Banking & Insurance Committee Completes PIP Open Government Review
The Florida Senate’s Banking & Insurance Committee recently released its open government review relating to an exemption from public records law for certain information related to auto insurance policies. Florida has broad public records laws that make most information in the hands of state government available to interested members of the public. However, the Florida legislature has the authority to create exemptions from the public records law when it believes dissemination of the information would be harmful to consumers, businesses or other interests.
Public records exemptions have automatic expirations, requiring the legislature to periodically review them to determine if the exemptions are still appropriate. In the case of auto insurance, insurers must report information to the Florida Department of Highway Safety and Motor Vehicles in connection with the renewal, cancellation or nonrenewal of policies. This information contains personally identifiable information about consumers, and also reveals an insurer’s specific book of business. This information has been exempted from the public records laws under an exemption set to expire October 2, 2012. The Senate Banking & Insurance Committee therefore reviewed the exemption to assess whether the legislature should reenact it or allow it to expire.
The Banking & Insurance Committee believes the exemption should be reenacted because it remains necessary to protect consumers and a competitive auto insurance market in Florida. The committee notes that public dissemination of the information would threaten individuals personal safety. In addition, insurers would lose their competitive advantage because releasing the information in essence would result in the release of their specific books of business to the public and to competitors.
The committee correctly identifies concerns for both consumers and insurers and making its recommendation. As a result, the legislature should continue the current exemptions by reenacting them in the 2012 legislative session.