(1) The department or office or its examiner shall make a full and true written report of each examination. The examination report shall contain only information obtained from examination of the records, accounts, files, and documents of or relative to the insurer examined or from testimony of individuals under oath, together with relevant conclusions and recommendations of the examiner based thereon. The department or office must furnish a copy of the examination report to the insurer examined at least 30 days before filing the examination report in its office. If such insurer so requests in writing within such 30-day period, the department or office must grant a hearing with respect to the examination report and may not file the examination report until after the hearing and after such modifications have been made therein as the department or office deems proper.
(2) The examination report so filed is admissible in evidence in any action or proceeding brought by the department or office against the person examined, or against its officers, employees, or agents. In all other proceedings, the admissibility of the examination report is governed by the evidence code. The department or office or its examiners may testify and offer other proper evidence as to information secured or matters discovered during the course of an examination, regardless of whether a written report of the examination has been made, furnished, or filed in the department or office. The production of documents during the course of an examination or investigation does not constitute a waiver of the attorney-client or work-product privilege.
(3)(a)1. Examination reports, until filed, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. Investigation reports are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active.
3. For purposes of this subsection, an investigation is active while it is being conducted by the department or office with a reasonable, good faith belief that it could lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department or office is proceeding with reasonable dispatch and has a good faith belief that action could be initiated by the department or office or other administrative or law enforcement agency. After an investigation is completed or ceases to be active, portions of the investigation report relating to the investigation remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure would:
a. Jeopardize the integrity of another active investigation;
b. Impair the safety and financial soundness of the licensee or affiliated party;
c. Reveal personal financial information;
d. Reveal the identity of a confidential source;
e. Defame or cause unwarranted damage to the good name or reputation of an individual or jeopardize the safety of an individual; or
f. Reveal investigative techniques or procedures.
(b)1. For purposes of this paragraph, “work papers” means the records of the procedures followed, the tests performed, the information obtained and the conclusions reached in an examination or investigation performed under this section or ss. 624.316, 624.3161, 624.317, 624.318, and 626.8828. Work papers include planning documentation, work programs, analyses, memoranda, letters of confirmation and representation, abstracts of company documents, and schedules or commentaries prepared or obtained in the course of such examination or investigation.
2.a. Work papers held by the department or office are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the examination report is filed or until the investigation is completed or ceases to be active.
b. Information received from another governmental entity or the National Association of Insurance Commissioners, which is confidential or exempt when held by that entity, for use by the department or office in the performance of its examination or investigation duties pursuant to this section or ss. 624.316, 624.3161, 624.317, 624.318, and 626.8828 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
c. This exemption applies to work papers and such information held by the department or office before, on, or after the effective date of this exemption.
3. Confidential and exempt work papers and information may be disclosed to:
a. Another governmental entity, if disclosure is necessary for the receiving entity to perform its duties and responsibilities; and
b. The National Association of Insurance Commissioners.
4. After an examination report is filed or an investigation is completed or ceases to be active, portions of work papers may remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure would:
a. Jeopardize the integrity of another active examination or investigation;
b. Impair the safety or financial soundness of the licensee, affiliated party, or insured;
c. Reveal personal financial, medical, or health information;
d. Reveal the identity of a confidential source;
e. Defame or cause unwarranted damage to the good name or reputation of an individual or jeopardize the safety of an individual;
f. Reveal examination techniques or procedures; or
g. Reveal information that is confidential or exempt under sub-subparagraph 2.b.
(c) Lists of insurers or regulated companies are confidential and exempt from s. 119.07(1) if:
1. The financial solvency, condition, or soundness of such insurers or regulated companies is being monitored by the office;
2. The list is prepared to internally coordinate regulation by the office of the financial solvency, condition, or soundness of the insurers or regulated companies; and
3. The office determines that public inspection of such list could impair the financial solvency, condition, or soundness of such insurers or regulated companies.
(4) After the examination report has been filed pursuant to subsection (1), the department or office may publish the results of any such examination in one or more newspapers published in this state whenever it deems it to be in the public interest.
