Senate Bill sb1026c1

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    Florida Senate - 2001                           CS for SB 1026

    By the Committee on Banking and Insurance





    311-1493-01

  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         amending s. 626.921, F.S.; abrogating the

  4         repeal of an exemption from public-records

  5         requirements for certain surplus lines

  6         insurance information submitted to the

  7         Department of Insurance or available for

  8         inspection by the department; expanding the

  9         exemption to apply to certain surplus lines

10         insurance information submitted to the Florida

11         Surplus Lines Service Office; specifying that

12         the exemption applies to information specific

13         to a particular policy or policyholder;

14         providing for future repeal and legislative

15         review; providing a finding of public

16         necessity; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 626.921, Florida Statutes, is

21  amended to read:

22         626.921  Florida Surplus Lines Service Office.--

23         (1)  There is hereby created a nonprofit association to

24  be known as the Florida Surplus Lines Service Office.  The

25  Legislature hereby finds and declares that the establishment

26  of a surplus lines self-regulating organization is necessary

27  to establish a system that will permit better access by

28  consumers to approved unauthorized insurers.  Accordingly, the

29  Legislature declares that this section shall be liberally

30  construed and applied to promote its underlying purposes,

31  which will protect consumers seeking insurance in this state,

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    Florida Senate - 2001                           CS for SB 1026
    311-1493-01




  1  permit surplus lines insurance to be placed with approved

  2  surplus lines insurers, establish a self-regulating

  3  organization which will promote and permit orderly access to

  4  surplus lines insurance in this state, enhance the number and

  5  types of insurance products available to consumers in this

  6  state, provide a source of advice and counsel for the benefit

  7  of consumers, surplus lines agents, insurers, and government

  8  agencies concerning the operation of the surplus lines

  9  insurance market, and protect the revenues of this state.

10         (2)  All surplus lines agents shall, as a condition of

11  holding a license as a surplus lines agent in this state, be

12  deemed to be members of this association and shall report to

13  and file with the service office a copy of or information on

14  each surplus lines insurance policy or document as provided in

15  the plan of operation adopted under subsection (5).  Upon

16  receipt of any claim notice reported under a surplus lines

17  policy which is subject to the filing requirements of this

18  section, the insurer, or an adjuster representing the insurer,

19  must advise the service office of such claim, identifying the

20  policy under which coverage is claimed, and the service office

21  shall determine whether the policy has been filed as required

22  by this section. The service office shall immediately report

23  the particulars of any unfiled policy to the department for

24  enforcement of compliance with the Florida Surplus Lines Law.

25         (3)  The association shall perform its functions under

26  a plan of operation adopted under subsection (5). It shall

27  exercise its powers through a board of governors established

28  under subsection (4).  The association shall be regulated by

29  the department and is subject to the applicable provisions of

30  this code and the rules of the department.  The service office

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    Florida Senate - 2001                           CS for SB 1026
    311-1493-01




  1  shall conduct the following activities provided in the plan of

  2  operation adopted under subsection (5):

  3         (a)  Receive, record, and review all surplus lines

  4  insurance policies or documents.

  5         (b)  Maintain records of the surplus lines policies

  6  reported to the service office and prepare monthly reports for

  7  the department in such form as the department may prescribe.

  8         (c)  Prepare and deliver to each surplus lines agent

  9  quarterly reports of each surplus lines agent's business in

10  such form as the department may prescribe, and collect and

11  remit to the department the surplus lines tax as provided for

12  in s. 626.932.

13         (d)  Perform a reconciliation of the policies written

14  in the nonadmitted market, as provided by nonadmitted

15  insurers, with the policies reported to the service office by

16  the surplus lines agents, and prepare and deliver to the

17  department a report on the results of the reconciliation in

18  such form as the department may prescribe.

19         (e)  Submit to the department for review and approval

20  an annual budget for the operation of the service office.

21         (f)  Collect from each surplus lines agent a service

22  fee of up to 0.3 percent, as determined by the department, of

23  the total gross premium of each surplus lines policy or

24  document reported under this section, for the cost of

25  operation of the service office.  The service fee shall be

26  paid by the insured.

27         (g)  Employ and retain such personnel as are necessary

28  to carry out the duties of the service office.

29         (h)  Borrow money, as necessary, to effect the purposes

30  of the service office.

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    Florida Senate - 2001                           CS for SB 1026
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  1         (i)  Enter into contracts, as necessary, to effect the

  2  purposes of the service office.

  3         (j)  Perform such other acts as will facilitate and

  4  encourage compliance with the surplus lines law of this state

  5  and rules adopted thereunder.

  6         (k)  Provide such other services as are incidental or

  7  related to the purposes of the service office.

  8         (4)  The association shall operate under the

  9  supervision of a board of governors consisting of:

10         (a)  Five individuals appointed by the department from

11  the regular membership of the Florida Surplus Lines

12  Association.

13         (b)  Two individuals appointed by the department, one

14  from each of the two largest domestic agents' associations,

15  each of whom shall be licensed surplus lines agents.

16         (c)  The Insurance Consumer Advocate.

17         (d)  One individual appointed by the department, who

18  shall be a risk manager for a large domestic commercial

19  enterprise.

