Florida Senate - 2015 SB 646 By Senator Benacquisto 30-01014-15 2015646__ 1 A bill to be entitled 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, Florida ABLE, Inc., the Florida ABLE 7 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 board, Florida ABLE, Inc., the Florida ABLE 32 program, or an agent or service provider thereof, relating to an 33 ABLE account or a participation agreement or any information 34 that would identify a consumer is confidential and exempt from 35 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 36 (3) The board or Florida ABLE, Inc., may authorize the 37 disclosure of information made confidential and exempt under 38 subsection (2) to another state or federal government entity if 39 disclosure is necessary for the receiving entity to perform its 40 duties or responsibilities or to verify the eligibility of an 41 eligible individual or authorize the use of an ABLE account. 42 (4) This section is subject to the Open Government Sunset 43 Review Act in accordance with s. 119.15 and shall stand repealed 44 on October 2, 2020, unless reviewed and saved from repeal 45 through reenactment by the Legislature. 46 Section 2. The Legislature finds that it is a public 47 necessity to protect a consumer’s personal financial and health 48 information. Disclosure of sensitive financial information held 49 for a consumer under the Florida ABLE program would create the 50 opportunity for theft, identity theft, fraud, and other illegal 51 activity, thereby jeopardizing the financial security of the 52 consumer and placing him or her at risk for substantial 53 financial harm. Further, each person has a reasonable 54 expectation of and a right to privacy in all matters concerning 55 personal financial interests. The Legislature further finds that 56 it is a public necessity to protect a consumer’s personal health 57 information because such information is traditionally a private 58 and confidential matter between the patient and health care 59 provider. The private and confidential nature of personal health 60 matters pervades both the public and private health care 61 sectors, and public disclosure of such personal health 62 information held for a consumer under the Florida ABLE program 63 could negatively affect a person’s business and personal 64 relationships and cause detrimental financial consequences. 65 Section 3. This act shall take effect on the same date that 66 SB __ or similar legislation takes effect, if such legislation 67 is adopted in the same legislative session or an extension 68 thereof and becomes a law.