HB 7217

1
A bill to be entitled
2An act relating to public records; creating s. 627.7364,
3F.S.; creating a public records exemption for reports of
4policy cancellations, policy renewals, and the issuance of
5new policies held by the Department of Highway Safety and
6Motor Vehicles; providing an exception to the exemption;
7providing for future legislative review and repeal;
8providing a statement of public necessity; providing a
9contingent effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 627.7364, Florida Statutes, is created
14to read:
15     627.7364  Emergency care coverage; public records
16exemption.--
17     (1)  Reports of policy cancellations, policy renewals, and
18the issuance of new policies held by the Department of Highway
19Safety and Motor Vehicles are confidential and exempt from s.
20119.07(1) and s. 24(a), Art. I of the State Constitution.
21     (2)  The Department of Highway Safety and Motor Vehicles
22shall release, upon a written request by a person involved in a
23motor vehicle crash, by the person's attorney, or by a
24representative of the person's motor vehicle insurer, the name
25of the insurance company and the policy number for the policy
26covering the vehicle named by the requesting party. The written
27request must include a copy of the appropriate crash form as
28provided in s. 316.065, s. 316.066, or s. 316.068.
29     (3)  This section is subject to the Open Government Sunset
30Review Act in accordance with s. 119.15 and shall stand repealed
31on October 2, 2012, unless reviewed and saved from repeal
32through reenactment by the Legislature.
33     Section 2.  The Legislature finds that it is a public
34necessity that reports of policy cancellations, policy renewals,
35and the issuance of new policies held by the Department of
36Highway Safety and Motor Vehicles be made confidential and
37exempt from public records requirements. Such reports contain
38sensitive information regarding individuals who purchase
39insurance. In addition, such reports contain proprietary
40information concerning firms and corporations that purchase
41insurance, as well as proprietary information regarding the
42insurer. Without this exemption, sensitive information that is
43not otherwise available would be publicly available pursuant to
44a public records request. Further, the release of proprietary
45information regarding the insurer could jeopardize its market
46standing and participation and involvement in an open and free
47marketplace. Release of such information could injure the
48insurer in the marketplace by providing its competitors with
49detailed client and policy information, thereby diminishing the
50advantage that the insurer maintains over those who do not
51possess such information. As such, release of such information
52would adversely impact the insurer in the marketplace.
53     Section 3.  This act shall take effect on the same date
54that HB 7215 or similar legislation takes effect, if such
55legislation is adopted in the same legislative session or an
56extension thereof and becomes law.


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