Senate Bill 1682c1
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    Florida Senate - 2000                           CS for SB 1682
    By the Committee on Governmental Oversight and Productivity
    302-1991A-00
  1                      A bill to be entitled
  2         An act relating to governmental reorganization;
  3         creating s. 17.001, F.S.; establishing the
  4         Office of the Chief Financial Officer; creating
  5         s. 20.121, F.S.; creating the Department of
  6         Financial Services; providing for the Office of
  7         the Commissioner of Insurance; providing for
  8         the Office of the Commissioner of Financial
  9         Institutions; providing for the Office of the
10         Commissioner of Securities and Finance;
11         providing for the office of the Commissioner of
12         the Treasury; establishing the manner of
13         appointment; providing qualifications;
14         transferring the Department of Banking and
15         Finance to the Department of Financial
16         Services; transferring the Department of
17         Insurance to the Department of Financial
18         Services; repealing s. 20.12, F.S.; abolishing
19         the Department of Banking and Finance;
20         repealing s. 20.13, F.S.; abolishing the
21         Department of Insurance; amending s. 20.165,
22         F.S.; transferring the Division of Certified
23         Public Accounting and the Board of Accountancy,
24         of the Department of Business and Professional
25         Regulation to the Department of Financial
26         Services; amending s. 350.061, F.S.;
27         authorizing the Public Counsel to represent the
28         public before the Insurance Rating Commission;
29         amending s. 350.0611, F.S.; authorizing the
30         Public Counsel to represent the public before
31         the Insurance Rating Commission; amending s.
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    Florida Senate - 2000                           CS for SB 1682
    302-1991A-00
  1         350.0613, F.S.; requiring the Insurance Rating
  2         Commission to furnish pleadings to the Public
  3         Counsel; creating s. 624.055, F.S.; defining
  4         the term "commission"; redesignating parts of
  5         ch. 624, F.S.; creating sections
  6         624.37-624.377, F.S.; creating the Insurance
  7         Rating Commission; establishing its powers and
  8         duties; providing for the appointment and
  9         confirmation of commissioners; establishing
10         terms of office and qualifications of
11         commissioners; establishing standards of
12         conduct; regulating ex parte communications;
13         amending ss. 175.141, 185.12, 408.701, 651.018,
14         F.S.; conforming references; amending s.
15         624.19, F.S.; authorizing the use of forms;
16         amending s. 624.307, F.S.; removing requirement
17         to employ actuaries; amending s. 624.321, F.S.;
18         conforming provisions to include the Insurance
19         Rating Commission; amending s. 624.322, F.S.;
20         conforming provisions to include the Insurance
21         Rating Commission; amending s. 626.9541, F.S.;
22         conforming provisions to substitute the
23         Insurance Rating Commission for the Department
24         of Insurance; amending s. 626.9926, F.S.;
25         conforming provisions to include the Insurance
26         Rating Commission; amending s. 627.031, F.S.;
27         substituting the Insurance Rating Commission
28         for the Department of Insurance; amending s.
29         627.0612, F.S.; conforming provisions to
30         include the commission; amending s. 627.0613,
31         F.S.; removing authority of the consumer
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    Florida Senate - 2000                           CS for SB 1682
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  1         advocate; amending s. 627.062, F.S.; conforming
  2         provisions to substitute the commission for the
  3         department; repealing arbitration provisions;
  4         amending s. 627.0628, F.S.; modifying
  5         membership on the Florida Commission on
  6         Hurricane Loss Projection Methodology; amending
  7         ss. 627.0645, 627.06501, 627.0651, 627.0653,
  8         627.06535, 627.0654, 627.066, 627.072, 627.091,
  9         627.0915, 627.0916, 627.096, 627.101, 627.111,
10         627.141, 627.151, 627.192, 627.211, 627.212,
11         627.215, 627.221, 627.231, F.S.; substituting
12         the Insurance Rating Commission for the
13         department; amending ss. 627.241, 627.281,
14         627.291, 627.301, 627.311, 627.314, 627.331,
15         627.351, 627.3512, 627.357, 627.361, 627.410,
16         627.411, 627.6475, 627.6498, 627.6675,
17         627.6699, 627.6745, 627.678, 627.682, 627.727,
18         627.780, 627.782, 627.7825, 627.783, 627.793,
19         627.9407, 636.017, 641.19, 641.31, 641.3903,
20         641.3922, 641.402, 641.42, 642.027, 648.33,
21         F.S.; conforming provisions to changes made by
22         this act; authorizing the Governor to make
23         appointments to the Insurance Rating
24         Commission; transferring regulatory authority
25         related to rates to the Insurance Rating
26         Commission; directing the Division of Statutory
27         Revision to prepare draft legislation;
28         establishing the Financial Services Transition
29         Task Force; providing membership; establishing
30         duties; creating ss. 442.0011 and
31         633.801-633.825, F.S.; transferring to the
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    Florida Senate - 2000                           CS for SB 1682
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  1         Division of State Fire Marshal, Department of
  2         Insurance, all powers, duties, and
  3         responsibilities of chapter 442, excluding ss.
  4         442.101 through 442.127, which relate to
  5         firefighter employers, firefighter employees,
  6         and firefighter places of employment, from the
  7         Division of Safety, Department of Labor and
  8         Employment Security; providing an effective
  9         date.
10
11  Be It Enacted by the Legislature of the State of Florida:
12
13         Section 1.  Effective January 7, 2003, section 17.001,
14  Florida Statutes, is created to read:
15         17.001  Financial Officer.--As provided in s. 4(c),
16  Art. IV of the State Constitution, the Chief Financial Officer
17  is the chief fiscal officer of the state and is responsible
18  for settling and approving accounts against the state and
19  keeping all state funds and securities.
20         Section 2.  Effective January 7, 2003, section 20.121,
21  Florida Statutes, is created to read:
22         20.121  Department of Financial Services.--There is
23  created a Department of Financial Services.
24         (1)  The head of the Department of Financial Services
25  is the Chief Financial Officer.
26         (2)(a)  The Division of Administration is created
27  within the Office of the Chief Financial Officer. The division
28  is headed by a director who is appointed by and serves at the
29  pleasure of the Chief Financial Officer. A Bureau of Financial
30  and Support Services is created within the division.
31
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    Florida Senate - 2000                           CS for SB 1682
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  1         (b)  The Division of Financial Investigations is
  2  created within the Office of the Chief Financial Officer. Its
  3  responsibilities include, but are not limited to, conducting
  4  investigations of insurance fraud. The division is headed by a
  5  director who is appointed by and serves at the pleasure of the
  6  Chief Financial Officer.
  7         (3)  Notwithstanding the requirements of s. 20.04 and
  8  except as otherwise provided in this section, the principal
  9  policy and program development unit of the department is the
10  "office." Each office is headed by a commissioner who is
11  appointed by and serves at the pleasure of the Chief Financial
12  Officer. Each commissioner shall perform such duties as are
13  specified in this section and such other duties as are
14  assigned by the Chief Financial Officer. The principal unit of
15  each office is the "division." Each division is headed by a
16  "director."
17         (4)(a)  The Office of the Commissioner of Insurance is
18  established in the Department of Financial Services. The
19  office shall be headed by the Commissioner of Insurance. Prior
20  to appointment as commissioner, the Commissioner of Insurance
21  must have had, within the previous 10 years, at least 5 years
22  of experience as a senior officer of an insurer, as defined in
23  s. 624.03, or insurance agency, as defined in s. 626.094, or
24  as an examiner or other senior employee of a state or federal
25  agency having regulatory responsibility over insurers or
26  insurance agencies.
27         (b)  The Office of the Commissioner of Insurance shall
28  consist of the following divisions:
29         1.  Division of Insurance Agents and Agencies;
30         2.  Division of Insurance Consumer Services;
31         3.  Division of Insurer Services;
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  1         4.  Division of Rehabilitation and Liquidation;
  2         5.  Division of Risk Management; and
  3         6.  Division of State Fire Marshal.
  4         (5)(a)  The Office of the Commissioner of Financial
  5  Institutions is established in the Department of Financial
  6  Services. The office shall be headed by the Commissioner of
  7  Financial Institutions. Prior to appointment, the Commissioner
  8  of Financial Institutions must have had, within the previous
  9  10 years, at least 5 years of experience as a senior officer
10  of a financial institution, as defined in s. 655.005(h), or as
11  an examiner or other senior employee of a state or federal
12  agency having regulatory responsibility over financial
13  institutions.
14         (b)  The Office of the Commissioner of Financial
15  Institutions shall consist of the following divisions:
16         1.  Division of Banking; and
17         2.  Division of Credit Unions.
18         (c)  For purposes of chapter 120, the Commissioner of
19  Financial Institutions is the agency head for all divisions
20  within the Office of the Commissioner of Financial
21  Institutions. The commissioner shall be responsible for, and
22  take final agency action related to, the implementation and
23  enforcement of all statutes and rules within the regulatory
24  authority delegated to the Office of the Commissioner of
25  Financial Institutions and the divisions created within that
26  office. The Commissioner of Financial Institutions may serve
27  as the Director of the Division of Banking or the Director of
28  the Division of Credit Unions, or both.
29         (6)(a)  The Office of the Commissioner of Securities
30  and Finance is established within the Department of Financial
31  Services. The office shall be headed by the Commissioner of
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  1  Securities and Finance. Prior to appointment, the Commissioner
  2  of Securities and Finance must have had, within the previous
  3  10 years, at least 5 years of experience as a senior officer
  4  of a securities or finance company or as an examiner or other
  5  senior employee of a state or federal agency having regulatory
  6  responsibility over securities or finance companies.
  7         (b)  The Office of the Commissioner of Securities and
  8  Finance shall consist of the following divisions:
  9         1.  Division of Securities and Finance; and
10         2.  Division of Certified Public Accounting.
11         (c)  For purposes of chapter 120, the Commissioner of
12  Securities and Finance is the agency head for all divisions
13  within the Office of the Commissioner of Securities and
14  Finance. The commissioner shall be responsible for, and take
15  final agency action related to, the implementation and
16  enforcement of all statutes and rules within the regulatory
17  authority delegated to the Office of the Commissioner of
18  Securities and Finance. The Commissioner of Securities and
19  Finance may serve as Director of the Division of Securities
20  and Finance.
21         (7)(a)  The Office of the Commissioner of Treasury is
22  established in the Department of Financial Services. The
23  office shall be headed by the Commissioner of the Treasury.
24  The Commissioner of the Treasury must possess sufficient
25  education, business experience, and managerial ability to
26  effectively perform his or her duties.
27         (b)  The Office of the Commissioner of the Treasury
28  shall consist of the following divisions:
29         1.  Division of Accounting and Auditing, which is
30  responsible for, without limitation, unclaimed property;
31         2.  Division of Information Services; and
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  1         3.  Division of Treasury. A section of Government
  2  Employee Deferred Compensation is created within the Division
  3  of Treasury which shall administer the Government Employees
  4  Deferred Compensation Plan established under s. 112.215 for
  5  state employees.
  6         Section 3.  Effective January 7, 2003, the Department
  7  of Banking and Finance is transferred by a type two transfer,
  8  as defined in section 20.06, Florida Statutes, to the
  9  Department of Financial Services.
10         Section 4.  Effective January 7, 2003, the Department
11  of Insurance is transferred by a type two transfer, as defined
12  in section 20.06, Florida Statutes, to the Department of
13  Financial Services.
14         Section 5.  Effective January 7, 2003, section 20.12,
15  Florida Statutes, is repealed.
16         Section 6.  Effective January 7, 2003, section 20.13,
17  Florida Statutes, is repealed.
18         Section 7.  Effective January 7, 2003, subsections (2)
19  and (4) of section 20.165, Florida Statutes, are amended to
20  read:
21         20.165  Department of Business and Professional
22  Regulation.--There is created a Department of Business and
23  Professional Regulation.
24         (2)  The following divisions of the Department of
25  Business and Professional Regulation are established:
26         (a)  Division of Administration.
27         (b)  Division of Alcoholic Beverages and Tobacco.
28         (c)  Division of Certified Public Accounting.
29         1.  The director of the division shall be appointed by
30  the secretary of the department, subject to approval by a
31  majority of the Board of Accountancy.
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  1         2.  The offices of the division shall be located in
  2  Gainesville.
  3         (c)(d)  Division of Florida Land Sales, Condominiums,
  4  and Mobile Homes.
  5         (d)(e)  Division of Hotels and Restaurants.
  6         (e)(f)  Division of Pari-mutuel Wagering.
  7         (f)(g)  Division of Professions.
  8         (g)(h)  Division of Real Estate.
  9         1.  The director of the division shall be appointed by
10  the secretary of the department, subject to approval by a
11  majority of the Florida Real Estate Commission.
12         2.  The offices of the division shall be located in
13  Orlando.
14         (h)(i)  Division of Regulation.
15         (i)(j)  Division of Technology, Licensure, and Testing.
16         (4)(a)  The following boards are established within the
17  Division of Professions:
18         1.  Board of Architecture and Interior Design, created
19  under part I of chapter 481.
20         2.  Florida Board of Auctioneers, created under part VI
21  of chapter 468.
22         3.  Barbers' Board, created under chapter 476.
23         4.  Florida Building Code Administrators and Inspectors
24  Board, created under part XII of chapter 468.
25         5.  Construction Industry Licensing Board, created
26  under part I of chapter 489.
27         6.  Board of Cosmetology, created under chapter 477.
28         7.  Electrical Contractors' Licensing Board, created
29  under part II of chapter 489.
30         8.  Board of Employee Leasing Companies, created under
31  part XI of chapter 468.
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  1         9.  Board of Funeral Directors and Embalmers, created
  2  under chapter 470.
  3         10.  Board of Landscape Architecture, created under
  4  part II of chapter 481.
  5         11.  Board of Pilot Commissioners, created under
  6  chapter 310.
  7         12.  Board of Professional Engineers, created under
  8  chapter 471.
  9         13.  Board of Professional Geologists, created under
10  chapter 492.
11         14.  Board of Professional Surveyors and Mappers,
12  created under chapter 472.
13         15.  Board of Veterinary Medicine, created under
14  chapter 474.
15         (b)  The following board and commission are established
16  within the Division of Real Estate:
17         1.  Florida Real Estate Appraisal Board, created under
18  part II of chapter 475.
19         2.  Florida Real Estate Commission, created under part
20  I of chapter 475.
21         (c)  The following board is established within the
22  Division of Certified Public Accounting:
23         1.  Board of Accountancy, created under chapter 473.
24         Section 8.  Effective January 7, 2003, the Division of
25  Certified Public Accounting and the Board of Accountancy
26  created under chapter 473, Florida Statutes, are transferred
27  to the Department of Financial Services by a type two
28  transfer, as defined in section 20.06, Florida Statutes.
29         Section 9.  Subsection (1) of section 350.061, Florida
30  Statutes, is amended to read:
31
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    Florida Senate - 2000                           CS for SB 1682
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  1         350.061  Public Counsel; appointment; oath;
  2  restrictions on Public Counsel and his or her employees.--
  3         (1)  The Joint Legislative Auditing Committee shall
  4  appoint a Public Counsel by majority vote of the members of
  5  the committee to represent the general public of Florida
  6  before the Florida Public Service Commission and the Insurance
  7  Rating Commission. The Public Counsel shall be an attorney
  8  admitted to practice before the Florida Supreme Court and
  9  shall serve at the pleasure of the Joint Legislative Auditing
10  Committee, subject to annual reconfirmation by the committee.
11  Vacancies in the office shall be filled in the same manner as
12  the original appointment.
13         Section 10.  Section 350.0611, Florida Statutes, is
14  amended to read:
15         350.0611  Public Counsel; duties and powers.--It shall
16  be the duty of the Public Counsel to provide legal
17  representation for the people of the state in proceedings
18  before the Public Service Commission and the Insurance Rating
19  Commission. As used in this section, the term "commission"
20  includes both such commissions.  The Public Counsel shall have
21  such powers as are necessary to carry out the duties of his or
22  her office, including, but not limited to, the following
23  specific powers:
24         (1)  To recommend to the commission, by petition, the
25  commencement of any proceeding or action or to appear, in the
26  name of the state or its citizens, in any proceeding or action
27  before the commission and urge therein any position which he
28  or she deems to be in the public interest, whether consistent
29  or inconsistent with positions previously adopted by the
30  commission, and utilize therein all forms of discovery
31  available to attorneys in civil actions generally, subject to
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  1  protective orders of the commission which shall be reviewable
  2  by summary procedure in the circuit courts of this state;
  3         (2)  To have access to and use of all files, records,
  4  and data of the commission available to any other attorney
  5  representing parties in a proceeding before the commission;
  6         (3)  In any proceeding in which he or she has
  7  participated as a party, to seek review of any determination,
  8  finding, or order of the commission, or of any hearing
  9  examiner designated by the commission, in the name of the
10  state or its citizens;
11         (4)  To prepare and issue reports, recommendations, and
12  proposed orders to the commission, the Governor, and the
13  Legislature on any matter or subject within the jurisdiction
14  of the commission, and to make such recommendations as he or
15  she deems appropriate for legislation relative to commission
16  procedures, rules, jurisdiction, personnel, and functions;
17         (5)  To appear before other state agencies, federal
18  agencies, and state and federal courts in connection with
19  matters under the jurisdiction of the commission, in the name
20  of the state or its citizens.
21         Section 11.  Section 350.0613, Florida Statutes, is
22  amended to read:
23         350.0613  Public Counsel; employees; receipt of
24  pleadings.--The committee may authorize the Public Counsel to
25  employ clerical and technical assistants whose qualifications,
26  duties, and responsibilities the committee shall from time to
27  time prescribe. The committee may from time to time authorize
28  retention of the services of additional attorneys or experts
29  to the extent that the best interests of the people of the
30  state will be better served thereby, including the retention
31  of expert witnesses and other technical personnel for
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  1  participation in contested proceedings before the commission.
  2  The Public Service Commission and the Insurance Rating
  3  Commission shall furnish the Public Counsel with copies of the
  4  initial pleadings in all proceedings before the commission,
  5  and if the Public Counsel intervenes as a party in any
  6  proceeding he or she shall be served with copies of all
  7  subsequent pleadings, exhibits, and prepared testimony, if
  8  used. Upon filing notice of intervention, the Public Counsel
  9  shall serve all interested parties with copies of such notice
10  and all of his or her subsequent pleadings and exhibits.
11         Section 12.  Section 624.055, Florida Statutes, is
12  created to read:
13         624.055  "Commission" defined.--As used in the Florida
14  Insurance Code, the term "commission" means the Insurance
15  Rating Commission as established pursuant to s. 624.37.
16         Section 13.  Sections 624.401-624.489, Florida
17  Statutes, are redesignated as part IV of chapter 624, Florida
18  Statutes; sections 624.501-624.610, Florida Statutes, are
19  redesignated as part V of chapter 624, Florida Statutes;
20  sections 624.601-624.610, Florida Statutes, are redesignated
21  as part VI of chapter 624, Florida Statutes; and sections
22  624.80-624.91, Florida Statutes, are redesignated as part VII
23  of chapter 624, Florida Statutes.
24         Section 14.  Part III of chapter 624, Florida Statutes,
25  consisting of sections 624.37, 624.371, 624.372, 624.373,
26  624.374, 624.375, 624.376, and 624.377, Florida Statutes, is
27  created to read:
28                             Part III
29                   Insurance Rating Commission
30         624.37  Insurance Rating Commission; creation;
31  legislative intent.--There is created the Insurance Rating
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  1  Commission, an independent commission housed within the
  2  Department of Insurance. The Insurance Rating Commission shall
  3  have authority to approve rates for insurance as provided in
  4  this code, effective January 1, 2001, and shall exercise the
  5  powers and duties with respect to insurance rates which are
  6  provided to the department.
  7         624.371  Insurance Rating Commission; terms of
  8  commissioners.--
  9         (1)  The Insurance Rating Commission is
10  administratively housed in, but independent of, the
11  department. The commission shall have such powers and duties
12  regarding rates for insurance policies and health maintenance
13  organization contracts as are provided in the Florida
14  Insurance Code.
15         (2)  The commission shall consist of five full-time,
16  salaried commissioners appointed by the Governor and confirmed
17  by the Senate.
18         (3)  For the initial appointment of the commission, two
19  members must be appointed for 2-year terms, one member must be
20  appointed for a 3-year term, and two members must be appointed
21  for 4-year terms. All subsequent appointments of commissioners
22  will be for 4-year terms. Vacancies on the commission shall be
23  filled for the unexpired portion of the term.
24         (4)  One member of the commission shall be elected by
25  majority vote to serve as chair for a term of 2 years. A
26  member may not serve two consecutive terms as chair.
27         (5)  The primary duty of the chair is to serve as chief
28  administrative officer of the commission. The chair may also
29  participate in any proceedings pending before the commission.
30  The chair may assign the various proceedings pending before
31  the commission requiring hearings to two or more commissioners
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  1  or to the commission's office of hearing examiners under the
  2  supervision of the office of general counsel. Only those
  3  commissioners assigned to a proceeding requiring hearings may
  4  participate in the final decision of the commission as to that
  5  proceeding; however, if only two commissioners are assigned to
  6  a proceeding requiring hearings and they cannot agree on a
  7  final decision, the chair shall cast the deciding vote for
  8  final disposition of the proceeding. If more than two
  9  commissioners are assigned to any proceeding, a majority of
10  the members assigned constitutes a quorum and a majority vote
11  of the members assigned is required for final commission
12  disposition of those proceedings requiring actual
13  participation by the commissioners. If a commissioner becomes
14  unavailable after assignment to a particular proceeding, the
15  chair shall assign a substitute commissioner. In those
16  proceedings assigned to a hearing examiner, following the
17  conclusion of the hearings, the designated hearing examiner
18  shall prepare recommendations for final disposition by a
19  majority vote of the commission. A petition for
20  reconsideration must be voted upon by those commissioners
21  participating in the final disposition of the proceedings.
22         (6)  A majority of the commissioners may determine that
23  the full commission will sit in any proceeding. The public
24  counsel or a person or entity whose rates are regulated by the
25  commission and substantially affected by a proceeding may file
26  a petition requesting that the proceeding be assigned to the
27  full commission. Within 15 days after receipt by the
28  commission of any petition or application, the full commission
29  shall dispose of the petition by majority vote and render a
30  written decision thereon prior to assignment of less than the
31  full commission to a proceeding. In disposing of a petition,
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  1  the commission shall consider the overall public interest and
  2  impact of the pending proceeding, including, but not limited
  3  to, the magnitude of a rate filing, the number of
  4  policyholders and insureds affected, and the total premium
  5  revenues requested.
  6         (7)  This section does not prohibit a commissioner who
  7  is designated by the chair from conducting a hearing as
  8  provided under ss. 120.569 and 120.57(1) and the rules of the
  9  commission adopted pursuant thereto.
10         624.372  Qualifications of commissioners.--
11         (1)  Each member of the commission must be competent
12  and knowledgeable, based on actual experience, in at least one
13  of the following subject areas or disciplines:  insurance;
14  accounting; actuarial science; law; or finance.
15         (2)  A commissioner may not, at the time of appointment
16  or during his or her term of office:
17         (a)  Have any financial interest, other than ownership
18  of shares in a mutual fund or interest as a policyholder or
19  contract holder of a stock or mutual insurer or health
20  maintenance organization, in any business entity that,
21  directly or indirectly, owns or controls any person or entity
22  regulated by the commission, in any person or entity regulated
23  by the commission, or in any business entity that, either
24  directly or indirectly, is an affiliate or subsidiary of any
25  person or entity regulated by the commission.
26         (b)  Be employed by or engaged in any business activity
27  with any business entity that, directly or indirectly, owns or
28  controls any person or entity regulated by the commission, any
29  person or entity regulated by the commission, or any business
30  entity that, directly or indirectly, is an affiliate or
31
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  1  subsidiary of any person or entity regulated by the
  2  commission.
  3         (3)  If any commissioner becomes disqualified, he or
  4  she shall at once remove such disqualification or resign, and
  5  upon his or her failure to do so, he or she shall be suspended
  6  from office by the Governor.
  7         624.373  Commissioners; standards of conduct.--
  8         (1)  LEGISLATIVE INTENT.--In addition to the provision
  9  of part III of chapter 112, which are applicable to insurance
10  rating commissioners by virtue of their being public officers
11  and full-time employees of the executive branch of government,
12  the conduct of insurance rating commissioners is governed by
13  the standards of conduct provided in this section. In the
14  event of a conflict between this section and part III of
15  chapter 112, the more restrictive provision shall apply.
16         (2)  STANDARDS OF CONDUCT.--
17         (a)  A commissioner may not accept anything from any
18  business or entity that, directly or indirectly, owns or
19  controls any person or entity regulated by the commission,
20  from any person or entity regulated by the commission, or from
21  any business entity that, directly or indirectly, is an
22  affiliate or subsidiary of any person or entity regulated by
23  the commission.
24         (b)  If a commissioner acquires any financial interest
25  prohibited by s. 624.372 during his or her term of office as a
26  result of events or actions beyond the commissioner's control,
27  he or she shall immediately sell such financial interest or
28  place such financial interest in a blind trust at a financial
29  institution. A commissioner may not attempt to influence or
30  exercise any control over decisions regarding the blind trust.
31
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  1         (c)  A commissioner may not accept anything from a
  2  party in a proceeding pending before the commission.
  3         (d)  A commissioner, while in office, may not serve as
  4  the representative of any political party or on any executive
  5  committee or other governing body of a political party; serve
  6  as an executive officer or employee of any political party,
  7  committee, organization, or association; receive remuneration
  8  for activities on behalf of any candidate for public office;
  9  engage on behalf of any candidate for public office in the
10  solicitation of votes or other activities on behalf of such
11  candidacy; or become a candidate for election to any public
12  office.
13         (e)  A commissioner, during his or her term of office,
14  may not make any public comment regarding the merits of any
15  proceeding under ss. 120.569 and 120.57 which is pending
16  before the commission.
17         (f)  A commissioner may not conduct himself or herself
18  in an unprofessional manner at any time during the performance
19  of his or her duties.
20         (3)  The Commission on Ethics shall accept and
21  investigate any alleged violations of this section pursuant to
22  the procedures contained in ss. 112.322-112.3241. The
23  Commission on Ethics shall provide the Governor with a report
24  of its findings and recommendations. The Governor may enforce
25  the findings and recommendations of the Commission on Ethics,
26  pursuant to part III of chapter 112. An insurance rating
27  commissioner may request an advisory opinion from the
28  Commission on Ethics, pursuant to s. 112.322(3)(a), regarding
29  the standards of conduct or prohibitions set forth in this
30  section and in ss. 624.372, 624.374, and 624.377.
31         624.374  Ex parte communications.--
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  1         (1)  A commissioner should accord to every person who
  2  is legally interested in a proceeding, or the person's
  3  attorney, full right to be heard according to law, and except
  4  as authorized by law, may not initiate or consider ex parte
  5  communications concerning the merits, threat, or offer of
  6  reward in any proceeding other than a proceeding under s.
  7  120.54 or s. 120.565, workshops, or internal-affairs meetings.
  8  No individual may discuss ex parte with a commissioner the
  9  merits of any issue that he or she knows will be filed with
10  the commission within 90 days. This subsection does not apply
11  to commission staff.
12         (2)  This section does not prohibit any individual
13  policyholder from communicating with a commissioner, provided
14  that the policyholder is representing only himself or herself
15  without compensation.
16         (3)  This section does not apply to oral communications
17  or discussions in scheduled and noticed open public meetings
18  of educational programs or of a conference or other meeting of
19  an association of regulatory agencies.
20         (4)  If a commissioner knowingly receives an ex parte
21  communication relative to a proceeding, other than as set
22  forth in subsection (1), to which he or she is assigned, he or
23  she must place on the record of the proceeding copies of all
24  written communications received and all written responses to
25  the communications and a memorandum stating the substance of
26  all oral communications received and all oral responses made,
27  and shall give written notice to all parties to the
28  communication that such matters have been placed on the
29  record. Any party who wishes to respond to an ex parte
30  communication may do so. The response must be received by the
31  commission within 10 days after receiving notice that the ex
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  1  parte communication has been placed on the record. The
  2  commissioner may, if he or she considers it necessary to avert
  3  the effects of an ex parte communication received by him or
  4  her, withdraw from the proceeding, in which case the chair
  5  shall substitute another commissioner for the proceeding.
  6         (5)  Any individual who makes an ex parte communication
  7  shall submit to the commission a written statement that
  8  describes the nature of the communication and includes the
  9  name of the person making the communication, the name of the
10  commissioner or commissioners receiving the communication,
11  copies of all written communications made and all written
12  responses to the communication, and a memorandum stating the
13  substance of all oral communications received on all oral
14  responses made. The commission shall place on the record of a
15  proceeding all such communications.
16         (6)  Any commissioner who knowingly fails to place on
17  the record any ex parte communications, in violation of this
18  section, within 15 days after the date of such communication
19  is subject to removal and may be assessed a civil penalty not
20  to exceed $5,000.
21         (7)(a)  It is the duty of the Commission on Ethics to
22  receive and investigate sworn complaints of violations of this
23  section pursuant to the procedures contained in ss.
24  112.322-112.3241.
25         (b)  If the Commission on Ethics finds that there has
26  been a violation of this section by a public service
27  commissioner, it shall provide the Governor with a report of
28  its findings and recommendations. The Governor may enforce the
29  findings and recommendations of the Commission on Ethics
30  pursuant to part III of chapter 112.
31
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  1         (c)  If a commissioner fails or refuses to pay the
  2  Commission on Ethics any civil penalty assessed under this
  3  section, the Commission on Ethics may bring an action in any
  4  circuit court to enforce the penalty.
  5         624.375  Enforcement and interpretation.--Any violation
  6  of s. 624.372, s. 624.373, or s. 624.374, or s. 624.377 by a
  7  commissioner, former commissioner, or former employee is be
  8  punishable as provided in ss. 112.317 and 112.324. The
  9  Commission on Ethics may investigate complaints of violation
10  of such sections in the manner provided in part III of chapter
11  112. A commissioner may request an advisory opinion from the
12  Commission of Ethics as provided by s. 112.322(3)(a).
13         624.376  Place of meeting; expenditures; employment of
14  personnel.--
15         (1)  The offices of the commission must be located in
16  the vicinity of Tallahassee, but the commissioners may hold
17  sessions or hearings anywhere in the state at their
18  discretion.
19         (2)  The commission constitutes a separate budget
20  entity to be funded by appropriations from the Insurance
21  Commissioner's Regulatory Trust Fund.
22         (3)  The commission may employ clerical, technical, and
23  professional personnel reasonably necessary for the
24  performance of its duties.
25         (4)  The commission may employ actuaries, who shall be
26  at-will employees and who shall serve at the pleasure of the
27  commission. Actuaries employed under this subsection must be
28  members of the Society of Actuaries or the Casualty Actuarial
29  Society and are exempt from the Career Service System
30  established under chapter 110. The commission shall set the
31  salaries of the actuaries employed under this subsection in
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  1  accordance with s. 216.251(2)(a)5. at levels that are
  2  commensurate with salary levels paid to actuaries by the
  3  insurance industry.
  4         624.377  Former commissioners and employees;
  5  representation of clients before commission.--
  6         (1)  Any former commissioner of the Insurance Rating
  7  Commission is prohibited, for a period of 2 years following
  8  termination of service on the commission, from representing
  9  before the commission any client regulated by the commission.
10         (2)  Any former employee of the commission is
11  prohibited from representing before the commission any client
12  regulated by the commission on any matter that was pending at
13  the time of the employee's termination and in which such
14  former employee had participated.
15         (3)  For a period of 2 years following termination of
16  service on the commission, a former member may not accept
17  employment by or compensation from a business entity that,
18  directly or indirectly, owns or controls a person or entity
19  regulated by the commission, from a person or entity regulated
20  by the commission, from a business entity that, directly or
21  indirectly, is an affiliate or subsidiary of a person or
22  entity regulated by the commission, or from a business entity
23  or trade association that has been a party to a commission
24  proceeding that was pending within the 2 years preceding the
25  member's termination of service on the commission.
26         Section 15.  Section 175.141, Florida Statutes, is
27  amended to read:
28         175.141  Payment of excise tax credit on similar state
29  excise or license tax.--The tax herein authorized to be
30  imposed by each municipality and each special fire control
31  district shall in nowise be in addition to any similar state
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  1  excise or license tax imposed by part V IV of chapter 624, but
  2  the payor of the tax hereby authorized shall receive credit
  3  therefor on his or her said state excise or license tax and
  4  the balance of said state excise or license tax shall be paid
  5  to the Department of Revenue as provided by law.
  6         Section 16.  Section 185.12, Florida Statutes, is
  7  amended to read:
  8         185.12  Payment of excise tax credit on similar state
  9  excise or license tax.--The tax herein authorized shall in
10  nowise be additional to the similar state excise or license
11  tax imposed by part V IV, chapter 624, but the payor of the
12  tax hereby authorized shall receive credit therefor on his or
13  her state excise or license tax and the balance of said state
14  excise or license tax shall be paid to the Department of
15  Revenue as provided by law.
16         Section 17.  Subsection (14) of section 408.701,
17  Florida Statutes, is amended to read:
18         408.701  Community health purchasing; definitions.--As
19  used in ss. 408.70-408.706, the term:
20         (14)  "Health insurer" or "insurer" means an
21  organization licensed by the department under part IV III of
22  chapter 624 or part I of chapter 641.
23         Section 18.  Section 651.018, Florida Statutes, is
24  amended to read:
25         651.018  Administrative supervision.--The department
26  may place a facility in administrative supervision pursuant to
27  part VII VI of chapter 624.
28         Section 19.  Section 624.19, Florida Statutes, is
29  amended to read:
30         624.19  Existing forms and filings.--Every form of
31  insurance document and every rate or other filing lawfully in
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  1  use immediately prior to October 1, 1959, may continue to be
  2  so used or be effective until the department or commission
  3  otherwise prescribes pursuant to this code.
  4         Section 20.  Subsections (6) and (7) of section
  5  624.307, Florida Statutes, are amended to read:
  6         624.307  General powers; duties.--
  7         (6)  The department may employ actuaries who shall be
  8  at-will employees and who shall serve at the pleasure of the
  9  Insurance Commissioner. Actuaries employed pursuant to this
10  paragraph shall be members of the Society of Actuaries or the
11  Casualty Actuarial Society and shall be exempt from the Career
12  Service System established under chapter 110.  The salaries of
13  the actuaries employed pursuant to this paragraph by the
14  department shall be set in accordance with s. 216.251(2)(a)5.
15  and shall be set at levels which are commensurate with salary
16  levels paid to actuaries by the insurance industry.
17         (6)(7)  The department shall, within existing
18  resources, develop and implement an outreach program for the
19  purpose of encouraging the entry of additional insurers into
20  the Florida market.
21         Section 21.  Subsection (1) of section 624.321, Florida
22  Statutes, is amended to read:
23         624.321  Witnesses and evidence.--
24         (1)  As to any examination, investigation, or hearing
25  being conducted under this code, the Insurance Commissioner
26  and Treasurer or her or his designee or a member of the
27  Insurance Rating Commission or his or her designee:
28         (a)  May administer oaths, examine and cross-examine
29  witnesses, receive oral and documentary evidence; and
30         (b)  Shall have the power to subpoena witnesses, compel
31  their attendance and testimony, and require by subpoena the
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  1  production of books, papers, records, files, correspondence,
  2  documents, or other evidence which is relevant to the inquiry.
  3         Section 22.  Section 624.322, Florida Statutes, is
  4  amended to read:
  5         624.322  Testimony compelled; immunity from
  6  prosecution.--
  7         (1)  If any natural person asks to be excused from
  8  attending or testifying or from producing any books, papers,
  9  records, contracts, documents, or other evidence in connection
10  with any examination, hearing, or investigation being
11  conducted by the department or the commission or the examiners
12  of either its examiner, on the ground that the testimony or
13  evidence required of her or him may tend to incriminate the
14  person or subject her or him to a penalty or forfeiture, and
15  shall notwithstanding be directed to give such testimony or
16  produce such evidence, the person must, if so directed by the
17  department or commission and the Department of Legal Affairs,
18  nonetheless comply with such direction; but she or he shall
19  not thereafter be prosecuted or subjected to any penalty or
20  forfeiture for or on account of any transaction, matter, or
21  thing concerning which she or he may have so testified or
22  produced evidence; and no testimony so given or evidence
23  produced shall be received against the person upon any
24  criminal action, investigation, or proceeding.  However, no
25  such person so testifying shall be exempt from prosecution or
26  punishment for any perjury committed by her or him in such
27  testimony, and the testimony or evidence so given or produced
28  shall be admissible against her or him upon any criminal
29  action, investigation, or proceeding concerning such perjury.
30  No license or permit conferred or to be conferred to such
31
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  1  person shall be refused, suspended, or revoked based upon the
  2  use of such testimony.
  3         (2)  Any such individual may execute, acknowledge, and
  4  file in the office of the Department of Insurance or
  5  commission, whichever is applicable, a statement expressly
  6  waiving such immunity or privilege in respect to any
  7  transaction, matter, or thing specified in such statement; and
  8  thereupon the testimony of such individual or such evidence in
  9  relation to such transaction, matter, or thing may be received
10  or produced before any judge or justice, court, tribunal,
11  grand jury, or otherwise; and, if so received or produced,
12  such individual shall not be entitled to any immunity or
13  privileges on account of any testimony she or he may so give
14  or evidence so produced.
15         Section 23.  Paragraph (o) of subsection (1) of section
16  626.9541, Florida Statutes, is amended to read:
17         626.9541  Unfair methods of competition and unfair or
18  deceptive acts or practices defined.--
19         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
20  DECEPTIVE ACTS.--The following are defined as unfair methods
21  of competition and unfair or deceptive acts or practices:
22         (o)  Illegal dealings in premiums; excess or reduced
23  charges for insurance.--
24         1.  Knowingly collecting any sum as a premium or charge
25  for insurance, which is not then provided, or is not in due
26  course to be provided, subject to acceptance of the risk by
27  the insurer, by an insurance policy issued by an insurer as
28  permitted by this code.
