(1) As used in this section, the term “proprietary business information” means information that: (a) Is owned or controlled by a title insurance agency or insurer requesting confidentiality under this section; (b) Is intended to be and is treated by the title insurance agency or insurer as private in that the disclosure of the information would cause harm to the business operations of the title insurance agency or insurer; (c) Has not been publicly disclosed; and (d) Concerns: 1. Business plans; 2. Internal auditing controls and reports of internal auditors; 3. Reports of external auditors for privately held companies; 4. Trade secrets, as defined in s. 688.002; or 5. Financial information, including revenue data, loss expense data, gross receipts, taxes paid, capital investment, and employee wages. (2) Proprietary business information provided to the office by a title insurance agency or insurer is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such information is otherwise publicly available or is no longer treated by the title insurance agency or insurer as proprietary business information. However, information provided by multiple title insurance agencies and insurers may be aggregated on an industrywide basis and disclosed to the public as long as the specific identities of the agencies or insurers are not revealed.
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