Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1406 Barcode 206742 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/07/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Bogdanoff) recommended the following: 1 Senate Amendment 2 3 Delete lines 56 - 113 4 and insert: 5 Section 2. The Legislature finds that it is a public 6 necessity that proprietary business information provided to the 7 Office of Insurance Regulation by a title insurance agency or 8 insurer, including, but not limited to, trade secrets, be made 9 confidential and exempt from the requirements of s. 119.07(1), 10 Florida Statutes, and s. 24(a), Article I of the State 11 Constitution. The disclosure of information, such as revenue 12 data, loss expense data, gross receipts, the amount of taxes 13 paid, the amount of capital investment, customer identification, 14 and the amount of employee wages paid, could injure a business 15 in the marketplace by providing its competitors with detailed 16 insights into the financial status and the strategic plans of 17 the business, thereby diminishing the advantage that the 18 business maintains over competitors that do not possess such 19 information. Without this exemption, title insurance agencies 20 and title insurers, whose records are generally not required to 21 be open to the public, might refrain from providing accurate and 22 unbiased data, thus impairing the Office of Insurance 23 Regulation’s ability to set fair and adequate title insurance 24 rates. Proprietary business information derives actual or 25 potential independent economic value from not being generally 26 known to, and not being readily ascertainable by proper means 27 by, other persons who can derive economic value from its 28 disclosure or use. The Office of Insurance Regulation, in 29 performing its lawful duties and responsibilities, may need to 30 obtain information from the proprietary business information. 31 Without an exemption from public records requirements for 32 proprietary business information provided to the Office of 33 Insurance Regulation, such information becomes a public record 34 when received and must be divulged upon request. Divulgence of 35 any proprietary business information under the public records 36 law would destroy the value of that property to the proprietor, 37 causing a financial loss not only to the proprietor but also to 38 the residents of this state due to the loss of reliable 39 financial data necessary for fair and adequate rate regulation. 40 Release of proprietary business information would give business 41 competitors an unfair advantage and weaken the position in the 42 marketplace of the proprietor that owns or controls the 43 proprietary business information. The harm to businesses in the 44 marketplace and to the effective administration of the 45 ratemaking function caused by the public disclosure of such 46 information far outweighs the public benefits derived from its 47 release. In addition, the confidentiality provided by this act 48 does not preclude the reporting of statistics in the aggregate 49 concerning the collection of data, as well as the names of the 50 title insurance agencies and title insurers participating in the 51 data collection. Such aggregate reported data is available to 52 the public and is important to an assessment of the setting of 53 title insurance premiums. Thus, the Legislature declares that it 54 is a public necessity that proprietary business information of 55 title insurers and title insurance agencies provided to the 56 Office of Insurance Regulation be made confidential and exempt 57 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of 58 the State Constitution.