29         2.  Knowingly collecting as a premium or charge for
30  insurance any sum in excess of or less than the premium or
31  charge applicable to such insurance, in accordance with the
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  1  applicable classifications and rates as filed with and
  2  approved by the commission department, and as specified in the
  3  policy; or, in cases when classifications, premiums, or rates
  4  are not required by this code to be so filed and approved,
  5  premiums and charges in excess of or less than those specified
  6  in the policy and as fixed by the insurer.  This provision
  7  shall not be deemed to prohibit the charging and collection,
  8  by surplus lines agents licensed under part VIII of this
  9  chapter, of the amount of applicable state and federal taxes,
10  or fees as authorized by s. 626.916(4), in addition to the
11  premium required by the insurer or the charging and
12  collection, by licensed agents, of the exact amount of any
13  discount or other such fee charged by a credit card facility
14  in connection with the use of a credit card, as authorized by
15  subparagraph (q)3., in addition to the premium required by the
16  insurer.  This subparagraph shall not be construed to prohibit
17  collection of a premium for a universal life or a variable or
18  indeterminate value insurance policy made in accordance with
19  the terms of the contract.
20         3.a.  Imposing or requesting an additional premium for
21  a policy of motor vehicle liability, personal injury
22  protection, medical payment, or collision insurance or any
23  combination thereof or refusing to renew the policy solely
24  because the insured was involved in a motor vehicle accident
25  unless the insurer's file contains information from which the
26  insurer in good faith determines that the insured was
27  substantially at fault in the accident.
28         b.  An insurer which imposes and collects such a
29  surcharge or which refuses to renew such policy shall, in
30  conjunction with the notice of premium due or notice of
31  nonrenewal, notify the named insured that he or she is
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  1  entitled to reimbursement of such amount or renewal of the
  2  policy under the conditions listed below and will subsequently
  3  reimburse him or her or renew the policy, if the named insured
  4  demonstrates that the operator involved in the accident was:
  5         (I)  Lawfully parked;
  6         (II)  Reimbursed by, or on behalf of, a person
  7  responsible for the accident or has a judgment against such
  8  person;
  9         (III)  Struck in the rear by another vehicle headed in
10  the same direction and was not convicted of a moving traffic
11  violation in connection with the accident;
12         (IV)  Hit by a "hit-and-run" driver, if the accident
13  was reported to the proper authorities within 24 hours after
14  discovering the accident;
15         (V)  Not convicted of a moving traffic violation in
16  connection with the accident, but the operator of the other
17  automobile involved in such accident was convicted of a moving
18  traffic violation;
19         (VI)  Finally adjudicated not to be liable by a court
20  of competent jurisdiction;
21         (VII)  In receipt of a traffic citation which was
22  dismissed or nolle prossed; or
23         (VIII)  Not at fault as evidenced by a written
24  statement from the insured establishing facts demonstrating
25  lack of fault which are not rebutted by information in the
26  insurer's file from which the insurer in good faith determines
27  that the insured was substantially at fault.
28         c.  In addition to the other provisions of this
29  subparagraph, an insurer may not fail to renew a policy if the
30  insured has had only one accident in which he or she was at
31  fault within the current 3-year period. However, an insurer
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  1  may nonrenew a policy for reasons other than accidents in
  2  accordance with s. 627.728.  This subparagraph does not
  3  prohibit nonrenewal of a policy under which the insured has
  4  had three or more accidents, regardless of fault, during the
  5  most recent 3-year period.
  6         4.  Imposing or requesting an additional premium for,
  7  or refusing to renew, a policy for motor vehicle insurance
  8  solely because the insured committed a noncriminal traffic
  9  infraction as described in s. 318.14 unless the infraction is:
10         a.  A second infraction committed within an 18-month
11  period, or a third or subsequent infraction committed within a
12  36-month period.
13         b.  A violation of s. 316.183, when such violation is a
14  result of exceeding the lawful speed limit by more than 15
15  miles per hour.
16         5.  Upon the request of the insured, the insurer and
17  licensed agent shall supply to the insured the complete proof
18  of fault or other criteria which justifies the additional
19  charge or cancellation.
20         6.  No insurer shall impose or request an additional
21  premium for motor vehicle insurance, cancel or refuse to issue
22  a policy, or refuse to renew a policy because the insured or
23  the applicant is a handicapped or physically disabled person,
24  so long as such handicap or physical disability does not
25  substantially impair such person's mechanically assisted
26  driving ability.
27         7.  No insurer may cancel or otherwise terminate any
28  insurance contract or coverage, or require execution of a
29  consent to rate endorsement, during the stated policy term for
30  the purpose of offering to issue, or issuing, a similar or
31  identical contract or coverage to the same insured with the
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  1  same exposure at a higher premium rate or continuing an
  2  existing contract or coverage with the same exposure at an
  3  increased premium.
  4         8.  No insurer may issue a nonrenewal notice on any
  5  insurance contract or coverage, or require execution of a
  6  consent to rate endorsement, for the purpose of offering to
  7  issue, or issuing, a similar or identical contract or coverage
  8  to the same insured at a higher premium rate or continuing an
  9  existing contract or coverage at an increased premium without
10  meeting any applicable notice requirements.
11         9.  No insurer shall, with respect to premiums charged
12  for motor vehicle insurance, unfairly discriminate solely on
13  the basis of age, sex, marital status, or scholastic
14  achievement.
15         10.  Imposing or requesting an additional premium for
16  motor vehicle comprehensive or uninsured motorist coverage
17  solely because the insured was involved in a motor vehicle
18  accident or was convicted of a moving traffic violation.
19         11.  No insurer shall cancel or issue a nonrenewal
20  notice on any insurance policy or contract without complying
21  with any applicable cancellation or nonrenewal provision
22  required under the Florida Insurance Code.
23         12.  No insurer shall impose or request an additional
24  premium, cancel a policy, or issue a nonrenewal notice on any
25  insurance policy or contract because of any traffic infraction
26  when adjudication has been withheld and no points have been
27  assessed pursuant to s. 318.14(9) and (10).  However, this
28  subparagraph does not apply to traffic infractions involving
29  accidents in which the insurer has incurred a loss due to the
30  fault of the insured.
31
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  1         Section 24.  Section 626.9926, Florida Statutes, is
  2  amended to read:
  3         626.9926  Rate regulation not authorized.--Nothing in
  4  this act shall be construed to authorize the department or
  5  commission to directly or indirectly regulate the amount paid
  6  as consideration for entry into a viatical settlement contract
  7  or viatical settlement purchase agreement.
  8         Section 25.  Subsection (2) of section 627.031, Florida
  9  Statutes, is amended to read:
10         627.031  Purposes of this part; interpretation.--
11         (2)  It is the purpose of this part to protect
12  policyholders and the public against the adverse effects of
13  excessive, inadequate, or unfairly discriminatory insurance
14  rates, and to authorize the commission department to regulate
15  such rates.  If at any time the commission department has
16  reason to believe any such rate is excessive, inadequate, or
17  unfairly discriminatory under the law, it is directed to take
18  the necessary action to cause such rate to comply with the
19  laws of this state.
20         Section 26.  Section 627.0612, Florida Statutes, is
21  amended to read:
22         627.0612  Administrative proceedings in rating
23  determinations.--In any proceeding to determine whether rates,
24  rating plans, or other matters governed by this part comply
25  with the law, the appellate court shall set aside a final
26  order of the department or commission if the department or
27  commission has violated s. 120.57(1)(k) by substituting its
28  findings of fact for findings of an administrative law judge
29  which were supported by competent substantial evidence.
30         Section 27.  Subsection (3) of section 627.0613,
31  Florida Statutes, is amended to read:
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  1         627.0613  Consumer advocate.--The Insurance
  2  Commissioner must appoint a consumer advocate who must
  3  represent the general public of the state before the
  4  department.  The consumer advocate must report directly to the
  5  Insurance Commissioner, but is not otherwise under the
  6  authority of the department or of any employee of the
  7  department.  The consumer advocate has such powers as are
  8  necessary to carry out the duties of the office of consumer
  9  advocate, including, but not limited to, the powers to:
10         (3)  Examine rate and form filings submitted to the
11  department, hire consultants as necessary to aid in the review
12  process, and recommend to the department any position deemed
13  by the consumer advocate to be in the public interest.
14         Section 28.  Subsections (2), (3), and (6) of section
15  627.062, Florida Statutes, are amended to read:
16         627.062  Rate standards.--
17         (2)  As to all such classes of insurance:
18         (a)  Insurers or rating organizations shall establish
19  and use rates, rating schedules, or rating manuals to allow
20  the insurer a reasonable rate of return on such classes of
21  insurance written in this state.  A copy of rates, rating
22  schedules, rating manuals, premium credits or discount
23  schedules, and surcharge schedules, and changes thereto, shall
24  be filed with the commission department under one of the
25  following procedures:
26         1.  If the filing is made at least 90 days before the
27  proposed effective date and the filing is not implemented
28  during the commission's department's review of the filing and
29  any proceeding and judicial review, then such filing shall be
30  considered a "file and use" filing.  In such case, the
31  commission department shall finalize its review by issuance of
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  1  a notice of intent to approve or a notice of intent to
  2  disapprove within 90 days after receipt of the filing. The
  3  notice of intent to approve and the notice of intent to
  4  disapprove constitute agency action for purposes of the
  5  Administrative Procedure Act. Requests for supporting
  6  information, requests for mathematical or mechanical
  7  corrections, or notification to the insurer by the commission
  8  department of its preliminary findings shall not toll the
  9  90-day period during any such proceedings and subsequent
10  judicial review. The rate shall be deemed approved if the
11  commission department does not issue a notice of intent to
12  approve or a notice of intent to disapprove within 90 days
13  after receipt of the filing.
14         2.  If the filing is not made in accordance with the
15  provisions of subparagraph 1., such filing shall be made as
16  soon as practicable, but no later than 30 days after the
17  effective date, and shall be considered a "use and file"
18  filing.  An insurer making a "use and file" filing is
19  potentially subject to an order by the commission department
20  to return to policyholders portions of rates found to be
21  excessive, as provided in paragraph (h).
22         (b)  Upon receiving a rate filing, the commission
23  department shall review the rate filing to determine if a rate
24  is excessive, inadequate, or unfairly discriminatory.  In
25  making that determination, the commission department shall, in
26  accordance with generally accepted and reasonable actuarial
27  techniques, consider the following factors:
28         1.  Past and prospective loss experience within and
29  without this state.
30         2.  Past and prospective expenses.
31
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  1         3.  The degree of competition among insurers for the
  2  risk insured.
  3         4.  Investment income reasonably expected by the
  4  insurer, consistent with the insurer's investment practices,
  5  from investable premiums anticipated in the filing, plus any
  6  other expected income from currently invested assets
  7  representing the amount expected on unearned premium reserves
  8  and loss reserves.  The commission department may adopt
  9  promulgate rules using utilizing reasonable techniques of
10  actuarial science and economics to specify the manner in which
11  insurers shall calculate investment income attributable to
12  such classes of insurance written in this state and the manner
13  in which such investment income shall be used in the
14  calculation of insurance rates.  Such manner shall contemplate
15  allowances for an underwriting profit factor and full
16  consideration of investment income which produce a reasonable
17  rate of return; however, investment income from invested
18  surplus shall not be considered. The profit and contingency
19  factor as specified in the filing shall be used utilized in
20  computing excess profits in conjunction with s. 627.0625.
21         5.  The reasonableness of the judgment reflected in the
22  filing.
23         6.  Dividends, savings, or unabsorbed premium deposits
24  allowed or returned to Florida policyholders, members, or
25  subscribers.
26         7.  The adequacy of loss reserves.
27         8.  The cost of reinsurance.
28         9.  Trend factors, including trends in actual losses
29  per insured unit for the insurer making the filing.
30         10.  Conflagration and catastrophe hazards, if
31  applicable.
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  1         11.  A reasonable margin for underwriting profit and
  2  contingencies.
  3         12.  The cost of medical services, if applicable.
  4         13.  Other relevant factors which impact upon the
  5  frequency or severity of claims or upon expenses.
  6         (c)  In the case of fire insurance rates, consideration
  7  shall be given to the experience of the fire insurance
  8  business during a period of not less than the most recent
  9  5-year period for which such experience is available.
10         (d)  If conflagration or catastrophe hazards are given
11  consideration by an insurer in its rates or rating plan,
12  including surcharges and discounts, the insurer shall
13  establish a reserve for that portion of the premium allocated
14  to such hazard and shall maintain the premium in a catastrophe
15  reserve.  Any removal of such premiums from the reserve for
16  purposes other than paying claims associated with a
17  catastrophe or purchasing reinsurance for catastrophes shall
18  be subject to approval of the commission department. Any
19  ceding commission received by an insurer purchasing
20  reinsurance for catastrophes shall be placed in the
21  catastrophe reserve.
22         (e)  After consideration of the rate factors provided
23  in paragraphs (b), (c), and (d), a rate may be found by the
24  commission department to be excessive, inadequate, or unfairly
25  discriminatory based upon the following standards:
26         1.  Rates shall be deemed excessive if they are likely
27  to produce a profit from Florida business that is unreasonably
28  high in relation to the risk involved in the class of business
29  or if expenses are unreasonably high in relation to services
30  rendered.
31
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  1         2.  Rates shall be deemed excessive if, among other
  2  things, the rate structure established by a stock insurance
  3  company provides for replenishment of surpluses from premiums,
  4  when the replenishment is attributable to investment losses.
  5         3.  Rates shall be deemed inadequate if they are
  6  clearly insufficient, together with the investment income
  7  attributable to them, to sustain projected losses and expenses
  8  in the class of business to which they apply.
  9         4.  A rating plan, including discounts, credits, or
10  surcharges, shall be deemed unfairly discriminatory if it
11  fails to clearly and equitably reflect consideration of the
12  policyholder's participation in a risk management program
13  adopted pursuant to s. 627.0625.
14         5.  A rate shall be deemed inadequate as to the premium
15  charged to a risk or group of risks if discounts or credits
16  are allowed which exceed a reasonable reflection of expense
17  savings and reasonably expected loss experience from the risk
18  or group of risks.
19         6.  A rate shall be deemed unfairly discriminatory as
20  to a risk or group of risks if the application of premium
21  discounts, credits, or surcharges among such risks does not
22  bear a reasonable relationship to the expected loss and
23  expense experience among the various risks.
24         (f)  In reviewing a rate filing, the commission
25  department may require the insurer to provide at the insurer's
26  expense all information necessary to evaluate the condition of
27  the company and the reasonableness of the filing according to
28  the criteria enumerated in this section.
29         (g)  The commission department may at any time review a
30  rate, rating schedule, rating manual, or rate change; the
31  pertinent records of the insurer; and market conditions. If
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  1  the commission department finds on a preliminary basis that a
  2  rate may be excessive, inadequate, or unfairly discriminatory,
  3  the commission department shall initiate proceedings to
  4  disapprove the rate and shall so notify the insurer. However,
  5  the commission department may not disapprove as excessive any
  6  rate for which it has given final approval or which has been
  7  deemed approved for a period of 1 year after the effective
  8  date of the filing unless the commission department finds that
  9  a material misrepresentation or material error was made by the
10  insurer or was contained in the filing. Upon being so
11  notified, the insurer or rating organization shall, within 60
12  days, file with the commission department all information
13  which, in the belief of the insurer or organization, proves
14  the reasonableness, adequacy, and fairness of the rate or rate
15  change. The commission department shall issue a notice of
16  intent to approve or a notice of intent to disapprove pursuant
17  to the procedures of paragraph (a) within 90 days after
18  receipt of the insurer's initial response.  In such instances
19  and in any administrative proceeding relating to the legality
20  of the rate, the insurer or rating organization shall carry
21  the burden of proof by a preponderance of the evidence to show
22  that the rate is not excessive, inadequate, or unfairly
23  discriminatory. After the commission department notifies an
24  insurer that a rate may be excessive, inadequate, or unfairly
25  discriminatory, unless the commission department withdraws the
26  notification, the insurer shall not alter the rate except to
27  conform with the commission's department's notice until the
28  earlier of 120 days after the date the notification was
29  provided or 180 days after the date of the implementation of
30  the rate. The commission department may, subject to chapter
31  120, disapprove without the 60-day notification any rate
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  1  increase filed by an insurer within the prohibited time period
  2  or during the time that the legality of the increased rate is
  3  being contested.
  4         (h)  In the event the commission department finds that
  5  a rate or rate change is excessive, inadequate, or unfairly
  6  discriminatory, the commission department shall issue an order
  7  of disapproval specifying that a new rate or rate schedule
  8  which responds to the findings of the commission department be
  9  filed by the insurer.  The commission department shall further
10  order, for any "use and file" filing made in accordance with
11  subparagraph (a)2., that premiums charged each policyholder
12  constituting the portion of the rate above that which was
13  actuarially justified be returned to such policyholder in the
14  form of a credit or refund. If the commission department finds
15  that an insurer's rate or rate change is inadequate, the new
16  rate or rate schedule filed with the commission department in
17  response to such a finding shall be applicable only to new or
18  renewal business of the insurer written on or after the
19  effective date of the responsive filing.
20         (i)  Except as otherwise specifically provided in this
21  chapter, the commission department shall not prohibit any
22  insurer, including any residual market plan or joint
23  underwriting association, from paying acquisition costs based
24  on the full amount of premium, as defined in s. 627.403,
25  applicable to any policy, or prohibit any such insurer from
26  including the full amount of acquisition costs in a rate
27  filing.
28
29  The provisions of this subsection shall not apply to workers'
30  compensation and employer's liability insurance and to motor
31  vehicle insurance.
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  1         (3)(a)  For individual risks that are not rated in
  2  accordance with the insurer's rates, rating schedules, rating
  3  manuals, and underwriting rules filed with the commission
  4  department and which have been submitted to the insurer for
  5  individual rating, the insurer must maintain documentation on
  6  each risk subject to individual risk rating.  The
  7  documentation must identify the named insured and specify the
  8  characteristics and classification of the risk supporting the
  9  reason for the risk being individually risk rated, including
10  any modifications to existing approved forms to be used on the
11  risk.  The insurer must maintain these records for a period of
12  at least 5 years after the effective date of the policy.
13         (b)  Individual risk rates and modifications to
14  existing approved forms are not subject to this part or part
15  II, except for paragraph (a) and ss. 627.402, 627.403,
16  627.4035, 627.404, 627.405, 627.406, 627.407, 627.4085,
17  627.409, 627.4132, 627.4133, 627.415, 627.416, 627.417,
18  627.419, 627.425, 627.426, 627.4265, 627.427, and 627.428, but
19  are subject to all other applicable provisions of this code
20  and rules adopted thereunder.
21         (c)  This subsection does not apply to private
22  passenger motor vehicle insurance.
23         (6)(a)  After any action with respect to a rate filing
24  that constitutes agency action for purposes of the
25  Administrative Procedure Act, an insurer may, in lieu of
26  demanding a hearing under s. 120.57, require arbitration of
27  the rate filing. Arbitration shall be conducted by a board of
28  arbitrators consisting of an arbitrator selected by the
29  department, an arbitrator selected by the insurer, and an
30  arbitrator selected jointly by the other two arbitrators. Each
31  arbitrator must be certified by the American Arbitration
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  1  Association. A decision is valid only upon the affirmative
  2  vote of at least two of the arbitrators. No arbitrator may be
  3  an employee of any insurance regulator or regulatory body or
  4  of any insurer, regardless of whether or not the employing
  5  insurer does business in this state. The department and the
  6  insurer must treat the decision of the arbitrators as the
  7  final approval of a rate filing. Costs of arbitration shall be
  8  paid by the insurer.
  9         (b)  Arbitration under this subsection shall be
10  conducted pursuant to the procedures specified in ss.
11  682.06-682.10. Either party may apply to the circuit court to
12  vacate or modify the decision pursuant to s. 682.13 or s.
13  682.14. The department shall adopt rules for arbitration under
14  this subsection, which rules may not be inconsistent with the
15  arbitration rules of the American Arbitration Association as
16  of January 1, 1996.
17         (c)  Upon initiation of the arbitration process, the
18  insurer waives all rights to challenge the action of the
19  department under the Administrative Procedure Act or any other
20  provision of law; however, such rights are restored to the
21  insurer if the arbitrators fail to render a decision within 90
22  days after initiation of the arbitration process.
23         Section 29.  Subsection (2) and (3) of section
24  627.0628, Florida Statutes, are amended to read:
25         627.0628  Florida Commission on Hurricane Loss
26  Projection Methodology.--
27         (2)  COMMISSION CREATED.--
28         (a)  There is created the Florida Commission on
29  Hurricane Loss Projection Methodology, which is assigned to
30  the State Board of Administration.  The commission shall be
31  administratively housed within the State Board of
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  1  Administration, but it shall independently exercise the powers
  2  and duties specified in this section.
  3         (b)  The commission shall consist of the following 11
  4  members:
  5         1.  The Public Counsel or his or her designee from the
  6  Office of the Public Counsel insurance consumer advocate.
  7         2.  The Chief Operating Officer of the Florida
  8  Hurricane Catastrophe Fund.
  9         3.  The Executive Director of the Residential Property
10  and Casualty Joint Underwriting Association.
11         4.  The Director of the Division of Emergency
12  Management of the Department of Community Affairs.
13         5.  The actuary member of the Florida Hurricane
14  Catastrophe Fund Advisory Council.
15         6.  Six members appointed by the Insurance Rating
16  Commission Commissioner, as follows:
17         a.  An employee of the Insurance Rating Commission
18  Department of Insurance who is an actuary responsible for
19  property insurance rate filings.
20         b.  An actuary who is employed full time by a property
21  and casualty insurer which was responsible for at least 1
22  percent of the aggregate statewide direct written premium for
23  homeowner's insurance in the calendar year preceding the
24  member's appointment to the commission.
25         c.  An expert in insurance finance who is a full time
26  member of the faculty of the State University System and who
27  has a background in actuarial science.
28         d.  An expert in statistics who is a full time member
29  of the faculty of the State University System and who has a
30  background in insurance.
31
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  1         e.  An expert in computer system design who is a full
  2  time member of the faculty of the State University System.
  3         f.  An expert in meteorology who is a full time member
  4  of the faculty of the State University System and who
  5  specializes in hurricanes.
  6         (c)  Members designated under subparagraphs (b)1.-5.
  7  shall serve on the commission as long as they maintain the
  8  respective offices designated in subparagraphs (b)1.-5.
  9  Members appointed by the Insurance Rating Commission
10  Commissioner under subparagraph (b)6. shall serve on the
11  Florida Commission on Hurricane Loss Projection Methodology
12  for a 4-year term until the end of the term of office of the
13  Insurance Commissioner who appointed them, unless earlier
14  removed by the Insurance Rating Commission Commissioner for
15  cause.  Vacancies on the Florida Commission on Hurricane Loss
16  Projection Methodology shall be filled in the same manner as
17  the original appointment.
18         (d)  The State Board of Administration shall annually
19  appoint one of the members of the commission to serve as
20  chair.
21         (e)  Members of the commission shall serve without
22  compensation, but shall be reimbursed for per diem and travel
23  expenses pursuant to s. 112.061.
24         (f)  The State Board of Administration shall, as a cost
25  of administration of the Florida Hurricane Catastrophe Fund,
26  provide for travel, expenses, and staff support for the
27  commission.
28         (g)  There shall be no liability on the part of, and no
29  cause of action of any nature shall arise against, any member
30  of the commission, any member of the State Board of
31  Administration, or any employee of the State Board of
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  1  Administration for any action taken in the performance of
  2  their duties under this section. In addition, the commission
  3  may, in writing, waive any potential cause of action for
  4  negligence of a consultant, contractor, or contract employee
  5  engaged to assist the commission.
  6         (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--
  7         (a)  The commission shall consider any actuarial
  8  methods, principles, standards, models, or output ranges that
  9  have the potential for improving the accuracy of or
10  reliability of the hurricane loss projections used in
11  residential property insurance rate filings.  The commission
12  shall, from time to time, adopt findings as to the accuracy or
13  reliability of particular methods, principles, standards,
14  models, or output ranges.
15         (b)  In establishing reimbursement premiums for the
16  Florida Hurricane Catastrophe Fund, the State Board of
17  Administration must, to the extent feasible, employ actuarial
18  methods, principles, standards, models, or output ranges found
19  by the commission to be accurate or reliable.
20         (c)  With respect to a rate filing under s. 627.062, an
21  insurer may employ actuarial methods, principles, standards,
22  models, or output ranges found by the commission to be
23  accurate or reliable to determine hurricane loss factors for
24  use in a rate filing under s. 627.062, which findings and
25  factors are admissible and relevant in consideration of a rate
26  filing by the Insurance Rating Commission department or in any
27  arbitration or administrative or judicial review.
28         (d)  The commission shall adopt initial actuarial
29  methods, principles, standards, models, or output ranges no
30  later than December 31, 1995.  The commission shall adopt
31  revisions to such actuarial methods, principles, standards,
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  1  models, or output ranges at least annually thereafter. As soon
  2  as possible, but no later than July 1, 1996, The commission
  3  shall adopt revised actuarial methods, principles, standards,
  4  models, or output ranges which include specification of
  5  acceptable computer models or output ranges derived from
  6  computer models.
  7         Section 30.  Persons who are members of the Florida
  8  Commission on Hurricane Loss Projection Methodology on
  9  December 31, 2000, shall remain members of the commission
10  until new members are appointed pursuant to section 627.0628,
11  Florida Statutes, as amended by this act, except that the
12  Public Counsel or his or her designee from the Office of the
13  Public Counsel shall become a member effective January 1,
14  2001, and the Insurance Consumer Advocate shall cease to be a
15  member on that date.
16         Section 31.  Subsections (1), (2), (3), (6), (7), and
17  (9) of section 627.0645, Florida Statutes, are amended to
18  read:
19         627.0645  Annual filings.--
20         (1)  Each rating organization filing rates for, and
21  each insurer writing, any line of property or casualty
22  insurance to which this part applies, except:
23         (a)  Workers' compensation and employer's liability
24  insurance; or
25         (b)  Commercial property and casualty insurance as
26  defined in s. 627.0625(1) other than commercial multiple line
27  and commercial motor vehicle,
28
29  shall make an annual base rate filing for each such line with
30  the commission department no later than 12 months after its
31
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  1  previous base rate filing, demonstrating that its rates are
  2  not inadequate.
  3         (2)(a)  Deviations filed by an insurer to any rating
  4  organization's base rate filing are not subject to this
  5  section.
  6         (b)  The commission department, after receiving a
  7  request to be exempted from the provisions of this section,
  8  may, for good cause due to insignificant numbers of policies
  9  in force or insignificant premium volume, exempt a company, by
10  line of coverage, from filing rates or rate certification as
11  required by this section.
12         (3)  The filing requirements of this section shall be
13  satisfied by one of the following methods:
14         (a)  A rate filing prepared by an actuary which
15  contains documentation demonstrating that the proposed rates
16  are not excessive, inadequate, or unfairly discriminatory
17  pursuant to the applicable rating laws and pursuant to rules
18  of the commission department.
19         (b)  If no rate change is proposed, a filing which
20  consists of a certification by an actuary that the existing
21  rate level produces rates which are actuarially sound and
22  which are not inadequate, as defined in s. 627.062.
23         (6)  If at the time a filing is required under this
24  section an insurer is in the process of completing a rate
25  review, the insurer may apply to the commission department for
26  an extension of up to an additional 30 days in which to make
27  the filing.  The request for extension must be received by the
28  commission department no later than the date the filing is
29  due.
30         (7)  Nothing in this section limits the commission's
31  department's authority to review rates at any time or to find
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  1  that a rate or rate change is excessive, inadequate, or
  2  unfairly discriminatory pursuant to s. 627.062.
  3         (9)  If an insurer fails to meet the filing
  4  requirements of this section and does not submit the filing
  5  within 60 days after the date the filing is due, the
  6  commission department may, in addition to any other penalty
  7  authorized by law, order the insurer to discontinue the
  8  issuance of policies for the line of insurance for which the
  9  required filing was not made until such time as the commission
10  department determines that the required filing is properly
11  submitted.
12         Section 32.  Subsection (1) of section 627.06501,
13  Florida Statutes, is amended to read:
14         627.06501  Insurance discounts for certain persons
15  completing driver improvement course.--
16         (1)  Any rate, rating schedule, or rating manual for
17  the liability, personal injury protection, and collision
18  coverages of a motor vehicle insurance policy filed with the
19  commission department may provide for an appropriate reduction
20  in premium charges as to such coverages when the principal
21  operator on the covered vehicle has successfully completed a
22  driver improvement course approved and certified by the
23  Department of Highway Safety and Motor Vehicles which is
24  effective in reducing crash or violation rates, or both, as
25  determined pursuant to s. 318.1451(5). Any discount, not to
26  exceed 10 percent, used by an insurer is presumed to be
27  appropriate unless credible data demonstrates otherwise.
28         Section 33.  Subsections (1), (2), (5), (9), (10),
29  (11), and (13) of section 627.0651, Florida Statutes, are
30  amended to read:
31
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  1         627.0651  Making and use of rates for motor vehicle
  2  insurance.--
  3         (1)  Insurers shall establish and use rates, rating
  4  schedules, or rating manuals to allow the insurer a reasonable
  5  rate of return on motor vehicle insurance written in this
  6  state.  A copy of rates, rating schedules, and rating manuals,
  7  and changes therein, shall be filed with the commission
  8  department under one of the following procedures:
  9         (a)  If the filing is made at least 60 days before the
10  proposed effective date and the filing is not implemented
11  during the commission's department's review of the filing and
12  any proceeding and judicial review, such filing shall be
13  considered a "file and use" filing.  In such case, the
14  commission department shall initiate proceedings to disapprove
15  the rate and so notify the insurer or shall finalize its
16  review within 60 days after receipt of the filing.
17  Notification to the insurer by the commission department of
18  its preliminary findings shall toll the 60-day period during
19  any such proceedings and subsequent judicial review.  The rate
20  shall be deemed approved if the commission department does not
21  issue notice to the insurer of its preliminary findings within
22  60 days after the filing.
23         (b)  If the filing is not made in accordance with the
24  provisions of paragraph (a), such filing shall be made as soon
25  as practicable, but no later than 30 days after the effective
26  date, and shall be considered a "use and file" filing.  An
27  insurer making a "use and file" filing is potentially subject
28  to an order by the commission department to return to
29  policyholders portions of rates found to be excessive, as
30  provided in subsection (11).
31
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  1         (2)  Upon receiving notice of a rate filing or rate
  2  change, the commission department shall review the rate or
  3  rate change to determine if the rate is excessive, inadequate,
  4  or unfairly discriminatory.  In making that determination, the
  5  commission department shall in accordance with generally
  6  accepted and reasonable actuarial techniques consider the
  7  following factors:
  8         (a)  Past and prospective loss experience within and
  9  outside this state.
10         (b)  The past and prospective expenses.
11         (c)  The degree of competition among insurers for the
12  risk insured.
13         (d)  Investment income reasonably expected by the
14  insurer, consistent with the insurer's investment practices,
15  from investable premiums anticipated in the filing, plus any
16  other expected income from currently invested assets
17  representing the amount expected on unearned premium reserves
18  and loss reserves.  Such investment income shall not include
19  income from invested surplus.  The commission department may
20  adopt promulgate rules using utilizing reasonable techniques
21  of actuarial science and economics to specify the manner in
22  which insurers shall calculate investment income attributable
23  to motor vehicle insurance policies written in this state and
24  the manner in which such investment income is used in the
25  calculation of insurance rates. Such manner shall contemplate
26  the use of a positive underwriting profit allowance in the
27  rates that will be compatible with a reasonable rate of return
28  plus provisions for contingencies. The total of the profit and
29  contingency factor as specified in the filing shall be
30  utilized in computing excess profits in conjunction with s.
31  627.066. In adopting promulgating such rules, the commission
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  1  department shall in all instances adhere to and implement the
  2  provisions of this paragraph.
  3         (e)  The reasonableness of the judgment reflected in
  4  the filing.
  5         (f)  Dividends, savings, or unabsorbed premium deposits
  6  allowed or returned to Florida policyholders, members, or
  7  subscribers.
  8         (g)  The cost of repairs to motor vehicles.
  9         (h)  The cost of medical services, if applicable.
10         (i)  The adequacy of loss reserves.
11         (j)  The cost of reinsurance.
12         (k)  Trend factors, including trends in actual losses
13  per insured unit for the insurer making the filing.
14         (l)  Other relevant factors which impact upon the
15  frequency or severity of claims or upon expenses.
16         (5)(a)  Rates shall be deemed inadequate if they are
17  clearly insufficient, together with the investment income
18  attributable to them, to sustain projected losses and expenses
19  in the class of business to which they apply.
20         (b)  The commission Insurance Commissioner shall have
21  the responsibility to ensure that rates for private passenger
22  vehicle insurance are adequate. To that end, the commission
23  department shall adopt promulgate rules and regulations
24  establishing standards defining inadequate rates on private
25  passenger vehicle insurance as defined in s. 627.041(8). If In
26  the event that the commission department finds that a rate or
27  rate change is inadequate, the commission department shall
28  order that a new rate or rate schedule be thereafter filed by
29  the insurer and shall further provide information as to the
30  manner in which noncompliance of the standards may be
31  corrected.  When a violation of this provision occurs, the
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  1  department shall impose an administrative fine pursuant to s.
  2  624.4211.
  3         (9)  In reviewing the rate or rate change filed, the
  4  commission department may require the insurer to provide at
  5  the insurer's expense all information necessary to evaluate
  6  the condition of the company and the reasonableness of the
  7  filing according to the criteria enumerated herein.
  8         (10)  The commission department may, at any time,
  9  review a rate or rate change, the pertinent records of the
10  insurer, and market conditions; and, if the commission
11  department finds on a preliminary basis that the rate or rate
12  change may be excessive, inadequate, or unfairly
13  discriminatory, the commission department shall so notify the
14  insurer.  However, the commission department may not
15  disapprove as excessive any rate for which it has given final
16  approval or which has been deemed approved for a period of 1
17  year after the effective date of the filing unless the
18  commission department finds that a material misrepresentation
19  or material error was made by the insurer or was contained in
20  the filing.  Upon being so notified, the insurer or rating
21  organization shall, within 60 days, file with the commission
22  department all information which, in the belief of the insurer
23  or organization, proves the reasonableness, adequacy, and
24  fairness of the rate or rate change.  In such instances and in
25  any administrative proceeding relating to the legality of the
26  rate, the insurer or rating organization shall carry the
27  burden of proof by a preponderance of the evidence to show
28  that the rate is not excessive, inadequate, or unfairly
29  discriminatory.  After the commission department notifies an
30  insurer that a rate may be excessive, inadequate, or unfairly
31  discriminatory, unless the commission department withdraws the
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  1  notification, the insurer shall not increase the rate until
  2  the earlier of 120 days after the date the notification was
  3  provided or 180 days after the date of the implementation of
  4  the rate. The commission department may, subject to chapter
  5  120, disapprove without the 60-day notification any rate
  6  increase filed by an insurer within the prohibited time period
  7  or during the time that the legality of the increased rate is
  8  being contested.
  9         (11)  If In the event the commission department finds
10  that a rate or rate change is excessive, inadequate, or
11  unfairly discriminatory, the commission department shall issue
12  an order of disapproval specifying that a new rate or rate
13  schedule which responds to the findings of the commission
14  department be filed by the insurer. The commission department
15  shall further order for any "use and file" filing made in
16  accordance with paragraph (1)(b), that premiums charged each
17  policyholder constituting the portion of the rate above that
18  which was actuarially justified be returned to such
19  policyholder in the form of a credit or refund. If the
20  commission department finds that an insurer's rate or rate
21  change is inadequate, the new rate or rate schedule filed with
22  the commission department in response to such a finding shall
23  be applicable only to new or renewal business of the insurer
24  written on or after the effective date of the responsive
25  filing.
26         (13)(a)  Underwriting rules not contained in rating
27  manuals shall be filed for private passenger automobile
28  insurance and homeowners' insurance.
29         (b)  The submission of rates, rating schedules, and
30  rating manuals to the commission department by a licensed
31  rating organization of which an insurer is a member or
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  1  subscriber will be sufficient compliance with this subsection
  2  for any insurer maintaining membership or subscribership in
  3  such organization, to the extent that the insurer uses the
  4  rates, rating schedules, and rating manuals of such
  5  organization.  All such information shall be available for
  6  public inspection, upon receipt by the commission department,
  7  during usual business hours.
  8         Section 34.  Section 627.0653, Florida Statutes, is
  9  amended to read:
10         627.0653  Insurance discounts for specified motor
11  vehicle equipment.--
12         (1)  Any rates, rating schedules, or rating manuals for
13  the liability, personal injury protection, and collision
14  coverages of a motor vehicle insurance policy filed with the
15  commission department shall provide a premium discount if the
16  insured vehicle is equipped with factory-installed, four-wheel
17  antilock brakes.
18         (2)  Each insurer writing motor vehicle comprehensive
19  coverage in this state shall include in its rating manual
20  discount provisions for comprehensive coverage which
21  specifically relate to an antitheft device or vehicle recovery
22  system utilized in the insured vehicle which are factory
23  installed or approved by the commission department. The
24  commission department shall adopt, by rule, procedures under
25  which manufacturers, distributors, or sellers may apply to the
26  commission department for approval of non-factory-installed
27  devices under this subsection.  The rules must include, at a
28  minimum, the test results that must accompany the application
29  and the standards for approval.
30         (3)  Any rates, rating schedules, or rating manuals for
31  personal injury protection coverage and medical payments
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  1  coverage, if offered, of a motor vehicle insurance policy
  2  filed with the commission department shall provide a premium
  3  discount if the insured vehicle is equipped with one or more
  4  air bags which are factory installed.
  5         (4)  The removal of a discount or credit does not
  6  constitute the imposition of, or request for, additional
  7  premium or a surcharge if the basis for the discount or credit
  8  no longer exists or is substantially eliminated.
  9         (5)  Each insurer writing motor vehicle comprehensive
10  coverage in this state may provide a premium discount for this
11  coverage if the insured vehicle has the complete
12  manufacturer's vehicle identification number permanently
13  etched on the windshield and all windows of the vehicle.  The
14  etching must be by a tool or process that does not destroy the
15  integrity of the glass or visibility for the operator of the
16  motor vehicle.  The identification numbers and letters must be
17  at least  1/4  inch in height.  A sticker may identify the
18  presence of this identification system.  The commission
19  department may, by rule, set forth appropriate guidelines to
20  implement this subsection.
