Florida HB 1265: Court-Ordered Treatment Programs

Bill Text

CS/HB 1265 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1265-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to public records; creating s. 624.28, 2
F.S.; creating a privilege for documents, materials, 3
and other information obtained by the Commissioner of 4
Insurance Regulation or the National Association of 5
Insurance Commissioners in the course of an 6
examination or analysis; prohibiting the commissioner 7
and certain persons from testifying in certain private 8
civil actions; authorizing the commissioner to share 9
certain information under certain circumstances; 10
providing for reciprocity; providing definitions; 11
providing for future legislative review and repeal of 12
the privilege; providing a statement of public 13
necessity; amending s. 624.4212, F.S.; providing an 14
exemption from public records requirements for certain 15
proprietary business information provided to the 16
Office of Insurance Regulation by an insurer; 17
providing an exemption from public records 18
requirements for certain biographical statements, 19
biographical affidavits, and supplementary materials 20
related thereto provided to or obtained by the office; 21
providing for future legislative review and repeal of 22
the exemptions; providing statements of public 23
necessity; providing a contingent effective date. 24
25

CS/HB 1265 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Section 624.28, Florida Statutes, is created to 28
read: 29
624.28 Privilege for ancillary information.— 30
(1)(a) Documents, materials, or other information, 31
including, but not limited to, all work papers subject to s. 32
624.319(3)(b)1., and copies thereof, created, produced, or 33
obtained by or disclosed to the Commissioner of Insurance 34
Regulation or any other person in the course of an examination 35
made under the Florida Insurance Code, or in the course of an 36
analysis by the commissioner of the financial condition or 37
market conduct of a company, shall be privileged, shall not be 38
subject to subpoena, and shall not be subject to discovery or 39
admissible in evidence in any private civil action. The 40
commissioner may use the documents, materials, or other 41
information in the furtherance of any regulatory or legal action 42
brought as part of the commissioner's official duties. 43
(b) Documents, materials, or other information, including, 44
but not limited to, all work papers subject to s. 45
624.319(3)(b)1., and copies thereof, in the possession or 46
control of the National Association of Insurance Commissioners 47
and its affiliates and subsidiaries shall be privileged, shall 48
not be subject to subpoena, and shall not be subject to 49
discovery or admissible in evidence in any private civil action 50

CS/HB 1265 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

if they are created, produced, or obtained by or disclosed to 51
the National Association of Insurance Commissioners and its 52
affiliates and subsidiaries in the course of assisting in an 53
examination or assisting the commissioner in the analysis of the 54
financial condition or market conduct of a company. 55
(2) The commissioner and any person who received the 56
documents, materials, or other information while acting under 57
the authority of the commissioner, including the National 58
Association of Insurance Commissioners and its affiliates and 59
subsidiaries, may not testify in any private civil action 60
concerning any privileged documents, materials, or other 61
information subject to subsection (1). 62
(3) In order to assist in the performance of his or her 63
duties, the commissioner may: 64
(a) Share documents, materials, or other information, 65
including the privileged documents, materials, or other 66
information subject to subsection (1), with other state, 67
federal, and international regulatory agencies, with the 68
National Association of Insurance Commissioners and its 69
affiliates and subsidiaries, and with state, federal, and 70
international law enforcement authorities, provided that the 71
recipient agrees to maintain the privileged status of the 72
document, material, or other information. 73
(b) Receive documents, materials, or other information, 74
including the privileged documents, materials, or other 75

CS/HB 1265 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

information subject to subsection (1), from the National 76
Association of Insurance Commissioners and its affiliates and 77
subsidiaries, and from regulatory and l