SENATE AMENDMENT
    Bill No. CS for SB 1734
    Amendment No. ___   Barcode 194768
                            CHAMBER ACTION
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11  Senator Rossin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 627.3111, Florida Statutes, is
18  created to read:
19         627.3111  Public records exemption.--
20         All bank account numbers, and debit, charge, and credit
21  card numbers; and, all personal identifying information
22  contained in financial records, patient records, and other
23  individual health records, held by the Department of
24  Insurance, or its service providers, are exempt from s.
25  119.07(1) and s. 24(a), Art. I of the State Constitution.  The
26  department, however, shall release such information to any
27  local, state, or federal law enforcement agency as is
28  necessary for the performance of such agency's official duties
29  and responsibilities, and in addition, this exemption does not
30  apply to any information regarding an insured or other person
31  who is the subject of a criminal investigation. This exemption
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    4:49 PM   05/02/01                              s1734c1c-35c3t

SENATE AMENDMENT Bill No. CS for SB 1734 Amendment No. ___ Barcode 194768 1 is subject to the Open Government Sunset Review At of 1995 in 2 accordance with s. 119.15 and expires on October 2, 2006, 3 unless reviewed and reenacted by the Legislature. 4 Section 2. The Legislature finds that it is a public 5 necessity that bank account numbers, debit, charge, and credit 6 card numbers; and, personal identifying information contained 7 in financial records, held by the Department of Insurance or 8 its service providers be made exempt from public disclosure, 9 except as otherwise provided in this act, in order to protect 10 the financial interests of those persons about whom that 11 information pertains. Without the exemption, a person could 12 use that information to gain access to highly sensitive, 13 personal financial data that is not his or hers. In addition, 14 this information could easily be used for fraudulent and other 15 illegal purposes, including identify theft, and could result 16 in substantial financial harm. Accordingly, such information 17 is traditionally not disclosed to the public, as is evidenced 18 throughout the Florida Statutes. Furthermore, every person 19 has an expectation of and a right to privacy in all matters 20 concerning his or her personal financial matters. The 21 Legislature further finds that it is a public necessity that 22 personal identifying information contained in patient records 23 and other individual health records held by the Department of 24 Insurance or its service providers be held exempt from public 25 disclosure, except as otherwise provided in the act, because 26 of the sensitive personal nature of such medical information. 27 Matters of personal health are traditionally private concerns 28 between the patient and the health care provider, which 29 pervades both the public and private health care sectors. Such 30 information should not be open to public disclosure just 31 because the records come into the possession of a public 2 4:49 PM 05/02/01 s1734c1c-35c3t
SENATE AMENDMENT Bill No. CS for SB 1734 Amendment No. ___ Barcode 194768 1 entity. Disclosure of such information could cause 2 unwarranted damage to the good name or reputation of such 3 individuals and could actually jeopardize their health and 4 safety. 5 Section 3. This act shall take effect upon becoming a 6 law. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to public records; creating s. 16 627.3111, F.S.; providing an exemption from 17 public records requirements for personal 18 identifying information contained in financial 19 records, patient records, and other medical 20 records, as well as bank account numbers, 21 debit, charge, and credit card numbers, held by 22 the Department of Insurance; providing for 23 future review and repeal; providing a finding 24 of public necessity; providing an effective 25 date. 26 27 28 29 30 31 3 4:49 PM 05/02/01 s1734c1c-35c3t