Florida Senate - 2012 SB 1862 By Senator Negron 28-01433-12 20121862__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 626.9895, F.S., as created by Senate Bill ____; 4 exempting from public record requirements all 5 identifying information of a donor or prospective 6 donor to the motor vehicle insurance fraud direct 7 support organization of the Division of Insurance 8 Fraud; providing for future repeal and legislative 9 review of the exemption under the Open Government 10 Sunset Review Act; providing a statement of public 11 necessity; providing a contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (9) is added to section 626.9895, 16 Florida Statutes, as created by Senate Bill ____, to read: 17 626.9895 Motor vehicle insurance fraud direct-support 18 organization.— 19 (9) DONOR CONFIDENTIALITY.— 20 (a) The identity of a donor or prospective donor to the 21 organization who desires to remain anonymous and all other 22 information identifying such donor or prospective donor are 23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 24 of the State Constitution. Such anonymity shall be maintained in 25 the annual financial audit created pursuant to subsection (2). 26 (b) This subsection is subject to the Open Government 27 Sunset Review Act in accordance with s. 119.15 and shall stand 28 repealed on October 2, 2017, unless reviewed and saved from 29 repeal through reenactment by the Legislature. 30 Section 2. The Legislature finds that it is a public 31 necessity that information identifying a donor or prospective 32 donor to the Automobile Insurance Fraud Strike Force direct 33 support organization of the Division of Insurance Fraud be made 34 confidential and exempt from public records requirements if such 35 donor or prospective donor desires to remain anonymous. 36 Fraudulent activity in the personal injury protection insurance 37 system in this state has reached unprecedented levels. The 38 direct-support organization is created for the purpose of 39 supporting efforts by the Division of Insurance Fraud to 40 investigate, prosecute, and prevent motor vehicle insurance 41 fraud. In order to obtain support for the organization and its 42 mission, it is necessary to promote the raising of private funds 43 for these anti-fraud efforts. An essential element of such 44 support is the need to protect the identity of prospective and 45 actual donors who desire to remain anonymous. There is a 46 chilling effect on donations when the identity of individual 47 donors is subject to disclosure because donors are concerned 48 about the disclosure of sensitive personal information, which 49 can lead to theft, including identity theft, and jeopardize the 50 personal safety and security of such individuals. The disclosure 51 of the identity of an entity that is a prospective or actual 52 donor can also provide competitors in the marketplace with 53 insights into the finances of that entity and thereby cause 54 injury to the entity. The chilling effect on donations would, in 55 turn, impede the efforts of the state to combat motor vehicle 56 insurance fraud. Therefore, the Legislature finds that it is a 57 public necessity to make confidential and exempt from public 58 records requirements information that would identify a donor or 59 prospective donor to the motor vehicle insurance fraud direct 60 support organization if such donor or prospective donor wishes 61 to remain anonymous. 62 Section 3. This act shall take effect on the same date that 63 Senate Bill ___ or similar legislation takes effect, if such 64 legislation is adopted in the same legislative session, or an 65 extension thereof, and becomes law.