Florida Senate - 2025 CS for SB 7010 By the Committees on Governmental Oversight and Accountability; and Banking and Insurance 585-03134-25 20257010c1 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 631.195, F.S., which 4 provides an exemption from public records requirements 5 for certain records made or received by the Department 6 of Financial Services acting as receiver pursuant to 7 specified provisions; revising the list of records 8 that are exempt from public records requirements; 9 removing the scheduled repeal of the exemption; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Section 631.195, Florida Statutes, is amended to 15 read: 16 631.195Records of insurers; public records exemptions. 17 (1)As used in this section, the term: 18 (a)Consumer means a prospective purchaser of, a 19 purchaser of, a beneficiary of, or an applicant for any 20 insurance product or service. The term also includes a family 21 member or dependent of such person. 22 (b)Personal financial and health information means: 23 1.A consumers personal health condition, disease, or 24 injury; 25 2.A history of a consumers personal medical diagnosis or 26 treatment; 27 3.The existence, nature, source, or amount of a consumers 28 personal income or expenses; 29 4.Records of, or relating to, a consumers personal 30 financial transactions of any kind; 31 5.The existence, identification, nature, or value of a 32 consumers assets, liabilities, or net worth; 33 6.The existence or content of, or any individual coverage 34 or status under a consumers beneficial interest in, any 35 insurance policy or annuity contract; or 36 7.The existence, identification, nature, or value of a 37 consumers interest in any insurance policy, annuity contract, 38 or trust. 39 (2)The following records, in whatever form, of an insurer 40 which are made or received by the department, acting as receiver 41 pursuant to this chapter, are confidential and exempt from s. 42 119.07(1) and s. 24(a), Art. I of the State Constitution: 43 (a)All personal financial and health information of a 44 consumer. 45 (b)Underwriting files of a type customarily maintained by 46 an insurer transacting lines of insurance similar to those lines 47 transacted by the insurer. 48 (b)(c)Personnel and payroll records of the insurer, except 49 for the names, benefits, and compensation of executive officers. 50 (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 supporting 56 documents submitted to the office pursuant to s. 628.8015. 57 (d)(g)Information received from the National Association 58 of Insurance Commissioners, a governmental entity in this or 59 another state, the Federal Government, or a government of 60 another nation which is confidential or exempt if held by that 61 entity and which is held by the department for use in the 62 performance of its duties relating to insurer solvency. 63 (3)The exemptions in subsection (2) apply to records held 64 by the department before, on, and after July 1, 2020. 65 (4)Records or portions of records made confidential and 66 exempt by this section may be released under any of the 67 following circumstances: 68 (a)To any state or federal agency, upon written request, 69 if disclosure is necessary for the receiving entity to perform 70 its duties and responsibilities. The receiving agency shall 71 maintain the confidential and exempt status of such record or 72 portion of such record. 73 (b)To comply with a properly authorized civil, criminal, 74 or regulatory investigation or a subpoena or summons by a 75 federal, state, or local authority. 76 (c)To the National Association of Insurance Commissioners 77 and its affiliates and subsidiaries, if the recipient agrees in 78 writing to maintain the confidential and exempt status of the 79 records. 80 (d)To the guaranty associations and funds of the various 81 states which are receiving, adjudicating, and paying claims of 82 the insolvent insurer subject to delinquency proceedings 83 pursuant to this chapter. The receiving guaranty association 84 shall maintain the confidential and exempt status of such record 85 or portion of such record. 86 (e)Upon written request, to persons identified as 87 designated employees as described in s. 626.989(4)(d), whose 88 responsibilities include the investigation and disposition of 89 claims relating to suspected fraudulent insurance acts. 90 (f)In the case of personal financial and health 91 information of a consumer, upon written request of the consumer 92 or the consumers legally authorized representative. 93 (5)This section is subject to the Open Government Sunset 94 Review Act in accordance with s. 119.15 and shall stand repealed 95 on October 2, 2025, unless reviewed and saved from repeal 96 through reenactment by the Legislature. 97 Section 2.This act shall take effect October 1, 2025.