August 07, 2020
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HB 1761

1
A bill to be entitled
2An act relating to public records exemptions; exempting
3from public records requirements certain records obtained
4by the Department of Revenue under an insurance claim data
5exchange system; providing for future legislative review
6and repeal; providing a finding of public necessity;
7providing a contingent effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Records obtained by the Department of Revenue
12pursuant to s. 409.25659, Florida Statutes, are confidential and
13exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I
14of the State Constitution. However, such records may be
15disclosed only for the purpose of locating an individual or
16establishing, modifying, or enforcing a support obligation.
17     Section 2.  This section is subject to the Open Government
18Sunset Review Act of 1995 in accordance with s. 119.15, Florida
19Statutes, and shall stand repealed on October 2, 2009, unless
20reviewed and saved from repeal through reenactment by the
21Legislature.
22     Section 3.  The Legislature finds it is a public necessity
23that insurance claims information reported to the Department of
24Revenue under s. 409.25659, Florida Statutes, be held
25confidential and exempt from disclosure as a public record
26because the information is personal and of a private nature, and
27disclosure could create the opportunity for identity theft,
28fraudulent activity concerning a claim, unauthorized
29solicitations by attorneys, unauthorized practice of law, and
30unfair competition by revealing industry claims experience, and
31confidentiality promotes insurer compliance by protecting
32confidential insurer and consumer information.
33     Section 4.  This act shall take effect upon becoming a law
34if HB 1759 or similar legislation is adopted in the same
35legislative session or an extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.
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