HB 7153

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act; amending s. 624.23, F.S., which
4	provides an exemption from public records requirements for
5	personal financial and health information held by the
6	Department of Financial Services or the Office of
7	Insurance Regulation relating to a consumer's complaint or
8	inquiry regarding a matter or activity regulated under the
9	Florida Insurance Code; revising the exemption; expanding
10	the exemption to include personal financial and health
11	information held by the department or the office relating
12	to a consumer's complaint or inquiry regarding a matter or
13	activity regulated by the Employee Assistance and
14	Ombudsman Office within the Department of Financial
15	Services; providing for future legislative review and
16	repeal of the exemption; providing a statement of public
17	necessity; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 624.23, Florida Statutes, is amended to
22	read:
23	624.23  Public records exemption.--
24	(1)  As used in this section, the term:
25	(a)  "Consumer" means:
26	1.  A prospective purchaser, purchaser, or beneficiary of,
27	or applicant for, any product or service regulated under the
28	Florida Insurance Code, and a family member or dependent of a
29	consumer.
30	2.  An employee seeking assistance from the Employee
31	Assistance and Ombudsman Office under s. 440.191.
32	(b)  "Personal financial and health information" means:
33	1.  A consumer's personal health condition, disease, or
34	injury;
35	2.  The existence, nature, source, or amount of a
36	consumer's personal income or expenses;
37	3.  Records of or relating to a consumer's personal
38	financial transactions of any kind;
39	4.  The existence, identification, nature, or value of a
40	consumer's assets, liabilities, or net worth;
41	5.  A history of a consumer's personal medical diagnosis or
42	treatment;
43	6.  The existence or content of any individual coverage
44	under, or status of a consumer's beneficial interest in, any
45	insurance policy or annuity contract; or
46	7.  The existence, identification, nature, or value of a
47	consumer's interest in any insurance policy, annuity contract,
48	or trust. All bank account numbers and debit, charge, and credit
49	card numbers, and all other
50	(2)  Personal financial and health information of a
51	consumer held by the department or office or their service
52	providers or agents, relating to a consumer's complaint or
53	inquiry regarding a matter or activity regulated under the
54	Florida Insurance Code or s. 440.191 is, are confidential and
55	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
56	Constitution. For the purpose of this section, the term
57	"consumer" includes but is not limited to a prospective
58	purchaser, purchaser, or beneficiary of, or applicant for, any
59	product or service regulated under the Florida Insurance Code,
60	and a family member or dependent of a consumer, a subscriber
61	under a group policy, or a policyholder. This information shall
62	be redacted from records that contain nonexempt information
63	prior to disclosure. This exemption applies to personal
64	financial and health information made confidential and exempt by
65	this section held by the department or office or their service
66	providers or agents before, on, or after the effective date of
67	this exemption.
68	(3)  Such confidential and exempt information may be
69	disclosed to:
70	(a)  Another governmental entity, if disclosure is
71	necessary for the receiving entity to perform its duties and
72	responsibilities;, and may be disclosed to
73	(b)  The National Association of Insurance Commissioners.
74	The receiving governmental entity and the association must
75	maintain the confidential and exempt status of such information.
76	The information made confidential and exempt by this section may
77	be used in a criminal, civil, or administrative proceeding so
78	long as the confidential and exempt status of such information
79	is maintained. This exemption does not include the name and
80	address of an inquirer or complainant to the department or
81	office or the name of an insurer or other regulated entity which
82	is the subject of the inquiry or complaint.
83	(4)  This section is subject to the Open Government Sunset
84	Review Act of 1995 in accordance with s. 119.15 and shall stand
85	repealed on October 2, 2012 2007, unless reviewed and saved from
86	repeal through reenactment by the Legislature.
87	Section 2.  The Legislature finds that the protection of a
88	person's sensitive financial and health information is a public
89	necessity and that every individual has an expectation of and a
90	right to privacy in all matters concerning his or her financial
91	interests. Disclosure of financial information can create the
92	opportunity for theft or fraud, thereby jeopardizing an
93	individual's financial security. It is the finding of the
94	Legislature that limiting the disclosure of personal financial
95	information should extend to personal financial information held
96	by the Department of Financial Services or the Office of
97	Insurance Regulation as a result of a consumer's complaint or
98	inquiry regarding a matter or activity regulated under the
99	Florida Insurance Code or by the Employee Assistance and
100	Ombudsman Office. It is the finding of the Legislature that
101	making such information confidential and exempt from public
102	records requirements is necessary in order to protect the
103	financial interests of the individuals to whom that information
104	pertains, since such information could be used for fraudulent or
105	other illegal purposes, including identity theft, and could
106	result in substantial financial harm. The Legislature further
107	finds that matters of personal health are traditionally private
108	and confidential concerns between the patient and health care
109	provider. The private and confidential nature of personal health
110	matters pervades both the public and private health care
111	sectors. Moreover, public disclosure of personal health
112	information could have a negative effect on a person's business
113	and personal relationships and could also result in detrimental
114	financial consequences. It is the finding of the Legislature
115	that limiting the disclosure of personal health information
116	should extend to personal health information held by the
117	Department of Financial Services or the Office of Insurance
118	Regulation as a result of a consumer's complaint or inquiry
119	regarding a matter or activity regulated under the Florida
120	Insurance Code or by the Employee Assistance and Ombudsman
121	Office. It is the finding of the Legislature that making such
122	information confidential and exempt from public records
123	requirements is necessary in order to protect the personal and
124	financial interests and privacy rights of the individuals to
125	whom that information pertains. It is therefore the finding of
126	the Legislature that it is a public necessity that personal
127	financial and health information held by the Department of
128	Financial Services or the Office of Insurance Regulation
129	relating to a consumer's complaint or inquiry regarding a matter
130	or activity regulated under the Florida Insurance Code or by the
131	Employee Assistance and Ombudsman Office be held confidential
132	and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
133	Art. I of the State Constitution.
134	Section 3.  This act shall take effect October 1, 2007.

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