| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records exemptions; creating s. |
| 7 | 409.25660, F.S.; exempting from public records |
| 8 | requirements certain records obtained by the Department of |
| 9 | Revenue under an insurance claim data exchange system; |
| 10 | providing for expiration of the exemption; providing for |
| 11 | future legislative review; providing a finding of public |
| 12 | necessity; providing a contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 409.25660, Florida Statutes, is created |
| 17 | to read: |
| 18 | 409.25660 Public records exemption for insurance claim |
| 19 | data exchange information.-- |
| 20 | (1) Information obtained by the Department of Revenue |
| 21 | pursuant to s. 409.25659 is confidential and exempt from s. |
| 22 | 119.07(1) and s. 24(a), Art. I of the State Constitution, until |
| 23 | such time as the department determines whether a match exists. |
| 24 | If a match exists, then such information becomes available for |
| 25 | public disclosure. If a match does not exist, the nonmatch |
| 26 | information shall be destroyed as provided in s. 409.25659. |
| 27 | (2) This section is subject to the Open Government Sunset |
| 28 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
| 29 | repealed on October 2, 2009, unless reviewed and saved from |
| 30 | repeal through reenactment by the Legislature. |
| 31 | Section 2. The Legislature finds that it is a public |
| 32 | necessity that insurance claims information obtained by the |
| 33 | Department of Revenue pursuant to s. 409.25659, Florida |
| 34 | Statutes, be made confidential and exempt until such time as the |
| 35 | department determines whether a match is made with regards to a |
| 36 | person who owes child support. Such information regarding those |
| 37 | persons who do not receive a match is personal and of a private |
| 38 | nature. Gathering and maintaining personal information on |
| 39 | persons for purposes of child support enforcement, when such |
| 40 | persons do not owe child support, could be considered an |
| 41 | intrusion into the right of one's privacy, especially since |
| 42 | those persons are unaware that government has collected such |
| 43 | information. If such information is not made confidential and |
| 44 | exempt until the time specified, then the effective and |
| 45 | efficient administration of the insurance claim data exchange |
| 46 | program could be jeopardized. Insurers might be less likely to |
| 47 | provide the department with information regarding insurance |
| 48 | claims if the insurer believes such information will be made |
| 49 | available for public disclosure. Finally, public oversight of |
| 50 | such program is not hindered in that the public has access to |
| 51 | all information regarding persons receiving a match. |
| 52 | Section 3. This act shall take effect upon becoming a law |
| 53 | if HB 1759 or similar legislation is adopted in the same |
| 54 | legislative session or an extension thereof and becomes law. |