Florida Senate - 2015                                     SB 646
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       30-01014-15                                            2015646__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         1009.987, F.S.; providing an exemption from public
    4         records requirements for certain personal financial
    5         and health information held by the Florida Prepaid
    6         College Board, Florida ABLE, Inc., the Florida ABLE
    7         program, or an agent or service provider thereof;
    8         authorizing the release of such information under
    9         specified circumstances; providing for future
   10         legislative review and repeal of the exemption;
   11         providing a statement of public necessity; providing a
   12         contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 1009.987, Florida Statutes, is created
   17  to read:
   18         1009.987 Public records exemption.—
   19         (1) As used in this section, the term:
   20         (a) “Consumer” means a party to a participation agreement.
   21         (b) “Personal financial and health information” means:
   22         1. A consumer’s personal health condition, disease, injury,
   23  or medical diagnosis or treatment;
   24         2. The existence, nature, source, or amount of a consumer’s
   25  personal income or expenses;
   26         3. Records of or relating to a consumer’s personal
   27  financial transactions of any kind; or
   28         4. The existence, identification, nature, or value of a
   29  consumer’s assets, liabilities, or net worth.
   30         (2) The personal financial and health information of a
   31  consumer held by the board, Florida ABLE, Inc., the Florida ABLE
   32  program, or an agent or service provider thereof, relating to an
   33  ABLE account or a participation agreement or any information
   34  that would identify a consumer is confidential and exempt from
   35  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   36         (3) The board or Florida ABLE, Inc., may authorize the
   37  disclosure of information made confidential and exempt under
   38  subsection (2) to another state or federal government entity if
   39  disclosure is necessary for the receiving entity to perform its
   40  duties or responsibilities or to verify the eligibility of an
   41  eligible individual or authorize the use of an ABLE account.
   42         (4) This section is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2020, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         Section 2. The Legislature finds that it is a public
   47  necessity to protect a consumer’s personal financial and health
   48  information. Disclosure of sensitive financial information held
   49  for a consumer under the Florida ABLE program would create the
   50  opportunity for theft, identity theft, fraud, and other illegal
   51  activity, thereby jeopardizing the financial security of the
   52  consumer and placing him or her at risk for substantial
   53  financial harm. Further, each person has a reasonable
   54  expectation of and a right to privacy in all matters concerning
   55  personal financial interests. The Legislature further finds that
   56  it is a public necessity to protect a consumer’s personal health
   57  information because such information is traditionally a private
   58  and confidential matter between the patient and health care
   59  provider. The private and confidential nature of personal health
   60  matters pervades both the public and private health care
   61  sectors, and public disclosure of such personal health
   62  information held for a consumer under the Florida ABLE program
   63  could negatively affect a person’s business and personal
   64  relationships and cause detrimental financial consequences.
   65         Section 3. This act shall take effect on the same date that
   66  SB __ or similar legislation takes effect, if such legislation
   67  is adopted in the same legislative session or an extension
   68  thereof and becomes a law.