1 | A bill to be entitled |
2 | An act relating to public records; creating s. 627.7364, |
3 | F.S.; creating a public records exemption for reports of |
4 | policy cancellations, policy renewals, and the issuance of |
5 | new policies held by the Department of Highway Safety and |
6 | Motor Vehicles; providing an exception to the exemption; |
7 | providing for future legislative review and repeal; |
8 | providing a statement of public necessity; providing a |
9 | contingent effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 627.7364, Florida Statutes, is created |
14 | to read: |
15 | 627.7364 Emergency care coverage; public records |
16 | exemption.-- |
17 | (1) Reports of policy cancellations, policy renewals, and |
18 | the issuance of new policies held by the Department of Highway |
19 | Safety and Motor Vehicles are confidential and exempt from s. |
20 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
21 | (2) The Department of Highway Safety and Motor Vehicles |
22 | shall release, upon a written request by a person involved in a |
23 | motor vehicle crash, by the person's attorney, or by a |
24 | representative of the person's motor vehicle insurer, the name |
25 | of the insurance company and the policy number for the policy |
26 | covering the vehicle named by the requesting party. The written |
27 | request must include a copy of the appropriate crash form as |
28 | provided in s. 316.065, s. 316.066, or s. 316.068. |
29 | (3) This section is subject to the Open Government Sunset |
30 | Review Act in accordance with s. 119.15 and shall stand repealed |
31 | on October 2, 2012, unless reviewed and saved from repeal |
32 | through reenactment by the Legislature. |
33 | Section 2. The Legislature finds that it is a public |
34 | necessity that reports of policy cancellations, policy renewals, |
35 | and the issuance of new policies held by the Department of |
36 | Highway Safety and Motor Vehicles be made confidential and |
37 | exempt from public records requirements. Such reports contain |
38 | sensitive information regarding individuals who purchase |
39 | insurance. In addition, such reports contain proprietary |
40 | information concerning firms and corporations that purchase |
41 | insurance, as well as proprietary information regarding the |
42 | insurer. Without this exemption, sensitive information that is |
43 | not otherwise available would be publicly available pursuant to |
44 | a public records request. Further, the release of proprietary |
45 | information regarding the insurer could jeopardize its market |
46 | standing and participation and involvement in an open and free |
47 | marketplace. Release of such information could injure the |
48 | insurer in the marketplace by providing its competitors with |
49 | detailed client and policy information, thereby diminishing the |
50 | advantage that the insurer maintains over those who do not |
51 | possess such information. As such, release of such information |
52 | would adversely impact the insurer in the marketplace. |
53 | Section 3. This act shall take effect on the same date |
54 | that HB 7215 or similar legislation takes effect, if such |
55 | legislation is adopted in the same legislative session or an |
56 | extension thereof and becomes law. |