SENATE AMENDMENT
Bill No. CS for SB 1734
Amendment No. ___ Barcode 194768
CHAMBER ACTION
Senate House
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11 Senator Rossin moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 627.3111, Florida Statutes, is
18 created to read:
19 627.3111 Public records exemption.--
20 All bank account numbers, and debit, charge, and credit
21 card numbers; and, all personal identifying information
22 contained in financial records, patient records, and other
23 individual health records, held by the Department of
24 Insurance, or its service providers, are exempt from s.
25 119.07(1) and s. 24(a), Art. I of the State Constitution. The
26 department, however, shall release such information to any
27 local, state, or federal law enforcement agency as is
28 necessary for the performance of such agency's official duties
29 and responsibilities, and in addition, this exemption does not
30 apply to any information regarding an insured or other person
31 who is the subject of a criminal investigation. This exemption
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4:49 PM 05/02/01 s1734c1c-35c3t
SENATE AMENDMENT
Bill No. CS for SB 1734
Amendment No. ___ Barcode 194768
1 is subject to the Open Government Sunset Review At of 1995 in
2 accordance with s. 119.15 and expires on October 2, 2006,
3 unless reviewed and reenacted by the Legislature.
4 Section 2. The Legislature finds that it is a public
5 necessity that bank account numbers, debit, charge, and credit
6 card numbers; and, personal identifying information contained
7 in financial records, held by the Department of Insurance or
8 its service providers be made exempt from public disclosure,
9 except as otherwise provided in this act, in order to protect
10 the financial interests of those persons about whom that
11 information pertains. Without the exemption, a person could
12 use that information to gain access to highly sensitive,
13 personal financial data that is not his or hers. In addition,
14 this information could easily be used for fraudulent and other
15 illegal purposes, including identify theft, and could result
16 in substantial financial harm. Accordingly, such information
17 is traditionally not disclosed to the public, as is evidenced
18 throughout the Florida Statutes. Furthermore, every person
19 has an expectation of and a right to privacy in all matters
20 concerning his or her personal financial matters. The
21 Legislature further finds that it is a public necessity that
22 personal identifying information contained in patient records
23 and other individual health records held by the Department of
24 Insurance or its service providers be held exempt from public
25 disclosure, except as otherwise provided in the act, because
26 of the sensitive personal nature of such medical information.
27 Matters of personal health are traditionally private concerns
28 between the patient and the health care provider, which
29 pervades both the public and private health care sectors. Such
30 information should not be open to public disclosure just
31 because the records come into the possession of a public
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4:49 PM 05/02/01 s1734c1c-35c3t
SENATE AMENDMENT
Bill No. CS for SB 1734
Amendment No. ___ Barcode 194768
1 entity. Disclosure of such information could cause
2 unwarranted damage to the good name or reputation of such
3 individuals and could actually jeopardize their health and
4 safety.
5 Section 3. This act shall take effect upon becoming a
6 law.
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10 And the title is amended as follows:
11 Delete everything before the enacting clause
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13 and insert:
14 A bill to be entitled
15 An act relating to public records; creating s.
16 627.3111, F.S.; providing an exemption from
17 public records requirements for personal
18 identifying information contained in financial
19 records, patient records, and other medical
20 records, as well as bank account numbers,
21 debit, charge, and credit card numbers, held by
22 the Department of Insurance; providing for
23 future review and repeal; providing a finding
24 of public necessity; providing an effective
25 date.
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