Florida Senate - 2012 CS for SB 1862
By the Committee on Governmental Oversight and Accountability;
and Senator Negron
585-03564-12 20121862c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 626.9895, F.S., as created by CS for SB 1860;
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 CS for SB 1860, 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28 repealed on October 2, 2017, unless reviewed and saved from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 CS for SB 1860 or similar legislation takes effect, if such
64 legislation is adopted in the same legislative session, or an
65 extension thereof, and becomes law.