Florida Senate - 2020                                     SB 830
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       27-00652-20                                            2020830__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1009.987, F.S., which
    4         provides an exemption from public records requirements
    5         for certain personal financial and health information
    6         held by the Florida Prepaid College Board, Florida
    7         ABLE, Inc., or the Florida ABLE program, or an agent
    8         or service provider thereof; removing the scheduled
    9         repeal of the exemption; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 1009.987, Florida Statutes, is amended
   14  to read:
   15         1009.987 Public records exemption.—
   16         (1) As used in this section, the term:
   17         (a) “Consumer” means a party to a participation agreement.
   18         (b) “Personal financial and health information” means:
   19         1. A consumer’s personal health condition, disease, injury,
   20  or medical diagnosis or treatment;
   21         2. The existence, nature, source, or amount of a consumer’s
   22  personal income or expenses;
   23         3. Records of or relating to a consumer’s personal
   24  financial transactions of any kind; or
   25         4. The existence, identification, nature, or value of a
   26  consumer’s assets, liabilities, or net worth.
   27         (2) The personal financial and health information of a
   28  consumer held by the Florida Prepaid College Board, Florida
   29  ABLE, Inc., or the Florida ABLE program, or an agent or service
   30  provider thereof, relating to an ABLE account or a participation
   31  agreement or any information that would identify a consumer is
   32  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution.
   34         (3) The Florida Prepaid College Board or Florida ABLE,
   35  Inc., may authorize the disclosure of information made
   36  confidential and exempt under subsection (2) to another state or
   37  federal government entity if disclosure is necessary for the
   38  receiving entity to perform its duties or responsibilities or to
   39  verify the eligibility of an eligible individual or authorize
   40  the use of an ABLE account.
   41         (4) This section is subject to the Open Government Sunset
   42  Review Act in accordance with s. 119.15 and shall stand repealed
   43  on October 2, 2020, unless reviewed and saved from repeal
   44  through reenactment by the Legislature.
   45         Section 2. This act shall take effect October 1, 2020.