February 24, 2020
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Senate Bill 2826

Senate Bill sb2826

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2826

    By Senator Lynn





    7-1805B-04

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         409.25661, F.S.; creating an exemption from

  4         public-records requirements for information

  5         obtained by the Department of Revenue from

  6         insurers and pari-mutuel facilities under

  7         specified circumstances; providing for

  8         exceptions to the exemption; providing for

  9         future legislative review and repeal; providing

10         findings of public necessity; providing a

11         contingent effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 409.25661, Florida Statutes, is

16  created to read:

17         409.25661  Public-record exemption for insurance claims

18  data exchange and pari-mutuel facilities' information.--

19         (1)  The information obtained by the Department of

20  Revenue from insurers under s. 409.25659 is confidential and

21  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

22  Constitution. However, the information may be disclosed for

23  the purpose of locating a noncustodial parent who has a child

24  support obligation or for establishing, modifying, or

25  enforcing a child support obligation.

26         (2)  The name, address, and social security number of

27  each pari-mutuel winner obtained by the Department of Revenue

28  from pari-mutuel facilities under s. 409.25662 is confidential

29  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

30  Constitution. However, the information may be disclosed for

31  the purpose of locating a noncustodial parent who has a child

                                  1

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






    Florida Senate - 2004                                  SB 2826
    7-1805B-04




 1  support obligation or for establishing, modifying, or

 2  enforcing a child support obligation.

 3         Section 2.  Section 409.25661, Florida Statutes, is

 4  subject to the Open Government Sunset Review Act of 1995 in

 5  accordance with section 119.15, Florida Statutes, and shall

 6  stand repealed on October 2, 2009, unless reviewed and saved

 7  from repeal through reenactment by the Legislature.

 8         Section 3.  The Legislature finds it is a public

 9  necessity that insurance claims information reported to the

10  Department of Revenue under section 409.25659, Florida

11  Statutes, be held confidential and exempt from disclosure as a

12  public record because the information is personal and of a

13  private nature. Disclosure of this information could create

14  the opportunity for identity theft, fraudulent activity

15  concerning a claim, unauthorized solicitations by attorneys,

16  unauthorized practice of law, and unfair competition by

17  revealing industry claims experience. In addition, providing

18  for the confidentiality of this information promotes insurer

19  compliance with the requirements in section 409.25659, Florida

20  Statutes, to report this information to the Department of

21  Revenue by protecting confidential insurer and consumer

22  information. The Legislature also finds it is a public

23  necessity that the name, address, and social security number

24  of each pari-mutuel winner which is reported to the Department

25  of Revenue under section 409.25662, Florida Statutes, by a

26  pari-mutuel facility be held confidential and exempt from

27  disclosure as a public record because the information is

28  personal and of a private nature. Disclosure of this

29  information, which is sensitive to the noncustodial parent,

30  could be obtained and used for identity theft. In addition,

31  providing for the confidentiality of and an exemption from

                                  2

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






    Florida Senate - 2004                                  SB 2826
    7-1805B-04




 1  public disclosure for this information promotes compliance by

 2  a pari-mutuel facility with the requirements in section

 3  409.25662, Florida Statutes, to report this information to the

 4  Department of Revenue.

 5         Section 4.  This act shall take effect on the same date

 6  that SB 160 or similar legislation takes effect, if such

 7  legislation is adopted in the same legislative session or an

 8  extension thereof and becomes law.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Creates an exemption from public-records requirements for
      information obtained by the Department of Revenue from
13    insurers and pari-mutuel facilities under specified
      circumstances. Provides exceptions to the exemption.
14    Provides for future legislative review and repeal under
      the Open Government Sunset Review Act of 1995. Provides
15    findings of public necessity. (See bill for details.)

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

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