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| 1 | A bill to be entitled | ||
| 2 | An act relating to a public records exemption; creating s. | ||
| 3 | 627.9742, F.S.; creating a public records exemption for | ||
| 4 | credit scoring methodologies and related data and | ||
| 5 | information that are trade secrets filed with the Office | ||
| 6 | of Insurance Regulation; providing for future review and | ||
| 7 | repeal; providing a statement of public necessity; | ||
| 8 | providing a contingent effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Section 627.9742, Florida Statutes, is created | ||
| 13 | to read: | ||
| 14 | 627.9742 Public records exemption for the Office of | ||
| 15 | Insurance Regulation.--Credit scoring methodologies and related | ||
| 16 | data and information that are trade secrets as defined in s. | ||
| 17 | 688.002 and that are filed with the Office of Insurance | ||
| 18 | Regulation pursuant to a rate filing or other filing required by | ||
| 19 | law are confidential and exempt from the provisions of s. | ||
| 20 | 119.07(1) and s. 24(a), Art. I of the State Constitution. | ||
| 21 | Section 2. Section 627.9742, Florida Statutes, is subject | ||
| 22 | to the Open Government Sunset Review Act of 1995 in accordance | ||
| 23 | with s. 119.15, Florida Statutes, and shall stand repealed on | ||
| 24 | October 2, 2008, unless reviewed and saved from repeal through | ||
| 25 | reenactment by the Legislature. | ||
| 26 | Section 3. The Legislature finds that it is a public | ||
| 27 | necessity that credit scoring methodologies and related data and | ||
| 28 | information that are trade secrets, filed with the Office of | ||
| 29 | Insurance Regulation pursuant to a rate filing or other filing | ||
| 30 | required by law, be made confidential and exempt from public | ||
| 31 | records requirements. Such information could harm the business | ||
| 32 | of an insurance company, as it contains proprietary confidential | ||
| 33 | business information that has economic value derived from not | ||
| 34 | being disclosed to competitors. The Legislature further finds | ||
| 35 | that it is a public necessity to make such information | ||
| 36 | confidential and exempt from public disclosure because release | ||
| 37 | of such information would likely result in an insurer's not | ||
| 38 | providing the Office of Insurance Regulation with adequate | ||
| 39 | information on which to base a determination as to whether a | ||
| 40 | filing meets the requirements of law, resulting in increased | ||
| 41 | administrative and legal disputes with regard to the filing. | ||
| 42 | Section 4. This act shall take effect January 1, 2004, if | ||
| 43 | HB 0109A or substantially similar legislation is adopted in the | ||
| 44 | same legislative session, or an extension thereof, and becomes a | ||
| 45 | law. | ||