House Bill hb0107

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                 HB 107

        By Representative Ryan






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         certain computer modeling data, calculations,

  5         assumptions, and methodologies used for certain

  6         purposes; providing for future review and

  7         repeal; providing a finding of public

  8         necessity; providing an effective date.

  9  

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

11  

12         Section 1.  Any computer modeling data, calculations,

13  assumptions, and methodologies developed for purposes of any

14  rate filing under part I of chapter 627, Florida Statutes, are

15  confidential and exempt from the provisions of s. 119.07(1),

16  Florida Statutes, and s. 24(a), Art. I of the State

17  Constitution, for purposes of use by the Department of

18  Insurance in setting rates under part I of chapter 627,

19  Florida Statutes. This section is subject to the Open

20  Government Sunset Review Act of 1995 in accordance with s.

21  119.15, Florida Statutes, and shall stand repealed on October

22  2, 2006, unless reviewed and saved from repeal through

23  reenactment by the Legislature.

24         Section 2.  The Legislature finds that the exemption

25  from public disclosure of computer modeling data,

26  calculations, assumptions, and methodologies developed for

27  purposes of any rate filing under part I of chapter 627,

28  Florida Statutes, is necessary for the Department of Insurance

29  to effectively and efficiently review rate filings made by

30  insurance companies, determine that insurance rates are not

31  excessive, inadequate, or unfairly discriminatory as required

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 107

    711-129-02






  1  by law, and set rates in compliance with applicable provisions

  2  of law in regulating insurance companies in this state.

  3  Disclosure of such data, calculations, assumptions, and

  4  methodologies could thwart the state's interest in ensuring

  5  the integrity of the regulatory process and could harm the

  6  business of an insurance company.

  7         Section 3.  The Legislature finds that it is a public

  8  necessity that computer modeling data, calculations,

  9  assumptions, and methodologies developed for purposes of rate

10  filings under part I of chapter 627, Florida Statutes, be held

11  confidential and exempt.  It is a public necessity that

12  insurance rates not be excessive, inadequate, or unfairly

13  discriminatory as required by law and that the Department of

14  Insurance be able to review and analyze the computer modeling

15  data, assumptions, calculations, and methodologies upon which

16  a rate filing is based to determine whether a rate filing

17  complies with the appropriate provisions, restrictions, and

18  limitations of law. It is a public necessity that computer

19  modeling data, assumptions, calculations, and methodologies

20  upon which rate filings are based be held confidential and

21  exempt because such computer modeling contains proprietary

22  confidential business information and disclosure of such

23  computer modeling information could be harmful to the

24  insurance company making the rate filing.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 107

    711-129-02






  1            *****************************************

  2                          HOUSE SUMMARY

  3  
      Provides for confidentiality and an exemption from public
  4    records requirements for any computer modeling data,
      calculations, assumptions, and methodologies developed
  5    for property and casualty insurance rate purposes and for
      purposes of use by the Department of Insurance in setting
  6    property and casualty insurance rates. See bill for
      details.
  7  

  8  

  9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.