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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