delete lines 48 - 66 4 and insert: 5 Section 2. The Legislature finds that it is a public 6 necessity that the personal financial and health information of 7 a consumer held by the Florida Prepaid College Board, Florida 8 ABLE, Inc., the Florida ABLE program, or an agent or service 9 provider thereof, relating to an ABLE account or a participation 10 agreement, or any information that would identify a consumer, be 11 made confidential and exempt from s. 119.07(1), Florida 12 Statutes, and s. 24(a), Article I of the State Constitution. The 13 Florida ABLE program allows eligible individuals with 14 disabilities, their family members, and others to contribute 15 funds to an ABLE account without affecting the individual’s 16 eligibility for state and federal benefits. It allows the 17 individual to use those funds for qualified disability expenses, 18 such as education, housing, transportation, or other expenses 19 authorized through federal regulations. The public record 20 exemption for information that would identify a consumer ensures 21 that information of a sensitive personal nature concerning a 22 party to a participation agreement is protected. Without such 23 protection, an individual may be less likely to take advantage 24 of the program, thus hindering the effective and efficient 25 administration of the Florida ABLE program. It may also make the 26 individual vulnerable to abuse and exploitation. Disclosure of 27 sensitive financial information regarding a consumer under the 28 Florida ABLE program could create the opportunity for theft, 29 identity theft, fraud, and other illegal activity, thereby 30 jeopardizing the financial security of the consumer and placing 31 him or her at risk for substantial financial harm. Further, each 32 individual has a reasonable expectation of and a right to 33 privacy in all matters concerning personal financial interests. 34 The Legislature further finds that it is a public necessity to 35 protect a consumer’s personal health information because such 36 information is traditionally a private and confidential matter 37 between the patient and health care provider. The private and 38 confidential nature of personal health matters pervades both the 39 public and private health care sectors, and public disclosure of 40 such personal health information relating to a consumer under 41 the Florida ABLE program could negatively affect an individual’s 42 business and personal relationships and cause detrimental 43 financial consequences.