HB 1761

1	A bill to be entitled
2	An act relating to public records exemptions; exempting
3	from public records requirements certain records obtained
4	by the Department of Revenue under an insurance claim data
5	exchange system; providing for future legislative review
6	and repeal; providing a finding of public necessity;
7	providing a contingent effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Records obtained by the Department of Revenue
12	pursuant to s. 409.25659, Florida Statutes, are confidential and
13	exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I
14	of the State Constitution. However, such records may be
15	disclosed only for the purpose of locating an individual or
16	establishing, modifying, or enforcing a support obligation.
17	Section 2.  This section is subject to the Open Government
18	Sunset Review Act of 1995 in accordance with s. 119.15, Florida
19	Statutes, and shall stand repealed on October 2, 2009, unless
20	reviewed and saved from repeal through reenactment by the
21	Legislature.
22	Section 3.  The Legislature finds it is a public necessity
23	that insurance claims information reported to the Department of
24	Revenue under s. 409.25659, Florida Statutes, be held
25	confidential and exempt from disclosure as a public record
26	because the information is personal and of a private nature, and
27	disclosure could create the opportunity for identity theft,
28	fraudulent activity concerning a claim, unauthorized
29	solicitations by attorneys, unauthorized practice of law, and
30	unfair competition by revealing industry claims experience, and
31	confidentiality promotes insurer compliance by protecting
32	confidential insurer and consumer information.
33	Section 4.  This act shall take effect upon becoming a law
34	if HB 1759 or similar legislation is adopted in the same
35	legislative session or an extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.