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SB 1078 — Public Records/Cellular Telephone Numbers Held by the Department of Financial Services

by Senator DiCeglie

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill exempts from public records inspection and copying requirements cellular telephone numbers voluntarily submitted to the Department of Financial Services (DFS) as part of the application process for licensure for the purpose of two-factor authentication of login credentials.

Legislation filed this legislative session, CS/CS/CS/HB 1098, requires the DFS to allow licensure applicants to voluntarily submit cellular telephone numbers to the DFS during the application process for the purpose of two-factor secure login authentication. Such applicants include insurance agents, insurance agencies, managing general agents, insurance adjusters, reinsurance intermediaries, viatical settlement brokers, customer representatives, service representatives, and agencies.

The bill provides a statement of public necessity as required by the State Constitution. According to the public necessity statement contained in the bill, the exemption from public records inspection and copying requirements is necessary because the unintentional publication of such information may subject the filer to identity theft, financial harm, or other adverse impacts. Without the public records exemption, the effective and efficient administration of the electronic filing system, which is otherwise designed to increase the ease of filing records, would be hindered.

The bill is subject to the Open Government Sunset Review Act and will be repealed on October 2, 2029, unless the statute is reviewed and reenacted by the Legislature before that date.

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect upon becoming law.

Vote: Senate 40-0; House 112-0