Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. SB 1850
       
       
       
       
       
       
                                Barcode 565296                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             04/24/2013 11:40 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Simmons moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 20 - 51
    4  and insert:
    5         (10) Proprietary business information provided to the
    6  corporation’s clearinghouse by insurers with respect to
    7  identifying and selecting risks for an offer of coverage is
    8  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
    9  of the State Constitution.
   10         (a) As used in this subsection, the term “proprietary
   11  business information” means information, regardless of form or
   12  characteristics, which is owned or controlled by an insurer and:
   13         1. Is identified by the insurer as proprietary business
   14  information and is intended to be and is treated by the insurer
   15  as private in that the disclosure of the information would cause
   16  harm to the insurer, an individual, or the company’s business
   17  operations and has not been disclosed unless disclosed pursuant
   18  to a statutory requirement, an order of a court or
   19  administrative body, or a private agreement that provides that
   20  the information will not be released to the public;
   21         2. Is not otherwise readily ascertainable or publicly
   22  available by proper means by other persons from another source
   23  in the same configuration as provided to the clearinghouse; and
   24         3. Includes, but is not limited to:
   25         a. Trade secrets.
   26         b. Information relating to competitive interests, the
   27  disclosure of which would impair the competitive business of the
   28  provider of the information.
   29  
   30  Proprietary business information may be found in underwriting
   31  criteria or instructions which are used to identify and select
   32  risks through the program for an offer of coverage and are
   33  shared with the clearinghouse to facilitate the shopping of
   34  risks with the insurer.
   35         (b) The clearinghouse may disclose confidential and exempt
   36  proprietary business information:
   37         1. If the insurer to which it pertains gives prior written
   38  consent;
   39         2. Pursuant to a court order; or
   40         3. To another state agency in this or another state or to a
   41  federal agency if the recipient agrees in writing to maintain
   42  the confidential and exempt status of the document, material, or
   43  other information and has verified in writing its legal
   44  authority to maintain such confidentiality.
   45         (c) This subsection is subject to the Open Government
   46  Sunset Review Act in accordance with s. 119.15 and shall stand
   47  repealed on October 2, 2018, unless reviewed and saved from
   48  repeal through reenactment by the Legislature.
   49         Section 2. The Legislature finds that it is a public
   50  necessity that all proprietary business information provided by
   51  an insurer to Citizens Property Insurance Corporation’s
   52  clearinghouse which is used to identify and select risks from
   53  the clearinghouse be made confidential and exempt from s.
   54  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   55  State Constitution. The diversion program will facilitate
   56  obtaining offers of coverage from authorized insurers for new
   57  applicants for insurance coverage with the corporation and for
   58  policyholders seeking to renew existing insurance coverage with
   59  the corporation. Obtaining offers of coverage from authorized
   60  insurers through the clearinghouse will provide more choices for
   61  consumers and reduce the corporation’s exposure and potential
   62  for imposing assessments on its policyholders and policyholders
   63  in the private market. In order for the program to efficiently
   64  determine whether there are authorized insurers interested in
   65  making an offer of coverage for a particular risk, a substantial
   66  amount of detailed data from participating insurers must be
   67  provided to the program. Public disclosure of the detailed data
   68  could result in a substantial chilling effect on insurer
   69  participation in the program and thereby undermine the program’s
   70  success. Therefore, the Legislature declares that it is a public
   71  necessity that all proprietary business information provided by
   72  an insurer to Citizens Property Insurance Corporation’s
   73  clearinghouse which is used to identify and select risks from
   74  the clearinghouse be made confidential and exempt from public
   75  record requirements.
   76  
   77  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   78         And the directory clause is amended as follows:
   79         Delete line 15
   80  and insert:
   81         Section 1. Subsection (10) is added to section 627.3518,
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete lines 4 - 9
   86  and insert:
   87         records requirements for all proprietary business
   88         information submitted by an insurer to the Citizens
   89         Property Insurance Corporation’s clearinghouse;
   90         providing a definition; providing exemption; providing
   91         for future