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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Grant moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 8 and 9,

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16  insert:

17         Section 2.  Paragraph (f) of subsection (2) of section

18  624.316, Florida Statutes, is amended to read:

19         624.316  Examination of insurers.--

20         (2)

21         (f)1.a.  An examination under this section must be

22  conducted at least once every year with respect to a domestic

23  insurer that has continuously held a certificate of authority

24  for less than 3 years. The examination must cover the

25  preceding fiscal year or the period since the last examination

26  of the insurer. The department may limit the scope of the

27  examination if the insurer has demonstrated sufficient

28  compliance as determined under subparagraph 3.

29         b.  The department may not accept an independent

30  certified public accountant's audit report in lieu of an

31  examination required by this subparagraph.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1         c.  An insurer may not be required to pay more than

 2  $25,000 to cover the costs of any one examination under this

 3  subparagraph.

 4         2.  An examination under this section must be conducted

 5  not less frequently than once every 5 years with respect to an

 6  insurer that has continuously held a certificate of authority,

 7  without a change in ownership subject to s. 624.4245 or s.

 8  628.461, for more than 15 years and has demonstrated

 9  sufficient compliance as determined under subparagraph 3. The

10  examination must cover the preceding 5 fiscal years of the

11  insurer or the period since the last examination of the

12  insurer. This subparagraph does not limit the ability of the

13  department to conduct more frequent examinations.

14         3.  The department must, by rule, adopt procedures and

15  criteria for determining if an insurer has demonstrated

16  sufficient compliance with this code and cooperation with the

17  department. The rules must include consideration of such

18  factors as financial strength, timeliness, consumer service,

19  economic and community contributions and support,

20  responsiveness to department requests, and any other relevant

21  factors. The department must annually publish and disseminate

22  a listing of those insurers found to demonstrate sufficient

23  compliance under the rules, including special recognition for

24  community contributions and support.

25         Section 3.  Paragraph (a) of subsection (2) of section

26  627.7275, Florida Statutes, is amended to read:

27         627.7275  Motor vehicle property damage liability.--

28         (2)(a)  Insurers writing motor vehicle insurance in

29  this state shall make available, subject to the insurers'

30  usual underwriting restrictions, coverage under policies as

31  described in subsection (1) of this section to any applicant

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1  for private passenger motor vehicle insurance coverage who is

 2  seeking the coverage in order to reinstate the applicant's

 3  driving privileges in this state when the driving privileges

 4  were revoked or suspended pursuant to s. 316.646 or s. 627.733

 5  due to the failure of the applicant to maintain required

 6  security.  The policy shall be issued for a period of at least

 7  6 months and as to the minimum coverages required under this

 8  section shall not be cancelable by the insured for any reason

 9  or by the insurer after a period not to exceed 30 days during

10  which the insurer must complete underwriting of the policy.

11  After the insurer has completed underwriting the policy within

12  the 30-day period, the insurer shall notify the Department of

13  Highway Safety and Motor Vehicles that the policy is in full

14  force and effect and the policy shall not be cancelable for

15  the remainder of the policy period.  A premium shall be

16  collected and coverage shall be in effect for the 30-day

17  period during which the insurer is completing the underwriting

18  of the policy whether or not the person's driver license,

19  motor vehicle tag, and motor vehicle registration are in

20  effect.  Once the noncancelable provisions of the policy

21  become effective, the coverage or risk shall not be changed

22  during the policy period and the premium shall be

23  nonrefundable fully earned.  If, during the pendency of the

24  2-year proof of insurance period required under s. 627.733(7),

25  the insured obtains additional coverage or coverage for an

26  additional risk or changes territories, the insured then she

27  or he must obtain a new 6-month noncancelable policy in

28  accordance with the provisions of this section. However, if

29  the insured must obtain a new 6-month policy and obtains the

30  policy from the same insurer, the policyholder shall receive

31  credit on the new policy for any premium paid on the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1  previously issued policy.

