Senate Bill sb0238c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 238
By the Committee on Banking and Insurance; and Senator
Holzendorf
311-744-02
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.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
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 and any
17 adjusted risk-based capital report, made, furnished, or filed
18 with the Department of Insurance, any risk-based capital plan,
19 and any revised risk-based capital plan, adjusted risk-based
20 capital report, and working papers and reports of examination
21 or analysis of an insurer performed pursuant to a plan or
22 corrective order, or regulatory action level event,
23 subsequently filed at the request of the department, with
24 respect to any domestic insurer or foreign insurer, held by
25 the department, and transcripts of hearings made as required
26 by conducted pursuant to this section, are confidential and
27 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
28 Constitution.
29 (2) Proceedings and hearings conducted pursuant to s.
30 624.4085 section 1 of SB 620, section 1 of HB 1943, or section
31 1 of SB 898 relating to the department's actions regarding any
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 238
311-744-02
1 insurer's risk-based capital plan, revised risk-based capital
2 plan, risk-based capital report, or adjusted risk-based
3 capital report, are exempt from the provisions of s. 286.011
4 and s. 24(b), Art. I of the State Constitution, except as
5 otherwise provided in this section. All portions of Such
6 hearings or proceedings shall be recorded by a court reporter.
7 The department of Insurance shall open such proceedings or
8 hearings or provide a copy of the transcript of such hearings
9 or proceedings, or disclose the contents of notices,
10 correspondence, reports, records, or other information
11 otherwise made confidential and exempt pursuant to this
12 section to a department, agency, or instrumentality of this or
13 another state or of the United States if the department
14 determines the disclosure is necessary or proper for the
15 enforcement of the laws of the United States or of this or
16 another state.
17 (3) This section does not apply to proceedings,
18 hearings, notices, correspondence, reports, records, or other
19 information obtained upon the appointment of a receiver for
20 the insurer by a court of competent jurisdiction.
21 (3)(4) An exemption The exemptions provided by this
22 section expires shall terminate:
23 (a) One year following the conclusion of the any
24 risk-based capital plan or revised risk-based capital plan; or
25 (b) On the date of entry of an order of seizure,
26 rehabilitation, or liquidation is entered with respect to the
27 insurer pursuant to chapter 631.
28 (5) This section is subject to the Open Government
29 Sunset Review Act of 1995 in accordance with s. 119.15 and
30 shall stand repealed on October 2, 2002, unless reviewed and
31 saved from repeal through reenactment by the Legislature.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 238
311-744-02
1 Section 2. This act shall take effect October 1, 2002.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 238
5
6 The committee substitute provides technical, conforming
changes to reenact the public records exemption for certain
7 risk-based capital information.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.