21         Section 35.  Section 627.06535, Florida Statutes, is
22  amended to read:
23         627.06535  Electric vehicles; restrictions on imposing
24  surcharges.--An insurer may not impose a surcharge on the
25  premium for motor vehicle insurance written on an electric
26  vehicle, as defined in s. 320.01, if the surcharge is based on
27  a factor such as new technology, passenger payload,
28  weight-to-horsepower ratio, or types of materials, including
29  composite materials or aluminum, used to manufacture the
30  vehicle, unless the commission Department of Insurance
31
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  1  determines from actuarial data submitted to it that the
  2  surcharge is justified.
  3         Section 36.  Subsection (1) of section 627.0654,
  4  Florida Statutes, is amended to read:
  5         627.0654  Insurance discounts for buildings with fire
  6  sprinklers.--
  7         (1)  Any rates, rating schedules, or rating manuals for
  8  a new or renewal fire insurance policy for an existing or
  9  newly constructed building, whether used for commercial or
10  residential purposes, must provide for a premium discount if a
11  fire sprinkler system has been installed in the building in
12  accordance with nationally accepted fire sprinkler design
13  standards, as adopted by the commission department, and if the
14  fire sprinkler system is maintained in accordance with
15  nationally accepted standards.
16         Section 37.  Subsections (2), (7), (10), (11), and (13)
17  of section 627.066, Florida Statutes, are amended to read:
18         627.066  Excessive profits for motor vehicle insurance
19  prohibited.--
20         (2)  Each Florida private passenger automobile insurer
21  group shall file with the commission department, prior to July
22  1 of each year on forms prescribed by the commission
23  department, the following data for Florida private passenger
24  automobile business.  The data filed for the group shall be a
25  consolidation of the data of the individual insurers of the
26  group. The data shall include both voluntary and joint
27  underwriting association business, as follows:
28         (a)  Calendar-year total limits earned premium.
29         (b)  Accident-year incurred losses and loss adjustment
30  expenses.
31
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  1         (c)  The administrative and selling expenses incurred
  2  in this state or allocated to this state for the calendar
  3  year.
  4         (d)  Policyholder dividends incurred during the
  5  applicable calendar year.
  6         (7)  If the insurer group has realized an excessive
  7  profit, the commission department shall order a return of the
  8  excessive amounts after affording the insurer group an
  9  opportunity for hearing and otherwise complying with the
10  requirements of chapter 120.  Such excessive amounts shall be
11  refunded in all instances unless the insurer group
12  affirmatively demonstrates to the commission department that
13  the refund of the excessive amounts will render a member of
14  the insurer group financially impaired or will render it
15  insolvent under the provisions of the Florida Insurance Code.
16         (10)(a)  Cash refunds to policyholders may be rounded
17  to the nearest dollar.
18         (b)  Data in required reports to the commission
19  department may be rounded to the nearest dollar.
20         (c)  Rounding, if elected by the insurer group, shall
21  be applied consistently.
22         (11)(a)  Refunds shall be completed in one of the
23  following ways:
24         1.  If the insurer group elects to make a cash refund,
25  the refund shall be completed within 60 days of entry of a
26  final order indicating that excessive profits have been
27  realized.
28         2.  If the insurer group elects to make refunds in the
29  form of a credit to renewal policies, such credits shall be
30  applied to policy renewal premium notices which are forwarded
31  to insureds more than 60 calendar days after entry of a final
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  1  order indicating that excessive profits have been realized.
  2  If an insurer group has made this election but an insured
  3  thereafter cancels his or her policy or otherwise allows the
  4  policy to terminate, the insurer group shall make a cash
  5  refund not later than 60 days after termination of such
  6  coverage.
  7         (b)  Upon completion of the renewal credits or refund
  8  payments, the insurer group shall immediately certify to the
  9  commission department that the refunds have been made.
10         (13)  Since it appears to the Legislature that private
11  passenger automobile insurer groups have realized excessive
12  profits during all or part of the years 1977, 1978, and 1979
13  and that such profits were realized in part due to statutory
14  changes for which rates were not adequately adjusted, it is
15  the desire and intent of the Legislature that the provisions
16  of this section, as amended by chapter 80-236, Laws of
17  Florida, shall apply retroactively to excessive profits
18  realized during the years 1977, 1978, and 1979. In the event
19  that such retroactive application is judicially determined to
20  be unconstitutional, it is the intent of the Legislature that
21  the act be given prospective application as stated
22  hereinafter.  Prior to July 1, 1982, the data required by this
23  section shall be submitted to the department for the years
24  1979, 1980, and 1981.  Excessive profits shall be calculated
25  in accordance with the provisions of this section.  However,
26  only the excessive profits realized by the insurer group in
27  1981 shall be refunded to policyholders, and such refunds
28  shall be made in accordance with this section. Prior to July
29  1, 1983, the data required by this section shall be submitted
30  to the department for the years 1980, 1981, and 1982.
31  Excessive profits shall be calculated in accordance with this
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  1  section; however, refunds shall only be made for excessive
  2  profits realized in the years 1981 and 1982.  Thereafter,
  3  excessive profits shall be calculated and refunded on the
  4  basis of 3 years as set forth in this section.
  5         Section 38.  Subsection (4) of section 627.072, Florida
  6  Statutes, is amended to read:
  7         627.072  Making and use of rates.--
  8         (4)(a)  In the case of workers' compensation and
  9  employer's liability insurance, the commission department
10  shall consider using utilizing the following methodology in
11  rate determinations: Premiums, expenses, and expected claim
12  costs would be discounted to a common point of time, such as
13  the initial point of a policy year, in the determination of
14  rates; the cash-flow pattern of premiums, expenses, and claim
15  costs would be determined initially by using data from 8 to 10
16  of the largest insurers writing workers' compensation
17  insurance in the state; such insurers may be selected for
18  their statistical ability to report the data on an
19  accident-year basis and in accordance with subparagraphs
20  (b)1., 2., and 3., for at least 2 1/2  years; such a cash-flow
21  pattern would be modified when necessary in accordance with
22  the data and whenever a radical change in the payout pattern
23  is expected in the policy year under consideration.
24         (b)  If the methodology set forth in paragraph (a) is
25  used utilized, to facilitate the determination of such a
26  cash-flow pattern methodology:
27         1.  Each insurer shall include in its statistical
28  reporting to the rating bureau and the commission department
29  the accident year by calendar quarter data for paid-claim
30  costs;
31
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  1         2.  Each insurer shall submit financial reports to the
  2  rating bureau and the commission department which shall
  3  include total incurred claim amounts and paid-claim amounts by
  4  policy year and by injury types as of December 31 of each
  5  calendar year; and
  6         3.  Each insurer shall submit to the rating bureau and
  7  the commission department paid-premium data on an individual
  8  risk basis in which risks are to be subdivided by premium size
  9  as follows:
10
11  Number of Risks in
12    Premium Range                          Standard Premium Size
13
14  ...(to be filled in by carrier)...                   $300--999
15  ...(to be filled in by carrier)...                1,000--4,999
16  ...(to be filled in by carrier)...               5,000--49,999
17  ...(to be filled in by carrier)...              50,000--99,999
18  ...(to be filled in by carrier)...             100,000 or more
19  Total:
20
21         4.  Each insurer which does not have the capability of
22  reporting in accordance with subparagraphs 1., 2., and 3.
23  shall be required to commence such reporting procedures as of
24  January 1, 1980.
25         (c)  The Insurance Commissioner is directed to consider
26  using the methodology specified in paragraph (a) prior to
27  March 31, 1980; and, in the event the Insurance Commissioner
28  decides not to use this methodology, she or he shall report
29  such decision and the reasons therefor to the committees of
30  substance in the area of insurance in each house of the
31  Legislature by March 31, 1980.
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  1         Section 39.  Subsections (1), (5), and (6) of section
  2  627.091, Florida Statutes, are amended to read:
  3         627.091  Rate filings; workers' compensation and
  4  employer's liability insurances.--
  5         (1)  As to workers' compensation and employer's
  6  liability insurances, every insurer shall file with the
  7  commission department every manual of classifications, rules,
  8  and rates, every rating plan, and every modification of any of
  9  the foregoing which it proposes to use. Every insurer is
10  authorized to include deductible provisions in its manual of
11  classifications, rules, and rates. Such deductibles shall in
12  all cases be in a form and manner which is consistent with the
13  underlying purpose of chapter 440.
14         (5)  Pursuant to the provisions of s. 624.3161, the
15  commission department may examine the underlying statistical
16  data used in such filings.
17         (6)  Whenever the committee of a recognized rating
18  organization with responsibility for workers' compensation and
19  employer's liability insurance rates in this state meets to
20  discuss the necessity for, or a request for, Florida rate
21  increases or decreases, the determination of Florida rates,
22  the rates to be requested, and any other matters pertaining
23  specifically and directly to such Florida rates, such meetings
24  shall be held in this state and shall be subject to s.
25  286.011. The committee of such a rating organization shall
26  provide at least 3 weeks' prior notice of such meetings to the
27  commission department and shall provide at least 14 days'
28  prior notice of such meetings to the public by publication in
29  the Florida Administrative Weekly.
30         Section 40.  Section 627.0915, Florida Statutes, is
31  amended to read:
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  1         627.0915  Rate filings; workers' compensation,
  2  drug-free workplace, and safe employers.--The commission
  3  Department of Insurance shall approve rating plans for
  4  workers' compensation insurance that give specific
  5  identifiable consideration in the setting of rates to
  6  employers that either implement a drug-free workplace program
  7  pursuant to rules adopted by the Division of Workers'
  8  Compensation of the Department of Labor and Employment
  9  Security or implement a safety program approved by the
10  Division of Safety pursuant to rules adopted by the Division
11  of Safety of the Department of Labor and Employment Security
12  or implement both a drug-free workplace program and a safety
13  program. The Division of Safety may by rule require that the
14  client of a help supply services company comply with the
15  essential requirements of a workplace safety program as a
16  condition for receiving a premium credit. The plans must take
17  effect January 1, 1994, must be actuarially sound, and must
18  state the savings anticipated to result from such drug-testing
19  and safety programs.
20         Section 41.  Section 627.0916, Florida Statutes, is
21  amended to read:
22         627.0916  Agricultural horse farms.--Notwithstanding
23  any other provision of this chapter to the contrary, any
24  rates, rating schedules, or rating manuals for workers'
25  compensation and employer's liability insurance filed with the
26  commission Department of Insurance shall provide for the rates
27  of an agricultural horse farm engaged in breeding or training
28  to be separated into the following three rate classifications
29  and the premium paid shall be applied proportionately
30  according to payroll: breeding activity involving stallions;
31
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  1  breeding activity not involving stallions, including but not
  2  limited to boarding and foaling; and training.
  3         Section 42.  Subsection (1) of section 627.096, Florida
  4  Statutes, is amended to read:
  5         627.096  Workers' Compensation Rating Bureau.--
  6         (1)  There is created within the commission department
  7  a Workers' Compensation Rating Bureau, which shall make an
  8  investigation and study of all insurers authorized to issue
  9  workers' compensation and employer's liability coverage in
10  this state. Such bureau shall study the data, statistics,
11  schedules, or other information as it may deem necessary to
12  assist and advise the commission department in its review of
13  filings made by or on behalf of workers' compensation and
14  employer's liability insurers. The commission department shall
15  have the authority to adopt promulgate rules requiring all
16  workers' compensation and employer's liability insurers to
17  submit to the rating bureau any data, statistics, schedules,
18  and other information deemed necessary to the rating bureau's
19  study and advisement.
20         Section 43.  Section 627.101, Florida Statutes, is
21  amended to read:
22         627.101  When filing becomes effective; workers'
23  compensation and employer's liability insurances.--
24         (1)  The commission department shall review filings as
25  to workers' compensation and employer's liability insurances
26  as soon as reasonably possible after they have been made in
27  order to determine whether they meet the applicable
28  requirements of this part. If the commission department
29  determines that part of a rate filing does not meet the
30  applicable requirements of this part, it may reject so much of
31
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  1  the filing as does not meet these requirements, and approve
  2  the remainder of the filing.
  3         (2)  The commission department shall specifically
  4  approve the filing before it becomes effective, unless the
  5  commission department has concluded it to be in the public
  6  interest to hold a public hearing to determine whether the
  7  filing meets the requirements of this chapter and has given
  8  notice of such hearing to the insurer or rating organization
  9  that made the filing, and in which case the effectiveness of
10  the filing shall be subject to the further order of the
11  commission department made as provided in s. 627.111.  If the
12  commission department specifically disapproves the filing, the
13  provisions of subsection (4) shall apply.
14         (3)  An insurer or rating organization may, at the time
15  it makes a filing with the commission department, request a
16  public hearing thereon. In such event, the commission
17  department shall give notice of the hearing.
18         (4)  If the commission department disapproves a filing,
19  it shall promptly give notice of such disapproval to the
20  insurer or rating organization that made the filing, stating
21  the respects in which it finds that the filing does not meet
22  the requirements of this chapter. If the commission department
23  approves a filing, it shall give prompt notice thereof to the
24  insurer or rating organization that made the filing, and in
25  which case the filing shall become effective upon such
26  approval or upon such subsequent date as may be satisfactory
27  to the commission department and the insurer or rating
28  organization that made the filing.
29         Section 44.  Section 627.111, Florida Statutes, is
30  amended to read:
31         627.111  Effective date of filing.--
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  1         (1)  If, pursuant to s. 627.101(2), the commission
  2  department determines to hold a public hearing as to a filing,
  3  or it holds such a public hearing pursuant to request therefor
  4  under s. 627.101(3), it shall give written notice thereof to
  5  the rating organization or insurer that made the filing and
  6  shall hold such hearing within 30 days, and not less than 10
  7  days prior to the date of the hearing, it shall give written
  8  notice of the hearing to the insurer or rating organization
  9  that made the filing. The commission department may also, in
10  its discretion, give advance public notice of such hearing by
11  publication of notice in one or more daily newspapers of
12  general circulation in this state.
13         (2)  If the order of the commission department
14  disapproves the filing, the filing shall not become effective
15  during the effectiveness of such order. If the order of the
16  commission department approves the filing, the filing shall
17  become effective upon the date of the order or upon such
18  subsequent date as may be satisfactory to the insurer or
19  rating organization that made the filing.
20         Section 45.  Section 627.141, Florida Statutes, is
21  amended to read:
22         627.141  Subsequent disapproval of filing; workers'
23  compensation and employer's liability insurances.--If at any
24  time after a filing has been approved by it or has otherwise
25  become effective the commission department finds that the
26  filing no longer meets the requirements of this chapter, it
27  shall issue an order specifying in what respects it finds that
28  such filing fails to meet such requirements and stating when,
29  within a reasonable period thereafter, such filing shall be
30  deemed no longer effective.  The order shall not affect any
31
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  1  insurance contract or policy made or issued prior to the
  2  expiration of the period set forth in the order.
  3         Section 46.  Subsection (1) of section 627.151, Florida
  4  Statutes, is amended to read:
  5         627.151  Basis of approval or disapproval of workers'
  6  compensation or employer's liability insurance filing; scope
  7  of disapproval power.--
  8         (1)  In determining at any time whether to approve or
  9  disapprove a filing as to workers' compensation or employer's
10  liability insurance, or to permit the filing otherwise to
11  become effective, the commission department shall give
12  consideration only to the applicable standards and factors
13  referred to in ss. 627.062 and 627.072.
14         Section 47.  Paragraph (f) of subsection (2) of section
15  627.192, Florida Statutes, is amended to read:
16         627.192  Workers' compensation insurance; employee
17  leasing arrangements.--
18         (2)  For purposes of the Florida Insurance Code:
19         (f)  "Premium subject to dispute" means that the
20  insured has provided a written notice of dispute to the
21  insurer or service carrier, has initiated any applicable
22  proceeding for resolving such disputes as prescribed by law or
23  rating organization procedures approved by the commission
24  department, or has initiated litigation regarding the premium
25  dispute. The insured must have detailed the specific areas of
26  dispute and provided an estimate of the premium the insured
27  believes to be correct. The insured must have paid any
28  undisputed portion of the bill.
29         Section 48.  Section 627.211, Florida Statutes, is
30  amended to read:
31
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  1         627.211  Deviations; workers' compensation and
  2  employer's liability insurances.--
  3         (1)  Every member or subscriber to a rating
  4  organization shall, as to workers' compensation or employer's
  5  liability insurance, adhere to the filings made on its behalf
  6  by such organization; except that any such insurer may make
  7  written application to the commission department for
  8  permission to file a uniform percentage decrease or increase
  9  to be applied to the premiums produced by the rating system so
10  filed for a kind of insurance, for a class of insurance which
11  is found by the commission department to be a proper rating
12  unit for the application of such uniform percentage decrease
13  or increase, or for a subdivision of workers' compensation or
14  employer's liability insurance:
15         (a)  Comprised of a group of manual classifications
16  which is treated as a separate unit for ratemaking purposes;
17  or
18         (b)  For which separate expense provisions are included
19  in the filings of the rating organization.
20
21  Such application shall specify the basis for the modification
22  and shall be accompanied by the data upon which the applicant
23  relies.  A copy of the application and data shall be sent
24  simultaneously to the rating organization.
25         (2)  Every member or subscriber to a rating
26  organization may, as to workers' compensation and employer's
27  liability insurance, file a plan or plans to use deviations
28  that vary according to factors present in each insured's
29  individual risk.  The insurer that files for the deviations
30  provided in this subsection shall file the qualifications for
31  the plans, schedules of rating factors, and the maximum
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  1  deviation factors which shall be subject to the approval of
  2  the commission department pursuant to s. 627.091. The actual
  3  deviation which shall be used for each insured that qualifies
  4  under this subsection may not exceed the maximum filed
  5  deviation under that plan and shall be based on the merits of
  6  each insured's individual risk as determined by using
  7  schedules of rating factors which shall be applied uniformly.
  8  Insurers shall maintain statistical data in accordance with
  9  the schedule of rating factors.  Such data shall be available
10  to support the continued use of such varying deviations.
11         (3)  In considering an application for the deviation,
12  the commission department shall give consideration to the
13  applicable principles for ratemaking as set forth in ss.
14  627.062 and 627.072, the financial condition of the insurer,
15  and the impact of the deviation on the current market
16  conditions including the composition of the market, the
17  stability of rates, and the level of competition in the
18  market.  In evaluating the financial condition of the insurer,
19  the commission department may consider: (1) the insurer's
20  audited financial statements and whether the statements
21  provide unqualified opinions or contain significant
22  qualifications or "subject to" provisions; (2) any independent
23  or other actuarial certification of loss reserves; (3) whether
24  workers' compensation and employer's liability reserves are
25  above the midpoint or best estimate of the actuary's reserve
26  range estimate; (4) the adequacy of the proposed rate; (5)
27  historical experience demonstrating the profitability of the
28  insurer; (6) the existence of excess or other reinsurance that
29  contains a sufficiently low attachment point and maximums that
30  provide adequate protection to the insurer; and (7) other
31  factors considered relevant to the financial condition of the
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  1  insurer by the commission department. The commission
  2  department shall approve the deviation if it finds it to be
  3  justified, it would not endanger the financial condition of
  4  the insurer, it would not adversely affect the current market
  5  conditions including the composition of the market, the
  6  stability of rates, and the level of competition in the
  7  market, and that the deviation would not constitute predatory
  8  pricing.  It shall disapprove the deviation if it finds that
  9  the resulting premiums would be excessive, inadequate, or
10  unfairly discriminatory, would endanger the financial
11  condition of the insurer, or would adversely affect current
12  market conditions including the composition of the
13  marketplace, the stability of rates, and the level of
14  competition in the market, or would result in predatory
15  pricing.  The insurer may not use a deviation unless the
16  deviation is specifically approved by the commission
17  department.
18         (4)  No filing for a deviation may be made pursuant to
19  this section prior to January 1, 1997. Notwithstanding the
20  provisions of this subsection, the department may extend or
21  renew any deviation filed and approved prior to the effective
22  date of this subsection.
23         (4)(5)  Each deviation permitted to be filed shall be
24  effective for a period of 1 year unless terminated, extended,
25  or modified with the approval of the commission department. If
26  at any time after a deviation has been approved the commission
27  department finds that the deviation no longer meets the
28  requirements of this code, it shall notify the insurer in what
29  respects it finds that the deviation fails to meet such
30  requirements and specify when, within a reasonable period
31  thereafter, the deviation shall be deemed no longer effective.
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  1  The notice shall not affect any insurance contract or policy
  2  made or issued prior to the expiration of the period set forth
  3  in the notice.
  4         (5)(6)  For purposes of this section, the commission
  5  department, when considering the experience of any insurer,
  6  shall consider the experience of any predecessor insurer when
  7  the business and the liabilities of the predecessor insurer
  8  were assumed by the insurer pursuant to an order of the
  9  department which approves the assumption of the business and
10  the liabilities.
11         Section 49.  Section 627.212, Florida Statutes, is
12  amended to read:
13         627.212  Workplace safety program surcharge.--The
14  commission department shall approve a rating plan for workers'
15  compensation coverage insurance that provides for carriers
16  voluntarily to impose a surcharge of no more than 10 percent
17  on the premium of a policyholder or fund member if that
18  policyholder or fund member has been identified by the
19  Department of Labor and Employment Security as having been
20  required to implement a safety program and having failed to
21  establish or maintain, either in whole or in part, a safety
22  program. The division shall adopt rules prescribing the
23  criteria for the employee safety programs.
24         Section 50.  Subsections (1), (9), and (12) of section
25  627.215, Florida Statutes, are amended to read:
26         627.215  Excessive profits for workers' compensation,
27  employer's liability, commercial property, and commercial
28  casualty insurance prohibited.--
29         (1)(a)  Each insurer group writing workers'
30  compensation and employer's liability insurance as defined in
31  s. 624.605(1)(c), commercial property insurance as defined in
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  1  s. 627.0625, commercial umbrella liability insurance as
  2  defined in s. 627.0625, or commercial casualty insurance as
  3  defined in s. 627.0625 shall file with the commission
  4  department prior to July 1 of each year, on a form prescribed
  5  by the commission department, the following data for the
  6  component types of such insurance as provided in the form:
  7         1.  Calendar-year earned premium.
  8         2.  Accident-year incurred losses and loss adjustment
  9  expenses.
10         3.  The administrative and selling expenses incurred in
11  this state or allocated to this state for the calendar year.
12         4.  Policyholder dividends applicable to the calendar
13  year.
14
15  Nothing herein is intended to prohibit an insurer from filing
16  on a calendar-year basis.
17         (b)  The data filed for the group shall be a
18  consolidation of the data of the individual insurers of the
19  group. However, an insurer may elect to either consolidate
20  commercial umbrella liability insurance data with commercial
21  casualty insurance data or to separately file data for
22  commercial umbrella liability insurance.  Each insurer shall
23  elect its method of filing commercial umbrella liability
24  insurance at the time of filing data for accident year 1987
25  and shall thereafter continue filing under the same method. In
26  the case of commercial umbrella liability insurance data
27  reported separately, a separate excessive profits test shall
28  be applied and the test period shall be 10 years. In the case
29  of workers' compensation and employer's liability insurance,
30  the final report for the test period including accident years
31  1984, 1985, and 1986 must be filed prior to July 1, 1988.  In
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  1  the case of commercial property and commercial casualty
  2  insurance, the final report for the test period including
  3  accident years 1987, 1988, and 1989 must be filed prior to
  4  July 1, 1991.
  5         (9)  If the insurer group has realized an excessive
  6  profit, the department shall order a return of the excessive
  7  amounts after affording the insurer group an opportunity for
  8  hearing and otherwise complying with the requirements of
  9  chapter 120.  Such excessive amounts shall be refunded in all
10  instances unless the insurer group affirmatively demonstrates
11  to the commission department that the refund of the excessive
12  amounts will render a member of the insurer group financially
13  impaired or will render it insolvent under the provisions of
14  the Florida Insurance Code.
15         (12)(a)  Refunds shall be completed in one of the
16  following ways:
17         1.  If the insurer group elects to make a cash refund,
18  the refund shall be completed within 60 days of entry of a
19  final order indicating that excessive profits have been
20  realized.
21         2.  If the insurer group elects to make refunds in the
22  form of a credit to renewal policies, such credits shall be
23  applied to policy renewal premium notices which are forwarded
24  to insureds more than 60 calendar days after entry of a final
25  order indicating that excessive profits have been realized.
26  If an insurer group has made this election but an insured
27  thereafter cancels her or his policy or otherwise allows the
28  policy to terminate, the insurer group shall make a cash
29  refund not later than 60 days after termination of such
30  coverage.
31
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  1         (b)  Upon completion of the renewal credits or refund
  2  payments, the insurer group shall immediately certify to the
  3  commission department that the refunds have been made.
  4         Section 51.  Subsection (1) of section 627.221, Florida
  5  Statutes, is amended to read:
  6         627.221  Rating organizations; licensing; fee.--
  7         (1)  A person, whether located within or outside this
  8  state, may make application to the commission department for a
  9  license as a rating organization.  As to property or inland
10  marine insurance, the application shall be for such kinds of
11  insurance or subdivisions thereof or classes of risk or a part
12  or combination thereof as are specified in the application.
13  As to casualty and surety insurances, the application shall be
14  for such kinds of insurance or subdivisions thereof as are
15  specified in the application.  The applicant shall file with
16  its application:
17         (a)  A copy of its constitution, its articles of
18  agreement or association or its certificate of incorporation,
19  and of its bylaws, rules, and regulations governing the
20  conduct of its business;
21         (b)  A list of its members and subscribers;
22         (c)  The name and address of a resident of this state
23  upon whom notices or orders of the department or process
24  affecting such rating organization may be served; and
25         (d)  A statement of its qualifications as a rating
26  organization.
27
28  If the commission department finds that the applicant is
29  competent, trustworthy, and otherwise qualified to act as a
30  rating organization and that its constitution, articles of
31  agreement or association or certificate of incorporation, and
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  1  its bylaws, rules, and regulations governing the conduct of
  2  its business conform to the requirements of law, it shall
  3  issue a license specifying (in the case of a casualty or
  4  surety rating organization) the kinds of insurance or
  5  subdivisions thereof, or (in the case of a property insurance
  6  rating organization) the kinds of insurance or subdivisions
  7  thereof or classes of risk or a part or combination thereof,
  8  for which the applicant is authorized to act as a rating
  9  organization.
10         Section 52.  Section 627.231, Florida Statutes, is
11  amended to read:
12         627.231  Subscribers to rating organizations.--
13         (1)  Subject to rules and regulations which have been
14  approved by the commission department as reasonable, each
15  rating organization shall permit any insurer, not a member, to
16  subscribe to its rating services. As to property and marine
17  rating organizations, an insurer shall be so permitted to
18  subscribe to rating services for any kind of insurance,
19  subdivision thereof, or class of risk or a part or combination
20  thereof for which the rating organization is authorized so to
21  act. As to casualty and surety rating organizations, an
22  insurer shall be so permitted to subscribe to rating services
23  for any kind of insurance or subdivision thereof for which the
24  rating organization is authorized so to act. The rating
25  organization shall give notice to subscribers of proposed
26  changes in such rules and regulations.
27         (2)  The reasonableness of any rule or regulation in
28  its application to subscribers, or the refusal of any rating
29  organization to admit an insurer as a subscriber, shall, at
30  the request of any subscriber or any such insurer, be reviewed
31  by the commission department. If the commission department
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  1  finds that such rule or regulation is unreasonable in its
  2  application to subscribers, it shall order that such rule or
  3  regulation shall not be applicable to subscribers. If the
  4  rating organization fails to grant or reject an insurer's
  5  application for subscribership within 30 days after it was
  6  made, the insurer may request a review by the commission
  7  department as if the application had been rejected. If the
  8  commission department finds that the insurer has been refused
  9  admittance to the rating organization as a subscriber without
10  justification, it shall order the rating organization to admit
11  the insurer as a subscriber.  If it finds that the action of
12  the rating organization was justified, it shall make an order
13  affirming its action.
14         (3)  Each rating organization shall furnish its rating
15  services without discrimination to its members and
16  subscribers.
17         Section 53.  Section 627.241, Florida Statutes, is
18  amended to read:
19         627.241  Notice of changes.--Every rating organization
20  shall notify the commission department promptly of every
21  change in:
22         (1)  Its constitution, its articles of agreement or
23  association, or its certificate of incorporation, and its
24  bylaws, rules and regulations governing the conduct of its
25  business;
26         (2)  Its list of members and subscribers; and
27         (3)  The name and address of the resident of this state
28  designated by it upon whom notices or orders of the department
29  or process affecting such rating organization may be served.
30         Section 54.  Section 627.281, Florida Statutes, is
31  amended to read:
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  1         627.281  Appeal from rating organization; workers'
  2  compensation and employer's liability insurance filings.--
  3         (1)  Any member or subscriber to a rating organization
  4  may appeal to the commission department from the action or
  5  decision of such rating organization in approving or rejecting
  6  any proposed change in or addition to the workers'
  7  compensation or employer's liability insurance filings of such
  8  rating organization, and the commission department shall issue
  9  an order approving the decision of such rating organization or
10  directing it to give further consideration to such proposal.
11  If such appeal is from the action or decision of the rating
12  organization in rejecting a proposed addition to its filings,
13  the commission department may, if in the event that it finds
14  that such action or decision was unreasonable, issue an order
15  directing the rating organization to make an addition to its
16  filings, on behalf of its members and subscribers, in a manner
17  consistent with its findings, within a reasonable time after
18  the issuance of such order.
19         (2)  If such appeal is based upon the failure of the
20  rating organization to make a filing on behalf of such member
21  or subscriber which is based on a system of expense provisions
22  which differs, in accordance with the right granted in s.
23  627.072(2), from the system of expense provisions included in
24  a filing made by the rating organization, the commission
25  department shall, if it grants the appeal, order the rating
26  organization to make the requested filing for use by the
27  appellant.  In deciding such appeal, the commission department
28  shall apply the applicable standards set forth in ss. 627.062
29  and 627.072.
30         Section 55.  Subsection (2) of section 627.291, Florida
31  Statutes, is amended to read:
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  1         627.291  Information to be furnished insureds; appeal
  2  by insureds; workers' compensation and employer's liability
  3  insurances.--
  4         (2)  As to workers' compensation and employer's
  5  liability insurances, every rating organization and every
  6  insurer which makes its own rates shall provide within this
  7  state reasonable means whereby any person aggrieved by the
  8  application of its rating system may be heard, in person or by
  9  his or her authorized representative, on his or her written
10  request to review the manner in which such rating system has
11  been applied in connection with the insurance afforded him or
12  her.  If the rating organization or insurer fails to grant or
13  rejects such request within 30 days after it is made, the
14  applicant may proceed in the same manner as if his or her
15  application had been rejected.  Any party affected by the
16  action of such rating organization or insurer on such request
17  may, within 30 days after written notice of such action,
18  appeal to the commission department, which may affirm or
19  reverse such action.
20         Section 56.  Section 627.301, Florida Statutes, is
21  amended to read:
22         627.301  Advisory organizations.--
23         (1)  No advisory organization shall conduct its
24  operations in this state unless and until it has filed with
25  the commission department:
26         (a)  A copy of its constitution, articles of
27  incorporation, articles of agreement or of association, and
28  bylaws or rules and regulations governing its activities, all
29  duly certified by the custodian of the originals thereof;
30         (b)  A list of its members and subscribers; and
31
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  1         (c)  The name and address of a resident of this state
  2  upon whom notices or orders of the department or process may
  3  be served.
  4         (2)  Every such advisory organization shall notify the
  5  commission department promptly of every change in:
  6         (a)  Its constitution;
  7         (b)  Its articles of incorporation, agreement, or
  8  association;
  9         (c)  Its bylaws, rules and regulations governing the
10  conduct of its business;
11         (d)  The list of members and subscribers; and
12         (e)  The name and address of the resident of this state
13  designated by it upon whom notices or orders of the commission
14  department or process affecting such organization may be
15  served.
16         (3)  No such advisory organization shall engage in any
17  unfair or unreasonable practice with respect to such
18  activities.
19         Section 57.  Subsection (4) of section 627.311, Florida
20  Statutes, is amended to read:
21         627.311  Joint underwriters and joint reinsurers.--
22         (4)(a)  Effective upon this act becoming a law, The
23  department shall, after consultation with insurers, approve a
24  joint underwriting plan of insurers which shall operate as a
25  nonprofit entity. For the purposes of this subsection, the
26  term "insurer" includes group self-insurance funds authorized
27  by s. 624.4621, commercial self-insurance funds authorized by
28  s. 624.462, assessable mutual insurers authorized under s.
29  628.6011, and insurers licensed to write workers' compensation
30  and employer's liability insurance in this state. The purpose
31  of the plan is to provide workers' compensation and employer's
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  1  liability insurance to applicants who are required by law to
  2  maintain workers' compensation and employer's liability
  3  insurance and who are in good faith entitled to but who are
  4  unable to purchase such insurance through the voluntary
  5  market. The joint underwriting plan shall issue policies
  6  beginning January 1, 1994. The plan must have actuarially
  7  sound rates that assure that the plan is self-supporting.
  8         (b)  The operation of the plan is subject to the
  9  supervision of a 13-member board of governors. The board of
10  governors shall be comprised of:
11         1.  Five of the 20 domestic insurers, as defined in s.
12  624.06(1), having the largest voluntary direct premiums
13  written in this state for workers' compensation and employer's
14  liability insurance, which shall be elected by those 20
15  domestic insurers;
16         2.  Five of the 20 foreign insurers as defined in s.
17  624.06(2) having the largest voluntary direct premiums written
18  in this state for workers' compensation and employer's
19  liability insurance, which shall be elected by those 20
20  foreign insurers;
21         3.  One person, who shall serve as the chair, appointed
22  by the Insurance Commissioner;
23         4.  One person appointed by the largest property and
24  casualty insurance agents' association in this state; and
25         5.  The consumer advocate appointed under s. 627.0613
26  or the consumer advocate's designee.
27
28  Each board member shall serve a 4-year term and may serve
29  consecutive terms. No board member shall be an insurer which
30  provides service to the plan or which has an affiliate which
31  provides services to the plan or which is serviced by a
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  1  service company or third-party administrator which provides
  2  services to the plan or which has an affiliate which provides
  3  services to the plan. The minutes, audits, and procedures of
  4  the board of governors are subject to chapter 119.
  5         (c)  The operation of the plan shall be governed by a
  6  plan of operation that is prepared at the direction of the
  7  board of governors. The plan of operation may be changed at
  8  any time by the board of governors or upon request of the
  9  department or commission. The plan of operation and all
10  changes thereto are subject to the approval of the department,
11  except that all changes related to rates are subject to
12  approval of the commission. The plan of operation shall:
13         1.  Authorize the board to engage in the activities
14  necessary to implement this subsection, including, but not
15  limited to, borrowing money.
16         2.  Develop criteria for eligibility for coverage by
17  the plan, including, but not limited to, documented rejection
18  by at least two insurers which reasonably assures that
19  insureds covered under the plan are unable to acquire coverage
20  in the voluntary market. Any insured may voluntarily elect to
21  accept coverage from an insurer for a premium equal to or
22  greater than the plan premium if the insurer writing the
23  coverage adheres to the provisions of s. 627.171.
24         3.  Require notice from the agent to the insured at the
25  time of the application for coverage that the application is
26  for coverage with the plan and that coverage may be available
27  through an insurer, group self-insurers' fund, commercial
28  self-insurance fund, or assessable mutual insurer through
29  another agent at a lower cost.
30
31
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  1         4.  Establish programs to encourage insurers to provide
  2  coverage to applicants of the plan in the voluntary market and
  3  to insureds of the plan, including, but not limited to:
  4         a.  Establishing procedures for an insurer to use in
  5  notifying the plan of the insurer's desire to provide coverage
  6  to applicants to the plan or existing insureds of the plan and
  7  in describing the types of risks in which the insurer is
  8  interested. The description of the desired risks must be on a
  9  form developed by the plan.
10         b.  Developing forms and procedures that provide an
11  insurer with the information necessary to determine whether
12  the insurer wants to write particular applicants to the plan
13  or insureds of the plan.
14         c.  Developing procedures for notice to the plan and
15  the applicant to the plan or insured of the plan that an
16  insurer will insure the applicant or the insured of the plan,
17  and notice of the cost of the coverage offered; and developing
18  procedures for the selection of an insuring entity by the
19  applicant or insured of the plan.
20         d.  Provide for a market-assistance plan to assist in
21  the placement of employers. All applications for coverage in
22  the plan received 45 days before the effective date for
23  coverage shall be processed through the market-assistance
24  plan. A market-assistance plan specifically designed to serve
25  the needs of small good policyholders as defined by the board
26  must be finalized by January 1, 1994.
27         5.  Provide for policy and claims services to the
28  insureds of the plan of the nature and quality provided for
29  insureds in the voluntary market.
30
31
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  1         6.  Provide for the review of applications for coverage
  2  with the plan for reasonableness and accuracy, using any
  3  available historic information regarding the insured.
  4         7.  Provide for procedures for auditing insureds of the
  5  plan which are based on reasonable business judgment and are
  6  designed to maximize the likelihood that the plan will collect
  7  the appropriate premiums.
  8         8.  Authorize the plan to terminate the coverage of and
  9  refuse future coverage for any insured that submits a
10  fraudulent application to the plan or provides fraudulent or
11  grossly erroneous records to the plan or to any service
12  provider of the plan in conjunction with the activities of the
13  plan.
14         9.  Establish service standards for agents who submit
15  business to the plan.
16         10.  Establish criteria and procedures to prohibit any
17  agent who does not adhere to the established service standards
18  from placing business with the plan or receiving, directly or
19  indirectly, any commissions for business placed with the plan.
20         11.  Provide for the establishment of reasonable safety
21  programs for all insureds in the plan.
