House Bill hb0281

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    Florida House of Representatives - 2002                 HB 281

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meeting exemptions for the Department of

  4         Insurance regarding risk-based capital

  5         information; amending s. 624.40851, F.S., which

  6         provides an exemption from public records

  7         requirements for certain risk-based capital

  8         information held by the Department of Insurance

  9         and from public meeting requirements for

10         hearings conducted by the department relating

11         to actions regarding such information;

12         reenacting such exemptions and removing the

13         October 2, 2002, repeal thereof scheduled under

14         the Open Government Sunset Review Act of 1995;

15         clarifying language; providing an effective

16         date.

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

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20         Section 1.  Notwithstanding the October 2, 2002, repeal

21  of said section scheduled pursuant to the Open Government

22  Sunset Review Act of 1995, section 624.40851, Florida

23  Statutes, is reenacted and amended to read:

24         624.40851  Confidentiality of risk-based capital

25  information.--

26         (1)  The initial risk-based capital report and any

27  adjusted risk-based capital report; made, furnished, or filed

28  with the Department of Insurance, any risk-based capital plan

29  and any, revised risk-based capital plan;, adjusted risk-based

30  capital report, and working papers and reports of examination

31  or analysis of an insurer performed pursuant to a plan or

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    Florida House of Representatives - 2002                 HB 281

    688-190-02






  1  corrective order, or regulatory action level event,

  2  subsequently filed at the request of the department, with

  3  respect to any domestic insurer or foreign insurer, held by

  4  the Department of Insurance, and transcripts of hearings made

  5  as required by conducted pursuant to this section, are

  6  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

  7  of the State Constitution.

  8         (2)  Proceedings and Hearings conducted pursuant to s.

  9  624.4085 section 1 of SB 620, section 1 of HB 1943, or section

10  1 of SB 898 relating to the department's actions regarding any

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

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

13  capital report, are exempt from the provisions of s. 286.011

14  and s. 24(b), Art. I of the State Constitution, except as

15  otherwise provided in this section. All portions of Such

16  hearings or proceedings shall be recorded by a court reporter.

17  The Department of Insurance shall open such proceedings or

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

19  or information otherwise made confidential and exempt pursuant

20  to this section proceedings, or disclose the contents of

21  notices, correspondence, reports, records, or other

22  information to a department, agency, or instrumentality of

23  this or another state or of the United States if the

24  department determines the disclosure is necessary or proper

25  for the enforcement of the laws of the United States or of

26  this or another state.

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

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

29  information obtained upon the appointment of a receiver for

30  the insurer by a court of competent jurisdiction.

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    Florida House of Representatives - 2002                 HB 281

    688-190-02






  1         (3)(4)  The exemptions provided by this section shall

  2  terminate:

  3         (a)  One year following the conclusion of any

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

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

  6  rehabilitation, or liquidation pursuant to chapter 631.

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

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

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

10  saved from repeal through reenactment by the Legislature.

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

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14                          HOUSE SUMMARY

15
      Reenacts the public records exemption for certain
16    risk-based capital information held by the Department of
      Insurance and the public meeting exemption for hearings
17    conducted by the department relating to actions regarding
      such information, and removes the October 2, 2002, repeal
18    thereof scheduled under the Open Government Sunset Review
      Act of 1995.
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