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Committee advances OIR reforms but public-records exemption draws opposition
Summary
PCS for HB 1263 (strengthening the Office of Insurance Regulation’s oversight) was reported favorably after discussion on consumer protections. A linked PCS, HB 1265, would create a public-records exemption to protect confidential complaints and examination work product (particularly related to PBMs); multiple members and the Florida Justice Association raised constitutional and litigation-access concerns and sponsors pledged further work.
The Insurance & Banking Subcommittee advanced two closely related measures aimed at expanding the Office of Insurance Regulation’s (OIR) authority while shielding certain examination materials from public disclosure.
Representative Cheney presented PCS for HB 1263 as a package of regulatory and consumer-oriented reforms to continue the post‑reform trend of increased competition and lower rates in Florida’s property and casualty markets. The PCS would expand OIR’s market-conduct and solvency tools, allow mandatory discounts for mitigation measures that exceed the state building code and permit OIR to store mitigation inspection forms so they remain with a property.
Cheney also introduced PCS for HB 1265, a public-records exemption tied to HB 1263. The sponsor said the exemption would protect proprietary business information and confidential complaints that can trigger OIR examinations, particularly those involving pharmacy benefit managers (PBMs), because disclosure of examination materials has, in at least one instance, led to retaliation against complainants.
Opponents raised concerns about the exemption’s scope and constitutionality. Laura Yeomans of the Florida Justice Association warned that the proposed broad privilege could be misused in bad-faith, pattern-and-practice or solvency litigation by insurers and could interfere with policyholders’ ability to obtain evidence through subpoena and discovery. Several members said they were sympathetic to the policy goal of protecting complainants but asked the sponsor to narrow the language, limit the exemption to PBM-related materials and ensure it does not block legitimate civil discovery or court-ordered evidence.
Cheney and the chair said they are actively working with stakeholders to tighten the provision before subsequent committee stops. PCS for HB 1263 and PCS for HB 1265 were both reported favorably by the subcommittee; several members indicated they would press for amendments in Commerce and on the floor.
Next steps: Sponsor committed to further drafting to narrow the public-records exemption’s scope and to provide clearer legislative findings regarding public necessity and non-retroactivity; both PCS will advance to additional committees.
