SENATE AMENDMENT

    Bill No. HB 281

    Amendment No. ___   Barcode 955744

                            CHAMBER ACTION
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11  Senator Posey moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 624.40851, Florida Statutes, is

18  amended to read:

19         624.40851  Confidentiality of risk-based capital

20  information.--

21         (1)  The initial risk-based capital report and any

22  adjusted risk-based capital report, made, furnished, or filed

23  with the Department of Insurance, any risk-based capital plan,

24  and any revised risk-based capital plan, adjusted risk-based

25  capital report, and working papers and reports of examination

26  or analysis of an insurer performed pursuant to a plan or

27  corrective order, or regulatory action level event,

28  subsequently filed at the request of the department, with

29  respect to any domestic insurer or foreign insurer, held by

30  the department, and transcripts of hearings made as required

31  by conducted pursuant to this section, are confidential and

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                                                  SENATE AMENDMENT

    Bill No. HB 281

    Amendment No. ___   Barcode 955744





  1  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

  2  Constitution.

  3         (2)  Proceedings and hearings conducted pursuant to s.

  4  624.4085 section 1 of SB 620, section 1 of HB 1943, or section

  5  1 of SB 898 relating to the department's actions regarding any

  6  insurer's risk-based capital plan, revised risk-based capital

  7  plan, risk-based capital report, or adjusted risk-based

  8  capital report, are exempt from the provisions of s. 286.011

  9  and s. 24(b), Art. I of the State Constitution, except as

10  otherwise provided in this section. All portions of Such

11  hearings or proceedings shall be recorded by a court reporter.

12  The department of Insurance shall open such proceedings or

13  hearings or provide a copy of the transcript of such hearings

14  or proceedings, or disclose the contents of notices,

15  correspondence, reports, records, or other information

16  otherwise made confidential and exempt pursuant to this

17  section to a department, agency, or instrumentality of this or

18  another state or of the United States if the department

19  determines the disclosure is necessary or proper for the

20  enforcement of the laws of the United States or of this or

21  another state.

22         (3)  This section does not apply to proceedings,

23  hearings, notices, correspondence, reports, records, or other

24  information obtained upon the appointment of a receiver for

25  the insurer by a court of competent jurisdiction.

26         (3)(4)  An exemption The exemptions provided by this

27  section expires shall terminate:

28         (a)  One year following the conclusion of the any

29  risk-based capital plan or revised risk-based capital plan; or

30         (b)  On the date of entry of an order of seizure,

31  rehabilitation, or liquidation is entered with respect to the

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                                                  SENATE AMENDMENT

    Bill No. HB 281

    Amendment No. ___   Barcode 955744





  1  insurer pursuant to chapter 631.

  2         (5)  This section is subject to the Open Government

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

  4  shall stand repealed on October 2, 2002, unless reviewed and

  5  saved from repeal through reenactment by the Legislature.

  6         Section 2.  This act shall take effect October 1, 2002.

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  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         Delete everything before the enacting clause

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13  and insert:

14                      A bill to be entitled

15         An act relating to public-records and

16         public-meeting exemptions relating to certain

17         risk-based capital information; amending s.

18         624.40851, F.S.; making technical and

19         conforming changes; abrogating future

20         legislative review and repeal of the

21         exemptions; providing an effective date.

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