Amendment
Bill No. CS/CS/CS/HB 1495
Amendment No. 216431
CHAMBER ACTION
Senate House
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1Representative Hays offered the following:
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3     Amendment to Amendment (257873) (with title amendment)
4     Remove lines 1053-1098 and insert:
5     (k)  Effective January 1, 2010, notwithstanding any other
6provision of this section:
7     1.  With respect to any residential property insurance
8subject to regulation under this section, a rate filing,
9including, but not limited to, any rate changes, rating factors,
10territories, classifications, discounts, and credits, with
11respect to any policy form, including endorsements issued with
12the form, that results in an overall average statewide premium
13increase or decrease of no more than 10 percent above or below
14the premium that would result from the insurer's rates then in
15effect shall not be subject to a determination by the office
16that the rate is excessive or unfairly discriminatory, except as
17provided in subparagraph 3. or any other provision of law,
18provided all changes specified in the filing do not result in an
19overall premium increase of more than 15 percent for any single  
20territory for reasons related solely to the rate change. As used
21in this subparagraph, the term "insurer's rates then in effect"
22includes only rates that have been lawfully in effect under this
23section or rates that have been determined to be lawful through
24administrative proceedings or judicial proceedings.
25     2.  An insurer may not make filings under this paragraph
26with respect to any policy form, including endorsements issued
27with the form, if the overall premium changes resulting from
28such filings exceed the amounts specified in this paragraph in
29any 12-month period. An insurer may proceed under other
30provisions of this section or other provisions of the laws of
31this state if the insurer seeks to exceed the premium or rate
32limitations of this paragraph.
33     3.  This paragraph does not affect the authority of the
34office to disapprove a rate as inadequate or to disapprove a
35filing for the unlawful use of unfairly discriminatory rating
36factors that are prohibited by the laws of this state. An
37insurer electing to implement a rate change under this paragraph
38shall submit a filing to the office at least 30 days prior to
39the effective date of the rate change. The office shall have 30
40days after the filing's submission to review the filing and
41determine if the rate is inadequate or uses unfairly
42discriminatory rating factors. Absent a finding by the office
43within such 30-day period that the rate is inadequate or that
44the insurer has used unfairly discriminatory rating factors, the
45filing is deemed approved. If the insurer is implementing an
46overall rate decrease and the office finds during the 30-day
47period that the filing will result in inadequate premiums or
48otherwise endanger the insurer's solvency, the office shall
49suspend the rate decrease. If the insurer is implementing an
50overall rate increase the results of which continue to produce
51an inadequate rate, such increase shall proceed pending
52additional action by the office to ensure the adequacy of the
53rate.
54     4.  This paragraph does not apply to rate filings for any  
55insurance other than residential property insurance.
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T I T L E  A M E N D M E N T
60     Remove lines 2191-2195 and insert:
61Regulation must make a "file and use" filing; specifying that
62certain rate filings are not subject to office determination as
63excessive or unfairly discriminatory; providing limitations;
64providing a definition; prohibiting certain rate filings under
65certain circumstances; preserving the office's authority to
66disapprove certain rate filings under certain circumstances;
67providing procedures for insurers submitting certain rate
68filings; specifying nonapplication to certain types of
69insurance; amending s. 627.0621, F.S.;


CODING: Words stricken are deletions; words underlined are additions.