Senate Bill sb0030A
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 30-A
By Senator Garcia
40-597-05
1 A bill to be entitled
2 An act relating to public records; creating an
3 exemption from public disclosure requirements
4 for policyholder personal-identifying
5 information contained in records or information
6 held by the Department of Financial Services
7 pertaining to the multiple hurricane deductible
8 reimbursement program; providing an exception
9 to the exemption; providing for future repeal
10 and legislative review of the exemption under
11 the Open Government Sunset Review Act;
12 providing a statement of public necessity;
13 providing a contingent effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Confidentiality of information relating to
18 reimbursement for multiple hurricane deductibles.--
19 (1) Policyholder personal-identifying information
20 contained in records or information held by the Department of
21 Financial Services pursuant to the multiple hurricane
22 deductible reimbursement program created in Senate Bill 10-A
23 or House Bill 9-A is confidential and exempt from the
24 provisions of section 119.07(1), Florida Statutes, and Section
25 24(a), Article 1 of the State Constitution. Such confidential
26 and exempt information may be disclosed to another
27 governmental entity if disclosure is necessary for the
28 receiving governmental entity to perform its duties and
29 responsibilities. The receiving governmental entity must
30 maintain the confidential and exempt status of the
31 information. The information made confidential and exempt by
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 30-A
40-597-05
1 this subsection may be used in a criminal, civil, or
2 administrative proceeding so long as the confidential and
3 exempt status of such information is maintained.
4 (2) After a reimbursement payment has been made to a
5 policyholder by the Department of Financial Services under the
6 reimbursement program, the name of that individual and the
7 amount of payment is not confidential and exempt from the
8 provisions of section 119.07(1), Florida Statutes, and Section
9 24(a), Article I of the State Constitution.
10 (3) This section is subject to the Open Government
11 Sunset Review Act of 1995 in accordance with section 119.15,
12 Florida Statutes, and shall stand repealed on October 2, 2010,
13 unless reviewed and saved from repeal through reenactment by
14 the Legislature.
15 Section 2. The Legislature finds that it is a public
16 necessity that policyholder personal-identifying information
17 in records or information held by the Department of Financial
18 Services pertaining to the multiple hurricane deductible
19 reimbursement program be made confidential and exempt in order
20 to effectively and efficiently administer this "one-time"
21 governmental program. The legislative intent of this program,
22 as expressed in Senate Bill 10-A and House Bill 9-A, is to
23 reimburse policyholders in Florida for financial loss suffered
24 due to the application of multiple hurricane deductibles,
25 which constitutes a valid and necessary public and
26 governmental purpose and which serves the public health,
27 safety, and welfare. Release of a policyholder's
28 personal-identifying information, such as the name and address
29 of the claimant, is proprietary and confidential business
30 information because the availability of such information would
31 identify insurance company insureds, which is proprietary and
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 30-A
40-597-05
1 confidential business information. Without exempting
2 policyholder personal-identifying information, such
3 information is available for competitors to solicit the
4 insureds. Disclosure of such policyholder personal-identifying
5 information could also impair the ability of the department to
6 gather information that it needs to complete its examination
7 of applications for reimbursement or to determine who
8 qualifies for reimbursement, and would ultimately thwart the
9 state's interest in ensuring the integrity of the program.
10 However, the release of only the policyholder's name and the
11 amount the policyholder is reimbursed after such payment is
12 made by the department provides the public with the ability to
13 oversee the operation and integrity of the program.
14 Section 3. This act shall take effect on the same date
15 that Senate Bill 10-A or House Bill 9-A takes effect, if such
16 legislation is enacted in the same legislative session, or an
17 extension thereof, and becomes law.
18
19 *****************************************
20 SENATE SUMMARY
21 Exempts from the public-records law information that
identifies policyholders which is contained in records or
22 information held by the Department of Financial Services
and which pertains to the multiple hurricane deductible
23 reimbursement program. Provides for the name of the
policyholder and the amount reimbursed to be disclosed
24 after reimbursement is made. Provides for the future
repeal and review of the exemption under the Open
25 Government Sunset Review Act.
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.