Florida Senate - 2015                                    SB 1268
       By Senator Soto
       14-00875-15                                           20151268__
    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;
    7         providing a statement of public necessity; providing a
    8         contingent effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 324.242, Florida Statutes, is amended to
   13  read:
   14         324.242 Personal injury protection and property damage
   15  liability insurance policies; public records exemption.—
   16         (1) The following information regarding personal injury
   17  protection, bodily injury liability, and property damage
   18  liability insurance policies held by the department is
   19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution:
   21         (a) Personal identifying information of an insured or
   22  former insured; and
   23         (b) An insurance policy number.
   24         (2) Upon receipt of a written request and a copy of a crash
   25  report as required under s. 316.065, s. 316.066, or s. 316.068,
   26  the department shall release the policy number for a policy
   27  covering a vehicle involved in a motor vehicle accident to:
   28         (a) Any person involved in such accident;
   29         (b) The attorney of any person involved in such accident;
   30  or
   31         (c) A representative of the insurer of any person involved
   32  in such accident.
   33         (3) This exemption applies to personal identifying
   34  information of an insured or former insured and insurance policy
   35  numbers held by the department before, on, or after October 11,
   36  2007.
   37         (4) This section is subject to the Open Government Sunset
   38  Review Act in accordance with s. 119.15 and shall stand repealed
   39  on October 2, 2020, unless reviewed and saved from repeal
   40  through reenactment by the Legislature.
   41         Section 2. The Legislature finds and declares that it is a
   42  public necessity to make certain information regarding bodily
   43  injury liability insurance policies held by the Department of
   44  Highway Safety and Motor Vehicles confidential and exempt from
   45  the requirements of s. 119.07(1), Florida Statutes, and s.
   46  24(a), Article I of the State Constitution. In order to ensure
   47  public safety on the roads and highways of this state, it is
   48  imperative that automobile drivers be properly insured for
   49  liability for bodily injury, as well as damage to real property.
   50  As such, insurers are required to report to the Department of
   51  Highway Safety and Motor Vehicles and verify the issuance of a
   52  new policy to a driver, as well as the renewal, nonrenewal, or
   53  cancellation of that policy. Such information includes the
   54  personal identifying information of an insured or former insured
   55  as well as the insurance policy number of the insured. If this
   56  information is compiled, it could result in a customer list of
   57  every insurer in the state. Customer lists contain detailed
   58  client and policy information that is traditionally considered
   59  proprietary business information because such lists could be
   60  used by competitors to solicit customers. Consequently, the
   61  release of that information could injure the insurer in the
   62  marketplace by diminishing the advantage that the insurer
   63  maintains over those who do not possess such information.
   64  Further, public access to such information could be used to
   65  perpetuate fraud against an insured and put him or her at risk
   66  or to make the insured the target of uninvited solicitations
   67  from other insurers or from others seeking to profit from motor
   68  vehicle accidents.
   69         Section 3. This act shall take effect on the same date that
   70  SB ____ or similar legislation takes effect, if such legislation
   71  is adopted in the same legislative session or an extension
   72  thereof and becomes a law.