Senate Bill sb2826c1

    Florida Senate - 2004                           CS for SB 2826

    By the Committee on Judiciary; and Senator Lynn





    308-2505-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         409.25661, F.S.; creating an exemption from

  4         public-records requirements for information

  5         obtained by the Department of Revenue from

  6         insurers under specified circumstances;

  7         providing for exceptions to the exemption;

  8         providing for future legislative review and

  9         repeal; providing findings of public necessity;

10         providing a contingent effective date.

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

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14         Section 1.  Section 409.25661, Florida Statutes, is

15  created, to read:

16         409.25661  Public-record exemption for insurance claims

17  information.--Records obtained by the Department of Revenue

18  pursuant to s. 409.25659 concerning individuals who do not owe

19  past due support are confidential and exempt from s. 119.07(1)

20  and s. 24(a), Art. I of the State Constitution.

21         Section 2.  This section is subject to the Open

22  Government Sunset Review Act of 1995 in accordance with

23  section 119.15, Florida Statutes, and shall stand repealed on

24  October 2, 2009, unless reviewed and saved from repeal through

25  reenactment by the Legislature.

26         Section 3.  The Legislature finds it is a public

27  necessity that insurance claims information reported to the

28  Department of Revenue under section 409.25659, Florida

29  Statutes, concerning individuals who do not owe past due

30  support be held confidential and exempt from disclosure as a

31  public record because the information is personal and of a

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






    Florida Senate - 2004                           CS for SB 2826
    308-2505-04




 1  private nature; disclosure could create the opportunity for

 2  identity theft, fraudulent activity concerning a claim,

 3  unauthorized practices of law, and unfair competition by

 4  revealing industry claims experience; and confidentially

 5  promotes insurer compliance by protecting confidential insurer

 6  and consumer information.

 7         Section 4.  This act shall take effect on the same date

 8  that CS for CS for SB 160 or similar legislation takes effect,

 9  if such legislation is adopted in the same legislative session

10  or an extension thereof and becomes law.

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2826

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    This CS provides the following:
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    -    Narrows public records exemption for information obtained
17       by the Department of Revenue from insurers to only those
         persons who do not owe past due child support.
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    -    Removes information obtained from pari-mutuel facilities
19       from the public records exemption to conform with the
         deletion of such facilities from CS for CS for SB 160.
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CODING: Words stricken are deletions; words underlined are additions.