Florida Senate - 2017                   (PROPOSED BILL) SPB 7024
       FOR CONSIDERATION By the Committee on Banking and Insurance
       597-02023-17                                          20177024pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 626.84195, F.S.,
    4         relating to an exemption from public records
    5         requirements for proprietary business information
    6         provided to the Office of Insurance Regulation by
    7         title insurance agencies or insurers; redefining the
    8         term “proprietary business information”; removing the
    9         scheduled repeal of the exemption; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 626.84195, Florida Statutes, is amended
   15  to read:
   16         626.84195 Confidentiality of information supplied by title
   17  insurance agencies and insurers.—
   18         (1) As used in this section, the term “proprietary business
   19  information” means information that:
   20         (a) Is owned or controlled by a title insurance agency or
   21  insurer requesting confidentiality under this section;
   22         (b) Is intended to be and is treated by the title insurance
   23  agency or insurer as private in that the disclosure of the
   24  information would cause harm to the business operations of the
   25  title insurance agency or insurer;
   26         (c) Has not been publicly disclosed unless disclosed
   27  pursuant to a statutory provision, an order of a court or
   28  administrative body, or a private agreement, providing that the
   29  information may not be released to the public; and
   30         (d) Concerns:
   31         1. Business plans;
   32         2. Internal auditing controls and reports of internal
   33  auditors;
   34         3. Reports of external auditors for privately held
   35  companies;
   36         4. Trade secrets, as defined in s. 688.002; or
   37         5. Financial information, including, but not limited to,
   38  revenue data, loss expense data, gross receipts, taxes paid,
   39  capital investment, customer identification, and employee wages.
   40         (2) Proprietary business information provided to the office
   41  by a title insurance agency or insurer is confidential and
   42  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   43  Constitution until such information is otherwise publicly
   44  available or is no longer treated by the title insurance agency
   45  or insurer as proprietary business information. However,
   46  information provided by multiple title insurance agencies and
   47  insurers may be aggregated on an industrywide basis and
   48  disclosed to the public as long as the specific identities of
   49  the agencies or insurers are not revealed.
   50         (3) This section is subject to the Open Government Sunset
   51  Review Act in accordance with s. 119.15 and shall stand repealed
   52  on October 2, 2017, unless reviewed and saved from repeal
   53  through reenactment by the Legislature.
   54         Section 2. This act shall take effect October 1, 2017.