House Bill hb1767e1

                                       CS/HB 1767, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         627.3111, F.S.; creating a public records

  4         exemption for bank account numbers, debit,

  5         charge, and credit card numbers and personal

  6         financial and health information held by the

  7         Department of Insurance; providing for

  8         exceptions to the exemption; providing for

  9         retroactive application; providing for future

10         review and repeal; providing a finding of

11         public necessity; providing an effective date.

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

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15         Section 1.  Section 627.3111, Florida Statutes, is

16  created to read:

17         627.3111  Public records exemption.--All bank account

18  numbers and debit, charge, and credit card numbers; and all

19  other personal financial and health information of a consumer

20  held by the Department of Insurance or its service providers

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

22  regarding a matter or activity regulated under the Florida

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

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

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

26  not limited to a prospective purchaser, purchaser, or

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

28  regulated under the Florida Insurance Code, and a family

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

30  policy, or a policyholder.   This information shall  be

31  redacted from records that contain non-exempt information


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                                       CS/HB 1767, First Engrossed



  1  prior to disclosure.  This exemption applies to information

  2  made confidential and exempt by this section held by the

  3  Department of Insurance or its service providers or agents

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

  5  Such confidential and exempt information may be disclosed to

  6  another governmental entity, if disclosure is necessary for

  7  the receiving entity to perform its duties and

  8  responsibilities, and may be disclosed to the National

  9  Association of Insurance Commissioners. The receiving

10  governmental entity and the association must maintain the

11  confidential and exempt status of such information.  The

12  information made confidential and exempt by this section may

13  be used in a criminal, civil, or administrative proceeding so

14  long as the confidential and exempt status of such information

15  is maintained.  This exemption does not include the name and

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

17  name of an insurer or other regulated entity which is the

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

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

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

21  unless reviewed and saved from repeal through reenactment by

22  the Legislature.

23         Section 2.  The Legislature finds that the public

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

25  order to protect an individual's sensitive financial and

26  health information.  Disclosure of bank account numbers and

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

28  opportunity for theft or fraud thereby jeopardizing the

29  financial security of an individual.  Limiting disclosure of

30  personal financial information held by the Department of

31  Insurance or its service providers is also necessary in order


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                                       CS/HB 1767, First Engrossed



  1  to protect the financial interests of those persons to whom

  2  that information pertains. Such numbers and information could

  3  be used for fraudulent and other illegal purposes, including

  4  identity theft, and could result in substantial financial

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

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

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

  8  public necessity that health information held by the

  9  department be made confidential and exempt because matters of

10  personal health are traditionally private and confidential

11  concerns between the patient and the health care provider.

12  The private and confidential nature of personal health matters

13  pervades both the public and private health care sectors.

14  Moreover, public disclosure of health information could have a

15  negative effect upon a person's business and personal

16  relationships, and could also have detrimental financial

17  consequences.

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

19  law.

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