Bill Text: FL S1230 | 2012 | Regular Session | Comm Sub

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Bill Title: OGSR/Public Records Exemption/Consumer Complaints and Inquiries

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to HB 7107 -SJ 877 [S1230 Detail]

Download: Florida-2012-S1230-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1230
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Banking and Insurance
       
       
       
       585-03565-12                                          20121230c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 624.23, F.S., which
    4         provides a public records exemption for certain
    5         records relating to consumer complaints and inquiries
    6         regarding matters or activities regulated under the
    7         Florida Insurance Code or the Employee Assistance and
    8         Ombudsman Office within the Department of Financial
    9         Services; reorganizing the definition of “consumer”;
   10         providing exceptions to the exemption; eliminating the
   11         scheduled repeal of the exemption under the Open
   12         Government Sunset Review Act; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 624.23, Florida Statutes, is amended to
   18  read:
   19         624.23 Public records exemption.—
   20         (1) As used in this section, the term:
   21         (a) “Consumer” means:
   22         1. A prospective purchaser, purchaser, or beneficiary of,
   23  or applicant for, any product or service regulated under the
   24  Florida Insurance Code, and a family member or dependent of a
   25  consumer.
   26         2. An employee seeking assistance from the Employee
   27  Assistance and Ombudsman Office under s. 440.191.
   28         (b) “Personal financial and health information” means:
   29         1. A consumer’s personal health condition, disease, or
   30  injury;
   31         2. A history of a consumer’s personal medical diagnosis or
   32  treatment;
   33         3.2. The existence, nature, source, or amount of a
   34  consumer’s personal income or expenses;
   35         4.3. Records of or relating to a consumer’s personal
   36  financial transactions of any kind;
   37         5.4. The existence, identification, nature, or value of a
   38  consumer’s assets, liabilities, or net worth;
   39         5. A history of a consumer’s personal medical diagnosis or
   40  treatment;
   41         6. The existence or content of, or any individual coverage
   42  or status under a consumer’s beneficial interest in, any
   43  insurance policy or annuity contract; or
   44         7. The existence, identification, nature, or value of a
   45  consumer’s interest in any insurance policy, annuity contract,
   46  or trust.
   47         (2) Personal financial and health information held by the
   48  department or office relating to a consumer’s complaint or
   49  inquiry regarding a matter or activity regulated under the
   50  Florida Insurance Code or s. 440.191 are confidential and exempt
   51  from s. 119.07(1) and s. 24(a), Art. I of the State
   52  Constitution. This exemption applies to personal financial and
   53  health information held by the department or office before, on,
   54  or after the effective date of this exemption.
   55         (3) Such confidential and exempt information may be
   56  disclosed to:
   57         (a) Another governmental entity, if disclosure is necessary
   58  for the receiving entity to perform its duties and
   59  responsibilities.; and
   60         (b) The National Association of Insurance Commissioners.
   61         (c) The consumer or the consumer’s legally authorized
   62  representative.
   63         (4) This section is subject to the Open Government Sunset
   64  Review Act in accordance with s. 119.15 and shall stand repealed
   65  on October 2, 2012, unless reviewed and saved from repeal
   66  through reenactment by the Legislature.
   67         Section 2. This act shall take effect October 1, 2012.