SENATE AMENDMENT

    Bill No. CS for SB 1480

    Amendment No. ___   Barcode 554070

                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 19,  through

15            page 3, line 7, delete those lines

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17  and insert:

18         627.3111  Public records exemption.--All bank account

19  numbers; debit, charge, and credit card numbers; and all other

20  personal financial and health information of a consumer held

21  by the Department of Insurance or its service providers or

22  agents, relating to a consumer's complaint or inquiry

23  regarding a matter or activity regulated under the Florida

24  Insurance Code are confidential and exempt from s. 119.07(1)

25  and s. 24(a), Art. I of the State Constitution. For the

26  purpose of this section, the term "consumer" includes, but is

27  not limited to, a prospective purchaser, purchaser, or

28  beneficiary of, or applicant for, any product or service

29  regulated under the Florida Insurance Code, and a family

30  member or dependent of a consumer, a subscriber under a group

31  policy, or a policyholder. This information shall be redacted

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1480

    Amendment No. ___   Barcode 554070





  1  from records that contain nonexempt information prior to

  2  disclosure. This exemption applies to information made

  3  confidential and exempt by this section which is held by the

  4  Department of Insurance or its service providers or agents

  5  before, on, or after the effective date of this exemption.

  6  Such confidential and exempt information may be disclosed to

  7  another governmental entity, if disclosure is necessary for

  8  the receiving entity to perform its duties and

  9  responsibilities, and may be disclosed to the National

10  Association of Insurance Commissioners. The receiving

11  governmental entity and the association must maintain the

12  confidential and exempt status of such information. The

13  information made confidential and exempt by this section may

14  be used in a criminal, civil, or administrative proceeding if

15  the confidential and exempt status of such information is

16  maintained. This exemption does not include the name and

17  address of an inquirer or complainant to the department or the

18  name of an insurer or other regulated entity that is the

19  subject of the inquiry of complaint. This section is subject

20  to the Open Government Sunset Review Act of 1995 in accordance

21  with s. 119.15 and shall stand repealed on October 2, 2007,

22  unless reviewed and saved from repeal through reenactment by

23  the Legislature.

24         Section 2.  The Legislature finds that the public

25  records exemption created by this act is a public necessity in

26  order to protect an individual's sensitive financial and

27  health information. Disclosure of bank account numbers and

28  debit, charge, and credit card numbers would create the

29  opportunity for theft or fraud thereby jeopardizing the

30  financial security of an individual. Limiting disclosure of

31  personal financial information held by the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1480

    Amendment No. ___   Barcode 554070





  1  Insurance or its service providers is also necessary in order

  2  to protect the financial interests of those persons to whom

  3  that information pertains. Such numbers and information could

  4  be used for fraudulent and other illegal purposes, including

  5  identity theft, and could result in substantial financial

  6  harm. Furthermore, every person has an expectation of and a

  7  right to privacy in all matters concerning his or her personal

  8  financial matters. The Legislature further finds that it is a

  9  public necessity that health information held by the

10  department be made confidential and exempt because matters of

11  personal health are traditionally private and confidential

12  concerns between the patient and the health care provider. The

13  private and confidential nature of personal health matters

14  pervades both the public and private health care sectors.

15  Moreover, public disclosure of health information could have

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, lines 5-8, delete those lines

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22  and insert:

23         charge, and credit card numbers and personal

24         financial and health information held by the

25         Department of Insurance;

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