| 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| 30 | Review Act in accordance with s. 119.15 and shall stand repealed |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. |