Florida Senate - 2013                (Corrected Copy)    SB 1886
       
       
       
       By the Committee on Banking and Insurance
       
       
       
       
       597-04478A-13                                         20131886__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         324.242, F.S.; providing a public records exemption
    4         for certain information regarding bodily injury
    5         liability insurance policies; providing for future
    6         legislative review and repeal of the exemption for
    7         information regarding certain liability insurance
    8         policies under the Open Government Sunset Review Act;
    9         providing a statement of public necessity; providing a
   10         contingent effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 324.242, Florida Statutes, is amended to
   15  read:
   16         324.242 Personal injury protection and property damage
   17  liability insurance policies; public records exemption.—
   18         (1) The following information regarding personal injury
   19  protection, bodily injury liability, and property damage
   20  liability insurance policies held by the department is
   21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   22  of the State Constitution:
   23         (a) Personal identifying information of an insured or
   24  former insured; and
   25         (b) An insurance policy number.
   26         (2) Upon receipt of a written request and a copy of a crash
   27  report as required under s. 316.065, s. 316.066, or s. 316.068,
   28  the department shall release the policy number for a policy
   29  covering a vehicle involved in a motor vehicle accident to:
   30         (a) Any person involved in such accident;
   31         (b) The attorney of any person involved in such accident;
   32  or
   33         (c) A representative of the insurer of any person involved
   34  in such accident.
   35         (3) This exemption applies to personal identifying
   36  information of an insured or former insured and insurance policy
   37  numbers held by the department before, on, or after October 11,
   38  2007.
   39         (4) This section is subject to the Open Government Sunset
   40  Review Act in accordance with s. 119.15 and shall stand repealed
   41  on October 2, 2018, unless reviewed and saved from repeal
   42  through reenactment by the Legislature.
   43         Section 2. The Legislature finds and declares that it is a
   44  public necessity to make certain information regarding bodily
   45  injury liability insurance policies held by the Department of
   46  Highway Safety and Motor Vehicles confidential and exempt from
   47  the requirements of s. 119.07(1), Florida Statutes, and s.
   48  24(a), Article I of the State Constitution. In order to ensure
   49  public safety on the roads and highways of this state, it is
   50  imperative that automobile drivers be properly insured for
   51  liability for bodily injury, as well as damage to real property.
   52  As such, insurers are required to report to the Department of
   53  Highway Safety and Motor Vehicles and verify the issuance of a
   54  new policy to a driver, as well as the renewal, nonrenewal, or
   55  cancellation of that policy. Such information includes the
   56  personal identifying information of an insured or former insured
   57  as well as the insurance policy number of the insured. If this
   58  information is compiled, it could result in a customer list of
   59  every insurer in the state. Customer lists contain detailed
   60  client and policy information that is traditionally considered
   61  proprietary business information because such lists could be
   62  used by competitors to solicit customers. Consequently, the
   63  release of that information could injure the insurer in the
   64  marketplace by diminishing the advantage that the insurer
   65  maintains over those who do not possess such information.
   66  Further, public access to such information could be used to
   67  perpetuate fraud against an insured and put him or her at risk
   68  or to make the insured the target of uninvited solicitations
   69  from other insurers or from others seeking to profit from motor
   70  vehicle accidents.
   71         Section 3. This act shall take effect on the same date that
   72  SB ____ or similar legislation takes effect, if such legislation
   73  is adopted in the same legislative session or an extension
   74  thereof and becomes a law.