The Florida Senate

¹624.23  Public records exemption.--

(1)  As used in this section, the term:

(a)  "Consumer" means:

1.  A prospective purchaser, purchaser, or beneficiary of, or applicant for, any product or service regulated under the Florida Insurance Code, and a family member or dependent of a consumer.

2.  An employee seeking assistance from the Employee Assistance and Ombudsman Office under s. 440.191

(b)  "Personal financial and health information" means:

1.  A consumer's personal health condition, disease, or injury;

2.  The existence, nature, source, or amount of a consumer's personal income or expenses;

3.  Records of or relating to a consumer's personal financial transactions of any kind;

4.  The existence, identification, nature, or value of a consumer's assets, liabilities, or net worth;

5.  A history of a consumer's personal medical diagnosis or treatment;

6.  The existence or content or any individual coverage or status under a consumer's beneficial interest in any insurance policy or annuity contract; or

7.  The existence, identification, nature, or value of a consumer's interest in any insurance policy, annuity contract, or trust.

(2)  Personal financial and health information held by the department or office relating to a consumer's complaint or inquiry regarding a matter or activity regulated under the Florida Insurance Code or s. 440.191 are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to personal financial and health information held by the department or office before, on, or after the effective date of this exemption.

(3)  Such confidential and exempt information may be disclosed to:

(a)  Another governmental entity, if disclosure is necessary for the receiving entity to perform its duties and responsibilities; and

(b)  The National Association of Insurance Commissioners.

(4)  This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2012, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2002-175; s. 89, ch. 2003-1; s. 1097, ch. 2003-261; s. 1, ch. 2007-70.

¹Note.--Section 2, ch. 2007-70, provides that "[t]he Legislature finds that it is a public necessity to protect a person's sensitive financial and health information. Disclosure of financial information would create the opportunity for theft or fraud thereby jeopardizing the financial security of a person. Limiting disclosure of personal financial information held by the Department of Financial Services or the Office of Insurance Regulation is also necessary in order to protect the financial interests of the persons to whom that information pertains. Such information could be used for fraudulent or other illegal purposes, including identity theft, and could result in substantial financial harm. Furthermore, every person has an expectation of and a right to privacy in all matters concerning his or her financial interests. The Legislature further finds that it is a public necessity that health information held by the department or office and information provided by employees seeking assistance from the Employee Assistance and Ombudsman Office be made confidential and exempt because matters of personal health are traditionally private and confidential concerns between the patient and health care provider. The private and confidential nature of personal health matters pervades both the public and private health care sectors. Moreover, public disclosure of health information could have a negative effect upon a person's business and personal relationships, and could also have detrimental financial consequences."

Note.--Former s. 627.3111.