Florida Senate - 2013 (Corrected Copy) SB 1886 By the Committee on Banking and Insurance 597-04478A-13 20131886__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 324.242, F.S.; providing a public records exemption 4 for certain information regarding bodily injury 5 liability insurance policies; providing for future 6 legislative review and repeal of the exemption for 7 information regarding certain liability insurance 8 policies under the Open Government Sunset Review Act; 9 providing a statement of public necessity; providing a 10 contingent effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 324.242, Florida Statutes, is amended to 15 read: 16 324.242 Personal injury protection and property damage 17 liability insurance policies; public records exemption.— 18 (1) The following information regarding personal injury 19 protection, bodily injury liability, and property damage 20 liability insurance policies held by the department is 21 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 22 of the State Constitution: 23 (a) Personal identifying information of an insured or 24 former insured; and 25 (b) An insurance policy number. 26 (2) Upon receipt of a written request and a copy of a crash 27 report as required under s. 316.065, s. 316.066, or s. 316.068, 28 the department shall release the policy number for a policy 29 covering a vehicle involved in a motor vehicle accident to: 30 (a) Any person involved in such accident; 31 (b) The attorney of any person involved in such accident; 32 or 33 (c) A representative of the insurer of any person involved 34 in such accident. 35 (3) This exemption applies to personal identifying 36 information of an insured or former insured and insurance policy 37 numbers held by the department before, on, or after October 11, 38 2007. 39 (4) This section is subject to the Open Government Sunset 40 Review Act in accordance with s. 119.15 and shall stand repealed 41 on October 2, 2018, unless reviewed and saved from repeal 42 through reenactment by the Legislature. 43 Section 2. The Legislature finds and declares that it is a 44 public necessity to make certain information regarding bodily 45 injury liability insurance policies held by the Department of 46 Highway Safety and Motor Vehicles confidential and exempt from 47 the requirements of s. 119.07(1), Florida Statutes, and s. 48 24(a), Article I of the State Constitution. In order to ensure 49 public safety on the roads and highways of this state, it is 50 imperative that automobile drivers be properly insured for 51 liability for bodily injury, as well as damage to real property. 52 As such, insurers are required to report to the Department of 53 Highway Safety and Motor Vehicles and verify the issuance of a 54 new policy to a driver, as well as the renewal, nonrenewal, or 55 cancellation of that policy. Such information includes the 56 personal identifying information of an insured or former insured 57 as well as the insurance policy number of the insured. If this 58 information is compiled, it could result in a customer list of 59 every insurer in the state. Customer lists contain detailed 60 client and policy information that is traditionally considered 61 proprietary business information because such lists could be 62 used by competitors to solicit customers. Consequently, the 63 release of that information could injure the insurer in the 64 marketplace by diminishing the advantage that the insurer 65 maintains over those who do not possess such information. 66 Further, public access to such information could be used to 67 perpetuate fraud against an insured and put him or her at risk 68 or to make the insured the target of uninvited solicitations 69 from other insurers or from others seeking to profit from motor 70 vehicle accidents. 71 Section 3. This act shall take effect on the same date that 72 SB ____ or similar legislation takes effect, if such legislation 73 is adopted in the same legislative session or an extension 74 thereof and becomes a law.