Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1768
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2017           .                                

       The Committee on Governmental Oversight and Accountability (Lee)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 20 - 73
    4  and insert:
    5         324.242 Personal injury protection, medical payments,
    6  bodily injury liability, and property damage liability insurance
    7  policies; public records exemption.—
    8         (1) The personal identifying information and an insurance
    9  policy number of an insured or former insured which are the
   10  following information regarding personal injury protection and
   11  property damage liability insurance policies held by the
   12  department regarding insurance policies providing any of the
   13  following coverages are is confidential and exempt from s.
   14  119.07(1) and s. 24(a), Art. I of the State Constitution:
   15         (a) Medical payments coverage Personal identifying
   16  information of an insured or former insured; and
   17         (b) Bodily injury liability coverage; An insurance policy
   18  number.
   19         (c) Property damage liability coverage; or
   20         (d) For policies entered into before January 1, 2018,
   21  personal injury protection coverage.
   22         (2) Upon receipt of a request and proof of a crash report
   23  as required under s. 316.065, s. 316.066, or s. 316.068, or a
   24  crash report created pursuant to the laws of another state, the
   25  department shall release the policy number for a policy covering
   26  a vehicle involved in a motor vehicle accident to:
   27         (a) Any person involved in such accident;
   28         (b) The attorney of any person involved in such accident;
   29  or
   30         (c) A representative of the insurer of any person involved
   31  in such accident.
   32         (3) The department shall provide personal injury protection
   33  and property damage liability insurance policy numbers to
   34  department-approved third parties that provide data collection
   35  services to an insurer of any person involved in such accident.
   36         (4) Before the department’s release of a policy number in
   37  accordance with subsection (2) or subsection (3), an insurer’s
   38  representative, a contracted third party, or an attorney for a
   39  person involved in an accident must provide the department with
   40  documentation confirming proof of representation.
   41         (5) Information made confidential and exempt by this
   42  section may be disclosed to another governmental entity without
   43  a written request or copy of the crash report if disclosure is
   44  necessary for the receiving governmental entity to perform its
   45  duties and responsibilities. For purposes of this subsection,
   46  the term “governmental entity” means any federal, state, county,
   47  district, authority, or municipal officer, department, division,
   48  board, bureau, or commission created or established by law.
   49         (6) This exemption applies to personal identifying
   50  information of an insured or former insured and insurance policy
   51  numbers held by the department before, on, or after October 11,
   52  2007.
   53         (7) This section is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15 and shall stand repealed
   55  on October 2, 2022, unless reviewed and saved from repeal
   56  through reenactment by the Legislature.
   57         Section 2. The Legislature finds that it is a public
   58  necessity to make confidential and exempt from the requirements
   59  of s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   60  the State Constitution the personal identifying information and
   61  insurance policy numbers of an insured or former insured which
   62  are held by the Department of Highway Safety and Motor Vehicles
   63  regarding insurance policies providing medical payments
   64  coverage; bodily injury liability coverage; property damage
   65  liability coverage; or, for policies entered into before January
   66  1, 2018, personal injury protection coverage. In order to ensure
   67  public safety on the
   69  ================= T I T L E  A M E N D M E N T ================
   70  And the title is amended as follows:
   71         Delete lines 4 - 11
   72  and insert:
   73         records requirements to exempt certain information of
   74         insureds and former insureds held by the Department of
   75         Highway Safety and Motor Vehicles regarding insurance
   76         policies providing any of specified coverages;
   77         conforming a provision to changes made by the act;
   78         providing for future