HB 1761CS


1The Committee on State Administration recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to public records exemptions; creating s.
7409.25660, F.S.; exempting from public records
8requirements certain records obtained by the Department of
9Revenue under an insurance claim data exchange system;
10providing for expiration of the exemption; providing for
11future legislative review; providing a finding of public
12necessity; providing a contingent effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Section 409.25660, Florida Statutes, is created
17to read:
18     409.25660  Public records exemption for insurance claim
19data exchange information.--
20     (1)  Information obtained by the Department of Revenue
21pursuant to s. 409.25659 is confidential and exempt from s.
22119.07(1) and s. 24(a), Art. I of the State Constitution, until
23such time as the department determines whether a match exists.
24If a match exists, then such information becomes available for
25public disclosure. If a match does not exist, the nonmatch
26information shall be destroyed as provided in s. 409.25659.
27     (2)  This section is subject to the Open Government Sunset
28Review Act of 1995 in accordance with s. 119.15, and shall stand
29repealed on October 2, 2009, unless reviewed and saved from
30repeal through reenactment by the Legislature.
31     Section 2.  The Legislature finds that it is a public
32necessity that insurance claims information obtained by the
33Department of Revenue pursuant to s. 409.25659, Florida
34Statutes, be made confidential and exempt until such time as the
35department determines whether a match is made with regards to a
36person who owes child support. Such information regarding those
37persons who do not receive a match is personal and of a private
38nature. Gathering and maintaining personal information on
39persons for purposes of child support enforcement, when such
40persons do not owe child support, could be considered an
41intrusion into the right of one's privacy, especially since
42those persons are unaware that government has collected such
43information. If such information is not made confidential and
44exempt until the time specified, then the effective and
45efficient administration of the insurance claim data exchange
46program could be jeopardized. Insurers might be less likely to
47provide the department with information regarding insurance
48claims if the insurer believes such information will be made
49available for public disclosure. Finally, public oversight of
50such program is not hindered in that the public has access to
51all information regarding persons receiving a match.
52     Section 3.  This act shall take effect upon becoming a law
53if HB 1759 or similar legislation is adopted in the same
54legislative session or an extension thereof and becomes law.

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

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