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CS/HB 1265 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records; creating s. 624.28, 2
F.S.; creating a privilege for documents, materials, 3
and other information obtained by the Commissioner of 4
Insurance Regulation or the National Association of 5
Insurance Commissioners in the course of an 6
examination or analysis; prohibiting the commissioner 7
and certain persons from testifying in certain private 8
civil actions; authorizing the commissioner to share 9
certain information under certain circumstances; 10
providing for reciprocity; providing definitions; 11
providing for future legislative review and repeal of 12
the privilege; providing a statement of public 13
necessity; amending s. 624.4212, F.S.; providing an 14
exemption from public records requirements for certain 15
proprietary business information provided to the 16
Office of Insurance Regulation by an insurer; 17
providing an exemption from public records 18
requirements for certain biographical statements, 19
biographical affidavits, and supplementary materials 20
related thereto provided to or obtained by the office; 21
providing for future legislative review and repeal of 22
the exemptions; providing statements of public 23
necessity; providing a contingent effective date. 24
25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Section 624.28, Florida Statutes, is created to 28
read: 29
624.28 Privilege for ancillary information.— 30
(1)(a) Documents, materials, or other information, 31
including, but not limited to, all work papers subject to s. 32
624.319(3)(b)1., and copies thereof, created, produced, or 33
obtained by or disclosed to the Commissioner of Insurance 34
Regulation or any other person in the course of an examination 35
made under the Florida Insurance Code, or in the course of an 36
analysis by the commissioner of the financial condition or 37
market conduct of a company, shall be privileged, shall not be 38
subject to subpoena, and shall not be subject to discovery or 39
admissible in evidence in any private civil action. The 40
commissioner may use the documents, materials, or other 41
information in the furtherance of any regulatory or legal action 42
brought as part of the commissioner's official duties. 43
(b) Documents, materials, or other information, including, 44
but not limited to, all work papers subject to s. 45
624.319(3)(b)1., and copies thereof, in the possession or 46
control of the National Association of Insurance Commissioners 47
and its affiliates and subsidiaries shall be privileged, shall 48
not be subject to subpoena, and shall not be subject to 49
discovery or admissible in evidence in any private civil action 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
if they are created, produced, or obtained by or disclosed to 51
the National Association of Insurance Commissioners and its 52
affiliates and subsidiaries in the course of assisting in an 53
examination or assisting the commissioner in the analysis of the 54
financial condition or market conduct of a company. 55
(2) The commissioner and any person who received the 56
documents, materials, or other information while acting under 57
the authority of the commissioner, including the National 58
Association of Insurance Commissioners and its affiliates and 59
subsidiaries, may not testify in any private civil action 60
concerning any privileged documents, materials, or other 61
information subject to subsection (1). 62
(3) In order to assist in the performance of his or her 63
duties, the commissioner may: 64
(a) Share documents, materials, or other information, 65
including the privileged documents, materials, or other 66
information subject to subsection (1), with other state, 67
federal, and international regulatory agencies, with the 68
National Association of Insurance Commissioners and its 69
affiliates and subsidiaries, and with state, federal, and 70
international law enforcement authorities, provided that the 71
recipient agrees to maintain the privileged status of the 72
document, material, or other information. 73
(b) Receive documents, materials, or other information, 74
including the privileged documents, materials, or other 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
information subject to subsection (1), from the National 76
Association of Insurance Commissioners and its affiliates and 77
subsidiaries, and from regulatory and law enforcement officials 78
of other foreign or domestic jurisdictions, and shall maintain 79
as confidential or privileged any document, material, or other 80
information received with notice or the understanding that it is 81
confidential or privileged under the laws of the jurisdiction 82
that is the source of the document, material, or other 83
information. 84
(4) A waiver of any applicable privilege or claim of 85
confidentiality in the documents, materials, or other 86
information may not occur as a result of disclosure to the 87
commissioner under this section or as a result of sharing as 88
authorized in subsection (3). 89
(5) A privilege established under the law of any state or 90
jurisdiction that is substantially similar to the privilege 91
established under this section shall be available and enforced 92
in any proceeding in, and in any court of, this state. 93
(6) As used in this section, the terms "Commissioner of 94
Insurance Regulation," "National Association of Insurance 95
Commissioners," "affiliates," and "subsidiaries" include, but 96
are not limited to, their employees, agents, consultants, and 97
contractors. 98
(7) This section is subject to the Open Government Sunset 99
Review Act in accordance with s. 119.15 and is repealed on 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
October 2, 2031, unless reviewed and saved from repeal through 101
reenactment by the Legislature. 102
Section 2. The Legislature finds that it is a public 103
necessity that documents, materials, and other information 104
obtained by or provided to the Office of Insurance Regulation in 105
the course of examinations, investigations, and analyses of the 106
financial condition or market conduct of insurance companies be 107
made confidential and exempt from s. 119.07(1), Florida 108
Statutes, and s. 24(a), Article I of the State Constitution. 109
This information contains sensitive proprietary business 110
information, trade secrets, and financial data that, if made 111
public, could affect the competitiveness of insurers. 112
Section 3. Paragraph (g) is added to subsection (2) of 113
section 624.4212, Florida Statutes, and subsection (6) is added 114
to that section, to read: 115
624.4212 Confidentiality of proprietary business and other 116
information.— 117
(2) Proprietary business information contained in the 118
following items held by the office is confidential and exempt 119
from s. 119.07(1) and s. 24(a), Art. I of the State 120
Constitution: 121
(g)1. The group capital calculation required under s. 122
628.8011 and information related thereto. 123
2. The liquidity stress test required under s. 628.8012 124
and information related thereto. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
126
This paragraph is subject to the Open Government Sunset Review 127
Act in accordance with s. 119.15 and is repealed on October 2, 128
2031, unless reviewed and saved from repeal through reenactment 129
by the Legislature. 130
(6) Biographical statements, biographical affidavits, or 131
supplementary materials related thereto provided to or obtained 132
by the office pursuant to the office's authorities under the 133
Florida Insurance Code are confidential and exempt from s. 134
119.07(1) and s. 24(a), Art. I of the State Constitution. This 135
exemption applies to information provided to or obtained by the 136
office before, on, or after July 1, 2026. This subsection is 137
subject to the Open Government Sunset Review Act in accordance 138
with s. 119.15 and is repealed on October 2, 2031, unless 139
reviewed and saved from repeal through reenactment by the 140
Legislature. 141
Section 4. (1) The Legislature finds that it is a public 142
necessity that proprietary business information provided to the 143
Office of Insurance Regulation by an insurer pursuant to ss. 144
628.8011 and 628.8012, Florida Statutes, be made confidential 145
and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 146
Article I of the State Constitution. This exemption is necessary 147
to allow the office to effectively regulate insurer solvency and 148
valuation without revealing trade secrets and proprietary data 149
that could impair the competitive business of the insurers. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The Legislature further finds that it is a public 151
necessity that biographical statements, biographical affidavits, 152
and supplementary materials related thereto provided to or 153
obtained by the office be made confidential and exempt from s. 154
119.07(1), Florida Statutes, and s. 24(a), Article I of the 155
State Constitution to ensure the confidentiality and safety of 156
the applicants. This exemption is necessary to ensure that 157
insurers provide complete and candid information to regulators 158
so that they can effectively and efficiently implement the 159
Florida Insurance Code. 160
Section 5. This act shall take effect on the same date 161
that HB 1263 or similar legislation takes effect, if such 162
legislation is adopted in the same legislative session or an 163
extension thereof and becomes a law. 164