Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 1406
Barcode 206742
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/07/2012 .
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The Committee on Governmental Oversight and Accountability
(Bogdanoff) recommended the following:
1 Senate Amendment
2
3 Delete lines 56 - 113
4 and insert:
5 Section 2. The Legislature finds that it is a public
6 necessity that proprietary business information provided to the
7 Office of Insurance Regulation by a title insurance agency or
8 insurer, including, but not limited to, trade secrets, be made
9 confidential and exempt from the requirements of s. 119.07(1),
10 Florida Statutes, and s. 24(a), Article I of the State
11 Constitution. The disclosure of information, such as revenue
12 data, loss expense data, gross receipts, the amount of taxes
13 paid, the amount of capital investment, customer identification,
14 and the amount of employee wages paid, could injure a business
15 in the marketplace by providing its competitors with detailed
16 insights into the financial status and the strategic plans of
17 the business, thereby diminishing the advantage that the
18 business maintains over competitors that do not possess such
19 information. Without this exemption, title insurance agencies
20 and title insurers, whose records are generally not required to
21 be open to the public, might refrain from providing accurate and
22 unbiased data, thus impairing the Office of Insurance
23 Regulation’s ability to set fair and adequate title insurance
24 rates. Proprietary business information derives actual or
25 potential independent economic value from not being generally
26 known to, and not being readily ascertainable by proper means
27 by, other persons who can derive economic value from its
28 disclosure or use. The Office of Insurance Regulation, in
29 performing its lawful duties and responsibilities, may need to
30 obtain information from the proprietary business information.
31 Without an exemption from public records requirements for
32 proprietary business information provided to the Office of
33 Insurance Regulation, such information becomes a public record
34 when received and must be divulged upon request. Divulgence of
35 any proprietary business information under the public records
36 law would destroy the value of that property to the proprietor,
37 causing a financial loss not only to the proprietor but also to
38 the residents of this state due to the loss of reliable
39 financial data necessary for fair and adequate rate regulation.
40 Release of proprietary business information would give business
41 competitors an unfair advantage and weaken the position in the
42 marketplace of the proprietor that owns or controls the
43 proprietary business information. The harm to businesses in the
44 marketplace and to the effective administration of the
45 ratemaking function caused by the public disclosure of such
46 information far outweighs the public benefits derived from its
47 release. In addition, the confidentiality provided by this act
48 does not preclude the reporting of statistics in the aggregate
49 concerning the collection of data, as well as the names of the
50 title insurance agencies and title insurers participating in the
51 data collection. Such aggregate reported data is available to
52 the public and is important to an assessment of the setting of
53 title insurance premiums. Thus, the Legislature declares that it
54 is a public necessity that proprietary business information of
55 title insurers and title insurance agencies provided to the
56 Office of Insurance Regulation be made confidential and exempt
57 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
58 the State Constitution.