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with s. 119.15, Florida Statutes, and shall stand repealed on |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