No. CS/HB 1265
Filed under Insurance.
Pub. Rec./Office of Insurance Regulation; Creates privilege for documents, materials, & other information obtained by Commissioner of Insurance Regulation or National Association of Insurance Commissioners in course of examination or analysis; prohibits commissioner & certain persons from testifying in certain private civil actions; authorizes commissioner to share certain information under certain circumstances; provides for reciprocity; provides exemption from public records requirements for certain proprietary business information provided to OIR by insurer & certain biographical statements, biographical affidavits, & supplementary materials related thereto provided to or obtained by OIR; provides for future legislative review & repeal of privilege & exemptions; provides statements of public necessity.
Plain English Summary
AI-GENERATEDCreates a new privilege for documents and information the Commissioner of Insurance Regulation or NAIC obtains through insurer examinations or financial and market-conduct analyses. Those materials cannot be subpoenaed, used in discovery, or admitted as evidence in any private civil action.
The commissioner and anyone who received these privileged materials, including NAIC staff, may not testify about them in a private civil action. The commissioner may still share them with other regulators and law enforcement, or use them in the commissioner's own official actions.
Separately, group capital calculations, liquidity stress test filings, and biographical statements or affidavits submitted to insurance regulators become exempt from public records requests. The biographical-material exemption reaches back to cover records already held before July 1, 2026.
All these protections automatically expire on October 2, 2031 unless the Legislature reenacts them, under Florida's standard public-records sunset review. The whole act only takes effect if a companion bill, HB 1263 or similar legislation, also passes and becomes law.
AIDocuments and information the Commissioner of Insurance Regulation obtains through an examination or a financial or market-conduct analysis cannot be subpoenaed, used in discovery, or admitted as evidence in a private civil action.
AIThe commissioner and anyone who received the privileged documents, including NAIC staff, may not testify in any private civil action concerning them.
AIBiographical statements, affidavits, and related materials that insurers or applicants give the Office of Insurance Regulation become exempt from public records requests, and the exemption reaches back to cover material the office already holds from before July 1, 2026.
AIDocuments in the possession of the National Association of Insurance Commissioners and its affiliates, created while assisting a Florida examination or analysis, get the same subpoena, discovery, and evidence protections as the commissioner's own records.
AIThe commissioner may share privileged examination materials with other state, federal, and international regulators and law enforcement, and with the NAIC, as long as the recipient agrees to keep the material privileged.
AIGiving documents to the commissioner, or the commissioner sharing them with other regulators under this section, does not waive any other privilege or confidentiality claim the source might otherwise have in that material.
AIA privilege recognized under another state's law that is substantially similar to this one must be honored and enforced in any Florida court proceeding.
AIGroup capital calculations and liquidity stress test filings that insurers submit to the Office of Insurance Regulation become confidential and exempt from public records disclosure.