Senate Bill sb2826c2

    Florida Senate - 2004                    CS for CS for SB 2826

    By the Committees on Finance and Taxation; Judiciary; and
    Senator Lynn




    314-2583-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         409.25661, F.S.; exempting from public-records

  4         requirements certain records obtained by the

  5         Department of Revenue under an insurance claim

  6         data exchange system; providing for expiration

  7         of the exemption; providing for future

  8         legislative review and repeal; providing

  9         findings of public necessity; providing a

10         contingent effective date.

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

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14         Section 1.  Section 409.25661, Florida Statutes, is

15  created, to read:

16         409.25661  Public-record exemption for insurance claim

17  data exchange information.--

18         (1)  Information obtained by the Department of Revenue

19  pursuant to s. 409.25659 is confidential and exempt from s.

20  119.07(1) and s. 24(a), Art. I of the State Constitution until

21  such time as the department determines whether a match exists.

22  If a match exists, such information becomes available for

23  public disclosure. If a match does not exist, the nonmatch

24  information shall be destroyed as provided in s. 409.25659.

25         (2)  This section is subject to the Open Government

26  Sunset Review Act of 1995 in accordance with s. 119.15 and

27  shall stand repealed on October 2, 2009, unless reviewed and

28  saved from repeal through reenactment by the Legislature.

29         Section 2.  The Legislature finds it is a public

30  necessity that insurance claims information obtained by the

31  Department of Revenue pursuant to section 409.25659, Florida

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    Florida Senate - 2004                    CS for CS for SB 2826
    314-2583-04




 1  Statutes, be made confidential and exempt until such time as

 2  the department determines whether a match is made with regards

 3  to a person who owes child support. Such information regarding

 4  those persons who do not receive a match is personal and of a

 5  private nature. Gathering and maintaining personal information

 6  on persons for purposes of child support enforcement, when

 7  such persons do not owe child support, could be considered an

 8  intrusion into the right of one's privacy, especially since

 9  those persons are unaware that government has collected such

10  information. If such information is not made confidential and

11  exempt until the time specified, the effective and efficient

12  administration of the insurance claim data exchange program

13  could be jeopardized. Insurers might be less likely to provide

14  the department with information regarding insurance claims if

15  the insurer believes such information will be made available

16  for public disclosure. Finally, public oversight of such

17  program is not hindered in that the public has access to all

18  information regarding persons receiving a match.

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

20  law if SB 160 or similar legislation is adopted in the same

21  legislative session, or an extension thereof, and becomes law.

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    Florida Senate - 2004                    CS for CS for SB 2826
    314-2583-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2826

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 4  The committee substitute specifies that the public records
    exemption for insurance claim exchange information obtained by
 5  the Department of Revenue is confidential and exempt from the
    opens records law until such time as the department determines
 6  whether a match is made with regards to a person who owes
    child support. If a match exists, then such information
 7  becomes available for public disclosure.

 8  The committee substitute changes the effective date from "this
    act shall take effect on the same day that CS for CS for SB
 9  160 or similar legislation" to "this act shall take effect
    upon becoming law if SB 160 or similar legislation is
10  adopted."

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CODING: Words stricken are deletions; words underlined are additions.