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The Florida Senate

CS/HB 1409 — Pub. Rec./Records of Insurers/Department of Financial Services

by Oversight, Transparency and Public Management Subcommittee and Rep. Grant, M. (CS/CS/SB 1188 by Rules Committee; Governmental Oversight and Accountability Committee; and Senator Albritton)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Banking and Insurance Committee (BI)

The bill creates s. 631.195, F.S., to provide a public records exemption for the personal financial and health information of insurance consumers, along with sensitive underwriting, personnel, payroll, and consumer claim information held by the Department of Financial Services (DFS) pursuant to its receivership duties related to insolvent insurers. Since these records are exempt under current law when held by the Office of Insurance Regulation during the course of regular supervision, the bill creates parity for policyholders and claimants regardless of the solvency of their insurance provider. The bill provides that this exemption applies retroactively to those records held by DFS prior to bill taking effect, as well as those held by DFS on or after that date. Records made confidential and exempt by the bill may be released under specified circumstances.

If approved by the Governor, these provisions take effect July 1, 2020.

Vote: Senate 38-1; House 118-0