Florida Senate - 2012                                    SB 1230
       
       
       
       By the Committee on Banking and Insurance
       
       
       
       
       597-01560A-12                                         20121230__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 624.23, F.S., relating
    4         to a public records exemption for certain records from
    5         consumer complaints and inquiries regarding matters or
    6         activities regulated under the Florida Insurance Code
    7         or Workers’ Compensation Employee Assistance and
    8         Ombudsman Office; saving the exemption from repeal
    9         under the Open Government Sunset Review Act; deleting
   10         a provision providing for the repeal of the exemption;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 624.23, Florida Statutes, is amended to
   16  read:
   17         624.23 Public records exemption.—
   18         (1) As used in this section, the term:
   19         (a) “Consumer” means:
   20         1. A prospective purchaser, purchaser, or beneficiary of,
   21  or applicant for, any product or service regulated under the
   22  Florida Insurance Code, and a family member or dependent of a
   23  consumer.
   24         2. An employee seeking assistance from the Employee
   25  Assistance and Ombudsman Office under s. 440.191.
   26         (b) “Personal financial and health information” means:
   27         1. A consumer’s personal health condition, disease, or
   28  injury;
   29         2. The existence, nature, source, or amount of a consumer’s
   30  personal income or expenses;
   31         3. Records of or relating to a consumer’s personal
   32  financial transactions of any kind;
   33         4. The existence, identification, nature, or value of a
   34  consumer’s assets, liabilities, or net worth;
   35         5. A history of a consumer’s personal medical diagnosis or
   36  treatment;
   37         6. The existence or content or any individual coverage or
   38  status under a consumer’s beneficial interest in any insurance
   39  policy or annuity contract; or
   40         7. The existence, identification, nature, or value of a
   41  consumer’s interest in any insurance policy, annuity contract,
   42  or trust.
   43         (2) Personal financial and health information held by the
   44  department or office relating to a consumer’s complaint or
   45  inquiry regarding a matter or activity regulated under the
   46  Florida Insurance Code or s. 440.191 are confidential and exempt
   47  from s. 119.07(1) and s. 24(a), Art. I of the State
   48  Constitution. This exemption applies to personal financial and
   49  health information held by the department or office before, on,
   50  or after the effective date of this exemption.
   51         (3) Such confidential and exempt information may be
   52  disclosed to:
   53         (a) Another governmental entity, if disclosure is necessary
   54  for the receiving entity to perform its duties and
   55  responsibilities; and
   56         (b) The National Association of Insurance Commissioners.
   57         (4) This section is subject to the Open Government Sunset
   58  Review Act in accordance with s. 119.15 and shall stand repealed
   59  on October 2, 2012, unless reviewed and saved from repeal
   60  through reenactment by the Legislature.
   61         Section 2. This act shall take effect October 1, 2012.