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6 of 1995 in accordance with s. 119.15, and shall stand repealed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
2
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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
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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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