House Bill hb1767

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    Florida House of Representatives - 2002                HB 1767

        By Representative Allen






  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         627.3111, F.S.; providing an exemption from

  4         public records requirements for personal

  5         identifying information contained in financial

  6         records and patient records and other

  7         individual financial and health information, as

  8         well as bank account numbers and debit, charge,

  9         and credit card numbers, held by the Department

10         of Insurance; providing for the release of

11         information to law enforcement agencies under

12         specified circumstances; providing for

13         nonapplicability of the exemption; providing

14         for future review and repeal; providing a

15         finding of public necessity; providing an

16         effective date.

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

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20         Section 1.  Section 627.3111, Florida Statutes, is

21  created to read:

22         627.3111  Public records exemption.--All bank account

23  numbers and debit, charge, and credit card numbers, all

24  personal identifying information contained in financial

25  records and patient records, and other individual financial

26  and health information held by the Department of Insurance, or

27  its service providers, are exempt from s. 119.07(1) and s.

28  24(a), Art. I of the State Constitution.  The department,

29  however, shall release such information to any local, state,

30  or federal law enforcement agency as is necessary for the

31  performance of such agency's official duties and

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    Florida House of Representatives - 2002                HB 1767

    741-110-02






  1  responsibilities, and in addition, this exemption does not

  2  apply to any information regarding an insured or other person

  3  who is the subject of a criminal investigation. This exemption

  4  is subject to the Open Government Sunset Review Act of 1995 in

  5  accordance with s. 119.15 and expires on October 2, 2007,

  6  unless reviewed and reenacted by the Legislature.

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

  8  necessity that bank account numbers, debit, charge, and credit

  9  card numbers, and all personal identifying information

10  contained in financial records held by the Department of

11  Insurance or its service providers be made exempt from public

12  disclosure, except as otherwise provided in this act, in order

13  to protect the financial interests of those persons to whom

14  that information pertains.  Without the exemption, a person

15  could use that information to gain access to highly sensitive,

16  personal financial data that is not his or hers.  In addition,

17  this information could easily be used for fraudulent and other

18  illegal purposes, including identity theft, and could result

19  in substantial financial harm.  Accordingly, such information

20  is traditionally not disclosed to the public, as is evidenced

21  throughout the Florida Statutes.  Furthermore, every person

22  has an expectation of and a right to privacy in all matters

23  concerning his or her personal financial matters.  The

24  Legislature further finds that it is a public necessity that

25  personal identifying information contained in patient records

26  and other individual financial and health information held by

27  the Department of Insurance or its service providers be held

28  exempt from public disclosure, except as otherwise provided in

29  this act, because of the sensitive personal nature of such

30  medical information.  In both the public and private health

31  care sectors, matters of personal health are traditionally

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    Florida House of Representatives - 2002                HB 1767

    741-110-02






  1  private concerns between the patient and the health care

  2  provider. Such information should not be open to public

  3  disclosure just because the records come into the possession

  4  of a public entity.  Disclosure of such information could

  5  cause unwarranted damage to the good name or reputation of

  6  such individuals and could actually jeopardize their health

  7  and safety.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
14    for personal identifying information contained in
      financial records and patient records and other
15    individual financial and health information, as well as
      bank account numbers and debit, charge, and credit card
16    numbers held by the Department of Insurance. Provides for
      the release of information to law enforcement agencies as
17    is necessary for the performance of an agency's official
      duties and responsibilities. Provides for
18    nonapplicability of the exemption to any information
      regarding an insured or other person who is the subject
19    of a criminal investigation. Provides for future review
      and repeal of the exemption. Provides a finding of public
20    necessity.

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