Florida Senate - 2015                       CS for CS for SB 646
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Benacquisto
       
       
       
       
       576-02884-15                                           2015646c2
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         1009.987, F.S.; providing an exemption from public
    4         records requirements for certain personal financial
    5         and health information held by the Florida Prepaid
    6         College Board, the Florida ABLE, Inc., or the Florida
    7         ABLE program, or an agent or service provider thereof;
    8         authorizing the release of such information under
    9         specified circumstances; providing for future
   10         legislative review and repeal of the exemption;
   11         providing a statement of public necessity; providing a
   12         contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 1009.987, Florida Statutes, is created
   17  to read:
   18         1009.987 Public records exemption.—
   19         (1) As used in this section, the term:
   20         (a) “Consumer” means a party to a participation agreement.
   21         (b) “Personal financial and health information” means:
   22         1. A consumer’s personal health condition, disease, injury,
   23  or medical diagnosis or treatment;
   24         2. The existence, nature, source, or amount of a consumer’s
   25  personal income or expenses;
   26         3. Records of or relating to a consumer’s personal
   27  financial transactions of any kind; or
   28         4. The existence, identification, nature, or value of a
   29  consumer’s assets, liabilities, or net worth.
   30         (2) The personal financial and health information of a
   31  consumer held by the Florida Prepaid College Board, the Florida
   32  ABLE, Inc., or the Florida ABLE program, or an agent or service
   33  provider thereof, relating to an ABLE account or a participation
   34  agreement or any information that would identify a consumer is
   35  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   36  of the State Constitution.
   37         (3) The Florida Prepaid College Board or the Florida ABLE,
   38  Inc., may authorize the disclosure of information made
   39  confidential and exempt under subsection (2) to another state or
   40  federal government entity if disclosure is necessary for the
   41  receiving entity to perform its duties or responsibilities or to
   42  verify the eligibility of an eligible individual or authorize
   43  the use of an ABLE account.
   44         (4) This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15 and shall stand repealed
   46  on October 2, 2020, unless reviewed and saved from repeal
   47  through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that the personal financial and health information of
   50  a consumer held by the Florida Prepaid College Board, the
   51  Florida ABLE, Inc., or the Florida ABLE program, or an agent or
   52  service provider thereof, relating to an ABLE account or a
   53  participation agreement, or any information that would identify
   54  a consumer, be made confidential and exempt from s. 119.07(1),
   55  Florida Statutes, and s. 24(a), Article I of the State
   56  Constitution. The Florida ABLE program allows eligible
   57  individuals with disabilities, their family members, and others
   58  to contribute funds to an ABLE account without affecting the
   59  individual’s eligibility for state and federal benefits. It
   60  allows the individual to use those funds for qualified
   61  disability expenses, such as education, housing, transportation,
   62  or other expenses authorized through federal regulations. The
   63  public record exemption for information that would identify a
   64  consumer ensures that information of a sensitive personal nature
   65  concerning a party to a participation agreement is protected.
   66  Without such protection, an individual may be less likely to
   67  take advantage of the program, thus hindering the effective and
   68  efficient administration of the Florida ABLE program. It may
   69  also make the individual vulnerable to abuse and exploitation.
   70  Disclosure of sensitive financial information regarding a
   71  consumer under the Florida ABLE program could create the
   72  opportunity for theft, identity theft, fraud, and other illegal
   73  activity, thereby jeopardizing the financial security of the
   74  consumer and placing him or her at risk for substantial
   75  financial harm. Further, each individual has a reasonable
   76  expectation of and a right to privacy in all matters concerning
   77  personal financial interests. The Legislature further finds that
   78  it is a public necessity to protect a consumer’s personal health
   79  information because such information is traditionally a private
   80  and confidential matter between the patient and health care
   81  provider. The private and confidential nature of personal health
   82  matters pervades both the public and private health care
   83  sectors, and public disclosure of such personal health
   84  information relating to a consumer under the Florida ABLE
   85  program could negatively affect an individual’s business and
   86  personal relationships and cause detrimental financial
   87  consequences.
   88         Section 3. This act shall take effect on the same date that
   89  SB 642 or similar legislation takes effect, if such legislation
   90  is adopted in the same legislative session or an extension
   91  thereof and becomes a law.