Senate Bill sb1734e2
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1 A bill to be entitled
2 An act relating to public records; creating s.
3 627.3111, F.S.; providing an exemption from
4 public records requirements for personal
5 identifying information contained in financial
6 records, patient records, and other medical
7 records, as well as bank account numbers,
8 debit, charge, and credit card numbers, held by
9 the Department of Insurance; providing for
10 future review and repeal; providing a finding
11 of public necessity; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 627.3111, Florida Statutes, is
17 created to read:
18 627.3111 Public records exemption.--All bank account
19 numbers, and debit, charge, and credit card numbers; and, all
20 personal identifying information contained in financial
21 records, patient records, and other individual health records,
22 held by the Department of Insurance, or its service providers,
23 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
24 Constitution. The department, however, shall release such
25 information to any local, state, or federal law enforcement
26 agency as is necessary for the performance of such agency's
27 official duties and responsibilities, and in addition, this
28 exemption does not apply to any information regarding an
29 insured or other person who is the subject of a criminal
30 investigation. This exemption is subject to the Open
31 Government Sunset Review Act of 1995 in accordance with s.
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1 119.15 and expires on October 2, 2006, unless reviewed and
2 reenacted by the Legislature.
3 Section 2. The Legislature finds that it is a public
4 necessity that bank account numbers, debit, charge, and credit
5 card numbers; and, personal identifying information contained
6 in financial records, held by the Department of Insurance or
7 its service providers be made exempt from public disclosure,
8 except as otherwise provided in this act, in order to protect
9 the financial interests of those persons about whom that
10 information pertains. Without the exemption, a person could
11 use that information to gain access to highly sensitive,
12 personal financial data that is not his or hers. In addition,
13 this information could easily be used for fraudulent and other
14 illegal purposes, including identity theft, and could result
15 in substantial financial harm. Accordingly, such information
16 is traditionally not disclosed to the public, as is evidenced
17 throughout the Florida Statutes. Furthermore, every person
18 has an expectation of and a right to privacy in all matters
19 concerning his or her personal financial matters. The
20 Legislature further finds that it is a public necessity that
21 personal identifying information contained in patient records
22 and other individual health records held by the Department of
23 Insurance or its service providers be held exempt from public
24 disclosure, except as otherwise provided in the act, because
25 of the sensitive personal nature of such medical information.
26 Matters of personal health are traditionally private concerns
27 between the patient and the health care provider, which
28 pervades both the public and private health care sectors. Such
29 information should not be open to public disclosure just
30 because the records come into the possession of a public
31 entity. Disclosure of such information could cause
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1 unwarranted damage to the good name or reputation of such
2 individuals and could actually jeopardize their health and
3 safety.
4 Section 3. This act shall take effect upon becoming a
5 law.
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