22         12.  Authorize the plan to terminate the coverage of
23  and refuse future coverage to any insured who fails to pay
24  premiums or surcharges when due; who, at the time of
25  application, is delinquent in payments of workers'
26  compensation or employer's liability insurance premiums or
27  surcharges owed to an insurer, group self-insurers' fund,
28  commercial self-insurance fund, or assessable mutual insurer
29  licensed to write such coverage in this state; or who refuses
30  to substantially comply with any safety programs recommended
31  by the plan.
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  1         13.  Authorize the board of governors to provide the
  2  services required by the plan through staff employed by the
  3  plan, through reasonably compensated service providers who
  4  contract with the plan to provide services as specified by the
  5  board of governors, or through a combination of employees and
  6  service providers.
  7         14.  Provide for service standards for service
  8  providers, methods of determining adherence to those service
  9  standards, incentives and disincentives for service, and
10  procedures for terminating contracts for service providers
11  that fail to adhere to service standards.
12         15.  Provide procedures for selecting service providers
13  and standards for qualification as a service provider that
14  reasonably assure that any service provider selected will
15  continue to operate as an ongoing concern and is capable of
16  providing the specified services in the manner required.
17         16.  Provide for reasonable accounting and
18  data-reporting practices.
19         17.  Provide for annual review of costs associated with
20  the administration and servicing of the policies issued by the
21  plan to determine alternatives by which costs can be reduced.
22         18.  Authorize the acquisition of such excess insurance
23  or reinsurance as is consistent with the purposes of the plan.
24         19.  Provide for an annual report to the department on
25  a date specified by the department and containing such
26  information as the department reasonably requires.
27         20.  Establish multiple rating plans for various
28  classifications of risk which reflect risk of loss, hazard
29  grade, actual losses, size of premium, and compliance with
30  loss control. At least one of such plans must be a
31  preferred-rating plan to accommodate small-premium
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  1  policyholders with good experience as defined in
  2  sub-subparagraph 22.a.
  3         21.  Establish agent commission schedules.
  4         22.  Establish three subplans as follows:
  5         a.  Subplan "A" must include those insureds whose
  6  annual premium does not exceed $2,500 and who have neither
  7  incurred any lost-time claims nor incurred medical-only claims
  8  exceeding 50 percent of their premium for the immediate 2
  9  years.
10         b.  Subplan "B" must include insureds that are
11  employers identified by the board of governors as high-risk
12  employers due solely to the nature of the operations being
13  performed by those insureds and for whom no market exists in
14  the voluntary market, and whose experience modifications are
15  less than 1.00.
16         c.  Subplan "C" must include all other insureds within
17  the plan.
18         (d)  The plan must be funded through actuarially sound
19  premiums charged to insureds of the plan. The plan may issue
20  assessable policies only to those insureds in subplan "C."
21  Those assessable policies must be clearly identified as
22  assessable by containing, in contrasting color and in not less
23  than 10-point type, the following statements: "This is an
24  assessable policy. If the plan is unable to pay its
25  obligations, policyholders will be required to contribute on a
26  pro rata earned premium basis the money necessary to meet any
27  assessment levied." The plan may issue assessable policies
28  with differing terms and conditions to different groups within
29  the plan when a reasonable basis exists for the
30  differentiation. The plan may offer rating, dividend plans,
31  and other plans to encourage loss prevention programs.
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  1         (e)  The plan shall establish and use its rates and
  2  rating plans, and the plan may establish and use changes in
  3  rating plans at any time, but no more frequently than two
  4  times per any rating class for any calendar year. By December
  5  1, 1993, and December 1 of each year thereafter, the board
  6  shall establish and use actuarially sound rates for use by the
  7  plan to assure that the plan is self-funding while those rates
  8  are in effect. Such rates and rating plans must be filed with
  9  the commission department within 30 calendar days after their
10  effective dates, and shall be considered a "use and file"
11  filing. Any disapproval by the commission department must have
12  an effective date that is at least 60 days from the date of
13  disapproval of the rates and rating plan and must have
14  prospective effect only. The plan may not be subject to any
15  order by the commission department to return to policyholders
16  any portion of the rates disapproved by the commission
17  department. The commission department may not disapprove any
18  rates or rating plans unless it demonstrates that such rates
19  and rating plans are excessive, inadequate, or unfairly
20  discriminatory.
21         (f)  No later than June 1 of each year, the plan shall
22  obtain an independent actuarial certification of the results
23  of the operations of the plan for prior years, and shall
24  furnish a copy of the certification to the commission
25  department. If, after the effective date of the plan, the
26  projected ultimate incurred losses and expenses and dividends
27  for prior years exceed collected premiums, accrued net
28  investment income, and prior assessments for prior years, the
29  certification is subject to review and approval by the
30  commission department before it becomes final.
31
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  1         (g)  Whenever a deficit exists, the plan shall, within
  2  90 days, provide the department and the commission with a
  3  program to eliminate the deficit within a reasonable time. The
  4  deficit may be funded both through increased premiums charged
  5  to insureds of the plan for subsequent years and through
  6  assessments on insureds in the plan if the plan uses
  7  assessable policies.
  8         (h)  Any premium or assessments collected by the plan
  9  in excess of the amount necessary to fund projected ultimate
10  incurred losses and expenses of the plan and not paid to
11  insureds of the plan in conjunction with loss prevention or
12  dividend programs shall be retained by the plan for future
13  use.
14         (i)  The decisions of the board of governors do not
15  constitute final agency action and are not subject to chapter
16  120.
17         (j)  Policies for insureds shall be issued by the plan.
18         (k)  The plan created under this subsection is liable
19  only for payment for losses arising under policies issued by
20  the plan with dates of accidents occurring on or after January
21  1, 1994.
22         (l)  Plan losses are the sole and exclusive
23  responsibility of the plan, and payment for such losses must
24  be funded in accordance with this subsection and must not
25  come, directly or indirectly, from insurers or any guaranty
26  association for such insurers.
27         (m)  Each joint underwriting plan or association
28  created under this section is not a state agency, board, or
29  commission. However, for the purposes of s. 199.183(1) only,
30  the joint underwriting plan is a political subdivision of the
31  state and is exempt from the corporate income tax.
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  1         (n)  Each joint underwriting plan or association may
  2  elect to pay premium taxes on the premiums received on its
  3  behalf or may elect to have the member insurers to whom the
  4  premiums are allocated pay the premium taxes if the member
  5  insurer had written the policy. The joint underwriting plan or
  6  association shall notify the member insurers and the
  7  Department of Revenue by January 15 of each year of its
  8  election for the same year. As used in this paragraph, the
  9  term "premiums received" means the consideration for
10  insurance, by whatever name called, but does not include any
11  policy assessment or surcharge received by the joint
12  underwriting association as a result of apportioning losses or
13  deficits of the association pursuant to this section.
14         (o)  Effective midnight, December 31, 1993, the Florida
15  Workers' Compensation Insurance Plan, administered by the
16  National Council on Compensation Insurance, shall terminate,
17  except with respect to workers' compensation policies issued
18  pursuant to such Florida Workers' Compensation Insurance Plan
19  with inception dates on or before December 31, 1993.
20         (p)  Neither the plan nor any member of the board of
21  governors is liable for monetary damages to any person for any
22  statement, vote, decision, or failure to act, regarding the
23  management or policies of the plan, unless:
24         1.  The member breached or failed to perform her or his
25  duties as a member; and
26         2.  The member's breach of, or failure to perform,
27  duties constitutes:
28         a.  A violation of the criminal law, unless the member
29  had reasonable cause to believe her or his conduct was
30  unlawful. A judgment or other final adjudication against a
31  member in any criminal proceeding for violation of the
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  1  criminal law estops that member from contesting the fact that
  2  her or his breach, or failure to perform, constitutes a
  3  violation of the criminal law; but does not estop the member
  4  from establishing that she or he had reasonable cause to
  5  believe that her or his conduct was lawful or had no
  6  reasonable cause to believe that her or his conduct was
  7  unlawful;
  8         b.  A transaction from which the member derived an
  9  improper personal benefit, either directly or indirectly; or
10         c.  Recklessness or any act or omission that was
11  committed in bad faith or with malicious purpose or in a
12  manner exhibiting wanton and willful disregard of human
13  rights, safety, or property. For purposes of this
14  sub-subparagraph, the term "recklessness" means the acting, or
15  omission to act, in conscious disregard of a risk:
16         (I)  Known, or so obvious that it should have been
17  known, to the member; and
18         (II)  Known to the member, or so obvious that it should
19  have been known, to be so great as to make it highly probable
20  that harm would follow from such act or omission.
21         (q)  No insurer shall provide workers' compensation and
22  employer's liability insurance to any person who is delinquent
23  in the payment of premiums, assessments, penalties, or
24  surcharges owed to the plan.
25         (5)  As used in this section and ss. 215.555 and
26  627.351, the term "collateral protection insurance" means
27  commercial property insurance of which a creditor is the
28  primary beneficiary and policyholder and which protects or
29  covers an interest of the creditor arising out of a credit
30  transaction secured by real or personal property. Initiation
31  of such coverage is triggered by the mortgagor's failure to
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  1  maintain insurance coverage as required by the mortgage or
  2  other lending document. Collateral protection insurance is not
  3  residential coverage.
  4         Section 58.  Subsection (6) of section 627.314, Florida
  5  Statutes, is amended to read:
  6         627.314  Concerted action by two or more insurers.--
  7         (6)  Notwithstanding any other provisions of this part,
  8  insurers shall not participate directly or indirectly in the
  9  deliberations or decisions of rating organizations on private
10  passenger automobile insurance.  However, such rating
11  organizations shall, upon request of individual insurers, be
12  required to furnish at reasonable cost the rate indications
13  resulting from the loss and expense statistics gathered by
14  them. Individual insurers may modify the indications to
15  reflect their individual experience in determining their own
16  rates.  Such rates shall be filed with the commission
17  department for public inspection whenever requested and shall
18  be available for public announcement only by the press,
19  commission department, or insurer.
20         Section 59.  Section 627.331, Florida Statutes, is
21  amended to read:
22         627.331  Recording and reporting of loss, expense, and
23  claims experience; rating information.--
24         (1)  The commission department may adopt promulgate
25  rules and statistical plans which shall thereafter be used by
26  each insurer in the recording and reporting of its loss,
27  expense, and claims experience, in order that the experience
28  of all insurers may be made available at least annually in
29  such form and detail as may be necessary to aid the department
30  in determining whether the insurer's activities comply with
31  the applicable standards of this code.
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  1         (2)  In adopting promulgating such rules and plans, the
  2  commission department shall give due consideration to the
  3  rating systems in use in this state and, in order that such
  4  rules and plans may be as uniform as is practicable among the
  5  several states, to the rules and to the form of the plans used
  6  for such rating systems in other states.  No insurer shall be
  7  required to record or report its loss experience on a
  8  classification basis that is inconsistent with the rating
  9  system used by it, except for motor vehicle insurance as
10  otherwise provided by law.
11         (3)  The commission department may designate one or
12  more rating organizations or other agencies to assist it in
13  gathering such experience and making compilations thereof; and
14  such compilations shall be made available, subject to
15  reasonable rules adopted promulgated by the commission
16  department, to insurers and rating organizations.
17         Section 60.  Subsections (1), (2), (4), (5), and (6) of
18  section 627.351, Florida Statutes, are amended to read:
19         627.351  Insurance risk apportionment plans.--
20         (1)  MOTOR VEHICLE INSURANCE RISK
21  APPORTIONMENT.--Agreements may be made among casualty and
22  surety insurers with respect to the equitable apportionment
23  among them of insurance which may be afforded applicants who
24  are in good faith entitled to, but are unable to, procure such
25  insurance through ordinary methods, and such insurers may
26  agree among themselves on the use of reasonable rate
27  modifications for such insurance.  Such agreements and rate
28  modifications shall be subject to the approval of the
29  department.  The department shall, after consultation with the
30  insurers licensed to write automobile liability insurance in
31  this state, adopt a reasonable plan or plans for the equitable
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  1  apportionment among such insurers of applicants for such
  2  insurance who are in good faith entitled to, but are unable
  3  to, procure such insurance through ordinary methods, and, when
  4  such plan has been adopted, all such insurers shall subscribe
  5  thereto and shall participate therein.  Such plan or plans
  6  shall include rules for classification of risks and rates
  7  therefor.  The plan or plans shall make available
  8  noncancelable coverage as provided in s. 627.7275(2).  Any
  9  insured placed with the plan shall be notified of the fact
10  that insurance coverage is being afforded through the plan and
11  not through the private market, and such notification shall be
12  given in writing within 10 days of such placement.  To assure
13  that plan rates are made adequate to pay claims and expenses,
14  insurers shall develop a means of obtaining loss and expense
15  experience at least annually, and the plan shall file such
16  experience, when available, with the commission department in
17  sufficient detail to make a determination of rate adequacy.
18  Prior to the filing of such experience with the commission
19  department, the plan shall poll each member insurer as to the
20  need for an actuary who is a member of the Casualty Actuarial
21  Society and who is not affiliated with the plan's statistical
22  agent to certify the plan's rate adequacy. If a majority of
23  those insurers responding indicate a need for such
24  certification, the plan shall include the certification as
25  part of its experience filing.  Such experience shall be filed
26  with the commission department not more than 9 months
27  following the end of the annual statistical period under
28  review, together with a rate filing based on that said
29  experience.  The commission department shall initiate
30  proceedings to disapprove the rate and so notify the plan or
31  shall finalize its review within 60 days after of receipt of
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  1  the filing. Notification to the plan by the commission
  2  department of its preliminary findings, which include a point
  3  of entry to the plan pursuant to chapter 120, shall toll the
  4  60-day period during any such proceedings and subsequent
  5  judicial review.  The rate shall be deemed approved if the
  6  commission department does not issue notice to the plan of its
  7  preliminary findings within 60 days of the filing.  In
  8  addition to provisions for claims and expenses, the ratemaking
  9  formula shall include a factor for projected claims trending
10  and 5 percent for contingencies.  In no instance shall the
11  formula include a renewal discount for plan insureds. However,
12  the plan shall reunderwrite each insured on an annual basis,
13  based upon all applicable rating factors approved by the
14  department.  Trend factors shall not be found to be
15  inappropriate if not in excess of trend factors normally used
16  in the development of residual market rates by the appropriate
17  licensed rating organization.  Each application for coverage
18  in the plan shall include, in boldfaced 12-point type
19  immediately preceding the applicant's signature, the following
20  statement:
21
22         "THIS INSURANCE IS BEING AFFORDED THROUGH THE
23         FLORIDA JOINT UNDERWRITING ASSOCIATION AND NOT
24         THROUGH THE PRIVATE MARKET. PLEASE BE ADVISED
25         THAT COVERAGE WITH A PRIVATE INSURER MAY BE
26         AVAILABLE FROM ANOTHER AGENT AT A LOWER COST.
27         AGENT AND COMPANY LISTINGS ARE AVAILABLE IN THE
28         LOCAL YELLOW PAGES."
29
30
31
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  1  The plan shall annually report to the commission
  2  department the number and percentage of plan insureds
  3  who are not surcharged due to their driving record.
  4         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--
  5         (a)  Agreements may be made among property insurers
  6  with respect to the equitable apportionment among them of
  7  insurance which may be afforded applicants who are in good
  8  faith entitled to, but are unable to procure, such insurance
  9  through ordinary methods; and such insurers may agree among
10  themselves on the use of reasonable rate modifications for
11  such insurance. Such agreements and rate modifications shall
12  be subject to the applicable provisions of this chapter.
13         (b)  The department shall require all insurers holding
14  a certificate of authority to transact property insurance on a
15  direct basis in this state, other than joint underwriting
16  associations and other entities formed pursuant to this
17  section, to provide windstorm coverage to applicants from
18  areas determined to be eligible pursuant to paragraph (c) who
19  in good faith are entitled to, but are unable to procure, such
20  coverage through ordinary means; or it shall adopt a
21  reasonable plan or plans for the equitable apportionment or
22  sharing among such insurers of windstorm coverage, which may
23  include formation of an association for this purpose. As used
24  in this subsection, the term "property insurance" means
25  insurance on real or personal property, as defined in s.
26  624.604, including insurance for fire, industrial fire, allied
27  lines, farmowners multiperil, homeowners' multiperil,
28  commercial multiperil, and mobile homes, and including
29  liability coverages on all such insurance, but excluding
30  inland marine as defined in s. 624.607(3) and excluding
31  vehicle insurance as defined in s. 624.605(1)(a) other than
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  1  insurance on mobile homes used as permanent dwellings. The
  2  department shall adopt rules that provide a formula for the
  3  recovery and repayment of any deferred assessments.
  4         1.  For the purpose of this section, properties
  5  eligible for such windstorm coverage are defined as dwellings,
  6  buildings, and other structures, including mobile homes which
  7  are used as dwellings and which are tied down in compliance
  8  with mobile home tie-down requirements prescribed by the
  9  Department of Highway Safety and Motor Vehicles pursuant to s.
10  320.8325, and the contents of all such properties. An
11  applicant or policyholder is eligible for coverage only if an
12  offer of coverage cannot be obtained by or for the applicant
13  or policyholder from an admitted insurer at approved rates.
14         2.a.(I)  All insurers required to be members of such
15  association shall participate in its writings, expenses, and
16  losses. Surplus of the association shall be retained for the
17  payment of claims and shall not be distributed to the member
18  insurers. Such participation by member insurers shall be in
19  the proportion that the net direct premiums of each member
20  insurer written for property insurance in this state during
21  the preceding calendar year bear to the aggregate net direct
22  premiums for property insurance of all member insurers, as
23  reduced by any credits for voluntary writings, in this state
24  during the preceding calendar year. For the purposes of this
25  subsection, the term "net direct premiums" means direct
26  written premiums for property insurance, reduced by premium
27  for liability coverage and for the following if included in
28  allied lines: rain and hail on growing crops; livestock;
29  association direct premiums booked; National Flood Insurance
30  Program direct premiums; and similar deductions specifically
31  authorized by the plan of operation and approved by the
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  1  department. A member's participation shall begin on the first
  2  day of the calendar year following the year in which it is
  3  issued a certificate of authority to transact property
  4  insurance in the state and shall terminate 1 year after the
  5  end of the calendar year during which it no longer holds a
  6  certificate of authority to transact property insurance in the
  7  state. The commissioner, after review of annual statements,
  8  other reports, and any other statistics that the commissioner
  9  deems necessary, shall certify to the association the
10  aggregate direct premiums written for property insurance in
11  this state by all member insurers.
12         (II)  The plan of operation shall provide for a board
13  of directors consisting of the Insurance Consumer Advocate
14  appointed under s. 627.0613, 1 consumer representative
15  appointed by the Insurance Commissioner, 1 consumer
16  representative appointed by the Governor, and 12 additional
17  members appointed as specified in the plan of operation. One
18  of the 12 additional members shall be elected by the domestic
19  companies of this state on the basis of cumulative weighted
20  voting based on the net direct premiums of domestic companies
21  in this state. Nothing in the 1997 amendments to this
22  paragraph terminates the existing board or the terms of any
23  members of the board.
24         (III)  The plan of operation shall provide a formula
25  whereby a company voluntarily providing windstorm coverage in
26  affected areas will be relieved wholly or partially from
27  apportionment of a regular assessment pursuant to
28  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).
29         (IV)  A company which is a member of a group of
30  companies under common management may elect to have its
31  credits applied on a group basis, and any company or group may
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  1  elect to have its credits applied to any other company or
  2  group.
  3         (V)  There shall be no credits or relief from
  4  apportionment to a company for emergency assessments collected
  5  from its policyholders under sub-sub-subparagraph d.(III).
  6         (VI)  The plan of operation may also provide for the
  7  award of credits, for a period not to exceed 3 years, from a
  8  regular assessment pursuant to sub-sub-subparagraph d.(I) or
  9  sub-sub-subparagraph d.(II) as an incentive for taking
10  policies out of the Residential Property and Casualty Joint
11  Underwriting Association.  In order to qualify for the
12  exemption under this sub-sub-subparagraph, the take-out plan
13  must provide that at least 40 percent of the policies removed
14  from the Residential Property and Casualty Joint Underwriting
15  Association cover risks located in Dade, Broward, and Palm
16  Beach Counties or at least 30 percent of the policies so
17  removed cover risks located in Dade, Broward, and Palm Beach
18  Counties and an additional 50 percent of the policies so
19  removed cover risks located in other coastal counties, and
20  must also provide that no more than 15 percent of the policies
21  so removed may exclude windstorm coverage.  With the approval
22  of the department, the association may waive these geographic
23  criteria for a take-out plan that removes at least the lesser
24  of 100,000 Residential Property and Casualty Joint
25  Underwriting Association policies or 15 percent of the total
26  number of Residential Property and Casualty Joint Underwriting
27  Association policies, provided the governing board of the
28  Residential Property and Casualty Joint Underwriting
29  Association certifies that the take-out plan will materially
30  reduce the Residential Property and Casualty Joint
31  Underwriting Association's 100-year probable maximum loss from
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  1  hurricanes.  With the approval of the department, the board
  2  may extend such credits for an additional year if the insurer
  3  guarantees an additional year of renewability for all policies
  4  removed from the Residential Property and Casualty Joint
  5  Underwriting Association, or for 2 additional years if the
  6  insurer guarantees 2 additional years of renewability for all
  7  policies removed from the Residential Property and Casualty
  8  Joint Underwriting Association.
  9         b.  Assessments to pay deficits in the association
10  under this subparagraph shall be included as an appropriate
11  factor in the making of rates as provided in s. 627.3512.
12         c.  The Legislature finds that the potential for
13  unlimited deficit assessments under this subparagraph may
14  induce insurers to attempt to reduce their writings in the
15  voluntary market, and that such actions would worsen the
16  availability problems that the association was created to
17  remedy. It is the intent of the Legislature that insurers
18  remain fully responsible for paying regular assessments and
19  collecting emergency assessments for any deficits of the
20  association; however, it is also the intent of the Legislature
21  to provide a means by which assessment liabilities may be
22  amortized over a period of years.
23         d.(I)  When the deficit incurred in a particular
24  calendar year is 10 percent or less of the aggregate statewide
25  direct written premium for property insurance for the prior
26  calendar year for all member insurers, the association shall
27  levy an assessment on member insurers in an amount equal to
28  the deficit.
29         (II)  When the deficit incurred in a particular
30  calendar year exceeds 10 percent of the aggregate statewide
31  direct written premium for property insurance for the prior
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  1  calendar year for all member insurers, the association shall
  2  levy an assessment on member insurers in an amount equal to
  3  the greater of 10 percent of the deficit or 10 percent of the
  4  aggregate statewide direct written premium for property
  5  insurance for the prior calendar year for member insurers. Any
  6  remaining deficit shall be recovered through emergency
  7  assessments under sub-sub-subparagraph (III).
  8         (III)  Upon a determination by the board of directors
  9  that a deficit exceeds the amount that will be recovered
10  through regular assessments on member insurers, pursuant to
11  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the
12  board shall levy, after verification by the department,
13  emergency assessments to be collected by member insurers and
14  by underwriting associations created pursuant to this section
15  which write property insurance, upon issuance or renewal of
16  property insurance policies other than National Flood
17  Insurance policies in the year or years following levy of the
18  regular assessments. The amount of the emergency assessment
19  collected in a particular year shall be a uniform percentage
20  of that year's direct written premium for property insurance
21  for all member insurers and underwriting associations,
22  excluding National Flood Insurance policy premiums, as
23  annually determined by the board and verified by the
24  department. The department shall verify the arithmetic
25  calculations involved in the board's determination within 30
26  days after receipt of the information on which the
27  determination was based. Notwithstanding any other provision
28  of law, each member insurer and each underwriting association
29  created pursuant to this section shall collect emergency
30  assessments from its policyholders without such obligation
31  being affected by any credit, limitation, exemption, or
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  1  deferment.  The emergency assessments so collected shall be
  2  transferred directly to the association on a periodic basis as
  3  determined by the association. The aggregate amount of
  4  emergency assessments levied under this sub-sub-subparagraph
  5  in any calendar year may not exceed the greater of 10 percent
  6  of the amount needed to cover the original deficit, plus
  7  interest, fees, commissions, required reserves, and other
  8  costs associated with financing of the original deficit, or 10
  9  percent of the aggregate statewide direct written premium for
10  property insurance written by member insurers and underwriting
11  associations for the prior year, plus interest, fees,
12  commissions, required reserves, and other costs associated
13  with financing the original deficit. The board may pledge the
14  proceeds of the emergency assessments under this
15  sub-sub-subparagraph as the source of revenue for bonds, to
16  retire any other debt incurred as a result of the deficit or
17  events giving rise to the deficit, or in any other way that
18  the board determines will efficiently recover the deficit. The
19  emergency assessments under this sub-sub-subparagraph shall
20  continue as long as any bonds issued or other indebtedness
21  incurred with respect to a deficit for which the assessment
22  was imposed remain outstanding, unless adequate provision has
23  been made for the payment of such bonds or other indebtedness
24  pursuant to the document governing such bonds or other
25  indebtedness. Emergency assessments collected under this
26  sub-sub-subparagraph are not part of an insurer's rates, are
27  not premium, and are not subject to premium tax, fees, or
28  commissions; however, failure to pay the emergency assessment
29  shall be treated as failure to pay premium.
30         (IV)  Each member insurer's share of the total regular
31  assessments under sub-sub-subparagraph (I) or
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  1  sub-sub-subparagraph (II) shall be in the proportion that the
  2  insurer's net direct premium for property insurance in this
  3  state, for the year preceding the assessment bears to the
  4  aggregate statewide net direct premium for property insurance
  5  of all member insurers, as reduced by any credits for
  6  voluntary writings for that year.
  7         (V)  If regular deficit assessments are made under
  8  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by
  9  the Residential Property and Casualty Joint Underwriting
10  Association under sub-subparagraph (6)(b)3.a. or
11  sub-subparagraph (6)(b)3.b., the association shall levy upon
12  the association's policyholders, as part of its next rate
13  filing, or by a separate rate filing solely for this purpose,
14  a market equalization surcharge in a percentage equal to the
15  total amount of such regular assessments divided by the
16  aggregate statewide direct written premium for property
17  insurance for member insurers for the prior calendar year.
18  Market equalization surcharges under this sub-sub-subparagraph
19  are not considered premium and are not subject to commissions,
20  fees, or premium taxes; however, failure to pay a market
21  equalization surcharge shall be treated as failure to pay
22  premium.
23         e.  The governing body of any unit of local government,
24  any residents of which are insured under the plan, may issue
25  bonds as defined in s. 125.013 or s. 166.101 to fund an
26  assistance program, in conjunction with the association, for
27  the purpose of defraying deficits of the association. In order
28  to avoid needless and indiscriminate proliferation,
29  duplication, and fragmentation of such assistance programs,
30  any unit of local government, any residents of which are
31  insured by the association, may provide for the payment of
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  1  losses, regardless of whether or not the losses occurred
  2  within or outside of the territorial jurisdiction of the local
  3  government. Revenue bonds may not be issued until validated
  4  pursuant to chapter 75, unless a state of emergency is
  5  declared by executive order or proclamation of the Governor
  6  pursuant to s. 252.36 making such findings as are necessary to
  7  determine that it is in the best interests of, and necessary
  8  for, the protection of the public health, safety, and general
  9  welfare of residents of this state and the protection and
10  preservation of the economic stability of insurers operating
11  in this state, and declaring it an essential public purpose to
12  permit certain municipalities or counties to issue bonds as
13  will provide relief to claimants and policyholders of the
14  association and insurers responsible for apportionment of plan
15  losses. Any such unit of local government may enter into such
16  contracts with the association and with any other entity
17  created pursuant to this subsection as are necessary to carry
18  out this paragraph. Any bonds issued under this
19  sub-subparagraph shall be payable from and secured by moneys
20  received by the association from assessments under this
21  subparagraph, and assigned and pledged to or on behalf of the
22  unit of local government for the benefit of the holders of
23  such bonds. The funds, credit, property, and taxing power of
24  the state or of the unit of local government shall not be
25  pledged for the payment of such bonds. If any of the bonds
26  remain unsold 60 days after issuance, the department shall
27  require all insurers subject to assessment to purchase the
28  bonds, which shall be treated as admitted assets; each insurer
29  shall be required to purchase that percentage of the unsold
30  portion of the bond issue that equals the insurer's relative
31  share of assessment liability under this subsection. An
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  1  insurer shall not be required to purchase the bonds to the
  2  extent that the department determines that the purchase would
  3  endanger or impair the solvency of the insurer. The authority
  4  granted by this sub-subparagraph is additional to any bonding
  5  authority granted by subparagraph 6.
  6         3.  The plan shall also provide that any member with a
  7  surplus as to policyholders of $20 million or less writing 25
  8  percent or more of its total countrywide property insurance
  9  premiums in this state may petition the department, within the
10  first 90 days of each calendar year, to qualify as a limited
11  apportionment company. The apportionment of such a member
12  company in any calendar year for which it is qualified shall
13  not exceed its gross participation, which shall not be
14  affected by the formula for voluntary writings. In no event
15  shall a limited apportionment company be required to
16  participate in any apportionment of losses pursuant to
17  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)
18  in the aggregate which exceeds $50 million after payment of
19  available plan funds in any calendar year. However, a limited
20  apportionment company shall collect from its policyholders any
21  emergency assessment imposed under sub-sub-subparagraph
22  2.d.(III). The plan shall provide that, if the department
23  determines that any regular assessment will result in an
24  impairment of the surplus of a limited apportionment company,
25  the department may direct that all or part of such assessment
26  be deferred. However, there shall be no limitation or
27  deferment of an emergency assessment to be collected from
28  policyholders under sub-sub-subparagraph 2.d.(III).
29         4.  The plan shall provide for the deferment, in whole
30  or in part, of a regular assessment of a member insurer under
31  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),
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  1  but not for an emergency assessment collected from
  2  policyholders under sub-sub-subparagraph 2.d.(III), if, in the
  3  opinion of the commissioner, payment of such regular
  4  assessment would endanger or impair the solvency of the member
  5  insurer. In the event a regular assessment against a member
  6  insurer is deferred in whole or in part, the amount by which
  7  such assessment is deferred may be assessed against the other
  8  member insurers in a manner consistent with the basis for
  9  assessments set forth in sub-sub-subparagraph 2.d.(I) or
10  sub-sub-subparagraph 2.d.(II).
11         5.a.  The plan of operation may include deductibles and
12  rules for classification of risks and rate modifications
13  consistent with the objective of providing and maintaining
14  funds sufficient to pay catastrophe losses.
15         b.  The association may require arbitration of a rate
16  filing under s. 627.062(6). It is the intent of the
17  Legislature that the rates for coverage provided by the
18  association be actuarially sound and not competitive with
19  approved rates charged in the admitted voluntary market such
20  that the association functions as a residual market mechanism
21  to provide insurance only when the insurance cannot be
22  procured in the voluntary market.  The plan of operation shall
23  provide a mechanism to assure that, beginning no later than
24  January 1, 1999, the rates charged by the association for each
25  line of business are reflective of approved rates in the
26  voluntary market for hurricane coverage for each line of
27  business in the various areas eligible for association
28  coverage.
29         c.  The association shall provide for windstorm
30  coverage on residential properties in limits up to $10 million
31  for commercial lines residential risks and up to $1 million
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  1  for personal lines residential risks. If coverage with the
  2  association is sought for a residential risk valued in excess
  3  of these limits, coverage shall be available to the risk up to
  4  the replacement cost or actual cash value of the property, at
  5  the option of the insured, if coverage for the risk cannot be
  6  located in the authorized market. The association must accept
  7  a commercial lines residential risk with limits above $10
  8  million or a personal lines residential risk with limits above
  9  $1 million if coverage is not available in the authorized
10  market.  The association may write coverage above the limits
11  specified in this subparagraph with or without facultative or
12  other reinsurance coverage, as the association determines
13  appropriate.
14         d.  The plan of operation must provide objective
15  criteria and procedures, approved by the department, to be
16  uniformly applied for all applicants in determining whether an
17  individual risk is so hazardous as to be uninsurable. In
18  making this determination and in establishing the criteria and
19  procedures, the following shall be considered:
20         (I)  Whether the likelihood of a loss for the
21  individual risk is substantially higher than for other risks
22  of the same class; and
23         (II)  Whether the uncertainty associated with the
24  individual risk is such that an appropriate premium cannot be
25  determined.
26
27  The acceptance or rejection of a risk by the association
28  pursuant to such criteria and procedures must be construed as
29  the private placement of insurance, and the provisions of
30  chapter 120 do not apply.
31
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  1         e.  The policies issued by the association must provide
  2  that if the association obtains an offer from an authorized
  3  insurer to cover the risk at its approved rates under either a
  4  standard policy including wind coverage or, if consistent with
  5  the insurer's underwriting rules as filed with the department,
  6  a basic policy including wind coverage, the risk is no longer
  7  eligible for coverage through the association. Upon
  8  termination of eligibility, the association shall provide
  9  written notice to the policyholder and agent of record stating
10  that the association policy must be canceled as of 60 days
11  after the date of the notice because of the offer of coverage
12  from an authorized insurer. Other provisions of the insurance
13  code relating to cancellation and notice of cancellation do
14  not apply to actions under this sub-subparagraph.
15         f.  Association policies and applications must include
16  a notice that the association policy could, under this
17  section, be replaced with a policy issued by an authorized
18  insurer that does not provide coverage identical to the
19  coverage provided by the association. The notice shall also
20  specify that acceptance of association coverage creates a
21  conclusive presumption that the applicant or policyholder is
22  aware of this potential.
23         6.a.  The plan of operation may authorize the formation
24  of a private nonprofit corporation, a private nonprofit
25  unincorporated association, a partnership, a trust, a limited
26  liability company, or a nonprofit mutual company which may be
27  empowered, among other things, to borrow money by issuing
28  bonds or by incurring other indebtedness and to accumulate
29  reserves or funds to be used for the payment of insured
30  catastrophe losses. The plan may authorize all actions
31
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  1  necessary to facilitate the issuance of bonds, including the
  2  pledging of assessments or other revenues.
  3         b.  Any entity created under this subsection, or any
  4  entity formed for the purposes of this subsection, may sue and
  5  be sued, may borrow money; issue bonds, notes, or debt
  6  instruments; pledge or sell assessments, market equalization
  7  surcharges and other surcharges, rights, premiums, contractual
  8  rights, projected recoveries from the Florida Hurricane
  9  Catastrophe Fund, other reinsurance recoverables, and other
10  assets as security for such bonds, notes, or debt instruments;
11  enter into any contracts or agreements necessary or proper to
12  accomplish such borrowings; and take other actions necessary
13  to carry out the purposes of this subsection. The association
14  may issue bonds or incur other indebtedness, or have bonds
15  issued on its behalf by a unit of local government pursuant to
16  subparagraph (g)2., in the absence of a hurricane or other
17  weather-related event, upon a determination by the association
18  subject to approval by the department that such action would
19  enable it to efficiently meet the financial obligations of the
20  association and that such financings are reasonably necessary
21  to effectuate the requirements of this subsection. Any such
22  entity may accumulate reserves and retain surpluses as of the
23  end of any association year to provide for the payment of
24  losses incurred by the association during that year or any
25  future year. The association shall incorporate and continue
26  the plan of operation and articles of agreement in effect on
27  the effective date of chapter 76-96, Laws of Florida, to the
28  extent that it is not inconsistent with chapter 76-96, and as
29  subsequently modified consistent with chapter 76-96. The board
30  of directors and officers currently serving shall continue to
31  serve until their successors are duly qualified as provided
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  1  under the plan. The assets and obligations of the plan in
  2  effect immediately prior to the effective date of chapter
  3  76-96 shall be construed to be the assets and obligations of
  4  the successor plan created herein.
  5         c.  In recognition of s. 10, Art. I of the State
  6  Constitution, prohibiting the impairment of obligations of
  7  contracts, it is the intent of the Legislature that no action
  8  be taken whose purpose is to impair any bond indenture or
  9  financing agreement or any revenue source committed by
10  contract to such bond or other indebtedness issued or incurred
11  by the association or any other entity created under this
12  subsection.
13         7.  On such coverage, an agent's remuneration shall be
14  that amount of money payable to the agent by the terms of his
15  or her contract with the company with which the business is
16  placed. However, no commission will be paid on that portion of
17  the premium which is in excess of the standard premium of that
18  company.
19         8.  Subject to approval by the department, the
20  association may establish different eligibility requirements
21  and operational procedures for any line or type of coverage
22  for any specified eligible area or portion of an eligible area
23  if the board determines that such changes to the eligibility
24  requirements and operational procedures are justified due to
25  the voluntary market being sufficiently stable and competitive
26  in such area or for such line or type of coverage and that
27  consumers who, in good faith, are unable to obtain insurance
28  through the voluntary market through ordinary methods would
29  continue to have access to coverage from the association. When
30  coverage is sought in connection with a real property
31  transfer, such requirements and procedures shall not provide
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  1  for an effective date of coverage later than the date of the
  2  closing of the transfer as established by the transferor, the
  3  transferee, and, if applicable, the lender.
  4         9.  Notwithstanding any other provision of law:
  5         a.  The pledge or sale of, the lien upon, and the
  6  security interest in any rights, revenues, or other assets of
  7  the association created or purported to be created pursuant to
  8  any financing documents to secure any bonds or other
  9  indebtedness of the association shall be and remain valid and
10  enforceable, notwithstanding the commencement of and during
11  the continuation of, and after, any rehabilitation,
12  insolvency, liquidation, bankruptcy, receivership,
13  conservatorship, reorganization, or similar proceeding against
14  the association under the laws of this state or any other
15  applicable laws.
16         b.  No such proceeding shall relieve the association of
17  its obligation, or otherwise affect its ability to perform its
18  obligation, to continue to collect, or levy and collect,
19  assessments, market equalization or other surcharges,
20  projected recoveries from the Florida Hurricane Catastrophe
21  Fund, reinsurance recoverables, or any other rights, revenues,
22  or other assets of the association pledged.
23         c.  Each such pledge or sale of, lien upon, and
24  security interest in, including the priority of such pledge,
25  lien, or security interest, any such assessments, emergency
26  assessments, market equalization or renewal surcharges,
27  projected recoveries from the Florida Hurricane Catastrophe
28  Fund, reinsurance recoverables, or other rights, revenues, or
29  other assets which are collected, or levied and collected,
30  after the commencement of and during the pendency of or after
31
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  1  any such proceeding shall continue unaffected by such
  2  proceeding.