(5) After the examination report of an insurer has been filed pursuant to subsection (1), an affidavit must be filed with the office, within 30 days after the report has been filed, on a form furnished by the office and signed by the officer of the company in charge of the insurer’s business in this state, stating that she or he has read the report and that the recommendations made in the report will be considered within a reasonable time.
(6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.
Cited 20 times | Published | Florida 1st District Court of Appeal
...1975; records of the Department of Banking and Finance which are "investigation reports, examination reports and related information," which are confidential under § 658.10(1)(a), F.S. 1975; the examination or investigation reports of the Department of Insurance, which may be withheld from public inspection pursuant to § 624.319, F.S....
Cited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 734944
...emption. Section 119.011(1), Florida Statutes (1995), defines in pertinent part the term "public records" to include, [A]ll documents ... received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 624.319(3), Florida Statutes, indicates that Department of Insurance investigative records collected during investigation of probable violations of the state insurance code are public records subject to disclosure once the investigation is closed....
...the state's possession at the time the state made the decision to settle with Prudential. We find that these are exactly the types of documents which were contemplated to be public records in accordance with section 119.011(1), Florida Statutes, and section 624.319(3), Florida Statutes....
...(Coventry), appeals a final order denying its second amended complaint for injunctive relief and a declaratory judgment. Coventry contends the trial court erred as a matter of law by retroactively applying chapter 2007-249, section 1, Laws of Florida, an amendment to section 624.319, Florida Statutes (the 2007 amendment), to certain work papers submitted by Coventry to the appellee, the Office of Insurance Regulation (OIR), in the course of a regulatory investigation....
...licensing and regulating Florida viatical settlement providers. Before the 2007 amendment, work papers were deemed "confidential" and "exempt from the provisions of [section] 119.07(1) and [section] 24(a), [Article] I of the State Constitution." See § 624.319(3)(b), Fla. Stat. (2006). Beginning in October 2007, however, an amendment to section 624.319 effectively placed a time limitation upon the confidential and exempt status of work papers, extending such status only "until the examination report is filed, or until the investigation is complete or ceases to be active." See Ch....
...*556 Before the final hearing, the OIR issued a show-cause order that actually set out the contents of the Bates Stamped documents. At the final hearing, Coventry's CEO testified the company never had a meaningful opportunity to review or object to the show-cause order before its release. The parties stipulated that section 624.319, Florida Statutes, had been amended by chapter 2007-249, Laws of Florida, effective October 1, 2007....
...dment. Sometime after the hearing, the trial court entered an order denying Coventry's complaint for injunctive relief. The order contains several rulings relevant to this appeal. First, the trial court looked to the wording of the 2007 amendment to section 624.319, noting: "from the plain language from the statute ......
...The work papers also include Coventry's proprietary marketing and pricing data which, if disclosed to the company's competitors and potential clients, could very well undermine Coventry's competitive position in the viatical agreement market and render Coventry liable to privacy lawsuits. The pre-amended version of section 624.319, Florida Statutes, reasonably seems to have been enacted to protect entities like Coventry that compile, process, and retain very personal, sensitive information about their clients' health and financial circumstances, as well as deve...
...Instead, the statutes abrogated by the new amendment simply provided a shield from "discovery or introduction into evidence in any action against a health care provider arising out of the matters which are the subject... of the inquiry." Id. By contrast, the amendment we consider here reversed the earlier version of section 624.319, which had made work papers "confidential" and "exempt from the provisions of [section] 119.17(1) and [section] 24(a), [article] I of the State Constitution" with no time limitation on that confidentiality or exemption. See § 624.319(3)(b), Fla....
...was repealed, the claim was not moot, for the repeal did not affect those doctors already licensed before the sunset date. See id. at 918-19 & n. 2. Coventry properly applies the reasoning in Mayo Clinic Jacksonville to the sunsetting of pre-amended section 624.319, Florida Statutes....
...(2015).
Reading section 627.093 in conjunction with the statutory definition of a rate filing,
4
We note that if OIR requests an examination of the underlying statistical data for a
certain rate filing, this information would not be subject to public disclosure due to
the exemptions described in section 624.319, Florida Statutes (2015).
14
it is clear that the sunshine requirements of section 627.093 do not apply to NCCI
beyond the rate filing itself....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 624 in the context of insurance disputes and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