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21  Each board member shall be appointed to serve beginning on the

22  date designated by the plan of operation and shall serve at

23  the pleasure of the department for a 3-year term, such term

24  initially to be staggered by the plan of operation so that

25  three appointments expire in 1 year, three appointments expire

26  in 2 years, and three appointments expire in 3 years.  Members

27  may be reappointed for subsequent terms.  The board of

28  governors shall elect such officers as may be provided in the

29  plan of operation.

30         (5)(a)  The association shall submit to the department

31  a plan of operation, and any amendments thereto, to provide

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    Florida Senate - 2001                           CS for SB 1026
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  1  operating procedures for the administration of the service

  2  office. The plan of operation and any amendments thereto shall

  3  become effective upon approval by order of the department.

  4         (b)  If the association fails to submit a suitable plan

  5  of operation within 180 days following the effective date of

  6  this act, or if at any time thereafter the association fails

  7  to submit suitable amendments to the plan of operation, the

  8  department shall, after notice and hearing, adopt a plan of

  9  operation, or amendments to a plan of operation, and adopt

10  such rules as are necessary or advisable to effectuate the

11  provisions of this section. Such rules shall continue in force

12  until modified by the department or superseded by a plan of

13  operation submitted by the association and approved by the

14  department.

15         (c)  All surplus lines agents licensed in this state

16  must comply with the plan of operation.

17         (6)  The department shall, at such times deemed

18  necessary, make or cause to be made an examination of the

19  association.  The costs of any such examination shall be paid

20  by the association.  During the course of such examination,

21  the governors, officers, agents, employees, and members of the

22  association may be examined under oath regarding the operation

23  of the service office and shall make available all books,

24  records, accounts, documents, and agreements pertaining

25  thereto.

26         (7)  There shall be no liability on the part of, and no

27  cause of action of any nature shall arise against, any member

28  or its agents or employees, agents or employees of the

29  association, members of the board of governors of the

30  association, or the department or its representatives, for any

31  action taken by them in the performance of their duties or

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    Florida Senate - 2001                           CS for SB 1026
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  1  responsibilities under this subsection. Such immunity does not

  2  apply to actions for breach of any contract or agreement

  3  pertaining to insurance, or any willful tort.

  4         (8)(a)  Information furnished to the department under

  5  s. 626.923 or contained in the records subject to examination

  6  by the department under s. 626.930 is confidential and exempt

  7  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  8  the State Constitution if the disclosure of the information

  9  would reveal information specific to a particular policy or

10  policyholder a trade secret as defined in s. 688.002.  This

11  subsection is subject to the Open Government Sunset Review Act

12  of 1995 in accordance with s. 119.15, and shall stand repealed

13  on October 2, 2001, unless reviewed and saved from repeal

14  through reenactment by the Legislature.  The exemption does

15  not apply to any proceeding instituted by the department

16  against an agent or insurer.

17         (b)  Information furnished to the Florida Surplus Lines

18  Service Office under the Surplus Lines Law is confidential and

19  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

20  I of the State Constitution if the disclosure of the

21  information would reveal information specific to a particular

22  policy or policyholder. This exemption does not prevent the

23  disclosure of any information by the Florida Surplus Lines

24  Service Office to the department, but the exemption applies to

25  records obtained by the department from the Florida Surplus

26  Lines Service Office. The exemption does not apply to any

27  proceeding instituted by the department against an agent or

28  insurer. This paragraph is subject to the Open Government

29  Sunset Review Act of 1995 in accordance with s. 119.15, and

30  shall stand repealed on October 2, 2006, unless reviewed and

31  saved from repeal through reenactment by the Legislature.

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    Florida Senate - 2001                           CS for SB 1026
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  1         Section 2.  The Legislature finds that it is a public

  2  necessity that certain records of the Department of Insurance

  3  and the Florida Surplus Lines Service Office be held

  4  confidential and exempt. The disclosure of surplus lines

  5  policy information submitted to the Department of Insurance or

  6  to the Florida Surplus Lines Service Office, to the extent

  7  that such information reveals information specific to a

  8  particular policy or policyholder, would be harmful to

  9  insurers or agents due to the economic value of such

10  information if revealed to competitors. Such information may

11  also reveal economic information about the policyholder that

12  would be harmful as an invasion of privacy of the

13  policyholder. Accordingly, it is a public necessity that such

14  information be held confidential and exempt.

15         Section 3.  This act shall take effect October 1, 2001.

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17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                             SB 1026

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20  Applies the public records exemption to information furnished
    to the Florida Surplus Lines Service Office "under the Surplus
21  Lines Law" (ss. 626.913-626.937, F.S.), rather than
    information furnished "under this section" (s. 626.921, F.S.).
22  The exemption would still apply only to those records that
    reveal information specific to a particular policy or
23  policyholder.

24  Clarifies that the bill does not prevent the Service Office
    from providing any information or records to the Department of
25  Insurance.

26  Provides for future repeal and review of the expanded public
    records exemption that applies to records obtained by the
27  Surplus Lines Service Office, but does not provide for repeal
    and review of the current exemption for records obtained by
28  the Department of Insurance.

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