  3         d.  As used in this subsection, the term "financing
  4  documents" means any agreement, instrument, or other document
  5  now existing or hereafter created evidencing any bonds or
  6  other indebtedness of the association or pursuant to which any
  7  such bonds or other indebtedness has been or may be issued and
  8  pursuant to which any rights, revenues, or other assets of the
  9  association are pledged or sold to secure the repayment of
10  such bonds or indebtedness, together with the payment of
11  interest on such bonds or such indebtedness, or the payment of
12  any other obligation of the association related to such bonds
13  or indebtedness.
14         e.  Any such pledge or sale of assessments, revenues,
15  contract rights or other rights or assets of the association
16  shall constitute a lien and security interest, or sale, as the
17  case may be, that is immediately effective and attaches to
18  such assessments, revenues, contract, or other rights or
19  assets, whether or not imposed or collected at the time the
20  pledge or sale is made. Any such pledge or sale is effective,
21  valid, binding, and enforceable against the association or
22  other entity making such pledge or sale, and valid and binding
23  against and superior to any competing claims or obligations
24  owed to any other person or entity, including policyholders in
25  this state, asserting rights in any such assessments,
26  revenues, contract, or other rights or assets to the extent
27  set forth in and in accordance with the terms of the pledge or
28  sale contained in the applicable financing documents, whether
29  or not any such person or entity has notice of such pledge or
30  sale and without the need for any physical delivery,
31  recordation, filing, or other action.
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  1         f.  There shall be no liability on the part of, and no
  2  cause of action of any nature shall arise against, any member
  3  insurer or its agents or employees, agents or employees of the
  4  association, members of the board of directors of the
  5  association, or the department or its representatives, for any
  6  action taken by them in the performance of their duties or
  7  responsibilities under this subsection. Such immunity does not
  8  apply to actions for breach of any contract or agreement
  9  pertaining to insurance, or any willful tort.
10         (c)  The provisions of paragraph (b) are applicable
11  only with respect to:
12         1.  Those areas that were eligible for coverage under
13  this subsection on April 9, 1993; or
14         2.  Any county or area as to which the department,
15  after public hearing, finds that the following criteria exist:
16         a.  Due to the lack of windstorm insurance coverage in
17  the county or area so affected, economic growth and
18  development is being deterred or otherwise stifled in such
19  county or area, mortgages are in default, and financial
20  institutions are unable to make loans;
21         b.  The county or area so affected has adopted and is
22  enforcing the structural requirements of the State Minimum
23  Building Codes, as defined in s. 553.73, for new construction
24  and has included adequate minimum floor elevation requirements
25  for structures in areas subject to inundation; and
26         c.  Extending windstorm insurance coverage to such
27  county or area is consistent with and will implement and
28  further the policies and objectives set forth in applicable
29  state laws, rules, and regulations governing coastal
30  management, coastal construction, comprehensive planning,
31  beach and shore preservation, barrier island preservation,
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  1  coastal zone protection, and the Coastal Zone Protection Act
  2  of 1985.
  3
  4  Any time after the department has determined that the criteria
  5  referred to in this subparagraph do not exist with respect to
  6  any county or area of the state, it may, after a subsequent
  7  public hearing, declare that such county or area is no longer
  8  eligible for windstorm coverage through the plan.
  9         (d)  For the purpose of evaluating whether the criteria
10  of paragraph (c) are met, such criteria shall be applied as
11  the situation would exist if policies had not been written by
12  the Florida Residential Property and Casualty Joint
13  Underwriting Association and property insurance for such
14  policyholders was not available.
15         (e)  Notwithstanding the provisions of subparagraph
16  (c)2. or paragraph (d), eligibility shall not be extended to
17  any area that was not eligible on March 1, 1997, except that
18  the department may act with respect to any petition on which a
19  hearing was held prior to May 9, 1997.
20         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--
21         (a)  The department shall, after consultation with
22  insurers as set forth in paragraph (b), adopt a joint
23  underwriting plan as set forth in paragraph (d).
24         (b)  Entities licensed to issue casualty insurance as
25  defined in s. 624.605(1)(b), (k), and (q) and self-insurers
26  authorized to issue medical malpractice insurance under s.
27  627.357 shall participate in the plan and shall be members of
28  the Joint Underwriting Association.
29         (c)  The Joint Underwriting Association shall operate
30  subject to the supervision and approval of a board of
31  governors consisting of representatives of five of the
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  1  insurers participating in the Joint Underwriting Association,
  2  an attorney to be named by The Florida Bar, a physician to be
  3  named by the Florida Medical Association, a dentist to be
  4  named by the Florida Dental Association, and a hospital
  5  representative to be named by the Florida Hospital
  6  Association.  The board of governors shall choose, during the
  7  first meeting of the board after June 30 of each year, one of
  8  its members to serve as chair of the board and another member
  9  to serve as vice chair of the board.  There shall be no
10  liability on the part of, and no cause of action of any nature
11  shall arise against, any member insurer, self-insurer, or its
12  agents or employees, the Joint Underwriting Association or its
13  agents or employees, members of the board of governors, or the
14  department or its representatives for any action taken by them
15  in the performance of their powers and duties under this
16  subsection.
17         (d)  The plan shall provide coverage for claims arising
18  out of the rendering of, or failure to render, medical care or
19  services and, in the case of health care facilities, coverage
20  for bodily injury or property damage to the person or property
21  of any patient arising out of the insured's activities, in
22  appropriate policy forms for all health care providers as
23  defined in paragraph (h).  The plan shall include, but shall
24  not be limited to:
25         1.  Classifications of risks and rates which reflect
26  past and prospective loss and expense experience in different
27  areas of practice and in different geographical areas.  To
28  assure that plan rates are adequate to pay claims and
29  expenses, the Joint Underwriting Association shall develop a
30  means of obtaining loss and expense experience; and the plan
31  shall file such experience, when available, with the
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  1  commission department in sufficient detail to make a
  2  determination of rate adequacy.  Within 60 days after a rate
  3  filing, the commission department shall approve such rates or
  4  rate revisions as are fully supported by the filing.  In
  5  addition to provisions for claims and expenses, the ratemaking
  6  formula may include a factor for projected claims trending and
  7  a margin for contingencies.  The use of trend factors shall
  8  not be found to be inappropriate.
  9         2.  A rating plan which reasonably recognizes the prior
10  claims experience of insureds.
11         3.  Provisions as to rates for:
12         a.  Insureds who are retired or semiretired.
13         b.  The estates of deceased insureds.
14         c.  Part-time professionals.
15         4.  Protection in an amount not to exceed $250,000 per
16  claim, $750,000 annual aggregate for health care providers
17  other than hospitals and in an amount not to exceed $1.5
18  million per claim, $5 million annual aggregate for hospitals.
19  Such coverage for health care providers other than hospitals
20  shall be available as primary coverage and as excess coverage
21  for the layer of coverage between the primary coverage and the
22  total limits of $250,000 per claim, $750,000 annual aggregate.
23  The plan shall also provide tail coverage in these amounts to
24  insureds whose claims-made coverage with another insurer or
25  trust has or will be terminated.  Such tail coverage shall
26  provide coverage for incidents that occurred during the
27  claims-made policy period for which a claim is made after the
28  policy period.
29         5.  A risk management program for insureds of the
30  association.  This program shall include, but not be limited
31  to: investigation and analysis of frequency, severity, and
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  1  causes of adverse or untoward medical injuries; development of
  2  measures to control these injuries; systematic reporting of
  3  medical incidents; investigation and analysis of patient
  4  complaints; and auditing of association members to assure
  5  implementation of this program. The plan may refuse to insure
  6  any insured who refuses or fails to comply with the risk
  7  management program implemented by the association.  Prior to
  8  cancellation or refusal to renew an insured, the association
  9  shall provide the insured 60 days' notice of intent to cancel
10  or nonrenew and shall further notify the insured of any action
11  which must be taken to be in compliance with the risk
12  management program.
13         (e)  In the event an underwriting deficit exists for
14  any policy year the plan is in effect, any surplus which has
15  accrued from previous years and is not projected within
16  reasonable actuarial certainty to be needed for payment of
17  claims in the year the surplus arose shall be used to offset
18  the deficit to the extent available.
19         1.  As to remaining deficit, except those relating to
20  deficit assessment coverage, each policyholder shall pay to
21  the association a premium contingency assessment not to exceed
22  one-third of the premium payment paid by such policyholder to
23  the association for that policy year.  The association shall
24  pay no further claims on any policy for the policyholder who
25  fails to pay the premium contingency assessment.
26         2.  If there is any remaining deficit under the plan
27  after maximum collection of the premium contingency
28  assessment, such deficit shall be recovered from the companies
29  participating in the plan in the proportion that the net
30  direct premiums of each such member written during the
31  calendar year immediately preceding the end of the policy year
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  1  for which there is a deficit assessment bear to the aggregate
  2  net direct premiums written in this state by all members of
  3  the association.  The term "premiums" as used herein means
  4  premiums for the lines of insurance defined in s.
  5  624.605(1)(b), (k), and (q), including premiums for such
  6  coverage issued under package policies.
  7         (f)  The plan shall provide for one or more insurers
  8  able and willing to provide policy service through licensed
  9  resident agents and claims service on behalf of all other
10  insurers participating in the plan.  In the event no insurer
11  is able and willing to provide such services, the Joint
12  Underwriting Association is authorized to perform any and all
13  such services.
14         (g)  All books, records, documents, or audits relating
15  to the Joint Underwriting Association or its operation shall
16  be open to public inspection, except that a claim file in the
17  possession of the Joint Underwriting Association is
18  confidential and exempt from the provisions of s. 119.07(1)
19  during the processing of that claim.  Any information
20  contained in these files that identifies an injured person is
21  confidential and exempt from the provisions of s. 119.07(1).
22         (h)  As used in this subsection:
23         1.  "Health care provider" means hospitals licensed
24  under chapter 395; physicians licensed under chapter 458;
25  osteopathic physicians licensed under chapter 459; podiatric
26  physicians licensed under chapter 461; dentists licensed under
27  chapter 466; chiropractic physicians licensed under chapter
28  460; naturopaths licensed under chapter 462; nurses licensed
29  under chapter 464; midwives licensed under chapter 467;
30  clinical laboratories registered under chapter 483; physician
31  assistants licensed under chapter 458 or chapter 459; physical
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  1  therapists and physical therapist assistants licensed under
  2  chapter 486; health maintenance organizations certificated
  3  under part I of chapter 641; ambulatory surgical centers
  4  licensed under chapter 395; other medical facilities as
  5  defined in subparagraph 2.; blood banks, plasma centers,
  6  industrial clinics, and renal dialysis facilities; or
  7  professional associations, partnerships, corporations, joint
  8  ventures, or other associations for professional activity by
  9  health care providers.
10         2.  "Other medical facility" means a facility the
11  primary purpose of which is to provide human medical
12  diagnostic services or a facility providing nonsurgical human
13  medical treatment, to which facility the patient is admitted
14  and from which facility the patient is discharged within the
15  same working day, and which facility is not part of a
16  hospital.  However, a facility existing for the primary
17  purpose of performing terminations of pregnancy or an office
18  maintained by a physician or dentist for the practice of
19  medicine shall not be construed to be an "other medical
20  facility."
21         3.  "Health care facility" means any hospital licensed
22  under chapter 395, health maintenance organization
23  certificated under part I of chapter 641, ambulatory surgical
24  center licensed under chapter 395, or other medical facility
25  as defined in subparagraph 2.
26         (i)  The manager of the plan or the manager's assistant
27  is the agent for service of process for the plan.
28         (5)  PROPERTY AND CASUALTY INSURANCE RISK
29  APPORTIONMENT.--The department shall adopt by rule a joint
30  underwriting plan to equitably apportion among insurers
31  authorized in this state to write property insurance as
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  1  defined in s. 624.604 or casualty insurance as defined in s.
  2  624.605, the underwriting of one or more classes of property
  3  insurance or casualty insurance, except for the types of
  4  insurance that are included within property insurance or
  5  casualty insurance for which an equitable apportionment plan,
  6  assigned risk plan, or joint underwriting plan is authorized
  7  under s. 627.311 or subsection (1), subsection (2), subsection
  8  (3), subsection (4), or subsection (6) and except for risks
  9  eligible for flood insurance written through the federal flood
10  insurance program to persons with risks eligible under
11  subparagraph (a)1. and who are in good faith entitled to, but
12  are unable to, obtain such property or casualty insurance
13  coverage, including excess coverage, through the voluntary
14  market. For purposes of this subsection, an adequate level of
15  coverage means that coverage which is required by state law or
16  by responsible or prudent business practices. The Joint
17  Underwriting Association shall not be required to provide
18  coverage for any type of risk for which there are no insurers
19  providing similar coverage in this state. The department may
20  designate one or more participating insurers who agree to
21  provide policyholder and claims service, including the
22  issuance of policies, on behalf of the participating insurers.
23         (a)  The plan shall provide:
24         1.  A means of establishing eligibility of a risk for
25  obtaining insurance through the plan, which provides that:
26         a.  A risk shall be eligible for such property
27  insurance or casualty insurance as is required by Florida law
28  if the insurance is unavailable in the voluntary market,
29  including the market assistance program and the surplus lines
30  market.
31
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  1         b.  A commercial risk not eligible under
  2  sub-subparagraph a. shall be eligible for property or casualty
  3  insurance if:
  4         (I)  The insurance is unavailable in the voluntary
  5  market, including the market assistance plan and the surplus
  6  lines market;
  7         (II)  Failure to secure the insurance would
  8  substantially impair the ability of the entity to conduct its
  9  affairs; and
10         (III)  The risk is not determined by the Risk
11  Underwriting Committee to be uninsurable.
12         c.  In the event the Federal Government terminates the
13  Federal Crime Insurance Program established under 44 C.F.R.
14  ss. 80-83, Florida commercial and residential risks previously
15  insured under the federal program shall be eligible under the
16  plan.
17         d.(I)  In the event a risk is eligible under this
18  paragraph and in the event the market assistance plan receives
19  a minimum of 100 applications for coverage within a 3-month
20  period, or 200 applications for coverage within a 1-year
21  period or less, for a given class of risk contained in the
22  classification system defined in the plan of operation of the
23  Joint Underwriting Association, and unless the market
24  assistance plan provides a quotation for at least 80 percent
25  of such applicants, such classification shall immediately be
26  eligible for coverage in the Joint Underwriting Association.
27         (II)  Any market assistance plan application which is
28  rejected because an individual risk is so hazardous as to be
29  practically uninsurable, considering whether the likelihood of
30  a loss for such a risk is substantially higher than for other
31  risks of the same class due to individual risk
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  1  characteristics, prior loss experience, unwillingness to
  2  cooperate with a prior insurer, physical characteristics and
  3  physical location shall not be included in the minimum
  4  percentage calculation provided above. In the event that there
  5  is any legal or administrative challenge to a determination by
  6  the department that the conditions of this subparagraph have
  7  been met for eligibility for coverage in the Joint
  8  Underwriting Association for a given classification, any
  9  eligible risk may obtain coverage during the pendency of any
10  such challenge.
11         e.  In order to qualify as a quotation for the purpose
12  of meeting the minimum percentage calculation in this
13  subparagraph, the quoted premium must meet the following
14  criteria:
15         (I)  In the case of an admitted carrier, the quoted
16  premium must not exceed the premium available for a given
17  classification currently in use by the Joint Underwriting
18  Association or the premium developed by using the rates and
19  rating plans on file with the department by the quoting
20  insurer, whichever is greater.
21         (II)  In the case of an authorized surplus lines
22  insurer, the quoted premium must not exceed the premium
23  available for a given classification currently in use by the
24  Joint Underwriting Association by more than 25 percent, after
25  consideration of any individual risk surcharge or credit.
26         f.  Any agent who falsely certifies the unavailability
27  of coverage as provided by sub-subparagraphs a. and b., is
28  subject to the penalties provided in s. 626.611.
29         2.  A means for the equitable apportionment of profits
30  or losses and expenses among participating insurers.
31
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  1         3.  Rules for the classification of risks and rates
  2  which reflect the past and prospective loss experience.
  3         4.  A rating plan which reasonably reflects the prior
  4  claims experience of the insureds. Such rating plan shall
  5  include at least two levels of rates for risks that have
  6  favorable loss experience and risks that have unfavorable loss
  7  experience, as established by the plan.
  8         5.  Reasonable limits to available amounts of
  9  insurance. Such limits may not be less than the amounts of
10  insurance required of eligible risks by Florida law.
11         6.  Risk management requirements for insurance where
12  such requirements are reasonable and are expected to reduce
13  losses.
14         7.  Deductibles as may be necessary to meet the needs
15  of insureds.
16         8.  Policy forms which are consistent with the forms in
17  use by the majority of the insurers providing coverage in the
18  voluntary market for the coverage requested by the applicant.
19         9.  A means to remove risks from the plan once such
20  risks no longer meet the eligibility requirements of this
21  paragraph. For this purpose, the plan shall include the
22  following requirements: At each 6-month interval after the
23  activation of any class of insureds, the board of governors or
24  its designated committee shall review the number of
25  applications to the market assistance plan for that class. If,
26  based on these latest numbers, at least 90 percent of such
27  applications have been provided a quotation, the Joint
28  Underwriting Association shall cease underwriting new
29  applications for such class within 30 days, and notification
30  of this decision shall be sent to the Insurance Commissioner,
31  the major agents' associations, and the board of directors of
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  1  the market assistance plan. A quotation for the purpose of
  2  this subparagraph shall meet the same criteria for a quotation
  3  as provided in sub-subparagraph d. All policies which were
  4  previously written for that class shall continue in force
  5  until their normal expiration date, at which time, subject to
  6  the required timely notification of nonrenewal by the Joint
  7  Underwriting Association, the insured may then elect to
  8  reapply to the Joint Underwriting Association according to the
  9  requirements of eligibility. If, upon reapplication, those
10  previously insured Joint Underwriting Association risks meet
11  the eligibility requirements, the Joint Underwriting
12  Association shall provide the coverage requested.
13         10.  A means for providing credits to insurers against
14  any deficit assessment levied pursuant to paragraph (c), for
15  risks voluntarily written through the market assistance plan
16  by such insurers.
17         11.  That the Joint Underwriting Association shall
18  operate subject to the supervision and approval of a board of
19  governors consisting of 13 individuals appointed by the
20  Insurance Commissioner, and shall have an executive or
21  underwriting committee. At least four of the members shall be
22  representatives of insurance trade associations as follows:
23  one member from the American Insurance Association, one member
24  from the Alliance of American Insurers, one member from the
25  National Association of Independent Insurers, and one member
26  from an unaffiliated insurer writing coverage on a national
27  basis. Two representatives shall be from two of the statewide
28  agents' associations. Each board member shall be appointed to
29  serve for 2-year terms beginning on a date designated by the
30  plan and shall serve at the pleasure of the commissioner.
31  Members may be reappointed for subsequent terms.
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  1         (b)  Rates used by the Joint Underwriting Association
  2  shall be actuarially sound. To the extent applicable, the rate
  3  standards set forth in s. 627.062 shall be considered by the
  4  commission department in establishing rates to be used by the
  5  joint underwriting plan. The initial rate level shall be
  6  determined using the rates, rules, rating plans, and
  7  classifications contained in the most current Insurance
  8  Services Office (ISO) filing with the department or the filing
  9  of other licensed rating organizations with an additional
10  increment of 25 percent of premium. For any type of coverage
11  or classification which lends itself to manual rating for
12  which the Insurance Services Office or another licensed rating
13  organization does not file or publish a rate, the Joint
14  Underwriting Association shall file and use an initial rate
15  based on the average current market rate. The initial rate
16  level for the rate plan shall also be subject to an experience
17  and schedule rating plan which may produce a maximum of 25
18  percent debits or credits. For any risk which does not lend
19  itself to manual rating and for which no rate has been
20  promulgated under the rate plan, the board shall develop and
21  file with the commissioner, subject to his or her approval,
22  appropriate criteria and factors for rating the individual
23  risk. Such criteria and factors shall include, but not be
24  limited to, loss rating plans, composite rating plans, and
25  unique and unusual risk rating plans. The initial rates
26  required under this paragraph shall be adjusted in conformity
27  with future filings by the Insurance Services Office with the
28  commission department and shall remain in effect until such
29  time as the Joint Underwriting Association has sufficient data
30  as to independently justify an actuarially sound change in
31  such rates.
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  1         (c)1.  In the event an underwriting deficit exists for
  2  any policy year the plan is in effect, any surplus which has
  3  accrued from previous years and is not projected within
  4  reasonable actuarial certainty to be needed for payment for
  5  claims in the year the surplus arose shall be used to offset
  6  the deficit to the extent available.
  7         2.  As to any remaining deficit, the board of governors
  8  of the Joint Underwriting Association shall levy and collect
  9  an assessment in an amount sufficient to offset such deficit.
10  Such assessment shall be levied against the insurers
11  participating in the plan during the year giving rise to the
12  assessment. Any assessments against insurers for the lines of
13  property and casualty insurance issued to commercial risks
14  shall be recovered from the participating insurers in the
15  proportion that the net direct premium of each insurer for
16  commercial risks written during the preceding calendar year
17  bears to the aggregate net direct premium written for
18  commercial risks by all members of the plan for the lines of
19  insurance included in the plan. Any assessments against
20  insurers for the lines of property and casualty insurance
21  issued to personal risks eligible under sub-subparagraph
22  (a)1.a. or sub-subparagraph (a)1.c. shall be recovered from
23  the participating insurers in the proportion that the net
24  direct premium of each insurer for personal risks written
25  during the preceding calendar year bears to the aggregate net
26  direct premium written for personal risks by all members of
27  the plan for the lines of insurance included in the plan.
28         3.  The board shall take all reasonable and prudent
29  steps necessary to collect the amount of assessment due from
30  each participating insurer and policyholder, including, if
31  prudent, filing suit to collect such assessment. If the board
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  1  is unable to collect an assessment from any insurer, the
  2  uncollected assessments shall be levied as an additional
  3  assessment against the participating insurers and any
  4  participating insurer required to pay an additional assessment
  5  as a result of such failure to pay shall have a cause of
  6  action against such nonpaying insurer.
  7         4.  Any funds or entitlements that the state may be
  8  eligible to receive by virtue of the Federal Government's
  9  termination of the Federal Crime Insurance Program referenced
10  in sub-subparagraph (a)1.c. may be used under the plan to
11  offset any subsequent underwriting deficits that may occur
12  from risks previously insured with the Federal Crime Insurance
13  Program.
14         5.  Assessments shall be included as an appropriate
15  factor in the making of rates as provided in s. 627.3512.
16         6.a.  The Legislature finds that the potential for
17  unlimited assessments under this paragraph may induce insurers
18  to attempt to reduce their writings in the voluntary market,
19  and that such actions would worsen the availability problems
20  that the association was created to remedy. It is the intent
21  of the Legislature that insurers remain fully responsible for
22  covering any deficits of the association; however, it is also
23  the intent of the Legislature to provide a means by which
24  assessment liabilities may be amortized over a period of
25  years.
26         b.  The total amount of deficit assessments under this
27  paragraph with respect to any year may not exceed 10 percent
28  of the statewide total gross written premium for all insurers
29  for the coverages referred to in the introductory language of
30  this subsection for the prior year, except that if the deficit
31  with respect to any plan year exceeds such amount and bonds
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  1  are issued under sub-subparagraph c. to defray the deficit,
  2  the total amount of assessments with respect to such deficit
  3  may not in any year exceed 10 percent of the deficit, or such
  4  lesser percentage as is sufficient to retire the bonds as
  5  determined by the board, and shall continue annually until the
  6  bonds are retired.
  7         c.  The governing body of any unit of local government,
  8  any residents or businesses of which are insured by the
  9  association, may issue bonds as defined in s. 125.013 or s.
10  166.101 from time to time to fund an assistance program, in
11  conjunction with the association, for the purpose of defraying
12  deficits of the association. Revenue bonds may not be issued
13  until validated pursuant to chapter 75, unless a state of
14  emergency is declared by executive order or proclamation of
15  the Governor pursuant to s. 252.36 making such findings as are
16  necessary to determine that it is in the best interests of,
17  and necessary for, the protection of the public health,
18  safety, and general welfare of residents of this state and the
19  protection and preservation of the economic stability of
20  insurers operating in this state, and declaring it an
21  essential public purpose to permit certain municipalities or
22  counties to issue such bonds as will provide relief to
23  claimants and policyholders of the joint underwriting
24  association and insurers responsible for apportionment of
25  association losses. The unit of local government shall enter
26  into such contracts with the association as are necessary to
27  carry out this paragraph. Any bonds issued under this
28  sub-subparagraph shall be payable from and secured by moneys
29  received by the association from assessments under this
30  paragraph, and assigned and pledged to or on behalf of the
31  unit of local government for the benefit of the holders of
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  1  such bonds. The funds, credit, property, and taxing power of
  2  the state or of the unit of local government shall not be
  3  pledged for the payment of such bonds. If any of the bonds
  4  remain unsold 60 days after issuance, the department shall
  5  require all insurers subject to assessment to purchase the
  6  bonds, which shall be treated as admitted assets; each insurer
  7  shall be required to purchase that percentage of the unsold
  8  portion of the bond issue that equals the insurer's relative
  9  share of assessment liability under this subsection. An
10  insurer shall not be required to purchase the bonds to the
11  extent that the department determines that the purchase would
12  endanger or impair the solvency of the insurer.
13         7.  The plan shall provide for the deferment, in whole
14  or in part, of the assessment of an insurer if the department
15  finds that payment of the assessment would endanger or impair
16  the solvency of the insurer. In the event an assessment
17  against an insurer is deferred in whole or in part, the amount
18  by which such assessment is deferred may be assessed against
19  the other member insurers in a manner consistent with the
20  basis for assessments set forth in subparagraph 2.
21         (d)  Upon adoption of the plan, all insurers authorized
22  in this state to underwrite property or casualty insurance
23  shall participate in the plan.
24         (e)  A Risk Underwriting Committee of the Joint
25  Underwriting Association composed of three members experienced
26  in evaluating insurance risks is created to review risks
27  rejected by the voluntary market for which application is made
28  for insurance through the joint underwriting plan. The
29  committee shall consist of a representative of the market
30  assistance plan created under s. 627.3515, a member selected
31  by the insurers participating in the Joint Underwriting
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  1  Association, and a member named by the Insurance Commissioner.
  2  The Risk Underwriting Committee shall appoint such advisory
  3  committees as are provided for in the plan and are necessary
  4  to conduct its functions. The salaries and expenses of the
  5  members of the Risk Underwriting Committee and its advisory
  6  committees shall be paid by the joint underwriting plan. The
  7  plan approved by the department shall establish criteria and
  8  procedures for use by the Risk Underwriting Committee for
  9  determining whether an individual risk is so hazardous as to
10  be uninsurable. In making this determination and in
11  establishing the criteria and procedures, the following shall
12  be considered:
13         1.  Whether the likelihood of a loss for the individual
14  risk is substantially higher than for other risks of the same
15  class; and
16         2.  Whether the uncertainty associated with the
17  individual risk is such that an appropriate premium cannot be
18  determined.
19
20  The acceptance or rejection of a risk by the underwriting
21  committee shall be construed as the private placement of
22  insurance, and the provisions of chapter 120 shall not apply.
23         (f)  There shall be no liability on the part of, and no
24  cause of action of any nature shall arise against, any member
25  insurer or its agents or employees, the Florida Property and
26  Casualty Joint Underwriting Association or its agents or
27  employees, members of the board of governors, or the
28  department or its representatives for any action taken by them
29  in the performance of their duties under this subsection. Such
30  immunity does not apply to actions for breach of any contract
31
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  1  or agreement pertaining to insurance, or any other willful
  2  tort.
  3         (6)  RESIDENTIAL PROPERTY AND CASUALTY JOINT
  4  UNDERWRITING ASSOCIATION.--
  5         (a)  There is created a joint underwriting association
  6  for equitable apportionment or sharing among insurers of
  7  property and casualty insurance covering residential property,
  8  for applicants who are in good faith entitled, but are unable,
  9  to procure insurance through the voluntary market. The
10  association shall operate pursuant to a plan of operation
11  approved by order of the department. The plan is subject to
12  continuous review by the department. The department may, by
13  order, withdraw approval of all or part of a plan if the
14  department determines that conditions have changed since
15  approval was granted and that the purposes of the plan require
16  changes in the plan.  For the purposes of this subsection,
17  residential coverage includes both personal lines residential
18  coverage, which consists of the type of coverage provided by
19  homeowner's, mobile home owner's, dwelling, tenant's,
20  condominium unit owner's, and similar policies, and commercial
21  lines residential coverage, which consists of the type of
22  coverage provided by condominium association, apartment
23  building, and similar policies.
24         (b)1.  All insurers authorized to write subject lines
25  of business in this state, other than underwriting
26  associations or other entities created under this section,
27  must participate in and be members of the Residential Property
28  and Casualty Joint Underwriting Association. A member's
29  participation shall begin on the first day of the calendar
30  year following the year in which the member was issued a
31  certificate of authority to transact insurance for subject
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  1  lines of business in this state and shall terminate 1 year
  2  after the end of the first calendar year during which the
  3  member no longer holds a certificate of authority to transact
  4  insurance for subject lines of business in this state.
  5         2.  All revenues, assets, liabilities, losses, and
  6  expenses of the association shall be divided into two separate
  7  accounts, one of which is for personal lines residential
  8  coverages and the other of which is for commercial lines
  9  residential coverages.  Revenues, assets, liabilities, losses,
10  and expenses not attributable to particular coverages shall be
11  prorated between the accounts.
12         3.  With respect to a deficit in an account:
13         a.  When the deficit incurred in a particular calendar
14  year is not greater than 10 percent of the aggregate statewide
15  direct written premium for the subject lines of business for
16  the prior calendar year for all member insurers, the entire
17  deficit shall be recovered through assessments of member
18  insurers under paragraph (g).
19         b.  When the deficit incurred in a particular calendar
20  year exceeds 10 percent of the aggregate statewide direct
21  written premium for the subject lines of business for the
22  prior calendar year for all member insurers, the association
23  shall levy an assessment on member insurers in an amount equal
24  to the greater of 10 percent of the deficit or 10 percent of
25  the aggregate statewide direct written premium for the subject
26  lines of business for the prior calendar year for all member
27  insurers. Any remaining deficit shall be recovered through
28  emergency assessments under sub-subparagraph d.
29         c.  Each member insurer's share of the total assessment
30  under sub-subparagraph a. or sub-subparagraph b. shall be in
31  the proportion that the member insurer's direct written
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  1  premium for the subject lines of business for the year
  2  preceding the assessment bears to the aggregate statewide
  3  direct written premium for the subject lines of business for
  4  that year for all member insurers.
  5         d.  Upon a determination by the board of governors that
  6  a deficit in an account exceeds the amount that will be
  7  recovered through regular assessments on member insurers under
  8  sub-subparagraph a. or sub-subparagraph b., the board shall
  9  levy, after verification by the department, emergency
10  assessments to be collected by member insurers and by
11  underwriting associations created under this section which
12  write subject lines of business upon issuance or renewal of
13  policies for subject lines of business, excluding National
14  Flood Insurance policies, in the year or years following levy
15  of the regular assessments.  The amount of the emergency
16  assessment collected in a particular year shall be a uniform
17  percentage of that year's direct written premium for subject
18  lines of business for all member insurers and underwriting
19  associations, excluding National Flood Insurance Program
20  policy premiums, as annually determined by the board and
21  verified by the department. The department shall verify the
22  arithmetic calculations involved in the board's determination
23  within 30 days after receipt of the information on which the
24  determination was based. Notwithstanding any other provision
25  of law, each member insurer and each underwriting association
26  created under this section which writes subject lines of
27  business shall collect emergency assessments from its
28  policyholders without such obligation being affected by any
29  credit, limitation, exemption, or deferment. The emergency
30  assessments so collected shall be transferred directly to the
31  association on a periodic basis as determined by the
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  1  association.  The aggregate amount of emergency assessments
  2  levied under this sub-subparagraph in any calendar year may
  3  not exceed the greater of 10 percent of the amount needed to
  4  cover the original deficit, plus interest, fees, commissions,
  5  required reserves, and other costs associated with financing
  6  of the original deficit, or 10 percent of the aggregate
  7  statewide direct written premium for subject lines of business
  8  written by member insurers and underwriting associations for
  9  the prior year, plus interest, fees, commissions, required
10  reserves, and other costs associated with financing the
11  original deficit.
12         e.  The board may pledge the proceeds of assessments,
13  projected recoveries from the Florida Hurricane Catastrophe
14  Fund, other insurance and reinsurance recoverables, market
15  equalization surcharges and other surcharges, and other funds
16  available to the association as the source of revenue for and
17  to secure bonds issued under paragraph (g), bonds or other
18  indebtedness issued under subparagraph (c)3., or lines of
19  credit or other financing mechanisms issued or created under
20  this subsection, or to retire any other debt incurred as a
21  result of deficits or events giving rise to deficits, or in
22  any other way that the board determines will efficiently
23  recover such deficits. The purpose of the lines of credit or
24  other financing mechanisms is to provide additional resources
25  to assist the association in covering claims and expenses
26  attributable to a catastrophe. As used in this subsection, the
27  term "assessments" includes regular assessments under
28  sub-subparagraph a., sub-subparagraph b., or subparagraph
29  (g)1. and emergency assessments under sub-subparagraph d.
30  Emergency assessments collected under sub-subparagraph d. are
31  not part of an insurer's rates, are not premium, and are not
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  1  subject to premium tax, fees, or commissions; however, failure
  2  to pay the emergency assessment shall be treated as failure to
  3  pay premium. The emergency assessments under sub-subparagraph
  4  d. shall continue as long as any bonds issued or other
  5  indebtedness incurred with respect to a deficit for which the
  6  assessment was imposed remain outstanding, unless adequate
  7  provision has been made for the payment of such bonds or other
  8  indebtedness pursuant to the documents governing such bonds or
  9  other indebtedness.
10         f.  As used in this subsection, the term "subject lines
11  of business" means, with respect to the personal lines
12  account, any personal lines policy defined in s. 627.4025, and
13  means, with respect to the commercial lines account, all
14  commercial property and commercial fire insurance.
15         (c)  The plan of operation of the association:
16         1.  May provide for one or more designated insurers,
17  able and willing to provide policy and claims service, to act
18  on behalf of the association to provide such service.  Each
19  licensed agent shall be entitled to indicate the order of
20  preference regarding who will service the business placed by
21  the agent.  The association shall adhere to each agent's
22  preferences unless after consideration of other factors in
23  assigning agents, including, but not limited to, servicing
24  capacity and fee arrangements, the association has reason to
25  believe it is in the best interest of the association to make
26  a different assignment.
27         2.  Must provide for adoption of residential property
28  and casualty insurance policy forms, which forms must be
29  approved by the department prior to use.  The association
30  shall adopt the following policy forms:
31
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  1         a.  Standard personal lines policy forms including wind
  2  coverage, which are multiperil policies providing what is
  3  generally considered to be full coverage of a residential
  4  property similar to the coverage provided under an HO-2, HO-3,
  5  HO-4, or HO-6 policy.
  6         b.  Standard personal lines policy forms without wind
  7  coverage, which are the same as the policies described in
  8  sub-subparagraph a. except that they do not include wind
  9  coverage.
10         c.  Basic personal lines policy forms including wind
11  coverage, which are policies similar to an HO-8 policy or a
12  dwelling fire policy that provide coverage meeting the
13  requirements of the secondary mortgage market, but which
14  coverage is more limited than the coverage under a standard
15  policy.
16         d.  Basic personal lines policy forms without wind
17  coverage, which are the same as the policies described in
18  sub-subparagraph c. except that they do not include wind
19  coverage.
20         e.  Commercial lines residential policy forms including
21  wind coverage that are generally similar to the basic perils
22  of full coverage obtainable for commercial residential
23  structures in the admitted voluntary market.
24         f.  Commercial lines residential policy forms without
25  wind coverage, which are the same as the policies described in
26  sub-subparagraph e. except that they do not include wind
27  coverage.
28         3.  May provide that the association may employ or
29  otherwise contract with individuals or other entities to
30  provide administrative or professional services that may be
31  appropriate to effectuate the plan.  The association shall
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  1  have the power to borrow funds, by issuing bonds or by
  2  incurring other indebtedness, and shall have other powers
  3  reasonably necessary to effectuate the requirements of this
  4  subsection. The association may issue bonds or incur other
  5  indebtedness, or have bonds issued on its behalf by a unit of
  6  local government pursuant to subparagraph (g)2., in the
  7  absence of a hurricane or other weather-related event, upon a
  8  determination by the association, subject to approval by the
  9  department, that such action would enable it to efficiently
10  meet the financial obligations of the association and that
11  such financings are reasonably necessary to effectuate the
12  requirements of this subsection.  The association is
13  authorized to take all actions needed to facilitate tax-free
14  status for any such bonds or indebtedness, including formation
15  of trusts or other affiliated entities.  The association shall
16  have the authority to pledge assessments, projected recoveries
17  from the Florida Hurricane Catastrophe Fund, other reinsurance
18  recoverables, market equalization and other surcharges, and
19  other funds available to the association as security for bonds
20  or other indebtedness.  In recognition of s. 10, Art. I of the
21  State Constitution, prohibiting the impairment of obligations
22  of contracts, it is the intent of the Legislature that no
23  action be taken whose purpose is to impair any bond indenture
24  or financing agreement or any revenue source committed by
25  contract to such bond or other indebtedness.
26         4.  Must require that the association operate subject
27  to the supervision and approval of a board of governors
28  consisting of 13 individuals, including 1 who is elected as
29  chair. The board shall consist of:
30         a.  The insurance consumer advocate appointed under s.
31  627.0613.
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  1         b.  Five members designated by the insurance industry.
  2         c.  Five consumer representatives appointed by the
  3  Insurance Commissioner. Two of the consumer representatives
  4  must, at the time of appointment, be holders of policies
  5  issued by the association, who are selected with consideration
  6  given to reflecting the geographic balance of association
  7  policyholders. Two of the consumer members must be individuals
  8  who are minority persons as defined in s. 288.703(3). One of
  9  the consumer members shall have expertise in the field of
10  mortgage lending.
