House Bill hb0405

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    Florida House of Representatives - 2001                 HB 405

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to public records exemptions

  3         for certain surplus lines insurance records;

  4         amending s. 626.921, F.S., which provides an

  5         exemption from public records requirements for

  6         certain surplus lines insurance information

  7         submitted to the Department of Insurance or

  8         available for inspection by the department;

  9         reenacting such exemption and removing the

10         October 2, 2001, repeal thereof scheduled under

11         the Open Government Sunset Review Act of 1995;

12         narrowing the exemption to apply to information

13         specific to a particular policy or

14         policyholder; providing an exemption from

15         public records requirements for certain surplus

16         lines insurance information submitted to the

17         Florida Surplus Lines Service Office; providing

18         for future review and repeal; providing a

19         finding of public necessity; providing an

20         effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Notwithstanding the October 2, 2001, repeal

25  of said subsection scheduled pursuant to the Open Government

26  Sunset Review Act of 1995, subsection (8) of section 626.921,

27  Florida Statutes, is reenacted and amended to read:

28         626.921  Florida Surplus Lines Service Office.--

29         (8)(a)  Information furnished to the department under

30  s. 626.923 or contained in the records subject to examination

31  by the department under s. 626.930 is confidential and exempt

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    Florida House of Representatives - 2001                 HB 405

    688-166-01






  1  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  2  the State Constitution if the disclosure of the information

  3  would reveal information specific to a particular policy or

  4  policyholder a trade secret as defined in s. 688.002.  This

  5  subsection is subject to the Open Government Sunset Review Act

  6  of 1995 in accordance with s. 119.15, and shall stand repealed

  7  on October 2, 2001, unless reviewed and saved from repeal

  8  through reenactment by the Legislature.  The exemption does

  9  not apply to any proceeding instituted by the department

10  against an agent or insurer.

11         (b)  Information furnished to the Florida Surplus Lines

12  Service Office under this section is confidential and exempt

13  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

14  the State Constitution if the disclosure of the information

15  would reveal information specific to a particular policy or

16  policyholder. The exemption does not apply to any proceeding

17  instituted by the department against an agent or insurer. This

18  paragraph is subject to the Open Government Sunset Review Act

19  of 1995 in accordance with s. 119.15, and shall stand repealed

20  on October 2, 2006, unless reviewed and saved from repeal

21  through reenactment by the Legislature.

22         Section 2.  The Legislature finds that it is a public

23  necessity that certain records of the Florida Surplus Lines

24  Service Office be held confidential and exempt.  The

25  disclosure of surplus lines policy information submitted to

26  the office, to the extent that such information reveals

27  information specific to a particular policy or policyholder,

28  would be harmful to insurers or agents due to the economic

29  value of such information if revealed to competitors.  Such

30  information also may reveal economic information about the

31  policyholder that would be harmful as an invasion of privacy

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    Florida House of Representatives - 2001                 HB 405

    688-166-01






  1  of the policyholder.  Accordingly, it is a public necessity

  2  that such information be held confidential and exempt.

  3         Section 3.  This act shall take effect October 1, 2001.

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  6                          HOUSE SUMMARY

  7
      Reenacts the public records exemption for certain surplus
  8    lines insurance information submitted to the Department
      of Insurance or available for inspection by the
  9    department, removes the October 2, 2001, repeal thereof
      scheduled under the Open Government Sunset Review Act of
10    1995, and narrows the exemption to apply to information
      specific to a particular policy or policyholder.
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12    Provides an exemption from public records requirements
      for certain surplus lines insurance information submitted
13    to the Florida Surplus Lines Service Office. Provides for
      future review and repeal.
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