Florida Senate - 2012                             CS for SB 1862
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Negron
       
       
       
       585-03564-12                                          20121862c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         626.9895, F.S., as created by CS for SB 1860;
    4         exempting from public record requirements all
    5         identifying information of a donor or prospective
    6         donor to the motor vehicle insurance fraud direct
    7         support organization of the Division of Insurance
    8         Fraud; providing for future repeal and legislative
    9         review of the exemption under the Open Government
   10         Sunset Review Act; providing a statement of public
   11         necessity; providing a contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (9) is added to section 626.9895,
   16  Florida Statutes, as created by CS for SB 1860, to read:
   17         626.9895 Motor vehicle insurance fraud direct-support
   18  organization.—
   19         (9) DONOR CONFIDENTIALITY.—
   20         (a) The identity of a donor or prospective donor to the
   21  organization who desires to remain anonymous and all other
   22  information identifying such donor or prospective donor are
   23  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   24  of the State Constitution. Such anonymity shall be maintained in
   25  the annual financial audit created pursuant to subsection (2).
   26         (b) This subsection is subject to the Open Government
   27  Sunset Review Act in accordance with s. 119.15 and shall stand
   28  repealed on October 2, 2017, unless reviewed and saved from
   29  repeal through reenactment by the Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that information identifying a donor or prospective
   32  donor to the Automobile Insurance Fraud Strike Force direct
   33  support organization of the Division of Insurance Fraud be made
   34  confidential and exempt from public records requirements if such
   35  donor or prospective donor desires to remain anonymous.
   36  Fraudulent activity in the personal injury protection insurance
   37  system in this state has reached unprecedented levels. The
   38  direct-support organization is created for the purpose of
   39  supporting efforts by the Division of Insurance Fraud to
   40  investigate, prosecute, and prevent motor vehicle insurance
   41  fraud. In order to obtain support for the organization and its
   42  mission, it is necessary to promote the raising of private funds
   43  for these anti-fraud efforts. An essential element of such
   44  support is the need to protect the identity of prospective and
   45  actual donors who desire to remain anonymous. There is a
   46  chilling effect on donations when the identity of individual
   47  donors is subject to disclosure because donors are concerned
   48  about the disclosure of sensitive personal information, which
   49  can lead to theft, including identity theft, and jeopardize the
   50  personal safety and security of such individuals. The disclosure
   51  of the identity of an entity that is a prospective or actual
   52  donor can also provide competitors in the marketplace with
   53  insights into the finances of that entity and thereby cause
   54  injury to the entity. The chilling effect on donations would, in
   55  turn, impede the efforts of the state to combat motor vehicle
   56  insurance fraud. Therefore, the Legislature finds that it is a
   57  public necessity to make confidential and exempt from public
   58  records requirements information that would identify a donor or
   59  prospective donor to the motor vehicle insurance fraud direct
   60  support organization if such donor or prospective donor wishes
   61  to remain anonymous.
   62         Section 3. This act shall take effect on the same date that
   63  CS for SB 1860 or similar legislation takes effect, if such
   64  legislation is adopted in the same legislative session, or an
   65  extension thereof, and becomes law.