Senate Bill sb1734e2

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    CS for SB 1734                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         627.3111, F.S.; providing an exemption from

  4         public records requirements for personal

  5         identifying information contained in financial

  6         records, patient records, and other medical

  7         records, as well as bank account numbers,

  8         debit, charge, and credit card numbers, held by

  9         the Department of Insurance; providing for

10         future review and repeal; providing a finding

11         of public necessity; providing an effective

12         date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 627.3111, Florida Statutes, is

17  created to read:

18         627.3111  Public records exemption.--All bank account

19  numbers, and debit, charge, and credit card numbers; and, all

20  personal identifying information contained in financial

21  records, patient records, and other individual health records,

22  held by the Department of Insurance, or its service providers,

23  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution.  The department, however, shall release such

25  information to any local, state, or federal law enforcement

26  agency as is necessary for the performance of such agency's

27  official duties and responsibilities, and in addition, this

28  exemption does not apply to any information regarding an

29  insured or other person who is the subject of a criminal

30  investigation. This exemption is subject to the Open

31  Government Sunset Review Act of 1995 in accordance with s.


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    CS for SB 1734                                Second Engrossed



  1  119.15 and expires on October 2, 2006, unless reviewed and

  2  reenacted by the Legislature. 

  3         Section 2.  The Legislature finds that it is a public

  4  necessity that bank account numbers, debit, charge, and credit

  5  card numbers; and, personal identifying information contained

  6  in financial records, held by the Department of Insurance or

  7  its service providers be made exempt from public disclosure,

  8  except as otherwise provided in this act, in order to protect

  9  the financial interests of those persons about whom that

10  information pertains.  Without the exemption, a person could

11  use that information to gain access to highly sensitive,

12  personal financial data that is not his or hers.  In addition,

13  this information could easily be used for fraudulent and other

14  illegal purposes, including identity theft, and could result

15  in substantial financial harm.  Accordingly, such information

16  is traditionally not disclosed to the public, as is evidenced

17  throughout the Florida Statutes.  Furthermore, every person

18  has an expectation of and a right to privacy in all matters

19  concerning his or her personal financial matters.  The

20  Legislature further finds that it is a public necessity that

21  personal identifying information contained in patient records

22  and other individual health records held by the Department of

23  Insurance or its service providers be held exempt from public

24  disclosure, except as otherwise provided in the act, because

25  of the sensitive personal nature of such medical information.

26  Matters of personal health are traditionally private concerns

27  between the patient and the health care provider, which

28  pervades both the public and private health care sectors. Such

29  information should not be open to public disclosure just

30  because the records come into the possession of a public

31  entity.  Disclosure of such information could cause


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    CS for SB 1734                                Second Engrossed



  1  unwarranted damage to the good name or reputation of such

  2  individuals and could actually jeopardize their health and

  3  safety.

  4         Section 3.  This act shall take effect upon becoming a

  5  law.

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