Florida Senate - 2015                              CS for SB 646
       By the Committee on Banking and Insurance; and Senator
       597-01649-15                                           2015646c1
    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.
   14  Be It Enacted by the Legislature of the State of Florida:
   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, 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 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 to protect a consumer’s personal financial and health
   50  information. Disclosure of sensitive financial information held
   51  for a consumer under the Florida ABLE program would create the
   52  opportunity for theft, identity theft, fraud, and other illegal
   53  activity, thereby jeopardizing the financial security of the
   54  consumer and placing him or her at risk for substantial
   55  financial harm. Further, each person has a reasonable
   56  expectation of and a right to privacy in all matters concerning
   57  personal financial interests. The Legislature further finds that
   58  it is a public necessity to protect a consumer’s personal health
   59  information because such information is traditionally a private
   60  and confidential matter between the patient and health care
   61  provider. The private and confidential nature of personal health
   62  matters pervades both the public and private health care
   63  sectors, and public disclosure of such personal health
   64  information held for a consumer under the Florida ABLE program
   65  could negatively affect a person’s business and personal
   66  relationships and cause detrimental financial consequences.
   67         Section 3. This act shall take effect on the same date that
   68  SB 642 or similar legislation takes effect, if such legislation
   69  is adopted in the same legislative session or an extension
   70  thereof and becomes a law.