Florida Senate - 2018                                    SB 7012
       
       
        
       By the Committee on Banking and Insurance
       
       
       
       
       
       597-01997-18                                          20187012__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 627.3518, F.S.,
    4         relating to an exemption from public records
    5         requirements for certain proprietary business
    6         information provided by insurers to the Citizens
    7         Property Insurance Corporation policyholder
    8         eligibility clearinghouse; removing the scheduled
    9         repeal of the exemption; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (11) of section 627.3518, Florida
   14  Statutes, is amended to read:
   15         627.3518 Citizens Property Insurance Corporation
   16  policyholder eligibility clearinghouse program.—The purpose of
   17  this section is to provide a framework for the corporation to
   18  implement a clearinghouse program by January 1, 2014.
   19         (11) Proprietary business information provided to the
   20  corporation’s clearinghouse by insurers with respect to
   21  identifying and selecting risks for an offer of coverage is
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution.
   24         (a) As used in this subsection, the term “proprietary
   25  business information” means information, regardless of form or
   26  characteristics, which is owned or controlled by an insurer and:
   27         1. Is identified by the insurer as proprietary business
   28  information and is intended to be and is treated by the insurer
   29  as private in that the disclosure of the information would cause
   30  harm to the insurer, an individual, or the company’s business
   31  operations and has not been disclosed unless disclosed pursuant
   32  to a statutory requirement, an order of a court or
   33  administrative body, or a private agreement that provides that
   34  the information will not be released to the public;
   35         2. Is not otherwise readily ascertainable or publicly
   36  available by proper means by other persons from another source
   37  in the same configuration as provided to the clearinghouse; and
   38         3. Includes, but is not limited to:
   39         a. Trade secrets.
   40         b. Information relating to competitive interests, the
   41  disclosure of which would impair the competitive business of the
   42  provider of the information.
   43  
   44  Proprietary business information may be found in underwriting
   45  criteria or instructions which are used to identify and select
   46  risks through the program for an offer of coverage and are
   47  shared with the clearinghouse to facilitate the shopping of
   48  risks with the insurer.
   49         (b) The clearinghouse may disclose confidential and exempt
   50  proprietary business information:
   51         1. If the insurer to which it pertains gives prior written
   52  consent;
   53         2. Pursuant to a court order; or
   54         3. To another state agency in this or another state or to a
   55  federal agency if the recipient agrees in writing to maintain
   56  the confidential and exempt status of the document, material, or
   57  other information and has verified in writing its legal
   58  authority to maintain such confidentiality.
   59         (c) This subsection is subject to the Open Government
   60  Sunset Review Act in accordance with s. 119.15 and shall stand
   61  repealed on October 2, 2018, unless reviewed and saved from
   62  repeal through reenactment by the Legislature.
   63         Section 2. This act shall take effect October 1, 2018.