Florida Senate - 2012                      CS for CS for SB 1406
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Banking and Insurance; and Senator Altman
       
       
       
       585-03097-12                                          20121406c2
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         626.84195, F.S.; providing an exemption from public
    4         records requirements for proprietary business
    5         information provided by title insurance agencies and
    6         insurers to the Office of Insurance Regulation;
    7         providing a definition; authorizing disclosure of
    8         aggregated information; providing for future
    9         legislative review and repeal of the exemption under
   10         the Open Government Sunset Review Act; providing a
   11         statement of public necessity; providing a contingent
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 626.84195, Florida Statutes, is created
   17  to read:
   18         626.84195 Confidentiality of information supplied by title
   19  insurance agencies and insurers.—
   20         (1) As used in this section, the term “proprietary business
   21  information” means information that:
   22         (a) Is owned or controlled by a title insurance agency or
   23  insurer requesting confidentiality under this section;
   24         (b) Is intended to be and is treated by the title insurance
   25  agency or insurer as private in that the disclosure of the
   26  information would cause harm to the business operations of the
   27  title insurance agency or insurer;
   28         (c) Has not been publicly disclosed unless disclosed
   29  pursuant to a statutory provision, an order of a court or
   30  administrative body, or a private agreement, providing that the
   31  information may be released to the public; and
   32         (d) Concerns:
   33         1. Business plans;
   34         2. Internal auditing controls and reports of internal
   35  auditors;
   36         3. Reports of external auditors for privately held
   37  companies;
   38         4. Trade secrets, as defined in s. 688.002; or
   39         5. Financial information, including, but not limited to,
   40  revenue data, loss expense data, gross receipts, taxes paid,
   41  capital investment, customer identification, and employee wages.
   42         (2) Proprietary business information provided to the office
   43  by a title insurance agency or insurer is confidential and
   44  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   45  Constitution until such information is otherwise publicly
   46  available or is no longer treated by the title insurance agency
   47  or insurer as proprietary business information. However,
   48  information provided by multiple title insurance agencies and
   49  insurers may be aggregated on an industry-wide basis and
   50  disclosed to the public as long as the specific identities of
   51  the agencies or insurers are not revealed.
   52         (3) This section is subject to the Open Government Sunset
   53  Review Act in accordance with s. 119.15 and shall stand repealed
   54  on October 2, 2017, unless reviewed and saved from repeal
   55  through reenactment by the Legislature.
   56         Section 2. The Legislature finds that it is a public
   57  necessity that proprietary business information provided to the
   58  Office of Insurance Regulation by a title insurance agency or
   59  insurer, including, but not limited to, trade secrets, be made
   60  confidential and exempt from the requirements of s. 119.07(1),
   61  Florida Statutes, and s. 24(a), Article I of the State
   62  Constitution. The disclosure of information, such as revenue
   63  data, loss expense data, gross receipts, the amount of taxes
   64  paid, the amount of capital investment, customer identification,
   65  and the amount of employee wages paid, could injure a business
   66  in the marketplace by providing its competitors with detailed
   67  insights into the financial status and the strategic plans of
   68  the business, thereby diminishing the advantage that the
   69  business maintains over competitors that do not possess such
   70  information. Without this exemption, title insurance agencies
   71  and title insurers, whose records are generally not required to
   72  be open to the public, might refrain from providing accurate and
   73  unbiased data, thus impairing the Office of Insurance
   74  Regulation’s ability to set fair and adequate title insurance
   75  rates. Proprietary business information derives actual or
   76  potential independent economic value from not being generally
   77  known to, and not being readily ascertainable by proper means
   78  by, other persons who can derive economic value from its
   79  disclosure or use. The Office of Insurance Regulation, in
   80  performing its lawful duties and responsibilities, may need to
   81  obtain information from the proprietary business information.
   82  Without an exemption from public records requirements for
   83  proprietary business information provided to the Office of
   84  Insurance Regulation, such information becomes a public record
   85  when received and must be divulged upon request. Divulgence of
   86  any proprietary business information under the public records
   87  law would destroy the value of that property to the proprietor,
   88  causing a financial loss not only to the proprietor but also to
   89  the residents of this state due to the loss of reliable
   90  financial data necessary for fair and adequate rate regulation.
   91  Release of proprietary business information would give business
   92  competitors an unfair advantage and weaken the position in the
   93  marketplace of the proprietor that owns or controls the
   94  proprietary business information. The harm to businesses in the
   95  marketplace and to the effective administration of the
   96  ratemaking function caused by the public disclosure of such
   97  information far outweighs the public benefits derived from its
   98  release. In addition, the confidentiality provided by this act
   99  does not preclude the reporting of statistics in the aggregate
  100  concerning the collection of data, as well as the names of the
  101  title insurance agencies and title insurers participating in the
  102  data collection. Such aggregate reported data is available to
  103  the public and is important to an assessment of the setting of
  104  title insurance premiums. Thus, the Legislature declares that it
  105  is a public necessity that proprietary business information of
  106  title insurers and title insurance agencies provided to the
  107  Office of Insurance Regulation be made confidential and exempt
  108  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
  109  the State Constitution.
  110         Section 3. This act shall take effect on the same date that
  111  CS for SB 1404 or similar legislation takes effect, if such
  112  legislation is adopted in the same legislative session, or an
  113  extension thereof, and becomes law.