11         d.  Two representatives of the insurance industry
12  appointed by the Insurance Commissioner. Of the two insurance
13  industry representatives appointed by the Insurance
14  Commissioner, at least one must be an individual who is a
15  minority person as defined in s. 288.703(3).
16
17  Any board member may be disapproved or removed and replaced by
18  the commissioner at any time for cause. All board members,
19  including the chair, must be appointed to serve for 3-year
20  terms beginning annually on a date designated by the plan.
21         5.  Must provide a procedure for determining the
22  eligibility of a risk for coverage, as follows:
23         a.  With respect to personal lines residential risks,
24  if the risk is offered coverage from an authorized insurer at
25  the insurer's approved rate under either a standard policy
26  including wind coverage or, if consistent with the insurer's
27  underwriting rules as filed with the department, a basic
28  policy including wind coverage, the risk is not eligible for
29  any policy issued by the association. If the risk accepts an
30  offer of coverage through the market assistance plan or an
31  offer of coverage through a mechanism established by the
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  1  association before a policy is issued to the risk by the
  2  association or during the first 30 days of coverage by the
  3  association, and the producing agent who submitted the
  4  application to the plan or to the association is not currently
  5  appointed by the insurer, the insurer shall either appoint the
  6  agent to service the risk or, if the insurer places the
  7  coverage through a new agent, require the new agent who then
  8  writes the policy to pay not less than 50 percent of the first
  9  year's commission to the producing agent who submitted the
10  application to the plan or the association, except that if the
11  new agent is an employee or exclusive agent of the insurer,
12  the new agent shall pay a policy fee of $50 to the producing
13  agent in lieu of splitting the commission. If the risk is not
14  able to obtain any such offer, the risk is eligible for either
15  a standard policy including wind coverage or a basic policy
16  including wind coverage issued by the association; however, if
17  the risk could not be insured under a standard policy
18  including wind coverage regardless of market conditions, the
19  risk shall be eligible for a basic policy including wind
20  coverage unless rejected under subparagraph 8. The association
21  shall determine the type of policy to be provided on the basis
22  of objective standards specified in the underwriting manual
23  and based on generally accepted underwriting practices.
24         b.  With respect to commercial lines residential risks,
25  if the risk is offered coverage under a policy including wind
26  coverage from an authorized insurer at its approved rate, the
27  risk is not eligible for any policy issued by the association.
28  If the risk accepts an offer of coverage through the market
29  assistance plan or an offer of coverage through a mechanism
30  established by the association before a policy is issued to
31  the risk by the association, and the producing agent who
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  1  submitted the application to the plan or the association is
  2  not currently appointed by the insurer, the insurer shall
  3  either appoint the agent to service the risk or, if the
  4  insurer places the coverage through a new agent, require the
  5  new agent who then writes the policy to pay not less than 50
  6  percent of the first year's commission to the producing agent
  7  who submitted the application to the plan, except that if the
  8  new agent is an employee or exclusive agent of the insurer,
  9  the new agent shall pay a policy fee of $50 to the producing
10  agent in lieu of splitting the commission. If the risk is not
11  able to obtain any such offer, the risk is eligible for a
12  policy including wind coverage issued by the association.
13         c.  This subparagraph does not require the association
14  to provide wind coverage or hurricane coverage in any area in
15  which such coverage is available through the Florida Windstorm
16  Underwriting Association.
17         6.  Must include rules for classifications of risks and
18  rates therefor.
19         7.  Must provide that if premium and investment income
20  attributable to a particular plan year are in excess of
21  projected losses and expenses of the plan attributable to that
22  year, such excess shall be held in surplus. Such surplus shall
23  be available to defray deficits as to future years and shall
24  be used for that purpose prior to assessing member insurers as
25  to any plan year.
26         8.  Must provide objective criteria and procedures to
27  be uniformly applied for all applicants in determining whether
28  an individual risk is so hazardous as to be uninsurable. In
29  making this determination and in establishing the criteria and
30  procedures, the following shall be considered:
31
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  1         a.  Whether the likelihood of a loss for the individual
  2  risk is substantially higher than for other risks of the same
  3  class; and
  4         b.  Whether the uncertainty associated with the
  5  individual risk is such that an appropriate premium cannot be
  6  determined.
  7
  8  The acceptance or rejection of a risk by the association shall
  9  be construed as the private placement of insurance, and the
10  provisions of chapter 120 shall not apply.
11         9.  Must provide that the association shall make its
12  best efforts to procure catastrophe reinsurance at reasonable
13  rates, as determined by the board of governors.
14         10.  Must provide that in the event of regular deficit
15  assessments under sub-subparagraph (b)3.a. or sub-subparagraph
16  (b)3.b., or by the Florida Windstorm Underwriting Association
17  under sub-sub-subparagraph (2)(b)2.d.(I) or
18  sub-sub-subparagraph (2)(b)2.d.(II), the association shall
19  levy upon association policyholders in its next rate filing,
20  or by a separate rate filing solely for this purpose, a market
21  equalization surcharge in a percentage equal to the total
22  amount of such regular assessments divided by the aggregate
23  statewide direct written premium for subject lines of business
24  for member insurers for the prior calendar year. Market
25  equalization surcharges under this subparagraph are not
26  considered premium and are not subject to commissions, fees,
27  or premium taxes; however, failure to pay a market
28  equalization surcharge shall be treated as failure to pay
29  premium.
30         11.  The policies issued by the association must
31  provide that, if the association or the market assistance plan
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  1  obtains an offer from an authorized insurer to cover the risk
  2  at its approved rates under either a standard policy including
  3  wind coverage or a basic policy including wind coverage, the
  4  risk is no longer eligible for coverage through the
  5  association. However, if the risk is located in an area in
  6  which Florida Windstorm Underwriting Association coverage is
  7  available, such an offer of a standard or basic policy
  8  terminates eligibility regardless of whether or not the offer
  9  includes wind coverage. Upon termination of eligibility, the
10  association shall provide written notice to the policyholder
11  and agent of record stating that the association policy shall
12  be canceled as of 60 days after the date of the notice because
13  of the offer of coverage from an authorized insurer. Other
14  provisions of the insurance code relating to cancellation and
15  notice of cancellation do not apply to actions under this
16  subparagraph.
17         12.  Association policies and applications must include
18  a notice that the association policy could, under this section
19  or s. 627.3511, be replaced with a policy issued by an
20  admitted insurer that does not provide coverage identical to
21  the coverage provided by the association. The notice shall
22  also specify that acceptance of association coverage creates a
23  conclusive presumption that the applicant or policyholder is
24  aware of this potential.
25         13.  May establish, subject to approval by the
26  department, different eligibility requirements and operational
27  procedures for any line or type of coverage for any specified
28  county or area if the board determines that such changes to
29  the eligibility requirements and operational procedures are
30  justified due to the voluntary market being sufficiently
31  stable and competitive in such area or for such line or type
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  1  of coverage and that consumers who, in good faith, are unable
  2  to obtain insurance through the voluntary market through
  3  ordinary methods would continue to have access to coverage
  4  from the association. When coverage is sought in connection
  5  with a real property transfer, such requirements and
  6  procedures shall not provide for an effective date of coverage
  7  later than the date of the closing of the transfer as
  8  established by the transferor, the transferee, and, if
  9  applicable, the lender.
10         (d)1.  It is the intent of the Legislature that the
11  rates for coverage provided by the association be actuarially
12  sound and not competitive with approved rates charged in the
13  admitted voluntary market, so that the association functions
14  as a residual market mechanism to provide insurance only when
15  the insurance cannot be procured in the voluntary market.
16  Rates shall include an appropriate catastrophe loading factor
17  that reflects the actual catastrophic exposure of the
18  association and recognizes that the association has little or
19  no capital or surplus; and the association shall carefully
20  review each rate filing to assure that provider compensation
21  is not excessive.
22         2.  For each county, the average rates of the
23  association for each line of business for personal lines
24  residential policies shall be no lower than the average rates
25  charged by the insurer that had the highest average rate in
26  that county among the 20 insurers with the greatest total
27  direct written premium in the state for that line of business
28  in the preceding year, except that with respect to mobile home
29  coverages, the average rates of the association shall be no
30  lower than the average rates charged by the insurer that had
31  the highest average rate in that county among the 5 insurers
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  1  with the greatest total written premium for mobile home
  2  owner's policies in the state in the preceding year.
  3         3.  Rates for commercial residential coverage shall not
  4  be subject to the requirements of subparagraph 2., but shall
  5  be subject to all other requirements of this paragraph and s.
  6  627.062.
  7         4.  Nothing in this paragraph shall require or allow
  8  the association to adopt a rate that is inadequate under s.
  9  627.062 or to reduce rates approved under s. 627.062.
10         5.  The association may require arbitration of a filing
11  pursuant to s. 627.062(6). Rate filings of the association
12  under this paragraph shall be made on a use and file basis
13  under s. 627.062(2)(a)2. The association shall make a rate
14  filing at least once a year, but no more often than quarterly.
15         (e)  Coverage through the association is hereby
16  activated effective upon approval of the plan, and shall
17  remain activated until coverage is deactivated pursuant to
18  paragraph (f). Thereafter, coverage through the association
19  shall be reactivated by order of the department only under one
20  of the following circumstances:
21         1.  If the market assistance plan receives a minimum of
22  100 applications for coverage within a 3-month period, or 200
23  applications for coverage within a 1-year period or less for
24  residential coverage, unless the market assistance plan
25  provides a quotation from admitted carriers at their filed
26  rates for at least 90 percent of such applicants. Any market
27  assistance plan application that is rejected because an
28  individual risk is so hazardous as to be uninsurable using the
29  criteria specified in subparagraph (c)8. shall not be included
30  in the minimum percentage calculation provided herein. In the
31  event that there is a legal or administrative challenge to a
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  1  determination by the department that the conditions of this
  2  subparagraph have been met for eligibility for coverage in the
  3  association, any eligible risk may obtain coverage during the
  4  pendency of such challenge.
  5         2.  In response to a state of emergency declared by the
  6  Governor under s. 252.36, the department may activate coverage
  7  by order for the period of the emergency upon a finding by the
  8  department that the emergency significantly affects the
  9  availability of residential property insurance.
10         (f)  The activities of the association shall be
11  reviewed at least annually by the board and, upon
12  recommendation by the board or petition of any interested
13  party, coverage shall be deactivated if the department finds
14  that the conditions giving rise to its activation no longer
15  exist.
16         (g)1.  The board shall certify to the department its
17  needs for annual assessments as to a particular calendar year,
18  and any startup or interim assessments that it deems to be
19  necessary to sustain operations as to a particular year
20  pending the receipt of annual assessments. Upon verification,
21  the department shall approve such certification, and the board
22  shall levy such annual, startup, or interim assessments. Such
23  assessments shall be prorated as provided in paragraph (b).
24  The board shall take all reasonable and prudent steps
25  necessary to collect the amount of assessment due from each
26  participating member insurer, including, if prudent, filing
27  suit to collect such assessment. If the board is unable to
28  collect an assessment from any member insurer, the uncollected
29  assessments shall be levied as an additional assessment
30  against the participating member insurers and any
31  participating member insurer required to pay an additional
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  1  assessment as a result of such failure to pay shall have a
  2  cause of action against such nonpaying member insurer.
  3  Assessments shall be included as an appropriate factor in the
  4  making of rates.
  5         2.  The governing body of any unit of local government,
  6  any residents of which are insured by the association, may
  7  issue bonds as defined in s. 125.013 or s. 166.101 from time
  8  to time to fund an assistance program, in conjunction with the
  9  association, for the purpose of defraying deficits of the
10  association. In order to avoid needless and indiscriminate
11  proliferation, duplication, and fragmentation of such
12  assistance programs, any unit of local government, any
13  residents of which are insured by the association, may provide
14  for the payment of losses, regardless of whether or not the
15  losses occurred within or outside of the territorial
16  jurisdiction of the local government. Revenue bonds may not be
17  issued until validated pursuant to chapter 75, unless a state
18  of emergency is declared by executive order or proclamation of
19  the Governor pursuant to s. 252.36 making such findings as are
20  necessary to determine that it is in the best interests of,
21  and necessary for, the protection of the public health,
22  safety, and general welfare of residents of this state and the
23  protection and preservation of the economic stability of
24  insurers operating in this state, and declaring it an
25  essential public purpose to permit certain municipalities or
26  counties to issue such bonds as will permit relief to
27  claimants and policyholders of the joint underwriting
28  association and insurers responsible for apportionment of
29  association losses. Any such unit of local government may
30  enter into such contracts with the association and with any
31  other entity created pursuant to this subsection as are
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  1  necessary to carry out this paragraph. Any bonds issued under
  2  this subparagraph shall be payable from and secured by moneys
  3  received by the association from emergency assessments under
  4  sub-subparagraph (b)3.d., and assigned and pledged to or on
  5  behalf of the unit of local government for the benefit of the
  6  holders of such bonds.  The funds, credit, property, and
  7  taxing power of the state or of the unit of local government
  8  shall not be pledged for the payment of such bonds. If any of
  9  the bonds remain unsold 60 days after issuance, the department
10  shall require all insurers subject to assessment to purchase
11  the bonds, which shall be treated as admitted assets; each
12  insurer shall be required to purchase that percentage of the
13  unsold portion of the bond issue that equals the insurer's
14  relative share of assessment liability under this subsection.
15  An insurer shall not be required to purchase the bonds to the
16  extent that the department determines that the purchase would
17  endanger or impair the solvency of the insurer.
18         3.a.  In addition to any credits, bonuses, or
19  exemptions provided under s. 627.3511, the board shall adopt a
20  program for the reduction of both new and renewal writings in
21  the association. The board may consider any prudent and not
22  unfairly discriminatory approach to reducing association
23  writings, but must adopt at least a credit against assessment
24  liability or other liability that provides an incentive for
25  insurers to take risks out of the association and to keep
26  risks out of the association by maintaining or increasing
27  voluntary writings in counties in which association risks are
28  highly concentrated and a program to provide a formula under
29  which an insurer voluntarily taking risks out of the
30  association by maintaining or increasing voluntary writings
31
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  1  will be relieved wholly or partially from assessments under
  2  sub-subparagraphs (b)3.a. and b.
  3         b.  Any credit or exemption from regular assessments
  4  adopted under this subparagraph shall last no longer than the
  5  3 years following the cancellation or expiration of the policy
  6  by the association. With the approval of the department, the
  7  board may extend such credits for an additional year if the
  8  insurer guarantees an additional year of renewability for all
  9  policies removed from the association, or for 2 additional
10  years if the insurer guarantees 2 additional years of
11  renewability for all policies so removed.
12         c.  There shall be no credit, limitation, exemption, or
13  deferment from emergency assessments to be collected from
14  policyholders pursuant to sub-subparagraph (b)3.d.
15         4.  The plan shall provide for the deferment, in whole
16  or in part, of the assessment of a member insurer, other than
17  an emergency assessment collected from policyholders pursuant
18  to sub-subparagraph (b)3.d., if the department finds that
19  payment of the assessment would endanger or impair the
20  solvency of the insurer. In the event an assessment against a
21  member insurer is deferred in whole or in part, the amount by
22  which such assessment is deferred may be assessed against the
23  other member insurers in a manner consistent with the basis
24  for assessments set forth in paragraph (b).
25         (h)  Nothing in this subsection shall be construed to
26  preclude the issuance of residential property insurance
27  coverage pursuant to part VIII of chapter 626.
28         (i)  There shall be no liability on the part of, and no
29  cause of action of any nature shall arise against, any member
30  insurer or its agents or employees, the association or its
31  agents or employees, members of the board of governors or
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  1  their respective designees at a board meeting, association
  2  committee members, or the department or its representatives,
  3  for any action taken by them in the performance of their
  4  duties or responsibilities under this subsection. Such
  5  immunity does not apply to:
  6         1.  Any of the foregoing persons or entities for any
  7  willful tort;
  8         2.  The association or its servicing or producing
  9  agents for breach of any contract or agreement pertaining to
10  insurance coverage;
11         3.  The association with respect to issuance or payment
12  of debt; or
13         4.  Any member insurer with respect to any action to
14  enforce a member insurer's obligations to the association
15  under this subsection.
16         (j)  The Residential Property and Casualty Joint
17  Underwriting Association is not a state agency, board, or
18  commission. However, for the purposes of s. 199.183(1), the
19  Residential Property and Casualty Joint Underwriting
20  Association shall be considered a political subdivision of the
21  state and shall be exempt from the corporate income tax.
22         (k)  Upon a determination by the board of governors
23  that the conditions giving rise to the establishment and
24  activation of the association no longer exist, and upon the
25  consent thereto by order of the department, the association is
26  dissolved. Upon dissolution, the assets of the association
27  shall be applied first to pay all debts, liabilities, and
28  obligations of the association, including the establishment of
29  reasonable reserves for any contingent liabilities or
30  obligations, and all remaining assets of the association shall
31
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  1  become property of the state and deposited in the Florida
  2  Hurricane Catastrophe Fund.
  3         (l)  All obligations, rights, assets, and liabilities
  4  of the Florida Property and Casualty Joint Underwriting
  5  Association created by subsection (5), which obligations,
  6  rights, assets, or liabilities relate to the provision of
  7  commercial lines residential property insurance coverage as
  8  described in this section are hereby transferred to the
  9  Residential Property and Casualty Joint Underwriting
10  Association. The Residential Property and Casualty Joint
11  Underwriting Association is not required to issue endorsements
12  or certificates of assumption to insureds during the remaining
13  term of in-force transferred policies.
14         (m)  Notwithstanding any other provision of law:
15         1.  The pledge or sale of, the lien upon, and the
16  security interest in any rights, revenues, or other assets of
17  the association created or purported to be created pursuant to
18  any financing documents to secure any bonds or other
19  indebtedness of the association shall be and remain valid and
20  enforceable, notwithstanding the commencement of and during
21  the continuation of, and after, any rehabilitation,
22  insolvency, liquidation, bankruptcy, receivership,
23  conservatorship, reorganization, or similar proceeding against
24  the association under the laws of this state.
25         2.  No such proceeding shall relieve the association of
26  its obligation, or otherwise affect its ability to perform its
27  obligation, to continue to collect, or levy and collect,
28  assessments, market equalization or other surcharges under
29  subparagraph (c)10., or any other rights, revenues, or other
30  assets of the association pledged pursuant to any financing
31  documents.
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  1         3.  Each such pledge or sale of, lien upon, and
  2  security interest in, including the priority of such pledge,
  3  lien, or security interest, any such assessments, market
  4  equalization or other surcharges, or other rights, revenues,
  5  or other assets which are collected, or levied and collected,
  6  after the commencement of and during the pendency of, or
  7  after, any such proceeding shall continue unaffected by such
  8  proceeding.  As used in this subsection, the term "financing
  9  documents" means any agreement or agreements, instrument or
10  instruments, or other document or documents now existing or
11  hereafter created evidencing any bonds or other indebtedness
12  of the association or pursuant to which any such bonds or
13  other indebtedness has been or may be issued and pursuant to
14  which any rights, revenues, or other assets of the association
15  are pledged or sold to secure the repayment of such bonds or
16  indebtedness, together with the payment of interest on such
17  bonds or such indebtedness, or the payment of any other
18  obligation of the association related to such bonds or
19  indebtedness.
20         4.  Any such pledge or sale of assessments, revenues,
21  contract rights, or other rights or assets of the association
22  shall constitute a lien and security interest, or sale, as the
23  case may be, that is immediately effective and attaches to
24  such assessments, revenues, or contract rights or other rights
25  or assets, whether or not imposed or collected at the time the
26  pledge or sale is made.  Any such pledge or sale is effective,
27  valid, binding, and enforceable against the association or
28  other entity making such pledge or sale, and valid and binding
29  against and superior to any competing claims or obligations
30  owed to any other person or entity, including policyholders in
31  this state, asserting rights in any such assessments,
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  1  revenues, or contract rights or other rights or assets to the
  2  extent set forth in and in accordance with the terms of the
  3  pledge or sale contained in the applicable financing
  4  documents, whether or not any such person or entity has notice
  5  of such pledge or sale and without the need for any physical
  6  delivery, recordation, filing, or other action.
  7         (n)1.  The following records of the Residential
  8  Property and Casualty Joint Underwriting Association are
  9  confidential and exempt from the provisions of s. 119.07(1)
10  and s. 24(a), Art. I of the State Constitution:
11         a.  Underwriting files, except that a policyholder or
12  an applicant shall have access to his or her own underwriting
13  files.
14         b.  Claims files, until termination of all litigation
15  and settlement of all claims arising out of the same incident,
16  although portions of the claims files may remain exempt, as
17  otherwise provided by law. Confidential and exempt claims file
18  records may be released to other governmental agencies upon
19  written request and demonstration of need; such records held
20  by the receiving agency remain confidential and exempt as
21  provided for herein.
22         c.  Records obtained or generated by an internal
23  auditor pursuant to a routine audit, until the audit is
24  completed, or if the audit is conducted as part of an
25  investigation, until the investigation is closed or ceases to
26  be active.  An investigation is considered "active" while the
27  investigation is being conducted with a reasonable, good faith
28  belief that it could lead to the filing of administrative,
29  civil, or criminal proceedings.
30         d.  Matters reasonably encompassed in privileged
31  attorney-client communications.
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  1         e.  Proprietary information licensed to the association
  2  under contract and the contract provides for the
  3  confidentiality of such proprietary information.
  4         f.  All information relating to the medical condition
  5  or medical status of an association employee which is not
  6  relevant to the employee's capacity to perform his or her
  7  duties, except as otherwise provided in this paragraph.
  8  Information which is exempt shall include, but is not limited
  9  to, information relating to workers' compensation, insurance
10  benefits, and retirement or disability benefits.
11         g.  Upon an employee's entrance into the employee
12  assistance program, a program to assist any employee who has a
13  behavioral or medical disorder, substance abuse problem, or
14  emotional difficulty which affects the employee's job
15  performance, all records relative to that participation shall
16  be confidential and exempt from the provisions of s. 119.07(1)
17  and s. 24(a), Art. I of the State Constitution, except as
18  otherwise provided in s. 112.0455(11).
19         h.  Information relating to negotiations for financing,
20  reinsurance, depopulation, or contractual services, until the
21  conclusion of the negotiations.
22         i.  Minutes of closed meetings regarding underwriting
23  files, and minutes of closed meetings regarding an open claims
24  file until termination of all litigation and settlement of all
25  claims with regard to that claim, except that information
26  otherwise confidential or exempt by law will be redacted.
27
28  When an authorized insurer is considering underwriting a risk
29  insured by the association, relevant underwriting files and
30  confidential claims files may be released to the insurer
31  provided the insurer agrees in writing, notarized and under
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  1  oath, to maintain the confidentiality of such files.  When a
  2  file is transferred to an insurer that file is no longer a
  3  public record because it is not held by an agency subject to
  4  the provisions of the public records law. Underwriting files
  5  and confidential claims files may also be released to staff of
  6  and the board of governors of the market assistance plan
  7  established pursuant to s. 627.3515, who must retain the
  8  confidentiality of such files, except such files may be
  9  released to authorized insurers that are considering assuming
10  the risks to which the files apply, provided the insurer
11  agrees in writing, notarized and under oath, to maintain the
12  confidentiality of such files.  Finally, the association or
13  the board or staff of the market assistance plan may make the
14  following information obtained from underwriting files and
15  confidential claims files available to licensed general lines
16  insurance agents: name, address, and telephone number of the
17  residential property owner or insured; location of the risk;
18  rating information; loss history; and policy type.  The
19  receiving licensed general lines insurance agent must retain
20  the confidentiality of the information received.
21         2.  Portions of meetings of the Residential Property
22  and Casualty Joint Underwriting Association are exempt from
23  the provisions of s. 286.011 and s. 24(b), Art. I of the State
24  Constitution wherein confidential underwriting files or
25  confidential open claims files are discussed.  All portions of
26  association meetings which are closed to the public shall be
27  recorded by a court reporter.  The court reporter shall record
28  the times of commencement and termination of the meeting, all
29  discussion and proceedings, the names of all persons present
30  at any time, and the names of all persons speaking.  No
31  portion of any closed meeting shall be off the record.
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  1  Subject to the provisions hereof and s. 119.07(2)(a), the
  2  court reporter's notes of any closed meeting shall be retained
  3  by the association for a minimum of 5 years. A copy of the
  4  transcript, less any exempt matters, of any closed meeting
  5  wherein claims are discussed shall become public as to
  6  individual claims after settlement of the claim.
  7         Section 61.  Subsections (3) and (4) of section
  8  627.3512, Florida Statutes, are amended to read:
  9         627.3512  Recoupment of residual market deficit
10  assessments.--
11         (3)  The insurer or insurer group shall file with the
12  commission department a statement setting forth the amount of
13  the assessment factor and an explanation of how the factor
14  will be applied, at least 15 days prior to the factor being
15  applied to any policies.  The statement shall include
16  documentation of the assessment paid by the insurer or insurer
17  group and the arithmetic calculations supporting the
18  assessment factor.  The commission department shall complete
19  its review within 15 days after receipt of the filing and
20  shall limit its review to verification of the arithmetic
21  calculations.  The insurer or insurer group may use the
22  assessment factor at any time after the expiration of the
23  15-day period unless the commission department has notified
24  the insurer or insurer group in writing that the arithmetic
25  calculations are incorrect.
26         (4)  The commission department may adopt rules to
27  implement this section.
28         Section 62.  Subsection (8) of section 627.357, Florida
29  Statutes, is amended to read:
30         627.357  Medical malpractice self-insurance.--
31
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  1         (8)  The expense factors associated with rates used by
  2  a fund shall be filed with the commission department at least
  3  30 days prior to use and may not be used until approved by the
  4  commission department.  The commission department shall
  5  disapprove the rates unless the filed expense factors
  6  associated therewith are justified and reasonable for the
  7  benefits and services provided.
  8         Section 63.  Section 627.361, Florida Statutes, is
  9  amended to read:
10         627.361  False or misleading information.--No person
11  shall willfully withhold information from or knowingly give
12  false or misleading information to the department, commission,
13  any statistical agency designated by the department or
14  commission, any rating organization, or any insurer, which
15  will affect the rates or premiums chargeable under this part.
16         Section 64.  Subsections (6), (7), and (8) of section
17  627.410, Florida Statutes, are amended to read:
18         627.410  Filing, approval of forms.--
19         (6)(a)  An insurer shall not deliver or issue for
20  delivery or renew in this state any health insurance policy
21  form until it has filed with the commission department a copy
22  of every applicable rating manual, rating schedule, change in
23  rating manual, and change in rating schedule; if rating
24  manuals and rating schedules are not applicable, the insurer
25  must file with the commission department applicable premium
26  rates and any change in applicable premium rates.
27         (b)  The commission department may establish by rule,
28  for each type of health insurance form, procedures to be used
29  in ascertaining the reasonableness of benefits in relation to
30  premium rates and may, by rule, exempt from any requirement of
31  paragraph (a) any health insurance policy form or type thereof
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  1  (as specified in such rule) to which form or type such
  2  requirements may not be practically applied or to which form
  3  or type the application of such requirements is not desirable
  4  or necessary for the protection of the public. With respect to
  5  any health insurance policy form or type thereof which is
  6  exempted by rule from any requirement of paragraph (a),
  7  premium rates filed pursuant to ss. 627.640 and 627.662 shall
  8  be for informational purposes.
  9         (c)  Every filing made pursuant to this subsection
10  shall be made within the same time period provided in, and
11  shall be deemed to be approved under the same conditions as
12  those provided in, subsection (2), except that such filings
13  shall be made with the commission, rather than the department.
14         (d)  Every filing made pursuant to this subsection,
15  except disability income policies and accidental death
16  policies, shall be prohibited from applying the following
17  rating practices:
18         1.  Select and ultimate premium schedules.
19         2.  Premium class definitions which classify insured
20  based on year of issue or duration since issue.
21         3.  Attained age premium structures on policy forms
22  under which more than 50 percent of the policies are issued to
23  persons age 65 or over.
24         (e)  Except as provided in subparagraph 1., an insurer
25  shall continue to make available for purchase any individual
26  policy form issued on or after October 1, 1993.  A policy form
27  shall not be considered to be available for purchase unless
28  the insurer has actively offered it for sale in the previous
29  12 months.
30         1.  An insurer may discontinue the availability of a
31  policy form if the insurer provides to the department and
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  1  commission in writing its decision at least 30 days prior to
  2  discontinuing the availability of the form of the policy or
  3  certificate.  After receipt of the notice by the department
  4  and commission, the insurer shall no longer offer for sale the
  5  policy form or certificate form in this state.
  6         2.  An insurer that discontinues the availability of a
  7  policy form pursuant to subparagraph 1. shall not file for
  8  approval a new policy form providing similar benefits as the
  9  discontinued form for a period of 5 years after the insurer
10  provides notice to the department of the discontinuance. The
11  period of discontinuance may be reduced if the department or
12  commission determines that a shorter period is appropriate.
13         3.  The experience of all policy forms providing
14  similar benefits shall be combined for all rating purposes.
15         (7)(a)  Each insurer subject to the requirements of
16  subsection (6) shall make an annual filing with the commission
17  department no later than 12 months after its previous filing,
18  demonstrating the reasonableness of benefits in relation to
19  premium rates.  The commission department, after receiving a
20  request to be exempted from the provisions of this section,
21  may, for good cause due to insignificant numbers of policies
22  in force or insignificant premium volume, exempt a company, by
23  line of coverage, from filing rates or rate certification as
24  required by this section.
25         (b)  The filing required by this subsection shall be
26  satisfied by one of the following methods:
27         1.  A rate filing prepared by an actuary which contains
28  documentation demonstrating the reasonableness of benefits in
29  relation to premiums charged in accordance with the applicable
30  rating laws and rules adopted promulgated by the commission
31  department.
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  1         2.  If no rate change is proposed, a filing which
  2  consists of a certification by an actuary that benefits are
  3  reasonable in relation to premiums currently charged in
  4  accordance with applicable laws and rules adopted promulgated
  5  by the commission department.
  6         (c)  As used in this section, "actuary" means an
  7  individual who is a member of the Society of Actuaries or the
  8  American Academy of Actuaries.  If an insurer does not employ
  9  or otherwise retain the services of an actuary, the insurer's
10  certification shall be prepared by insurer personnel or
11  consultants with a minimum of 5 years' experience in insurance
12  ratemaking. The chief executive officer of the insurer shall
13  review and sign the certification indicating his or her
14  agreement with its conclusions.
15         (d)  If at the time a filing is required under this
16  section an insurer is in the process of completing a rate
17  review, the insurer may apply to the commission department for
18  an extension of up to an additional 30 days in which to make
19  the filing.  The request for extension must be received by the
20  commission department in its offices in Tallahassee no later
21  than the date the filing is due.
22         (e)  If an insurer fails to meet the filing
23  requirements of this subsection and does not submit the filing
24  within 60 days following the date the filing is due, the
25  commission department may, in addition to any other penalty
26  authorized by law, order the insurer to discontinue the
27  issuance of policies for which the required filing was not
28  made, until such time as the commission department determines
29  that the required filing is properly submitted.
30         (8)(a)  For the purposes of subsections (6) and (7),
31  benefits of an individual accident and health insurance policy
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  1  form, including Medicare supplement policies as defined in s.
  2  627.672, when authorized by rules adopted by the commission
  3  department, and excluding long-term care insurance policies as
  4  defined in s. 627.9404, and other policy forms under which
  5  more than 50 percent of the policies are issued to individuals
  6  age 65 and over, are deemed to be reasonable in relation to
  7  premium rates if the rates are filed pursuant to a loss ratio
  8  guarantee and both the initial rates and the durational and
  9  lifetime loss ratios have been approved by the commission
10  department, and such benefits shall continue to be deemed
11  reasonable for renewal rates while the insurer complies with
12  such guarantee, provided the currently expected lifetime loss
13  ratio is not more than 5 percent less than the filed lifetime
14  loss ratio as certified to by an actuary.  The commission
15  department shall have the right to bring an administrative
16  action should it deem that the lifetime loss ratio will not be
17  met.  For Medicare supplement filings, the commission
18  department may withdraw a previously approved filing which was
19  made pursuant to a loss ratio guarantee if it determines that
20  the filing is not in compliance with ss. 627.671-627.675 or
21  the currently expected lifetime loss ratio is less than the
22  filed lifetime loss ratio as certified by an actuary in the
23  initial guaranteed loss ratio filing.  If this section
24  conflicts with ss. 627.671-627.675, ss. 627.671-627.675 shall
25  control.
26         (b)  The renewal premium rates shall be deemed to be
27  approved upon filing with the commission department if the
28  filing is accompanied by the most current approved loss ratio
29  guarantee. The loss ratio guarantee shall be in writing, shall
30  be signed by an officer of the insurer, and shall contain at
31  least:
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  1         1.  A recitation of the anticipated lifetime and
  2  durational target loss ratios contained in the actuarial
  3  memorandum filed with the policy form when it was originally
  4  approved.  The durational target loss ratios shall be
  5  calculated for 1-year experience periods.  If statutory
  6  changes have rendered any portion of such actuarial memorandum
  7  obsolete, the loss ratio guarantee shall also include an
  8  amendment to the actuarial memorandum reflecting current law
  9  and containing new lifetime and durational loss ratio targets.
10         2.  A guarantee that the applicable loss ratios for the
11  experience period in which the new rates will take effect, and
12  for each experience period thereafter until new rates are
13  filed, will meet the loss ratios referred to in subparagraph
14  1.
15         3.  A guarantee that the applicable loss ratio results
16  for the experience period will be independently audited at the
17  insurer's expense.  The audit shall be performed in the second
18  calendar quarter of the year following the end of the
19  experience period, and the audited results shall be reported
20  to the commission department no later than the end of such
21  quarter.  The commission department shall establish by rule
22  the minimum information reasonably necessary to be included in
23  the report.  The audit shall be done in accordance with
24  accepted accounting and actuarial principles.
25         4.  A guarantee that affected policyholders in this
26  state shall be issued a proportional refund, based on the
27  premium earned, of the amount necessary to bring the
28  applicable experience period loss ratio up to the durational
29  target loss ratio referred to in subparagraph 1.  The refund
30  shall be made to all policyholders in this state who are
31  insured under the applicable policy form as of the last day of
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  1  the experience period, except that no refund need be made to a
  2  policyholder in an amount less than $10. Refunds less than $10
  3  shall be aggregated and paid pro rata to the policyholders
  4  receiving refunds.  The refund shall include interest at the
  5  then-current variable loan interest rate for life insurance
  6  policies established by the National Association of Insurance
  7  Commissioners, from the end of the experience period until the
  8  date of payment.  Payments shall be made during the third
  9  calendar quarter of the year following the experience period
10  for which a refund is determined to be due. However, no
11  refunds shall be made until 60 days after the filing of the
12  audit report in order that the commission department has
13  adequate time to review the report.
14         5.  A guarantee that if the applicable loss ratio
15  exceeds the durational target loss ratio for that experience
16  period by more than 20 percent, provided there are at least
17  2,000 policyholders on the form nationwide or, if not, then
18  accumulated each calendar year until 2,000 policyholder years
19  is reached, the insurer, if directed by the commission
20  department, shall withdraw the policy form for the purposes of
21  issuing new policies.
22         (c)  As used in this subsection:
23         1.  "Loss ratio" means the ratio of incurred claims to
24  earned premium.
25         2.  "Applicable loss ratio" means the loss ratio
26  attributable solely to this state if there are 2,000 or more
27  policyholders in the state. If there are 500 or more
28  policyholders in this state but less than 2,000, it is the
29  linear interpolation of the nationwide loss ratio and the loss
30  ratio for this state.  If there are less than 500
31  policyholders in this state, it is the nationwide loss ratio.
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  1         3.  "Experience period" means the period, ordinarily a
  2  calendar year, for which a loss ratio guarantee is calculated.
  3         Section 65.  Section 627.411, Florida Statutes, is
  4  amended to read:
  5         627.411  Grounds for disapproval.--
  6         (1)  The department shall disapprove any form filed
  7  under s. 627.410(1)-(5) s. 627.410, or withdraw any previous
  8  approval thereof, only if the form:
  9         (a)  Is in any respect in violation of, or does not
10  comply with, this code.
11         (b)  Contains or incorporates by reference, where such
12  incorporation is otherwise permissible, any inconsistent,
13  ambiguous, or misleading clauses, or exceptions and conditions
14  which deceptively affect the risk purported to be assumed in
15  the general coverage of the contract.
16         (c)  Has any title, heading, or other indication of its
17  provisions which is misleading.
18         (d)  Is printed or otherwise reproduced in such manner
19  as to render any material provision of the form substantially
20  illegible.
21         (e)  Is for health insurance, and provides benefits
22  which are unreasonable in relation to the premium charged,
23  contains provisions that which are unfair or inequitable or
24  contrary to the public policy of this state or that which
25  encourage misrepresentation, or which apply rating practices
26  which result in premium escalations that are not viable for
27  the policyholder market or result in unfair discrimination in
28  sales practices.
29         (f)  Excludes coverage for human immunodeficiency virus
30  infection or acquired immune deficiency syndrome or contains
31  limitations in the benefits payable, or in the terms or
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  1  conditions of such contract, for human immunodeficiency virus
  2  infection or acquired immune deficiency syndrome which are
  3  different than those which apply to any other sickness or
  4  medical condition.
  5         (2)  The commission shall disapprove any health
  6  insurance rate filing under s. 627.410(6), (7), or (8) or
  7  withdraw any previous approval thereof only if the benefits
  8  are unreasonable in relation to the premium charged or the
  9  filing applies rating practices that result in premium
10  escalations that are not viable for the policyholder market or
11  result in unfair discrimination in sales practices. In
12  determining whether the benefits are reasonable in relation to
13  the premium charged, the commission department, in accordance
14  with reasonable actuarial techniques, shall consider:
15         (a)  Past loss experience and prospective loss
16  experience within and without this state.
17         (b)  Allocation of expenses.
18         (c)  Risk and contingency margins, along with
19  justification of such margins.
20         (d)  Acquisition costs.
