Florida Senate - 2026                                     SB 582
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00980-26                                             2026582__
    1                        A bill to be entitled                      
    2         An act relating to required reports of the Office of
    3         Insurance Regulation; amending s. 624.315, F.S.;
    4         providing legislative findings; requiring the office
    5         to create specified reports on insurers, licensees,
    6         registrants, and their related entities, including the
    7         compensation of their executive officers; specifying
    8         requirements for such reports; requiring the office to
    9         publish the reports annually on its website and submit
   10         the reports annually to specified entities; requiring
   11         the office to use a reliable and up-to-date
   12         methodology and software to create specified reports
   13         and review such methodology and software for accuracy;
   14         specifying that certain data are not considered trade
   15         secrets and may be used for certain purposes;
   16         prohibiting insurers from withholding certain data
   17         from the office on certain grounds; amending s.
   18         627.062, F.S.; revising the facts the office must
   19         consider in determining whether a rate is excessive,
   20         inadequate, or unfairly discriminatory; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Present paragraph (c) of subsection (4) of
   26  section 624.315, Florida Statutes, is redesignated as paragraph
   27  (d), and a new paragraph (c) is added to that subsection, to
   28  read:
   29         624.315 Annual reports; quarterly reports.—
   30         (4)
   31         (c)1. The Legislature finds that the state has a strong and
   32  legitimate financial interest in the health and performance of
   33  the property and casualty insurance market. Further, the costs
   34  of property insurance may have a strong impact on the
   35  performance of Florida’s housing market, to the benefit or
   36  detriment of Florida residents. Therefore, it is in the interest
   37  of Floridians that the office collect and analyze data regarding
   38  market conduct and performance.
   39         2.The office shall create a report that, for each insurer,
   40  licensee, or registrant, provides a list of related entities,
   41  including, but not limited to, subsidiaries, management
   42  companies, captive vendors, and reinsurers which share common
   43  executive officers, directors, or offices or at least 10 percent
   44  common ownership with the insurer, licensee, or registrant. The
   45  report must also detail the financial relationship between the
   46  entities. The office shall publish the report on its website and
   47  submit it to the commission, the President of the Senate, the
   48  Speaker of the House of Representatives, and the legislative
   49  committees with jurisdiction over matters of insurance on or
   50  before January 31 of each year.
   51         3.The office shall create a report detailing the
   52  compensation of executive officers for each insurer, licensee,
   53  or registrant, including, but not limited to, salaries,
   54  benefits, stock options, bonuses, stock buybacks, and other
   55  taxable payments, expressed both as dollar amounts and as a
   56  percentage of the entity’s total revenue. The report must
   57  include the profits and losses of each entity as reported in its
   58  financial statements and highlight any compensation exceeding
   59  the industry average. The office shall also include in the
   60  report any rationale provided by the insurer justifying
   61  compensation exceeding the industry average. The office shall
   62  publish the report on its website and submit it to the
   63  commission, the President of the Senate, the Speaker of the
   64  House of Representatives, and the legislative committees with
   65  jurisdiction over matters of insurance on or before January 31
   66  of each year.
   67         4.To create the reports required under subparagraphs 2.
   68  and 3., the office shall use a reliable and up-to-date
   69  methodology and software and shall routinely review such
   70  methodology and software for accuracy.
   71         5.Any data provided by insurers to the office under this
   72  paragraph are not considered trade secrets under s. 812.081, and
   73  the office may use such data for market analysis, financial
   74  assessments, rate-setting, and compliance reviews. Insurers may
   75  not withhold any financial or other data requested by the office
   76  under this paragraph as being business sensitive or trade
   77  secrets.
   78         Section 2. Paragraph (b) of subsection (2) of section
   79  627.062, Florida Statutes, is amended to read:
   80         627.062 Rate standards.—
   81         (2) As to all such classes of insurance:
   82         (b) Upon receiving a rate filing, the office shall review
   83  the filing to determine whether if a rate is excessive,
   84  inadequate, or unfairly discriminatory. In making that
   85  determination, the office shall, in accordance with generally
   86  accepted and reasonable actuarial techniques, consider the
   87  following factors:
   88         1. Past and prospective loss experience within and without
   89  this state.
   90         2. Past and prospective expenses.
   91         3. The degree of competition among insurers for the risk
   92  insured.
   93         4. Investment income reasonably expected by the insurer,
   94  consistent with the insurer’s investment practices, from
   95  investable premiums anticipated in the filing, plus any other
   96  expected income from currently invested assets representing the
   97  amount expected on unearned premium reserves and loss reserves.
   98  The commission may adopt rules using reasonable techniques of
   99  actuarial science and economics to specify the manner in which
  100  insurers calculate investment income attributable to classes of
  101  insurance written in this state and the manner in which
  102  investment income is used to calculate insurance rates. Such
  103  manner must contemplate allowances for an underwriting profit
  104  factor and full consideration of investment income that produces
  105  a reasonable rate of return; however, investment income from
  106  invested surplus may not be considered.
  107         5. The reasonableness of the judgment reflected in the
  108  filing.
  109         6. Dividends, savings, or unabsorbed premium deposits
  110  allowed or returned to policyholders, members, or subscribers in
  111  this state.
  112         7. The adequacy of loss reserves.
  113         8. The cost of reinsurance. The office may not disapprove a
  114  rate as excessive solely due to the insurer having obtained
  115  catastrophic reinsurance to cover the insurer’s estimated 250
  116  year probable maximum loss or any lower level of loss.
  117         9. Trend factors, including trends in actual losses per
  118  insured unit for the insurer making the filing.
  119         10. Conflagration and catastrophe hazards, if applicable.
  120         11. Projected hurricane losses, if applicable, which must
  121  be estimated using a model or method found to be acceptable or
  122  reliable by the Florida Commission on Hurricane Loss Projection
  123  Methodology, and as further provided in s. 627.0628.
  124         12. Projected flood losses for personal residential
  125  property insurance, if applicable, which may be estimated using
  126  a model or method, or a straight average of model results or
  127  output ranges, independently found to be acceptable or reliable
  128  by the Florida Commission on Hurricane Loss Projection
  129  Methodology and as further provided in s. 627.0628.
  130         13. A reasonable margin for underwriting profit and
  131  contingencies.
  132         14. The cost of medical services, if applicable.
  133         15. Any report created by the office pursuant to s.
  134  624.315(4)(c)3.
  135         16. Other relevant factors that affect the frequency or
  136  severity of claims or expenses.
  137  
  138  The provisions of this subsection do not apply to workers’
  139  compensation, employer’s liability insurance, and motor vehicle
  140  insurance.
  141         Section 3. This act shall take effect July 1, 2026.