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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Rayson offered the following:

12

13         Amendment (with title amendment) 

14         On page 35, line 3,

15

16  insert:

17         Section 22.

18         (1)  The Department of Insurance shall, after issuing a

19  request for proposals, contract with a national independent

20  actuarial firm to conduct an actuarial analysis, consistent

21  with generally accepted actuarial practices, of the expected

22  reduction in liability judgments, settlements, and related

23  costs resulting from the provisions of this act.  The analysis

24  shall be based on credible loss cost data derived from

25  settlement or adjudication of liability claims accruing after

26  the effective date of this act.  The analysis shall include an

27  estimate of the percentage decrease in such judgments,

28  settlements, and costs by type of coverage affected by this

29  act, including the time period when such savings or reductions

30  are expected.

31         (2)  The report shall be completed and submitted to the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1  department by March 1, 2002.

 2         (3)  After March 1, 2002, the department shall review

 3  the filed rates of insurers and underwriting profits and

 4  losses for Florida liability insurance businesses, and shall

 5  require any prospective rate modifications that the department

 6  deems to be necessary to cause the rates of any specific

 7  insurer to reflect any savings resulting from the provisions

 8  of this act as determined by the actuarial analysis.  The

 9  department shall require each liability insurer's first rate

10  filing after March 1, 2002, to include specific data on the

11  impact of this act on the insurer's liability judgements,

12  settlements, and costs for the purpose of enabling the

13  department and the Legislature to accurately monitor and

14  evaluate the effects of this act.

15         (4)  The report under subsection (1) shall be

16  admissible in any proceedings relating to a liability

17  insurance rate filing if the actuary who prepared the report

18  is made available by the department to testify regarding the

19  report's preparation and validity.  Each party shall otherwise

20  bear its own cost of any such proceeding.

21         (5)  The provisions of this section do not limit the

22  authority of the department to order an insurer to refund

23  excessive profits, as provided in sections 627.066 and

24  627.215, Florida Statutes.

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26

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

28  And the title is amended as follows:

29         On page 4, line 15,

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31  after "employment;" insert:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1         requiring the Department of Insurance to

 2         contract with an actuarial firm to conduct an

 3         actuarial analyis of expected reductions in

 4         judgments and related costs resulting from

 5         litigation reforms; specifying the basis and

 6         due date for the actuarial report; providing

 7         for review of rate filings by insurers after

 8         March 1, 2002; providing that provisions do not

 9         limit the refund of excessive profits by

10         certain insurers;

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    File original & 9 copies    03/08/99
    hmo0006                     02:43 pm         00775-0090-031483