21         Section 66.  Paragraph (c) of subsection (7) of section
22  627.6475, Florida Statutes, is amended to read:
23         627.6475  Individual reinsurance pool.--
24         (7)  INDIVIDUAL HEALTH REINSURANCE PROGRAM.--
25         (c)1.  The board, as part of the plan of operation,
26  shall establish a methodology for determining premium rates to
27  be charged by the program for reinsuring eligible individuals
28  pursuant to this section. The methodology must include a
29  system for classifying individuals which reflects the types of
30  case characteristics commonly used by carriers in this state.
31  The methodology must provide for the development of basic
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  1  reinsurance premium rates, which shall be multiplied by the
  2  factors set for them in this paragraph to determine the
  3  premium rates for the program. The basic reinsurance premium
  4  rates shall be established by the board, subject to the
  5  approval of the commission department, and shall be set at
  6  levels that reasonably approximate gross premiums charged to
  7  eligible individuals for individual health insurance by health
  8  insurance issuers. The premium rates set by the board may vary
  9  by geographical area, as determined under this section, to
10  reflect differences in cost. An eligible individual may be
11  reinsured for a rate that is five times the rate established
12  by the board.
13         2.  The board shall periodically review the methodology
14  established, including the system of classification and any
15  rating factors, to ensure that it reasonably reflects the
16  claims experience of the program. The board may propose
17  changes to the rates that are subject to the approval of the
18  commission department.
19         Section 67.  Paragraph (a) of subsection (4) of section
20  627.6498, Florida Statutes, is amended to read:
21         627.6498  Minimum benefits coverage; exclusions;
22  premiums; deductibles.--
23         (4)  PREMIUMS, DEDUCTIBLES, AND COINSURANCE.--
24         (a)  The plan shall provide for annual deductibles for
25  major medical expense coverage in the amount of $1,000 or any
26  higher amounts proposed by the board and approved by the
27  commission department, plus the benefits payable under any
28  other type of insurance coverage or workers' compensation.
29  The schedule of premiums and deductibles shall be established
30  by the association. With regard to any preferred provider
31  arrangement used utilized by the association, the deductibles
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  1  provided in this paragraph shall be the minimum deductibles
  2  applicable to the preferred providers and higher deductibles,
  3  as approved by the department, may be applied to providers who
  4  are not preferred providers.
  5         1.  Separate schedules of premium rates based on age
  6  may apply for individual risks.
  7         2.  Rates are subject to approval by the commission
  8  department.
  9         3.  Standard risk rates for coverages issued by the
10  association shall be established by the commission department,
11  pursuant to s. 627.6675(3).
12         4.  The board shall establish separate premium
13  schedules for low-risk individuals, medium-risk individuals,
14  and high-risk individuals and shall revise premium schedules
15  annually beginning January 1999. No rate shall exceed 200
16  percent of the standard risk rate for low-risk individuals,
17  225 percent of the standard risk rate for medium-risk
18  individuals, or 250 percent of the standard risk rate for
19  high-risk individuals. For the purpose of determining what
20  constitutes a low-risk individual, medium-risk individual, or
21  high-risk individual, the board shall consider the anticipated
22  claims payment for individuals based upon an individual's
23  health condition.
24         Section 68.  Section 627.6675, Florida Statutes, is
25  amended to read:
26         627.6675  Conversion on termination of
27  eligibility.--Subject to all of the provisions of this
28  section, a group policy delivered or issued for delivery in
29  this state by an insurer or nonprofit health care services
30  plan that provides, on an expense-incurred basis, hospital,
31  surgical, or major medical expense insurance, or any
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  1  combination of these coverages, shall provide that an employee
  2  or member whose insurance under the group policy has been
  3  terminated for any reason, including discontinuance of the
  4  group policy in its entirety or with respect to an insured
  5  class, and who has been continuously insured under the group
  6  policy, and under any group policy providing similar benefits
  7  that the terminated group policy replaced, for at least 3
  8  months immediately prior to termination, shall be entitled to
  9  have issued to him or her by the insurer a policy or
10  certificate of health insurance, referred to in this section
11  as a "converted policy." A group insurer may meet the
12  requirements of this section by contracting with another
13  insurer, authorized in this state, to issue an individual
14  converted policy, which policy has been approved by the
15  department under s. 627.410. An employee or member shall not
16  be entitled to a converted policy if termination of his or her
17  insurance under the group policy occurred because he or she
18  failed to pay any required contribution, or because any
19  discontinued group coverage was replaced by similar group
20  coverage within 31 days after discontinuance.
21         (1)  TIME LIMIT.--Written application for the converted
22  policy shall be made and the first premium must be paid to the
23  insurer, not later than 63 days after termination of the group
24  policy. However, if termination was the result of failure to
25  pay any required premium or contribution and such nonpayment
26  of premium was due to acts of an employer or policyholder
27  other than the employee or certificateholder, written
28  application for the converted policy must be made and the
29  first premium must be paid to the insurer not later than 63
30  days after notice of termination is mailed by the insurer or
31  the employer, whichever is earlier, to the employee's or
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  1  certificateholder's last address as shown by the record of the
  2  insurer or the employer, whichever is applicable. In such case
  3  of termination due to nonpayment of premium by the employer or
  4  policyholder, the premium for the converted policy may not
  5  exceed the rate for the prior group coverage for the period of
  6  coverage under the converted policy prior to the date notice
  7  of termination is mailed to the employee or certificateholder.
  8  For the period of coverage after such date, the premium for
  9  the converted policy is subject to the requirements of
10  subsection (3).
11         (2)  EVIDENCE OF INSURABILITY.--The converted policy
12  shall be issued without evidence of insurability.
13         (3)  CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR
14  GROUP COVERAGE.--
15         (a)  The premium for the converted policy shall be
16  determined in accordance with premium rates applicable to the
17  age and class of risk of each person to be covered under the
18  converted policy and to the type and amount of insurance
19  provided.  However, the premium for the converted policy may
20  not exceed 200 percent of the standard risk rate as
21  established by the commission department, pursuant to this
22  subsection.
23         (b)  Actual or expected experience under converted
24  policies may be combined with such experience under group
25  policies for the purposes of determining premium and loss
26  experience and establishing premium rate levels for group
27  coverage.
28         (c)  The commission department shall annually determine
29  standard risk rates, using reasonable actuarial techniques and
30  standards adopted by the commission department by rule. The
31  standard risk rates must be determined as follows:
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  1         1.  Standard risk rates for individual coverage must be
  2  determined separately for indemnity policies, preferred
  3  provider/exclusive provider policies, and health maintenance
  4  organization contracts.
  5         2.  The commission department shall survey insurers and
  6  health maintenance organizations representing at least an 80
  7  percent market share, based on premiums earned in the state
  8  for the most recent calendar year, for each of the categories
  9  specified in subparagraph 1.
10         3.  Standard risk rate schedules must be determined,
11  computed as the average rates charged by the carriers
12  surveyed, giving appropriate weight to each carrier's
13  statewide market share of earned premiums.
14         4.  The rate schedule shall be determined from analysis
15  of the one county with the largest market share in the state
16  of all such carriers.
17         5.  The rate for other counties must be determined by
18  using the weighted average of each carrier's county factor
19  relationship to the county determined in subparagraph 4.
20         6.  The rate schedule must be determined for different
21  age brackets and family size brackets.
22         (4)  EFFECTIVE DATE OF COVERAGE.--The effective date of
23  the converted policy shall be the day following the
24  termination of insurance under the group policy.
25         (5)  SCOPE OF COVERAGE.--The converted policy shall
26  cover the employee or member and his or her dependents who
27  were covered by the group policy on the date of termination of
28  insurance.  At the option of the insurer, a separate converted
29  policy may be issued to cover any dependent.
30         (6)  OPTIONAL COVERAGE.--The insurer shall not be
31  required to issue a converted policy covering any person who
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  1  is or could be covered by Medicare. The insurer shall not be
  2  required to issue a converted policy covering a person if
  3  paragraphs (a) and (b) apply to the person:
  4         (a)  If any of the following apply to the person:
  5         1.  The person is covered for similar benefits by
  6  another hospital, surgical, medical, or major medical expense
  7  insurance policy or hospital or medical service subscriber
  8  contract or medical practice or other prepayment plan, or by
  9  any other plan or program.
10         2.  The person is eligible for similar benefits,
11  whether or not actually provided coverage, under any
12  arrangement of coverage for individuals in a group, whether on
13  an insured or uninsured basis.
14         3.  Similar benefits are provided for or are available
15  to the person under any state or federal law.
16         (b)  If the benefits provided under the sources
17  referred to in subparagraph (a)1. or the benefits provided or
18  available under the sources referred to in subparagraphs (a)2.
19  and 3., together with the benefits provided by the converted
20  policy, would result in overinsurance according to the
21  insurer's standards.  The insurer's standards must bear some
22  reasonable relationship to actual health care costs in the
23  area in which the insured lives at the time of conversion and
24  must be filed with the department prior to their use in
25  denying coverage.
26         (7)  INFORMATION REQUESTED BY INSURER.--
27         (a)  A converted policy may include a provision under
28  which the insurer may request information, in advance of any
29  premium due date, of any person covered thereunder as to
30  whether:
31
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  1         1.  The person is covered for similar benefits by
  2  another hospital, surgical, medical, or major medical expense
  3  insurance policy or hospital or medical service subscriber
  4  contract or medical practice or other prepayment plan or by
  5  any other plan or program.
  6         2.  The person is covered for similar benefits under
  7  any arrangement of coverage for individuals in a group,
  8  whether on an insured or uninsured basis.
  9         3.  Similar benefits are provided for or are available
10  to the person under any state or federal law.
11         (b)  The converted policy may provide that the insurer
12  may refuse to renew the policy or the coverage of any person
13  only for one or more of the following reasons:
14         1.  Either the benefits provided under the sources
15  referred to in subparagraphs (a)1. and 2. for the person or
16  the benefits provided or available under the sources referred
17  to in subparagraph (a)3. for the person, together with the
18  benefits provided by the converted policy, would result in
19  overinsurance according to the insurer's standards on file
20  with the department.
21         2.  The converted policyholder fails to provide the
22  information requested pursuant to paragraph (a).
23         3.  Fraud or intentional misrepresentation in applying
24  for any benefits under the converted policy.
25         4.  Other reasons approved by the department.
26         (8)  BENEFITS OFFERED.--
27         (a)  An insurer shall not be required to issue a
28  converted policy that provides benefits in excess of those
29  provided under the group policy from which conversion is made.
30
31
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  1         (b)  An insurer shall offer the benefits specified in
  2  s. 627.668 and the benefits specified in s. 627.669 if those
  3  benefits were provided in the group plan.
  4         (c)  An insurer shall offer maternity benefits and
  5  dental benefits if those benefits were provided in the group
  6  plan.
  7         (9)  PREEXISTING CONDITION PROVISION.--The converted
  8  policy shall not exclude a preexisting condition not excluded
  9  by the group policy. However, the converted policy may provide
10  that any hospital, surgical, or medical benefits payable under
11  the converted policy may be reduced by the amount of any such
12  benefits payable under the group policy after the termination
13  of covered under the group policy. The converted policy may
14  also provide that during the first policy year the benefits
15  payable under the converted policy, together with the benefits
16  payable under the group policy, shall not exceed those that
17  would have been payable had the individual's insurance under
18  the group policy remained in force.
19         (10)  REQUIRED OPTION FOR MAJOR MEDICAL
20  COVERAGE.--Subject to the provisions and conditions of this
21  part, the employee or member shall be entitled to obtain a
22  converted policy providing major medical coverage under a plan
23  meeting the following requirements:
24         (a)  A maximum benefit equal to the lesser of the
25  policy limit of the group policy from which the individual
26  converted or $500,000 per covered person for all covered
27  medical expenses incurred during the covered person's
28  lifetime.
29         (b)  Payment of benefits at the rate of 80 percent of
30  covered medical expenses which are in excess of the
31  deductible, until 20 percent of such expenses in a benefit
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  1  period reaches $2,000, after which benefits will be paid at
  2  the rate of 90 percent during the remainder of the contract
  3  year unless the insured is in the insurer's case management
  4  program, in which case benefits shall be paid at the rate of
  5  100 percent during the remainder of the contract year.  For
  6  the purposes of this paragraph, "case management program"
  7  means the specific supervision and management of the medical
  8  care provided or prescribed for a specific individual, which
  9  may include the use of health care providers designated by the
10  insurer.  Payment of benefits for outpatient treatment of
11  mental illness, if provided in the converted policy, may be at
12  a lesser rate but not less than 50 percent.
13         (c)  A deductible for each calendar year that must be
14  $500, $1,000, or $2,000, at the option of the policyholder.
15         (d)  The term "covered medical expenses," as used in
16  this subsection, shall be consistent with those customarily
17  offered by the insurer under group or individual health
18  insurance policies but is not required to be identical to the
19  covered medical expenses provided in the group policy from
20  which the individual converted.
21         (11)  ALTERNATIVE PLANS.--The insurer shall, in
22  addition to the option required by subsection (10), offer the
23  standard health benefit plan, as established pursuant to s.
24  627.6699(12). The insurer may, at its option, also offer
25  alternative plans for group health conversion in addition to
26  the plans required by this section.
27         (12)  RETIREMENT COVERAGE.--If coverage would be
28  continued under the group policy on an employee following the
29  employee's retirement prior to the time he or she is or could
30  be covered by Medicare, the employee may elect, instead of
31  such continuation of group insurance, to have the same
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  1  conversion rights as would apply had his or her insurance
  2  terminated at retirement by reason or termination of
  3  employment or membership.
  4         (13)  REDUCTION OF COVERAGE DUE TO MEDICARE.--The
  5  converted policy may provide for reduction of coverage on any
  6  person upon his or her eligibility for coverage under Medicare
  7  or under any other state or federal law providing for benefits
  8  similar to those provided by the converted policy.
  9         (14)  CONVERSION PRIVILEGE ALLOWED.--The conversion
10  privilege shall also be available to any of the following:
11         (a)  The surviving spouse, if any, at the death of the
12  employee or member, with respect to the spouse and the
13  children whose coverages under the group policy terminate by
14  reason of the death, otherwise to each surviving child whose
15  coverage under the group policy terminates by reason of such
16  death, or, if the group policy provides for continuation of
17  dependents' coverages following the employee's or member's
18  death, at the end of such continuation.
19         (b)  The former spouse whose coverage would otherwise
20  terminate because of annulment or dissolution of marriage, if
21  the former spouse is dependent for financial support.
22         (c)  The spouse of the employee or member upon
23  termination of coverage of the spouse, while the employee or
24  member remains insured under the group policy, by reason of
25  ceasing to be a qualified family member under the group
26  policy, with respect to the spouse and the children whose
27  coverages under the group policy terminate at the same time.
28         (d)  A child solely with respect to himself or herself
29  upon termination of his or her coverage by reason of ceasing
30  to be a qualified family member under the group policy, if a
31
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  1  conversion privilege is not otherwise provided in this
  2  subsection with respect to such termination.
  3         (15)  BENEFIT LEVELS.--If the benefit levels required
  4  in subsection (10) exceed the benefit levels provided under
  5  the group policy, the conversion policy may offer benefits
  6  which are substantially similar to those provided under the
  7  group policy in lieu of those required in subsection (10).
  8         (16)  GROUP COVERAGE INSTEAD OF INDIVIDUAL
  9  COVERAGE.--The insurer may elect to provide group insurance
10  coverage instead of issuing a converted individual policy.
11         (17)  NOTIFICATION.--A notification of the conversion
12  privilege shall be included in each certificate of coverage.
13  The insurer shall mail an election and premium notice form,
14  including an outline of coverage, on a form approved by the
15  department, within 14 days after an individual who is eligible
16  for a converted policy gives notice to the insurer that the
17  individual is considering applying for the converted policy or
18  otherwise requests such information. The outline of coverage
19  must contain a description of the principal benefits and
20  coverage provided by the policy and its principal exclusions
21  and limitations, including, but not limited to, deductibles
22  and coinsurance.
23         (18)  OUTSIDE CONVERSIONS.--A converted policy that is
24  delivered outside of this state must be on a form that could
25  be delivered in the other jurisdiction as a converted policy
26  had the group policy been issued in that jurisdiction.
27         (19)  APPLICABILITY.--This section does not require
28  conversion on termination of eligibility for a policy or
29  contract that provides benefits for specified diseases, or for
30  accidental injuries only, disability income, Medicare
31
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  1  supplement, hospital indemnity, limited benefit,
  2  nonconventional, or excess policies.
  3         (20)  Nothing in this section or in the incorporation
  4  of it into insurance policies shall be construed to require
  5  insurers to provide benefits equal to those provided in the
  6  group policy from which the individual converted; provided,
  7  however, that comprehensive benefits are offered which shall
  8  be subject to approval by the Insurance Commissioner.
  9         Section 69.  Subsections (3), (6), (8), (11), (12), and
10  (16) of section 627.6699, Florida Statutes, are amended to
11  read:
12         627.6699  Employee Health Care Access Act.--
13         (3)  DEFINITIONS.--As used in this section, the term:
14         (a)  "Actuarial certification" means a written
15  statement, by a member of the American Academy of Actuaries or
16  another person acceptable to the commission department, that a
17  small employer carrier is in compliance with subsection (6),
18  based upon the person's examination, including a review of the
19  appropriate records and of the actuarial assumptions and
20  methods used by the carrier in establishing premium rates for
21  applicable health benefit plans.
22         (b)  "Basic health benefit plan" and "standard health
23  benefit plan" mean low-cost health care plans developed
24  pursuant to subsection (12).
25         (c)  "Board" means the board of directors of the
26  program.
27         (d)  "Carrier" means a person who provides health
28  benefit plans in this state, including an authorized insurer,
29  a health maintenance organization, a multiple-employer welfare
30  arrangement, or any other person providing a health benefit
31  plan that is subject to insurance regulation in this state.
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  1  However, the term does not include a multiple-employer welfare
  2  arrangement, which multiple-employer welfare arrangement
  3  operates solely for the benefit of the members or the members
  4  and the employees of such members, and was in existence on
  5  January 1, 1992.
  6         (e)  "Case management program" means the specific
  7  supervision and management of the medical care provided or
  8  prescribed for a specific individual, which may include the
  9  use of health care providers designated by the carrier.
10         (f)  "Creditable coverage" has the same meaning
11  ascribed in s. 627.6561.
12         (g)  "Dependent" means the spouse or child of an
13  eligible employee, subject to the applicable terms of the
14  health benefit plan covering that employee.
15         (h)  "Eligible employee" means an employee who works
16  full time, having a normal workweek of 25 or more hours, and
17  who has met any applicable waiting-period requirements or
18  other requirements of this act.  The term includes a
19  self-employed individual, a sole proprietor, a partner of a
20  partnership, or an independent contractor, if the sole
21  proprietor, partner, or independent contractor is included as
22  an employee under a health benefit plan of a small employer,
23  but does not include a part-time, temporary, or substitute
24  employee.
25         (i)  "Established geographic area" means the county or
26  counties, or any portion of a county or counties, within which
27  the carrier provides or arranges for health care services to
28  be available to its insureds, members, or subscribers.
29         (j)  "Guaranteed-issue basis" means an insurance policy
30  that must be offered to an employer, employee, or dependent of
31
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  1  the employee, regardless of health status, preexisting
  2  conditions, or claims history.
  3         (k)  "Health benefit plan" means any hospital or
  4  medical policy or certificate, hospital or medical service
  5  plan contract, or health maintenance organization subscriber
  6  contract. The term does not include accident-only, specified
  7  disease, individual hospital indemnity, credit, dental-only,
  8  vision-only, Medicare supplement, long-term care, or
  9  disability income insurance; similar supplemental plans
10  provided under a separate policy, certificate, or contract of
11  insurance, which cannot duplicate coverage under an underlying
12  health plan and are specifically designed to fill gaps in the
13  underlying health plan, coinsurance, or deductibles; coverage
14  issued as a supplement to liability insurance; workers'
15  compensation or similar insurance; or automobile
16  medical-payment insurance.
17         (l)  "Late enrollee" means an eligible employee or
18  dependent as defined under s. 627.6561(1)(b).
19         (m)  "Limited benefit policy or contract" means a
20  policy or contract that provides coverage for each person
21  insured under the policy for a specifically named disease or
22  diseases, a specifically named accident, or a specifically
23  named limited market that fulfills an experimental or
24  reasonable need, such as the small group market.
25         (n)  "Modified community rating" means a method used to
26  develop carrier premiums which spreads financial risk across a
27  large population and allows adjustments for age, gender,
28  family composition, tobacco usage, and geographic area as
29  determined under paragraph (5)(j).
30
31
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  1         (o)  "Participating carrier" means any carrier that
  2  issues health benefit plans in this state except a small
  3  employer carrier that elects to be a risk-assuming carrier.
  4         (p)  "Plan of operation" means the plan of operation of
  5  the program, including articles, bylaws, and operating rules,
  6  adopted by the board under subsection (11).
  7         (q)  "Program" means the Florida Small Employer Carrier
  8  Reinsurance Program created under subsection (11).
  9         (r)  "Rating period" means the calendar period for
10  which premium rates established by a small employer carrier
11  are assumed to be in effect.
12         (s)  "Reinsuring carrier" means a small employer
13  carrier that elects to comply with the requirements set forth
14  in subsection (11).
15         (t)  "Risk-assuming carrier" means a small employer
16  carrier that elects to comply with the requirements set forth
17  in subsection (10).
18         (u)  "Self-employed individual" means an individual or
19  sole proprietor who derives his or her income from a trade or
20  business carried on by the individual or sole proprietor which
21  results in taxable income as indicated on IRS Form 1040,
22  schedule C or F, and which generated taxable income in one of
23  the 2 previous years.
24         (v)  "Small employer" means, in connection with a
25  health benefit plan with respect to a calendar year and a plan
26  year, any person, sole proprietor, self-employed individual,
27  independent contractor, firm, corporation, partnership, or
28  association that is actively engaged in business, has its
29  principal place of business in this state, employed an average
30  of at least 1 but not more than 50 eligible employees on
31  business days during the preceding calendar year, and employs
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  1  at least 1 employee on the first day of the plan year.  For
  2  purposes of this section, a sole proprietor, an independent
  3  contractor, or a self-employed individual is considered a
  4  small employer only if all of the conditions and criteria
  5  established in this section are met.
  6         (w)  "Small employer carrier" means a carrier that
  7  offers health benefit plans covering eligible employees of one
  8  or more small employers.
  9         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--
10         (a)  The commission department may, by rule, establish
11  regulations to administer this subsection section and to
12  assure that rating practices used by small employer carriers
13  are consistent with the purpose of this section, including
14  assuring that differences in rates charged for health benefit
15  plans by small employer carriers are reasonable and reflect
16  objective differences in plan design, not including
17  differences due to the nature of the groups assumed to select
18  particular health benefit plans.
19         (b)  For all small employer health benefit plans that
20  are subject to this section and are issued by small employer
21  carriers on or after January 1, 1994, premium rates for health
22  benefit plans subject to this section are subject to the
23  following:
24         1.  Small employer carriers must use a modified
25  community rating methodology in which the premium for each
26  small employer must be determined solely on the basis of the
27  eligible employee's and eligible dependent's gender, age,
28  family composition, tobacco use, or geographic area as
29  determined under paragraph (5)(j).
30         2.  Rating factors related to age, gender, family
31  composition, tobacco use, or geographic location may be
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  1  developed by each carrier to reflect the carrier's experience.
  2  The factors used by carriers are subject to commission
  3  department review and approval.
  4         3.  Small employer carriers may not modify the rate for
  5  a small employer for 12 months from the initial issue date or
  6  renewal date, unless the composition of the group changes or
  7  benefits are changed.
  8         4.  Carriers participating in the alliance program, in
  9  accordance with ss. 408.70-408.706, may apply a different
10  community rate to business written in that program.
11         (c)  For all small employer health benefit plans that
12  are subject to this section, that are issued by small employer
13  carriers before January 1, 1994, and that are renewed on or
14  after January 1, 1995, renewal rates must be based on the same
15  modified community rating standard applied to new business.
16         (d)  Notwithstanding s. 627.401(2), this section and
17  ss. 627.410 and 627.411 apply to any health benefit plan
18  provided by a small employer carrier that provides coverage to
19  one or more employees of a small employer regardless of where
20  the policy, certificate, or contract is issued or delivered,
21  if the health benefit plan covers employees or their covered
22  dependents who are residents of this state.
23         (8)  MAINTENANCE OF RECORDS.--
24         (a)  Each small employer carrier must maintain at its
25  principal place of business a complete and detailed
26  description of its rating practices and renewal practices,
27  including information and documentation that demonstrate that
28  its rating methods and practices are based upon commonly
29  accepted actuarial assumptions and are in accordance with
30  sound actuarial principles.
31
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  1         (b)  Each small employer carrier must file with the
  2  commission department on or before March 15 of each year an
  3  actuarial certification that the carrier is in compliance with
  4  this section and that the rating methods of the carrier are
  5  actuarially sound. The certification must be in a form and
  6  manner and contain the information prescribed by the
  7  commission department.  The carrier must retain a copy of the
  8  certification at its principal place of business.
  9         (c)  A small employer carrier must make the information
10  and documentation described in paragraph (a) available to the
11  commission and the department upon request.  The information
12  constitutes proprietary and trade secret information and may
13  not be disclosed by the commission or the department to
14  persons outside the commission or department, except as agreed
15  to by the carrier or as ordered by a court of competent
16  jurisdiction.
17         (d)  Each small employer carrier must file with the
18  department quarterly an enrollment report as directed by the
19  department.  Such report shall not constitute proprietary or
20  trade secret information.
21         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--
22         (a)  There is created a nonprofit entity to be known as
23  the "Florida Small Employer Health Reinsurance Program."
24         (b)1.  The program shall operate subject to the
25  supervision and control of the board.
26         2.  Effective upon this act becoming a law, the board
27  shall consist of the commissioner or his or her designee, who
28  shall serve as the chairperson, and 13 additional members who
29  are representatives of carriers and insurance agents and are
30  appointed by the commissioner and serve as follows:
31
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  1         a.  The commissioner shall include representatives of
  2  small employer carriers subject to assessment under this
  3  subsection.  If two or more carriers elect to be risk-assuming
  4  carriers, the membership must include at least two
  5  representatives of risk-assuming carriers; if one carrier is
  6  risk-assuming, one member must be a representative of such
  7  carrier.  At least one member must be a carrier who is subject
  8  to the assessments, but is not a small employer carrier.
  9  Subject to such restrictions, at least five members shall be
10  selected from individuals recommended by small employer
11  carriers pursuant to procedures provided by rule of the
12  department. Three members shall be selected from a list of
13  health insurance carriers that issue individual health
14  insurance policies. At least two of the three members selected
15  must be reinsuring carriers. Two members shall be selected
16  from a list of insurance agents who are actively engaged in
17  the sale of health insurance.
18         b.  A member appointed under this subparagraph shall
19  serve a term of 4 years and shall continue in office until the
20  member's successor takes office, except that, in order to
21  provide for staggered terms, the commissioner shall designate
22  two of the initial appointees under this subparagraph to serve
23  terms of 2 years and shall designate three of the initial
24  appointees under this subparagraph to serve terms of 3 years.
25         3.  The commissioner may remove a member for cause.
26         4.  Vacancies on the board shall be filled in the same
27  manner as the original appointment for the unexpired portion
28  of the term.
29         5.  The commissioner may require an entity that
30  recommends persons for appointment to submit additional lists
31  of recommended appointees.
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  1         (c)1.
  2         a.  No later than August 15, 1992, the board shall
  3  submit to the department a plan of operation to assure the
  4  fair, reasonable, and equitable administration of the program.
  5  The board may at any time submit to the department any
  6  amendments to the plan that the board finds to be necessary or
  7  suitable.
  8         b.  No later than September 15, 1992, the department
  9  shall, after notice and hearing, approve the plan of operation
10  if it determines that the plan submitted by the board is
11  suitable to assure the fair, reasonable, and equitable
12  administration of the program and provides for the sharing of
13  program gains and losses equitably and proportionately in
14  accordance with paragraph (j).
15         c.  The plan of operation, or any amendment thereto,
16  becomes effective upon written approval of the department.
17         2.  If the board fails to submit a suitable plan of
18  operation by August 15, 1992, the department shall, after
19  notice and hearing, adopt a temporary plan of operation by
20  September 15, 1992.  The department shall amend or rescind the
21  temporary plan of operation, as appropriate, after it approves
22  a suitable plan of operation submitted by the board.
23         (d)  The plan of operation must, among other things:
24         1.  Establish procedures for handling and accounting
25  for program assets and moneys and for an annual fiscal
26  reporting to the department.
27         2.  Establish procedures for selecting an administering
28  carrier and set forth the powers and duties of the
29  administering carrier.
30         3.  Establish procedures for reinsuring risks.
31
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  1         4.  Establish procedures for collecting assessments
  2  from participating carriers to provide for claims reinsured by
  3  the program and for administrative expenses, other than
  4  amounts payable to the administrative carrier, incurred or
  5  estimated to be incurred during the period for which the
  6  assessment is made.
  7         5.  Provide for any additional matters at the
  8  discretion of the board.
  9         (e)  The board shall:
10         1.  Recommend to the department market conduct
11  requirements and other requirements for carriers and agents,
12  including requirements relating to:
13         a.  Registration by each carrier with the department of
14  its intention to be a small employer carrier under this
15  section;
16         b.  Publication by the department of a list of all
17  small employer carriers, including a requirement applicable to
18  agents and carriers that a health benefit plan may not be sold
19  by a carrier that is not identified as a small employer
20  carrier;
21         c.  The availability of a broadly publicized, toll-free
22  telephone number for access by small employers to information
23  concerning this section;
24         d.  Periodic reports by carriers and agents concerning
25  health benefit plans issued; and
26         e.  Methods concerning periodic demonstration by small
27  employer carriers and agents that they are marketing or
28  issuing health benefit plans to small employers.
29         2.  By January 1, 1995, the board shall conduct a study
30  of the effectiveness of this section and may recommend, to the
31  department, improvements to achieve greater rate stability,
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  1  accessibility, and affordability in the small employer
  2  marketplace.
  3         (f)  The program has the general powers and authority
  4  granted under the laws of this state to insurance companies
  5  and health maintenance organizations licensed to transact
  6  business, except the power to issue health benefit plans
  7  directly to groups or individuals.  In addition thereto, the
  8  program has specific authority to:
  9         1.  Enter into contracts as necessary or proper to
10  carry out the provisions and purposes of this act, including
11  the authority to enter into contracts with similar programs of
12  other states for the joint performance of common functions or
13  with persons or other organizations for the performance of
14  administrative functions.
15         2.  Sue or be sued, including taking any legal action
16  necessary or proper for recovering any assessments and
17  penalties for, on behalf of, or against the program or any
18  carrier.
19         3.  Take any legal action necessary to avoid the
20  payment of improper claims against the program.
21         4.  Issue reinsurance policies, in accordance with the
22  requirements of this act.
23         5.  Establish rules, conditions, and procedures for
24  reinsurance risks under the program participation.
25         6.  Establish actuarial functions as appropriate for
26  the operation of the program.
27         7.  Assess participating carriers in accordance with
28  paragraph (j), and make advance interim assessments as may be
29  reasonable and necessary for organizational and interim
30  operating expenses.  Interim assessments shall be credited as
31
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  1  offsets against any regular assessments due following the
  2  close of the calendar year.
  3         8.  Appoint appropriate legal, actuarial, and other
  4  committees as necessary to provide technical assistance in the
  5  operation of the program, and in any other function within the
  6  authority of the program.
  7         9.  Borrow money to effect the purposes of the program.
  8  Any notes or other evidences of indebtedness of the program
  9  which are not in default constitute legal investments for
10  carriers and may be carried as admitted assets.
11         10.  To the extent necessary, increase the $5,000
12  deductible reinsurance requirement to adjust for the effects
13  of inflation.
14         (g)  A reinsuring carrier may reinsure with the program
15  coverage of an eligible employee of a small employer, or any
16  dependent of such an employee, subject to each of the
17  following provisions:
18         1.  With respect to a standard and basic health care
19  plan, the program must reinsure the level of coverage
20  provided; and, with respect to any other plan, the program
21  must reinsure the coverage up to, but not exceeding, the level
22  of coverage provided under the standard and basic health care
23  plan.
24         2.  Except in the case of a late enrollee, a reinsuring
25  carrier may reinsure an eligible employee or dependent within
26  60 days after the commencement of the coverage of the small
27  employer. A newly employed eligible employee or dependent of a
28  small employer may be reinsured within 60 days after the
29  commencement of his or her coverage.
30         3.  A small employer carrier may reinsure an entire
31  employer group within 60 days after the commencement of the
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  1  group's coverage under the plan. The carrier may choose to
  2  reinsure newly eligible employees and dependents of the
  3  reinsured group pursuant to subparagraph 1.
  4         4.  The program may not reimburse a participating
  5  carrier with respect to the claims of a reinsured employee or
  6  dependent until the carrier has paid incurred claims of at
  7  least $5,000 in a calendar year for benefits covered by the
  8  program.  In addition, the reinsuring carrier shall be
  9  responsible for 10 percent of the next $50,000 and 5 percent
10  of the next $100,000 of incurred claims during a calendar year
11  and the program shall reinsure the remainder.
12         5.  The board annually shall adjust the initial level
13  of claims and the maximum limit to be retained by the carrier
14  to reflect increases in costs and utilization within the
15  standard market for health benefit plans within the state. The
16  adjustment shall not be less than the annual change in the
17  medical component of the "Consumer Price Index for All Urban
18  Consumers" of the Bureau of Labor Statistics of the Department
19  of Labor, unless the board proposes and the department
20  approves a lower adjustment factor.
21         6.  A small employer carrier may terminate reinsurance
22  for all reinsured employees or dependents on any plan
23  anniversary.
24         7.  The premium rate charged for reinsurance by the
25  program to a health maintenance organization that is approved
26  by the Secretary of Health and Human Services as a federally
27  qualified health maintenance organization pursuant to 42
28  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to
29  requirements that limit the amount of risk that may be ceded
30  to the program, which requirements are more restrictive than
31  subparagraph 4., shall be reduced by an amount equal to that
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  1  portion of the risk, if any, which exceeds the amount set
  2  forth in subparagraph 4. which may not be ceded to the
  3  program.
  4         8.  The board may consider adjustments to the premium
  5  rates charged for reinsurance by the program for carriers that
  6  use effective cost containment measures, including high-cost
  7  case management, as defined by the board.
  8         9.  A reinsuring carrier shall apply its
  9  case-management and claims-handling techniques, including, but
10  not limited to, utilization review, individual case
11  management, preferred provider provisions, other managed care
12  provisions or methods of operation, consistently with both
13  reinsured business and nonreinsured business.
14         (h)1.  The board, as part of the plan of operation,
15  shall establish a methodology for determining premium rates to
16  be charged by the program for reinsuring small employers and
17  individuals pursuant to this section.  The methodology shall
18  include a system for classification of small employers that
19  reflects the types of case characteristics commonly used by
20  small employer carriers in the state.  The methodology shall
21  provide for the development of basic reinsurance premium
22  rates, which shall be multiplied by the factors set for them
23  in this paragraph to determine the premium rates for the
24  program. The basic reinsurance premium rates shall be
25  established by the board, subject to the approval of the
26  commission department, and shall be set at levels which
27  reasonably approximate gross premiums charged to small
28  employers by small employer carriers for health benefit plans
29  with benefits similar to the standard and basic health benefit
30  plan.  The premium rates set by the board may vary by
31  geographical area, as determined under this section, to
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  1  reflect differences in cost.  The multiplying factors must be
  2  established as follows:
  3         a.  The entire group may be reinsured for a rate that
  4  is 1.5 times the rate established by the board.
  5         b.  An eligible employee or dependent may be reinsured
  6  for a rate that is 5 times the rate established by the board.
  7         2.  The board periodically shall review the methodology
  8  established, including the system of classification and any
  9  rating factors, to assure that it reasonably reflects the
10  claims experience of the program.  The board may propose
11  changes to the rates which shall be subject to the approval of
12  the commission department.
13         (i)  If a health benefit plan for a small employer
14  issued in accordance with this subsection is entirely or
15  partially reinsured with the program, the premium charged to
16  the small employer for any rating period for the coverage
17  issued must be consistent with the requirements relating to
18  premium rates set forth in s. 627.4106.
19         (j)1.  Before March 1 of each calendar year, the board
20  shall determine and report to the department the program net
21  loss for the previous year, including administrative expenses
22  for that year, and the incurred losses for the year, taking
23  into account investment income and other appropriate gains and
24  losses.
25         2.  Any net loss for the year shall be recouped by
26  assessment of the carriers, as follows:
27         a.  The operating losses of the program shall be
28  assessed in the following order subject to the specified
29  limitations.  The first tier of assessments shall be made
30  against reinsuring carriers in an amount which shall not
31  exceed 5 percent of each reinsuring carrier's premiums from
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  1  health benefit plans covering small employers.  If such
  2  assessments have been collected and additional moneys are
  3  needed, the board shall make a second tier of assessments in
  4  an amount which shall not exceed 0.5 percent of each carrier's
  5  health benefit plan premiums.  Except as provided in paragraph
  6  (n), risk-assuming carriers are exempt from all assessments
  7  authorized pursuant to this section.  The amount paid by a
  8  reinsuring carrier for the first tier of assessments shall be
  9  credited against any additional assessments made.
10         b.  The board shall equitably assess carriers for
11  operating losses of the plan based on market share.  The board
12  shall annually assess each carrier a portion of the operating
13  losses of the plan.  The first tier of assessments shall be
14  determined by multiplying the operating losses by a fraction,
15  the numerator of which equals the reinsuring carrier's earned
16  premium pertaining to direct writings of small employer health
17  benefit plans in the state during the calendar year for which
18  the assessment is levied, and the denominator of which equals
19  the total of all such premiums earned by reinsuring carriers
20  in the state during that calendar year. The second tier of
21  assessments shall be based on the premiums that all carriers,
22  except risk-assuming carriers, earned on all health benefit
23  plans written in this state. The board may levy interim
24  assessments against carriers to ensure the financial ability
25  of the plan to cover claims expenses and administrative
26  expenses paid or estimated to be paid in the operation of the
27  plan for the calendar year prior to the association's
28  anticipated receipt of annual assessments for that calendar
29  year.  Any interim assessment is due and payable within 30
30  days after receipt by a carrier of the interim assessment
31  notice. Interim assessment payments shall be credited against
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  1  the carrier's annual assessment.  Health benefit plan premiums
  2  and benefits paid by a carrier that are less than an amount
  3  determined by the board to justify the cost of collection may
  4  not be considered for purposes of determining assessments.
