Senate Bill sb2826
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    Florida Senate - 2004                                  SB 2826
    By Senator Lynn
    7-1805B-04
  1                      A bill to be entitled
  2         An act relating to public records; creating s.
  3         409.25661, F.S.; creating an exemption from
  4         public-records requirements for information
  5         obtained by the Department of Revenue from
  6         insurers and pari-mutuel facilities under
  7         specified circumstances; providing for
  8         exceptions to the exemption; providing for
  9         future legislative review and repeal; providing
10         findings of public necessity; providing a
11         contingent effective date.
12  
13  Be It Enacted by the Legislature of the State of Florida:
14  
15         Section 1.  Section 409.25661, Florida Statutes, is
16  created to read:
17         409.25661  Public-record exemption for insurance claims
18  data exchange and pari-mutuel facilities' information.--
19         (1)  The information obtained by the Department of
20  Revenue from insurers under s. 409.25659 is confidential and
21  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
22  Constitution. However, the information may be disclosed for
23  the purpose of locating a noncustodial parent who has a child
24  support obligation or for establishing, modifying, or
25  enforcing a child support obligation.
26         (2)  The name, address, and social security number of
27  each pari-mutuel winner obtained by the Department of Revenue
28  from pari-mutuel facilities under s. 409.25662 is confidential
29  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
30  Constitution. However, the information may be disclosed for
31  the purpose of locating a noncustodial parent who has a child
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2826
    7-1805B-04
 1  support obligation or for establishing, modifying, or
 2  enforcing a child support obligation.
 3         Section 2.  Section 409.25661, Florida Statutes, is
 4  subject to the Open Government Sunset Review Act of 1995 in
 5  accordance with section 119.15, Florida Statutes, and shall
 6  stand repealed on October 2, 2009, unless reviewed and saved
 7  from repeal through reenactment by the Legislature.
 8         Section 3.  The Legislature finds it is a public
 9  necessity that insurance claims information reported to the
10  Department of Revenue under section 409.25659, Florida
11  Statutes, be held confidential and exempt from disclosure as a
12  public record because the information is personal and of a
13  private nature. Disclosure of this information could create
14  the opportunity for identity theft, fraudulent activity
15  concerning a claim, unauthorized solicitations by attorneys,
16  unauthorized practice of law, and unfair competition by
17  revealing industry claims experience. In addition, providing
18  for the confidentiality of this information promotes insurer
19  compliance with the requirements in section 409.25659, Florida
20  Statutes, to report this information to the Department of
21  Revenue by protecting confidential insurer and consumer
22  information. The Legislature also finds it is a public
23  necessity that the name, address, and social security number
24  of each pari-mutuel winner which is reported to the Department
25  of Revenue under section 409.25662, Florida Statutes, by a
26  pari-mutuel facility be held confidential and exempt from
27  disclosure as a public record because the information is
28  personal and of a private nature. Disclosure of this
29  information, which is sensitive to the noncustodial parent,
30  could be obtained and used for identity theft. In addition,
31  providing for the confidentiality of and an exemption from
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    Florida Senate - 2004                                  SB 2826
    7-1805B-04
 1  public disclosure for this information promotes compliance by
 2  a pari-mutuel facility with the requirements in section
 3  409.25662, Florida Statutes, to report this information to the
 4  Department of Revenue.
 5         Section 4.  This act shall take effect on the same date
 6  that SB 160 or similar legislation takes effect, if such
 7  legislation is adopted in the same legislative session or an
 8  extension thereof and becomes law.
 9  
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11                          SENATE SUMMARY
12    Creates an exemption from public-records requirements for
      information obtained by the Department of Revenue from
13    insurers and pari-mutuel facilities under specified
      circumstances. Provides exceptions to the exemption.
14    Provides for future legislative review and repeal under
      the Open Government Sunset Review Act of 1995. Provides
15    findings of public necessity. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.