Senate Bill sb2826er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2826
1
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.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
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27 shall stand repealed on October 2, 2009, unless reviewed and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
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature CS for CS for SB 2826
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.
22
23
24
25
26
27
28
29
30
31
2
CODING: Words stricken are deletions; words underlined are additions.