Senate Bill sb0238

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    Florida Senate - 2002                                   SB 238

    By the Committee on Banking and Insurance; and Senator
    Holzendorf




    311-243A-02

  1                      A bill to be entitled

  2         An act relating to public-records and

  3         public-meeting exemptions relating to certain

  4         risk-based capital information; amending s.

  5         624.40851, F.S.; making technical and

  6         conforming changes; abrogating future

  7         legislative review and repeal of the

  8         exemptions; providing an effective date.

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

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12         Section 1.  Section 624.40851, Florida Statutes, is

13  amended to read:

14         624.40851  Confidentiality of risk-based capital

15  information.--

16         (1)  The initial risk-based capital report made,

17  furnished, or filed with the Department of Insurance, any

18  risk-based capital plan, revised risk-based capital plan,

19  adjusted risk-based capital report, and working papers and

20  reports of examination or analysis of an insurer performed

21  pursuant to a plan or corrective order, or regulatory action

22  level, subsequently filed at the request of the department,

23  with respect to any domestic insurer or foreign insurer, and

24  transcripts of hearings conducted pursuant to this section,

25  are confidential and exempt from s. 119.07(1) and s. 24(a),

26  Art. I of the State Constitution.

27         (2)  Proceedings and hearings conducted pursuant to s.

28  624.4085 section 1 of SB 620, section 1 of HB 1943, or section

29  1 of SB 898 relating to the department's actions regarding any

30  insurer's risk-based capital plan, revised risk-based capital

31  plan, risk-based capital report or adjusted risk-based capital

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    Florida Senate - 2002                                   SB 238
    311-243A-02




  1  report, are exempt from the provisions of s. 286.011 and s.

  2  24(b), Art. I of the State Constitution, except as otherwise

  3  provided in this section. All portions of such hearings or

  4  proceedings shall be recorded by a court reporter. The

  5  Department of Insurance shall open such proceedings or

  6  hearings or provide a copy of the transcript of such hearings

  7  or proceedings, or disclose the contents of notices,

  8  correspondence, reports, records, or other information to a

  9  department, agency, or instrumentality of this or another

10  state or of the United States if the department determines the

11  disclosure is necessary or proper for the enforcement of the

12  laws of the United States or of this or another state.

13         (3)  This section does not apply to proceedings,

14  hearings, notices, correspondence, reports, records, or other

15  information obtained upon the appointment of a receiver for

16  the insurer by a court of competent jurisdiction.

17         (3)(4)  An exemption The exemptions provided by this

18  section expires shall terminate:

19         (a)  One year following the conclusion of the any

20  risk-based capital plan or revised risk-based capital plan; or

21         (b)  On the date of entry of an order of seizure,

22  rehabilitation, or liquidation is entered with respect to the

23  insurer pursuant to chapter 631.

24         (5)  This section is subject to the Open Government

25  Sunset Review Act of 1995 in accordance with s. 119.15 and

26  shall stand repealed on October 2, 2002, unless reviewed and

27  saved from repeal through reenactment by the Legislature.

28         Section 2.  This act shall take effect October 1, 2002.

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    Florida Senate - 2002                                   SB 238
    311-243A-02




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  2                          SENATE SUMMARY

  3    Abrogates the repeal and legislative review of exemptions
      from the public-records and public-meetings laws which
  4    are provided with respect to risk-based capital
      information.
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