Senate Bill sb0042Cc1

    Florida Senate - 2007                           CS for SB 42-C

    By the Committee on Banking and Insurance; and Senator Posey





    597-494-08

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         324.242, F.S.; creating a public-records

  4         exemption for certain information held by the

  5         Department of Highway Safety and Motor Vehicles

  6         which concerns a person insured or formerly

  7         insured by a personal injury protection or

  8         property damage liability insurance policy;

  9         providing for retroactive application of the

10         exemption; providing for future review and

11         repeal of the exemption under the Open

12         Government Sunset Review Act; providing a

13         statement of public necessity; providing a

14         contingent effective date.

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

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18         Section 1.  Section 324.242, Florida Statutes, is

19  created to read:

20         324.242  Personal injury protection and property damage

21  liability insurance policies; public-records exemption.--

22         (1)  Personal identifying information held by the

23  department which concerns a person insured or formerly insured

24  by a personal injury protection or property damage liability

25  insurance policy is confidential and exempt from s. 119.07(1)

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

27         (2)  This exemption applies to such confidential and

28  exempt information held by the department before, on, or after

29  the effective date of this section.

30         (3)  This section is subject to the Open Government

31  Sunset Review Act in accordance with s. 119.15, and shall

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    Florida Senate - 2007                           CS for SB 42-C
    597-494-08




 1  stand repealed on October 2, 2012, unless reviewed and saved

 2  from repeal through reenactment by the Legislature.

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

 4  necessity to make confidential and exempt from public-records

 5  requirements certain information held by the Department of

 6  Highway Safety and Motor Vehicles which concerns a person

 7  insured or formerly insured by a personal injury protection or

 8  property damage liability insurance policy. In order to

 9  effectively and efficiently administer and enforce personal

10  injury protection and property damage liability insurance

11  coverage requirements, the Legislature finds that it is a

12  public necessity to protect the release of personal

13  identifying information concerning an insured or former

14  insured. In order to ensure public safety on the roads and

15  highways of this state, it is imperative that automobile

16  drivers be properly insured against damage to personal and

17  real property, as well as personal injury. As such, insurers

18  are required to report to the department and verify the

19  issuance of a new policy to a driver, as well as the renewal,

20  nonrenewal, or cancellation of that policy. When this

21  information is compiled, it could result in a customer list

22  for every insurer in the state. Customer lists contain

23  detailed client and policy information that is traditionally

24  considered proprietary business information because such lists

25  could be used by competitors to solicit customers. As such,

26  the release of that information could injure the insurer in

27  the marketplace by diminishing the advantage that the insurer

28  maintains over those who do not possess such information.

29  Therefore, the Legislature finds that it is a public necessity

30  to protect the release of such information held by the

31  Department of Highway Safety and Motor Vehicles.

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    Florida Senate - 2007                           CS for SB 42-C
    597-494-08




 1         Section 3.  This act shall take effect on the same date

 2  that SB 40-C or similar legislation takes effect if such

 3  legislation is adopted in the same legislative session or an

 4  extension thereof and becomes law.

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