Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1014
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                

       The Committee on Banking and Insurance (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (10) is added to section 626.9891,
    6  Florida Statutes, to read:
    7         626.9891 Insurer anti-fraud investigative units; reporting
    8  requirements; penalties for noncompliance.—
    9         (10)(a)The information submitted to the department
   10  pursuant to paragraphs (3)(d), (e), and (f) and paragraphs
   11  (5)(d), (e), (f), (g), and (k) is exempt from s. 119.07(1) and
   12  s. 24(a), Art. I of the State Constitution.
   13         (b)This subsection is subject to the Open Government
   14  Sunset Review Act in accordance with s. 119.15 and shall stand
   15  repealed on October 2, 2022, unless reviewed and saved from
   16  repeal through reenactment by the Legislature.
   17         (c)This exemption applies to records held before, on, or
   18  after the effective date of this exemption.
   19         Section 2. (1)The Legislature finds that it is a public
   20  necessity to make exempt from s. 119.07(1), Florida Statutes,
   21  and s. 24(a), Article I of the State Constitution the
   22  description of an insurer’s anti-fraud education and training,
   23  the description of an insurer’s anti-fraud investigative unit,
   24  and an insurer’s rationale for the level of staffing and
   25  resources it provides to the anti-fraud investigative unit as
   26  required in s. 626.9891(3)(d), (e), and (f), Florida Statutes,
   27  and filed with the Division of Investigative and Forensic
   28  Services pursuant to s. 626.9891(2), Florida Statutes, and the
   29  data collected and reported to the Division of Investigative and
   30  Forensic Services pursuant to s. 626.9891(5)(d), (e), (f), (g),
   31  and (k), Florida Statutes.
   32         (2)The description of an insurer’s anti-fraud education
   33  and training that assists in identifying and evaluating
   34  instances of suspected fraudulent insurance acts, the
   35  description of an insurer’s anti-fraud investigative unit, and
   36  an insurer’s rationale for the level of staffing and resources
   37  it provides to the anti-fraud investigative unit will allow the
   38  Department of Financial Services to ensure that insurers have
   39  adequate procedures in place to properly detect, investigate,
   40  and report potential insurance fraud. The public disclosure of
   41  this information would allow criminal elements to use such
   42  information to identify fraud prevention or detection strategies
   43  employed by insurers and use this information to commit
   44  insurance fraud. The Legislature further finds that disclosure
   45  of this information would allow persons suspected of fraud to be
   46  alerted to a potential or ongoing investigation and alter
   47  behavior to impede an investigation. To ensure the integrity of
   48  such records already in the possession of the department, this
   49  exemption is made retroactive in its application.
   50         (3)The data submitted pursuant to s. 626.9891(5)(d), (e),
   51  (f), (g), and (k), Florida Statutes, allow the department to
   52  track and assess trends in insurance fraud in this state. Such
   53  information includes the number of claims referred to the anti
   54  fraud investigative unit, the number of matters referred to the
   55  anti-fraud investigative unit which were not claim-related, the
   56  number of claims investigated or accepted by the anti-fraud
   57  investigative unit, the number of other insurance fraud matters
   58  investigated or accepted by the anti-fraud investigative unit
   59  which were not claim-related, and the estimated dollar amount or
   60  range of damages on cases referred to the Division of
   61  Investigative and Forensic Services or other agencies. The
   62  public disclosure of this information could injure a business in
   63  the marketplace by providing its competitors with detailed
   64  insights into the claim investigation processes and statistics
   65  of the company, thereby diminishing the advantage that the
   66  business maintains over competitors that do not possess such
   67  information. Without this exemption, insurers might refrain from
   68  providing accurate and unbiased data, thus impairing the
   69  department’s ability to track and assess insurance fraud in this
   70  state. This data will allow insurance fraud investigators to
   71  better track, predict, and curb fraud trends in this state by
   72  providing access to data gathered by insurers’ anti-fraud
   73  investigative units. Information regarding the amount of
   74  insurance fraud experienced, referred, and addressed internally
   75  will be valuable material for the department and will better
   76  enable law enforcement agencies to assist state prosecutors in
   77  the successful prosecution of fraudulent behavior.
   78         Section 3. This act shall take effect on the same date that
   79  CS/SB 1012 or similar legislation takes effect, if such
   80  legislation is adopted in the same legislative session or an
   81  extension thereof and becomes a law.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to public records; amending s.
   89         626.9891, F.S.; providing an exemption from public
   90         records requirements for reports, documents, or other
   91         information relating to the investigation and tracking
   92         of insurance fraud submitted by insurers to the
   93         Department of Financial Services; providing for future
   94         legislative review and repeal of the exemption;
   95         providing retroactive applicability; providing a
   96         statement of public necessity; providing a contingent
   97         effective date.