 2         Section 4.  Subsection (4) is added to s. 624.426,

 3  Florida Statutes, to read:

 4         624.426  Exceptions to resident agent and

 5  countersignature law.--Section 624.425 does not apply to:

 6         (4)  Policies of insurance issued by insurers whose

 7  agents represent only one company or group of companies under

 8  common ownership if a company within one group is transferring

 9  policies to another company within the same group and the

10  agent of record remains the same.

11         Section 5.  Subsection (1) of section 627.9126, Florida

12  Statutes, is amended to read:

13         627.9126  Annual reports of information by liability

14  insurers required.--

15         (1)  Each insurer transacting commercial multiperil,

16  products liability, commercial automobile liability, private

17  passenger automobile liability, or other line of liability

18  insurance shall maintain information as specified in this

19  section. Such information shall be maintained for each line of

20  insurance and for direct Florida business only. The department

21  may shall annually conduct a sampling of claims or actions for

22  damages for personal injury or property damage claimed to have

23  been caused by error, omission, or negligence of insureds if

24  the claim resulted in:

25         (a)  A final judgment in any amount.

26         (b)  A settlement in any amount.

27         (c)  A final disposition not resulting in payment on

28  behalf of the insured.

29         Section 6.  Section 627.913, Florida Statutes, is

30  amended to read:

31         627.913  Reports of information by products liability

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1  insurers required.--

 2         (1)  The department may require any insurer authorized

 3  to write a policy of products liability insurance in the state

 4  to shall transmit the following information specified in this

 5  section, based on its statewide products liability insurance

 6  writings. Upon request of the department, an insurer shall,

 7  within 60 days, submit to the department a report that

 8  contains the following information, to the department each

 9  year in the annual report of such insurer:

10         (1)(a)  Premiums written;

11         (2)(b)  Premiums earned;

12         (3)(c)  Unearned premiums;

13         (4)(d)  The dollar amount of claims paid;

14         (5)(e)  Incurred claims, not including claims incurred

15  but not reported;

16         (6)(f)  Claims closed without payment, and the amount

17  reserved for such claims;

18         (7)(g)  Loss reserves for all claims except claims

19  incurred but not reported;

20         (8)(h)  Reserves for claims incurred but not reported;

21         (9)(i)  Losses paid as a percentage of the amount

22  reserved for such losses;

23         (10)(j)  Net investment gain or loss and other income

24  gain or loss allocated to products liability lines according

25  to the allocation formula used in the annual insurance expense

26  exhibit;

27         (11)(k)  Underwriting income or loss;

28         (12)(l)  Actual expenses in detail, including, but not

29  limited to, loss adjustment expense; commissions; general

30  expense; and advertising, home office, and defense costs;

31         (13)(m)  Claims settled after a suit was filed;

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1         (14)(n)  Claims paid based on a judgment; and

 2         (15)(o)  Judgments appealed by the insurer, together

 3  with the total results of such appeals.

 4         (2)  The department shall provide a summary of

 5  information provided pursuant to subsection (1) in its annual

 6  report.

 7         (3)  In the first year that an insurer makes a report

 8  pursuant to subsection (1), the insurer shall provide only the

 9  information required by paragraphs (a) through (l) of

10  subsection (1) and shall provide such information for the

11  current year and the 3 previous years.

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13  (Redesignate subsequent sections.)

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16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 11, after the semicolon

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20  insert:

21         amending s. 624.316, F.S.; deleting certain

22         rulemaking authority of the Department of

23         Insurance relating to insurer compliance;

24         amending s. 627.7275, F.S.; modifying coverage

25         requirements and premiums relating to motor

26         vehicle property damage liability; amending s.

27         624.426, F.S.; providing that certain

28         transferred policies are exempt from the

29         resident agent and countersignature law;

30         amending s. 627.9126, F.S.; deleting the

31         requirement that the Department of Insurance

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4047

    Amendment No.    





 1         conduct an annual sampling of certain claims

 2         information required to be maintained by

 3         liability insurers; amending s. 627.913, F.S.;

 4         deleting the requirement that insurers file

 5         product liability insurance reports;

 6         authorizing the department to require such

 7         reports upon request;

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