HB 7011 2025
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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 a review under the Open Government 2
Sunset Review Act; amending s. 631.195, F.S., which 3
provides an exemption from public record requirements 4
for certain records made or received by the Department 5
of Financial Services acting as receiver pursuant to 6
specified provisions; revising the list of records 7
that are exempt from public records requirements; 8
removing the scheduled repeal of the exemption; 9
providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Section 631.195, Florida Statutes, is amended 14
to read: 15
631.195 Records of insurers; public records exemptions. — 16
(1) As used in this section, th e term: 17
(a) "Consumer" means a prospective purchaser of, a 18
purchaser of, a beneficiary of, or an applicant for any 19
insurance product or service. The term also includes a family 20
member or dependent of such person. 21
(b) "Personal financial and health info rmation" means: 22
1. A consumer's personal health condition, disease, or 23
injury; 24
2. A history of a consumer's personal medical diagnosis or 25
HB 7011 2025
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treatment; 26
3. The existence, nature, source, or amount of a 27
consumer's personal income or expenses; 28
4. Records of, or relating to, a consumer's personal 29
financial transactions of any kind; 30
5. The existence, identification, nature, or value of a 31
consumer's assets, liabilities, or net worth; 32
6. The existence or content of, or any individual coverage 33
or status under a consumer's beneficial interest in, any 34
insurance policy or annuity contract; or 35
7. The existence, identification, nature, or value of a 36
consumer's interest in any insurance policy, annuity contract, 37
or trust. 38
(2) The following records, in whatever form, of an insurer 39
which are made or received by the department, acting as receiver 40
pursuant to this chapter, are confidential and exempt from s. 41
119.07(1) and s. 24(a), Art. I of the State Constitution: 42
(a) All personal financial and health in formation of a 43
consumer. 44
(b) Underwriting files of a type customarily maintained by 45
an insurer transacting lines of insurance similar to those lines 46
transacted by the insurer. 47
(b)(c) Personnel and payroll records of the insurer , 48
except for the names, b enefits, and compensation of executive 49
officers. 50
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(c)(d) Consumer claim files. 51
(e) An own-risk and solvency assessment (ORSA) summary 52
report, a substantially similar ORSA summary report, and 53
supporting documents submitted to the office pursuant to s. 54
628.8015. 55
(f) A corporate governance annual disclosure and 56
supporting documents submitted to the office pursuant to s. 57
628.8015. 58
(d)(g) Information received from the National Association 59
of Insurance Commissioners, a governmental entity in this or 60
another state, the Federal Government, or a government of 61
another nation which is confidential or exempt if held by that 62
entity and which is held by the department for use in the 63
performance of its duties relating to insurer solvency. 64
(3) The exemptions in sub section (2) apply to records held 65
by the department before, on, and after July 1, 2020. 66
(4) Records or portions of records made confidential and 67
exempt by this section may be released under any of the 68
following circumstances: 69
(a) To any state or federa l agency, upon written request, 70
if disclosure is necessary for the receiving entity to perform 71
its duties and responsibilities. The receiving agency shall 72
maintain the confidential and exempt status of such record or 73
portion of such record. 74
(b) To comply with a properly authorized civil, criminal, 75
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or regulatory investigation or a subpoena or summons by a 76
federal, state, or local authority. 77
(c) To the National Association of Insurance Commissioners 78
and its affiliates and subsidiaries, if the recipient ag rees in 79
writing to maintain the confidential and exempt status of the 80
records. 81
(d) To the guaranty associations and funds of the various 82
states which are receiving, adjudicating, and paying claims of 83
the insolvent insurer subject to delinquency proceedin gs 84
pursuant to this chapter. The receiving guaranty association 85
shall maintain the confidential and exempt status of such record 86
or portion of such record. 87
(e) Upon written request, to persons identified as 88
designated employees as described in s. 626.989 (4)(d), whose 89
responsibilities include the investigation and disposition of 90
claims relating to suspected fraudulent insurance acts. 91
(f) In the case of personal financial and health 92
information of a consumer, upon written request of the consumer 93
or the consumer's legally authorized representative. 94
(5) This section is subject to the Open Government Sunset 95
Review Act in accordance with s. 119.15 and shall stand repealed 96
on October 2, 2025, unless reviewed and saved from repeal 97
through reenactment by the Le gislature. 98
Section 2. This act shall take effect July 1, 2025. 99