  5         c.  Subject to the approval of the department, the
  6  board shall make an adjustment to the assessment formula for
  7  reinsuring carriers that are approved as federally qualified
  8  health maintenance organizations by the Secretary of Health
  9  and Human Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to
10  the extent, if any, that restrictions are placed on them that
11  are not imposed on other small employer carriers.
12         3.  Before March 1 of each year, the board shall
13  determine and file with the department an estimate of the
14  assessments needed to fund the losses incurred by the program
15  in the previous calendar year.
16         4.  If the board determines that the assessments needed
17  to fund the losses incurred by the program in the previous
18  calendar year will exceed the amount specified in subparagraph
19  2., the board shall evaluate the operation of the program and
20  report its findings, including any recommendations for changes
21  to the plan of operation, to the department within 90 days
22  following the end of the calendar year in which the losses
23  were incurred.  The evaluation shall include an estimate of
24  future assessments, the administrative costs of the program,
25  the appropriateness of the premiums charged and the level of
26  carrier retention under the program, and the costs of coverage
27  for small employers. If the board fails to file a report with
28  the department within 90 days following the end of the
29  applicable calendar year, the department may evaluate the
30  operations of the program and implement such amendments to the
31
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  1  plan of operation the department deems necessary to reduce
  2  future losses and assessments.
  3         5.  If assessments exceed the amount of the actual
  4  losses and administrative expenses of the program, the excess
  5  shall be held as interest and used by the board to offset
  6  future losses or to reduce program premiums. As used in this
  7  paragraph, the term "future losses" includes reserves for
  8  incurred but not reported claims.
  9         6.  Each carrier's proportion of the assessment shall
10  be determined annually by the board, based on annual
11  statements and other reports considered necessary by the board
12  and filed by the carriers with the board.
13         7.  Provision shall be made in the plan of operation
14  for the imposition of an interest penalty for late payment of
15  an assessment.
16         8.  A carrier may seek, from the commissioner, a
17  deferment, in whole or in part, from any assessment made by
18  the board.  The department may defer, in whole or in part, the
19  assessment of a carrier if, in the opinion of the department,
20  the payment of the assessment would place the carrier in a
21  financially impaired condition.  If an assessment against a
22  carrier is deferred, in whole or in part, the amount by which
23  the assessment is deferred may be assessed against the other
24  carriers in a manner consistent with the basis for assessment
25  set forth in this section. The carrier receiving such
26  deferment remains liable to the program for the amount
27  deferred and is prohibited from reinsuring any individuals or
28  groups in the program if it fails to pay assessments.
29         (k)  Neither the participation in the program as
30  reinsuring carriers, the establishment of rates, forms, or
31  procedures, nor any other joint or collective action required
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  1  by this act, may be the basis of any legal action, criminal or
  2  civil liability, or penalty against the program or any of its
  3  carriers either jointly or separately.
  4         (l)  The board, as part of the plan of operation, shall
  5  develop standards setting forth the manner and levels of
  6  compensation to be paid to agents for the sale of basic and
  7  standard health benefit plans.  In establishing such
  8  standards, the board shall take into consideration the need to
  9  assure the broad availability of coverages, the objectives of
10  the program, the time and effort expended in placing the
11  coverage, the need to provide ongoing service to the small
12  employer, the levels of compensation currently used in the
13  industry, and the overall costs of coverage to small employers
14  selecting these plans.
15         (m)  The board shall monitor compliance with this
16  section, including the market conduct of small employer
17  carriers, and shall report to the department any unfair trade
18  practices and misleading or unfair conduct by a small employer
19  carrier that has been reported to the board by agents,
20  consumers, or any other person. The department shall
21  investigate all reports and, upon a finding of noncompliance
22  with this section or of unfair or misleading practices, shall
23  take action against the small employer carrier as permitted
24  under the insurance code or chapter 641.  The board is not
25  given investigatory or regulatory powers, but must forward all
26  reports of cases or abuse or misrepresentation to the
27  department.
28         (n)  Notwithstanding paragraph (j), the administrative
29  expenses of the program shall be recouped by assessment of
30  risk-assuming carriers and reinsuring carriers and such
31  amounts shall not be considered part of the operating losses
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  1  of the plan for the purposes of this paragraph.  Each
  2  carrier's portion of such administrative expenses shall be
  3  determined by multiplying the total of such administrative
  4  expenses by a fraction, the numerator of which equals the
  5  carrier's earned premium pertaining to direct writing of small
  6  employer health benefit plans in the state during the calendar
  7  year for which the assessment is levied, and the denominator
  8  of which equals the total of such premiums earned by all
  9  carriers in the state during such calendar year.
10         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT
11  PLANS.--
12         (a)1.  By May 15, 1993, the commissioner shall appoint
13  a health benefit plan committee composed of four
14  representatives of carriers which shall include at least two
15  representatives of HMOs, at least one of which is a staff
16  model HMO, two representatives of agents, four representatives
17  of small employers, and one employee of a small employer.  The
18  carrier members shall be selected from a list of individuals
19  recommended by the board.  The commissioner may require the
20  board to submit additional recommendations of individuals for
21  appointment.  As alliances are established under s. 408.702,
22  each alliance shall also appoint an additional member to the
23  committee.
24         2.  The committee shall develop changes to the form and
25  level of coverages for the standard health benefit plan and
26  the basic health benefit plan, and shall submit the forms, and
27  levels of coverages to the department by September 30, 1993.
28  The department must approve such forms and levels of coverages
29  by November 30, 1993, and may return the submissions to the
30  committee for modification on a schedule that allows the
31  department to grant final approval by November 30, 1993.
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  1         3.  The plans shall comply with all of the requirements
  2  of this subsection.
  3         4.  The plans must be filed with and approved by the
  4  department prior to issuance or delivery by any small employer
  5  carrier.
  6         5.  After approval of the revised health benefit plans,
  7  if the department determines that modifications to a plan
  8  might be appropriate, the commissioner shall appoint a new
  9  health benefit plan committee in the manner provided in
10  subparagraph 1. to submit recommended modifications to the
11  department for approval.
12         (b)1.  Each small employer carrier issuing new health
13  benefit plans shall offer to any small employer, upon request,
14  a standard health benefit plan and a basic health benefit plan
15  that meets the criteria set forth in this section.
16         2.  For purposes of this subsection, the terms
17  "standard health benefit plan" and "basic health benefit plan"
18  mean policies or contracts that a small employer carrier
19  offers to eligible small employers that contain:
20         a.  An exclusion for services that are not medically
21  necessary or that are not covered preventive health services;
22  and
23         b.  A procedure for preauthorization by the small
24  employer carrier, or its designees.
25         3.  A small employer carrier may include the following
26  managed care provisions in the policy or contract to control
27  costs:
28         a.  A preferred provider arrangement or exclusive
29  provider organization or any combination thereof, in which a
30  small employer carrier enters into a written agreement with
31  the provider to provide services at specified levels of
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  1  reimbursement or to provide reimbursement to specified
  2  providers. Any such written agreement between a provider and a
  3  small employer carrier must contain a provision under which
  4  the parties agree that the insured individual or covered
  5  member has no obligation to make payment for any medical
  6  service rendered by the provider which is determined not to be
  7  medically necessary.  A carrier may use preferred provider
  8  arrangements or exclusive provider arrangements to the same
  9  extent as allowed in group products that are not issued to
10  small employers.
11         b.  A procedure for utilization review by the small
12  employer carrier or its designees.
13
14  This subparagraph does not prohibit a small employer carrier
15  from including in its policy or contract additional managed
16  care and cost containment provisions, subject to the approval
17  of the department, which have potential for controlling costs
18  in a manner that does not result in inequitable treatment of
19  insureds or subscribers.  The carrier may use such provisions
20  to the same extent as authorized for group products that are
21  not issued to small employers.
22         4.  The standard health benefit plan shall include:
23         a.  Coverage for inpatient hospitalization;
24         b.  Coverage for outpatient services;
25         c.  Coverage for newborn children pursuant to s.
26  627.6575;
27         d.  Coverage for child care supervision services
28  pursuant to s. 627.6579;
29         e.  Coverage for adopted children upon placement in the
30  residence pursuant to s. 627.6578;
31         f.  Coverage for mammograms pursuant to s. 627.6613;
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  1         g.  Coverage for handicapped children pursuant to s.
  2  627.6615;
  3         h.  Emergency or urgent care out of the geographic
  4  service area; and
  5         i.  Coverage for services provided by a hospice
  6  licensed under s. 400.602 in cases where such coverage would
  7  be the most appropriate and the most cost-effective method for
  8  treating a covered illness.
  9         5.  The standard health benefit plan and the basic
10  health benefit plan may include a schedule of benefit
11  limitations for specified services and procedures.  If the
12  committee develops such a schedule of benefits limitation for
13  the standard health benefit plan or the basic health benefit
14  plan, a small employer carrier offering the plan must offer
15  the employer an option for increasing the benefit schedule
16  amounts by 4 percent annually.
17         6.  The basic health benefit plan shall include all of
18  the benefits specified in subparagraph 4.; however, the basic
19  health benefit plan shall place additional restrictions on the
20  benefits and utilization and may also impose additional cost
21  containment measures.
22         7.  Sections 627.419(2), (3), and (4), 627.6574,
23  627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 627.668,
24  and 627.66911 apply to the standard health benefit plan and to
25  the basic health benefit plan. However, notwithstanding said
26  provisions, the plans may specify limits on the number of
27  authorized treatments, if such limits are reasonable and do
28  not discriminate against any type of provider.
29         8.  Each small employer carrier that provides for
30  inpatient and outpatient services by allopathic hospitals may
31  provide as an option of the insured similar inpatient and
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  1  outpatient services by hospitals accredited by the American
  2  Osteopathic Association when such services are available and
  3  the osteopathic hospital agrees to provide the service.
  4         (c)  If a small employer rejects, in writing, the
  5  standard health benefit plan and the basic health benefit
  6  plan, the small employer carrier may offer the small employer
  7  a limited benefit policy or contract.
  8         (d)1.  Upon offering coverage under a standard health
  9  benefit plan, a basic health benefit plan, or a limited
10  benefit policy or contract for any small employer, the small
11  employer carrier shall provide such employer group with a
12  written statement that contains, at a minimum:
13         a.  An explanation of those mandated benefits and
14  providers that are not covered by the policy or contract;
15         b.  An explanation of the managed care and cost control
16  features of the policy or contract, along with all appropriate
17  mailing addresses and telephone numbers to be used by insureds
18  in seeking information or authorization; and
19         c.  An explanation of the primary and preventive care
20  features of the policy or contract.
21
22  Such disclosure statement must be presented in a clear and
23  understandable form and format and must be separate from the
24  policy or certificate or evidence of coverage provided to the
25  employer group.
26         2.  Before a small employer carrier issues a standard
27  health benefit plan, a basic health benefit plan, or a limited
28  benefit policy or contract, it must obtain from the
29  prospective policyholder a signed written statement in which
30  the prospective policyholder:
31
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  1         a.  Certifies as to eligibility for coverage under the
  2  standard health benefit plan, basic health benefit plan, or
  3  limited benefit policy or contract;
  4         b.  Acknowledges the limited nature of the coverage and
  5  an understanding of the managed care and cost control features
  6  of the policy or contract;
  7         c.  Acknowledges that if misrepresentations are made
  8  regarding eligibility for coverage under a standard health
  9  benefit plan, a basic health benefit plan, or a limited
10  benefit policy or contract, the person making such
11  misrepresentations forfeits coverage provided by the policy or
12  contract; and
13         d.  If a limited plan is requested, acknowledges that
14  the prospective policyholder had been offered, at the time of
15  application for the insurance policy or contract, the
16  opportunity to purchase any health benefit plan offered by the
17  carrier and that the prospective policyholder had rejected
18  that coverage.
19
20  A copy of such written statement shall be provided to the
21  prospective policyholder no later than at the time of delivery
22  of the policy or contract, and the original of such written
23  statement shall be retained in the files of the small employer
24  carrier for the period of time that the policy or contract
25  remains in effect or for 5 years, whichever period is longer.
26         3.  Any material statement made by an applicant for
27  coverage under a health benefit plan which falsely certifies
28  as to the applicant's eligibility for coverage serves as the
29  basis for terminating coverage under the policy or contract.
30         4.  Each marketing communication that is intended to be
31  used in the marketing of a health benefit plan in this state
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  1  must be submitted for review by the department prior to use
  2  and must contain the disclosures stated in this subsection.
  3         (e)1.  A small employer carrier may not use any policy,
  4  contract, or form, or rate under this section, including
  5  applications, enrollment forms, policies, contracts,
  6  certificates, evidences of coverage, riders, amendments,
  7  endorsements, and disclosure forms, until the carrier insurer
  8  has filed it with the department and the department has
  9  approved it under ss. 627.410, 627.4106, and 627.411.
10         2.  A small employer carrier may not use any rate until
11  the carrier has filed it with the commission and the
12  commission has approved it under ss. 627.410 and 627.411. A
13  small employer carrier must file with the department by
14  December 1, 1993, the standard and basic health benefit plan
15  that it intends to initially use to comply with this
16  subsection during calendar year 1994, together with the rates
17  therefor, and the department must approve the submissions by
18  January 1, 1994.
19         (16)  RULEMAKING AUTHORITY.--The department may adopt
20  rules to administer this section, including rules governing
21  compliance by small employer carriers and small employers,
22  except for rules related to rates. The commission may adopt
23  rules to administer this section related to rates.
24         Section 70.  Subsections (2), (4), and (7) of section
25  627.6745, Florida Statutes, are amended to read:
26         627.6745  Loss ratio standards; public rate hearings.--
27         (2)  Each entity providing Medicare supplement policies
28  or certificates in this state shall file annually its rates,
29  rating schedules, and supporting documentation with the
30  commission demonstrating that it is in compliance with the
31  applicable loss ratio standards of this code.  The filing of
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  1  rates and rating schedules shall demonstrate that the actual
  2  and expected losses in relation to premiums comply with the
  3  requirements of this section.
  4         (4)  Each insurer providing Medicare supplement
  5  insurance to residents of this state shall annually submit to
  6  the commission department information on actual loss ratios on
  7  forms prescribed by the National Association of Insurance
  8  Commissioners pursuant to the Omnibus Budget Reconciliation
  9  Act of 1990 (Pub. L. No. 101-508).
10         (7)  The commission department shall adopt a written
11  policy statement regarding the holding of public hearings
12  prior to approval of any premium increases for Medicare
13  supplement insurance policies.
14         Section 71.  Section 627.678, Florida Statutes, is
15  amended to read:
16         627.678  Rules.--
17         (1)  For the effective protection of the public
18  interest, the department shall have full power and authority
19  to adopt, promulgate, and enforce separate rules pertaining to
20  issuance and use of each type of credit insurance defined in
21  s. 627.677, except for matters related to rates. The
22  commission may adopt rules related to rates for credit life
23  and disability insurance consistent with the provisions of
24  this part.
25         (2)  Rules made pursuant to this section shall be
26  principally designed, and shall be promulgated with the
27  purpose of protecting the borrower from excessive charges by
28  or collected through the lender for insurance in relation to
29  the amount of the loan, to avoid duplication or overlapping of
30  insurance coverage and to avoid loss of the borrower's funds
31  by short-rate cancellation or termination of such insurance.
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  1  However, nothing in such rules shall be construed to authorize
  2  the department to prohibit operation of normal dividend
  3  distributions under participating insurance contracts.
  4         Section 72.  Section 627.6785, Florida Statutes, is
  5  amended to read:
  6         627.6785  Filing of rates with department.--
  7         (1)  Credit disability and credit life insurers shall
  8  file with the commission department a copy of all rates and
  9  any rate changes used in this state, subject to the procedures
10  specified in s. 627.410.
11         (2)  No credit disability rate and no credit life rate
12  shall exceed the maximum allowable rate promulgated by the
13  commission department.
14         (3)  No credit life rate or credit disability rate
15  shall be deemed to comply with the allowable rate criteria
16  contained in this part if the benefits provided are not
17  reasonable in relation to the premium charged or if the rate
18  it contains age restrictions which make ineligible for credit
19  life those debtors or lessors 70 years of age or under, or for
20  credit disability those debtors or lessors 65 years of age or
21  under, at the time the indebtedness is incurred. However, for
22  credit life, the coverage shall be provided, at a minimum,
23  until the earlier of the maturity date of the loan or the loan
24  anniversary at age 71, and, for credit disability, the
25  coverage shall be provided, at a minimum, until the earlier of
26  the maturity date of the loan or the loan anniversary at age
27  66.
28         Section 73.  Section 627.682, Florida Statutes, is
29  amended to read:
30         627.682  Filing, approval of forms.--All forms of
31  policies, certificates of insurance, statements of insurance,
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  1  applications for insurance, binders, endorsements, and riders
  2  of credit life or disability insurance delivered or issued for
  3  delivery in this state shall be filed with and approved by the
  4  department before use as provided in ss. 627.410 and 627.411.
  5  In addition to grounds as specified in s. 627.411, the
  6  department, upon compliance with the procedures set forth in
  7  s. 627.410, shall disapprove any such form and may withdraw
  8  any previous approval thereof if the benefits provided therein
  9  are not reasonable in relation to the premiums charged, or if
10  it contains provisions that which are unjust, unfair,
11  inequitable, misleading, or deceptive or that which encourage
12  misrepresentation of such policy.
13         Section 74.  Subsection (9) of section 627.727, Florida
14  Statutes, is amended to read:
15         627.727  Motor vehicle insurance; uninsured and
16  underinsured vehicle coverage; insolvent insurer protection.--
17         (9)  Insurers may offer policies of uninsured motorist
18  coverage containing policy provisions, in language approved by
19  the department, establishing that if the insured accepts this
20  offer:
21         (a)  The coverage provided as to two or more motor
22  vehicles shall not be added together to determine the limit of
23  insurance coverage available to an injured person for any one
24  accident, except as provided in paragraph (c).
25         (b)  If at the time of the accident the injured person
26  is occupying a motor vehicle, the uninsured motorist coverage
27  available to her or him is the coverage available as to that
28  motor vehicle.
29         (c)  If the injured person is occupying a motor vehicle
30  which is not owned by her or him or by a family member
31  residing with her or him, the injured person is entitled to
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  1  the highest limits of uninsured motorist coverage afforded for
  2  any one vehicle as to which she or he is a named insured or
  3  insured family member.  Such coverage shall be excess over the
  4  coverage on the vehicle the injured person is occupying.
  5         (d)  The uninsured motorist coverage provided by the
  6  policy does not apply to the named insured or family members
  7  residing in her or his household who are injured while
  8  occupying any vehicle owned by such insureds for which
  9  uninsured motorist coverage was not purchased.
10         (e)  If, at the time of the accident the injured person
11  is not occupying a motor vehicle, she or he is entitled to
12  select any one limit of uninsured motorist coverage for any
13  one vehicle afforded by a policy under which she or he is
14  insured as a named insured or as an insured resident of the
15  named insured's household.
16
17  In connection with the offer authorized by this subsection,
18  insurers shall inform the named insured, applicant, or lessee,
19  on a form approved by the department, of the limitations
20  imposed under this subsection and that such coverage is an
21  alternative to coverage without such limitations.  If this
22  form is signed by a named insured, applicant, or lessee, it
23  shall be conclusively presumed that there was an informed,
24  knowing acceptance of such limitations. When the named
25  insured, applicant, or lessee has initially accepted such
26  limitations, such acceptance shall apply to any policy which
27  renews, extends, changes, supersedes, or replaces an existing
28  policy unless the named insured requests deletion of such
29  limitations and pays the appropriate premium for such
30  coverage.  Any insurer who provides coverage which includes
31  the limitations provided in this subsection shall file revised
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  1  premium rates with the commission department for such
  2  uninsured motorist coverage to take effect prior to initially
  3  providing such coverage.  The revised rates shall reflect the
  4  anticipated reduction in loss costs attributable to such
  5  limitations but shall in any event reflect a reduction in the
  6  uninsured motorist coverage premium of at least 20 percent for
  7  policies with such limitations.  Such filing shall not
  8  increase the rates for coverage which does not contain the
  9  limitations authorized by this subsection, and such rates
10  shall remain in effect until the insurer demonstrates the need
11  for a change in uninsured motorist rates pursuant to s.
12  627.0651.
13         Section 75.  Subsection (1) of section 627.780, Florida
14  Statutes, is amended to read:
15         627.780  Illegal dealings in risk premium.--
16         (1)  A person may not knowingly quote, charge, accept,
17  collect, or receive a premium for title insurance other than
18  the premium adopted by the commission department.
19         Section 76.  Section 627.782, Florida Statutes, is
20  amended to read:
21         627.782  Adoption of rates.--
22         (1)  Subject to the rating provisions of this code, the
23  commission department must adopt a rule specifying the premium
24  to be charged in this state by title insurers for the
25  respective types of title insurance contracts and, for
26  policies issued through agents or agencies, the percentage of
27  such premium required to be retained by the title insurer
28  which shall not be less than 30 percent. However, in a
29  transaction subject to the Real Estate Settlement Procedures
30  Act of 1974, 12 U.S.C. ss. 2601 et seq., as amended, no
31  portion of the premium attributable to providing a primary
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  1  title service shall be paid to or retained by any person who
  2  does not actually perform or is not liable for the performance
  3  of such service. The commission department may, by rule,
  4  establish limitations on related title services charges made
  5  in addition to the premium based upon the expenses associated
  6  with the services rendered and other relevant factors.
  7         (2)  In adopting premium rates, the commission
  8  department must give due consideration to the following:
  9         (a)  The title insurers' loss experience and
10  prospective loss experience under closing protection letters
11  and policy liabilities.
12         (b)  A reasonable margin for underwriting profit and
13  contingencies, including contingent liability under s.
14  627.7865, sufficient to allow title insurers, agents, and
15  agencies to earn a rate of return on their capital that will
16  attract and retain adequate capital investment in the title
17  insurance business and maintain an efficient title insurance
18  delivery system.
19         (c)  Past expenses and prospective expenses for
20  administration and handling of risks.
21         (d)  Liability for defalcation.
22         (e)  Other relevant factors.
23         (3)  Rates may be grouped by classification or schedule
24  and may differ as to class of risk assumed.
25         (4)  Rates may not be excessive, inadequate, or
26  unfairly discriminatory.
27         (5)  The premium applies to each $100 of insurance
28  issued to an insured.
29         (6)  The premium rates apply throughout this state.
30         (7)  The commission department shall, in accordance
31  with the standards provided in subsection (2), review the
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  1  premium as needed, but not less frequently than once every 3
  2  years, and shall, based upon the review required by this
  3  subsection, revise the premium if the results of the review so
  4  warrant.
  5         (8)  The commission department may, by rule, require
  6  licensees under this part to annually submit statistical
  7  information, including loss and expense data, as the
  8  department determines to be necessary to analyze premium
  9  rates, retention rates, and the condition of the title
10  insurance industry.
11         Section 77.  Section 627.7825, Florida Statutes, is
12  amended to read:
13         627.7825  Alternative rate adoption.--Notwithstanding
14  s. 627.782(1) and (7), the premium rates to be charged by
15  title insurers in this state from July 1, 1999, through June
16  30, 2002, for title insurance contracts shall be as set forth
17  in this section. The rules related to premium rates for title
18  insurance, including endorsements, adopted by the department
19  and in effect on April 1, 1999, that do not conflict with the
20  provisions of this section shall remain in effect until June
21  30, 2002.  The commission department shall not grant a rate
22  deviation pursuant to s. 627.783 for the premium rates
23  established in this section and in department rules in effect
24  on April 1, 1999, which that do not conflict with this
25  section.
26         (1)  ORIGINAL TITLE INSURANCE RATES.--
27         (a)  For owner and leasehold title insurance:
28         1.  The premium for the original owner's or for
29  leasehold insurance shall be:
30
31
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  1                                             Per        Minimum
  2                                             Thousand   Insurer
  3                                                        Retention
  4  From $0 to $100,000 of liability written   $5.75      30%
  5  From $100,000 to $1 million, add           $5.00      30%
  6  Over $1 million and up to $5 million, add  $2.50      35%
  7  Over $5 million and up to $10 million, add $2.25      40%
  8  Over $10 million, add                      $2.00      40%
  9
10  The minimum premium for all conveyances except multiple
11  conveyances shall be $100. The minimum premium for multiple
12  conveyances on the same property shall be $60.
13         2.  In all cases, the owner's policy shall be issued
14  for the full insurable value of the premises.
15         (b)  For mortgage title insurance:
16         1.  The premium for the original mortgage title
17  insurance shall be:
18
19                                             Per        Minimum
20                                             Thousand   Insurer
21                                                        Retention
22  From $0 to $100,000 of liability written   $5.75      30%
23  From $100,000 to $1 million, add           $5.00      30%
24  Over $1 million and up to $5 million, add  $2.50      35%
25  Over $5 million and up to $10 million, add $2.25      40%
26  Over $10 million, add                      $2.00      40%
27
28  The minimum premium for all conveyances except multiple
29  conveyances shall be $100. The minimum premium for multiple
30  conveyances on the same property shall be $60.
31
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  1         2.  A mortgage title insurance policy shall not be
  2  issued for an amount less than the full principal debt. A
  3  policy may, however, be issued for an amount up to 25 percent
  4  in excess of the principal debt to cover interest and
  5  foreclosure costs.
  6         (2)  REISSUE RATES.--
  7         (a)  The reissue premium charge for owner's, mortgage,
  8  and leasehold title insurance policies shall be:
  9
10                                             Per Thousand
11  Up to $100,000 of liability written        $3.30
12  Over $100,000 and up to $1 million, add    $3.00
13  Over $1 million and up to $10 million, add $2.00
14  Over $10 million, add                      $1.50
15
16  The minimum premium shall be $100.
17         (b)  Provided a previous owner's policy was issued
18  insuring the seller or the mortgagor in the current
19  transaction and that both the reissuing agent and the
20  reissuing underwriter retain for their respective files copies
21  of the prior owner's policy or policies, the reissue premium
22  rates in paragraph (a) shall apply to:
23         1.  Policies on real property which is unimproved
24  except for roads, bridges, drainage facilities, and utilities
25  if the current owner's title has been insured prior to the
26  application for a new policy;
27         2.  Policies issued with an effective date of less than
28  3 years after the effective date of the policy insuring the
29  seller or mortgagor in the current transaction; or
30
31
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  1         3.  Mortgage policies issued on refinancing of property
  2  insured by an original owner's policy which insured the title
  3  of the current mortgagor.
  4         (c)  Any amount of new insurance, in the aggregate, in
  5  excess of the amount under the previous policy shall be
  6  computed at the original owner's or leasehold rates, as
  7  provided in subsection (1).
  8         (3)  NEW HOME PURCHASE DISCOUNT.--Provided the seller
  9  has not leased or occupied the premises, the original premium
10  for a policy on the first sale of residential property with a
11  one to four family improvement that is granted a certificate
12  of occupancy shall be discounted by the amount of premium paid
13  for any prior loan policies insuring the lien of a mortgage
14  executed by the seller on the premises. In the case of prior
15  loan policies insuring the lien of a mortgage on multiple
16  units or parcels, the discount shall be prorated by dividing
17  the amount of the premium paid for the prior loan policies by
18  the total number of units or parcels without regard to varying
19  unit or parcel value. The minimum new home purchase premium
20  shall be $200. The new home purchase discount may not be
21  combined with any other reduction from original premium rates
22  provided for in this section. The insurer shall reserve for
23  unearned premiums only on the excess amount of the policy over
24  the amount of the actual or prorated amount of the prior loan
25  policy.
26         (4)  SUBSTITUTION LOANS RATES.--
27         (a)  When the same borrower and the same lender make a
28  substitution loan on the same property, the title to which was
29  insured by an insurer in connection with the previous loan,
30  the following premium rates for substitution loans shall
31  apply:
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  1
  2  Age of Previous Loan    Premium Rates
  3  3 years or under        30 percent of the original rates
  4  From 3 to 4 years       40 percent of the original rates
  5  From 4 to 5 years       50 percent of the original rates
  6  From 5 to 10 years      60 percent of the original rates
  7  Over 10 years           100 percent of original rates
  8
  9  The minimum premium for substitution loan rates shall be $100.
10         (b)  At the time a substitution loan is made, the
11  unpaid principal balance of the previous loan will be
12  considered the amount of insurance in force on which the
13  foregoing premium rates shall be calculated. To these rates
14  shall be added the original rates in the applicable schedules
15  for any new insurance, including any difference between the
16  unpaid principal balance of the previous loan and the amount
17  of the new loan.
18         (c)  In the case of a substitution loan of $250,000 or
19  more, when the same borrower and any lender make a
20  substitution loan on the same property, the title to which was
21  insured by an insurer in connection with the previous loan,
22  the premium for such substitution loans shall be the rates as
23  set forth in paragraphs (a) and (b).
24         Section 78.  Section 627.783, Florida Statutes, is
25  amended to read:
26         627.783  Rate deviation.--
27         (1)  A title insurer may petition the commission
28  department for an order authorizing a specific deviation from
29  the adopted premium, and a title insurer or title insurance
30  agent may petition the commission department for an order
31  authorizing and permitting a specific deviation above the
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  1  reasonable charge for related title services rendered
  2  specified in s. 627.782(1).  The petition shall be in writing
  3  and sworn to and shall set forth allegations of fact upon
  4  which the petitioner will rely, including the petitioner's
  5  reasons for requesting the deviation.  Any authorized title
  6  insurer, agent, or agency may join in the petition for like
  7  authority to deviate or may file a separate petition praying
  8  for like authority or opposing the deviation. The commission
  9  department shall rule on all such petitions simultaneously.
10         (2)  If, in the judgment of the commission department,
11  the requested deviation is not justified, the commission
12  department may enter an order denying the petition.  An order
13  granting a petition constitutes an amendment to the adopted
14  premium as to the petitioners named in the order, and is
15  subject to s. 627.782.
16         Section 79.  Section 627.793, Florida Statutes, is
17  amended to read:
18         627.793  Rulemaking authority.--The department may is
19  authorized to adopt rules implementing the provisions of this
20  part, except for those provisions related to rates. The
21  commission may adopt rules implementing the provisions of this
22  part relating to rates.
23         Section 80.  Subsection (6) of section 627.9407,
24  Florida Statutes, is amended to read:
25         627.9407  Disclosure, advertising, and performance
26  standards for long-term care insurance.--
27         (6)  LOSS RATIO AND RESERVE STANDARDS.--
28         (a)  The department shall adopt rules establishing loss
29  ratio and reserve standards for long-term-care long-term care
30  insurance policies.  The rules must contain a specific
31  reference to long-term-care long-term care insurance policies.
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  1  Such loss ratio and reserve standards shall be established at
  2  levels at which benefits are reasonable in relation to
  3  premiums and that provide for adequate reserving of the
  4  long-term-care long-term care insurance risk.
  5         (b)  The commission shall adopt rules establishing
  6  loss-ratio standards for long-term-care policies. The rules
  7  must contain a specific reference to long-term-care insurance
  8  policies. Such loss-ratio standards shall be established at
  9  levels at which benefits are reasonable in relation to
10  premiums.
11         Section 81.  Section 636.017, Florida Statutes, is
12  amended to read:
13         636.017  Rates and charges.--
14         (1)  The rates charged by any prepaid limited health
15  service organization to its subscribers shall not be
16  excessive, inadequate, or unfairly discriminatory.  The
17  commission department may require whatever information it
18  deems necessary to determine that a rate or proposed rate
19  meets the requirements of this section.
20         (2)  In determining whether a rate is in compliance
21  with subsection (1), the commission department must take into
22  consideration the limited services provided, the method in
23  which the services are provided, and the method of provider
24  payment.  This section may not be construed as authorizing the
25  commission department to establish by rule minimum loss ratios
26  for prepaid limited health service organizations' rates.
27         Section 82.  Present subsections (4) through (21) of
28  section 641.19, Florida Statutes, are redesignated as
29  subsections (5) through (22), respectively, and a new
30  subsection (4) is added to that section to read:
31         641.19  Definitions.--As used in this part, the term:
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  1         (4)  "Commission" means the Insurance Rating
  2  Commission.
  3         Section 83.  Subsections (2), (3), and (38) of section
  4  641.31, Florida Statutes, are amended to read:
  5         641.31  Health maintenance contracts.--
  6         (2)  The rates charged by any health maintenance
  7  organization to its subscribers shall not be excessive,
  8  inadequate, or unfairly discriminatory or follow a rating
  9  methodology that is inconsistent, indeterminate, or ambiguous
10  or encourages misrepresentation or misunderstanding.  The
11  commission department, in accordance with generally accepted
12  actuarial practice as applied to health maintenance
13  organizations, may define by rule what constitutes excessive,
14  inadequate, or unfairly discriminatory rates and may require
15  whatever information it deems necessary to determine that a
16  rate or proposed rate meets the requirements of this
17  subsection.
18         (3)(a)  If a health maintenance organization desires to
19  amend any contract with its subscribers or any certificate or
20  member handbook, or desires to change any basic health
21  maintenance contract, certificate, grievance procedure, or
22  member handbook form, or application form where written
23  application is required and is to be made a part of the
24  contract, or printed amendment, addendum, rider, or
25  endorsement form or form of renewal certificate, it may do so,
26  upon filing with the department the proposed change or
27  amendment.  Any proposed change shall be effective
28  immediately, subject to disapproval by the department.
29  Following receipt of notice of such disapproval or withdrawal
30  of approval, no health maintenance organization shall issue or
31
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  1  use any form disapproved by the department or as to which the
  2  department has withdrawn approval.
  3         (b)  Any change in the rate is subject to paragraph (d)
  4  and requires at least 30 days' advance written notice to the
  5  subscriber. In the case of a group member, there may be a
  6  contractual agreement with the health maintenance organization
  7  to have the employer provide the required notice to the
  8  individual members of the group.
  9         (c)  The department shall disapprove any form filed
10  under this subsection, or withdraw any previous approval
11  thereof, if the form:
12         1.  Is in any respect in violation of, or does not
13  comply with, any provision of this part or rule adopted
14  thereunder.
15         2.  Contains or incorporates by reference, where such
16  incorporation is otherwise permissible, any inconsistent,
17  ambiguous, or misleading clauses or exceptions and conditions
18  which deceptively affect the risk purported to be assumed in
19  the general coverage of the contract.
20         3.  Has any title, heading, or other indication of its
21  provisions which is misleading.
22         4.  Is printed or otherwise reproduced in such a manner
23  as to render any material provision of the form substantially
24  illegible.
25         5.  Contains provisions which are unfair, inequitable,
26  or contrary to the public policy of this state or which
27  encourage misrepresentation.
28         6.  Excludes coverage for human immunodeficiency virus
29  infection or acquired immune deficiency syndrome or contains
30  limitations in the benefits payable, or in the terms or
31  conditions of such contract, for human immunodeficiency virus
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  1  infection or acquired immune deficiency syndrome which are
  2  different than those which apply to any other sickness or
  3  medical condition.
  4         (d)  Any change in rates charged for the contract must
  5  be filed with the commission department not less than 30 days
  6  in advance of the effective date. At the expiration of such 30
  7  days, the rate filing shall be deemed approved unless prior to
  8  such time the filing has been affirmatively approved or
  9  disapproved by order of the commission department. The
10  approval of the filing by the commission department
11  constitutes a waiver of any unexpired portion of such waiting
12  period. The commission department may extend by not more than
13  an additional 15 days the period within which it may so
14  affirmatively approve or disapprove any such filing, by giving
15  notice of such extension before expiration of the initial
16  30-day period. At the expiration of any such period as so
17  extended, and in the absence of such prior affirmative
18  approval or disapproval, any such filing shall be deemed
19  approved.
20         (e)  It is not the intent of this subsection to
21  restrict unduly the right to modify rates in the exercise of
22  reasonable business judgment.
23         (38)(a)  Notwithstanding any other provision of this
24  part, a health maintenance organization that meets the
25  requirements of paragraph (b) may, through a point-of-service
26  rider to its contract providing comprehensive health care
27  services, include a point-of-service benefit. Under such a
28  rider, a subscriber or other covered person of the health
29  maintenance organization may choose, at the time of covered
30  service, a provider with whom the health maintenance
31  organization does not have a health maintenance organization
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  1  provider contract. The rider may not require a referral from
  2  the health maintenance organization for the point-of-service
  3  benefits.
  4         (b)  A health maintenance organization offering a
  5  point-of-service rider under this subsection must have a valid
  6  certificate of authority issued under the provisions of the
  7  chapter, must have been licensed under this chapter for a
  8  minimum of 3 years, and must at all times that it has riders
  9  in effect maintain a minimum surplus of $5 million.
10         (c)  Premiums paid in for the point-of-service riders
11  may not exceed 15 percent of total premiums for all health
12  plan products sold by the health maintenance organization
13  offering the rider. If the premiums paid for point-of-service
14  riders exceed 15 percent, the health maintenance organization
15  must notify the department and the commission and, once this
16  fact is known, must immediately cease offering such a rider
17  until it is in compliance with the rider premium cap.
18         (d)  Notwithstanding the limitations of deductibles and
19  copayment provisions in this part, a point-of-service rider
20  may require the subscriber to pay a reasonable copayment for
21  each visit for services provided by a noncontracted provider
22  chosen at the time of the service. The copayment by the
23  subscriber may either be a specific dollar amount or a
24  percentage of the reimbursable provider charges covered by the
25  contract and must be paid by the subscriber to the
26  noncontracted provider upon receipt of covered services. The
27  point-of-service rider may require that a reasonable annual
28  deductible for the expenses associated with the
29  point-of-service rider be met and may include a lifetime
30  maximum benefit amount. The rider must include the language
31  required by s. 627.6044 and must comply with copayment limits
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  1  described in s. 627.6471. Section 641.315(2) and (3) does not
  2  apply to a point-of-service rider authorized under this
  3  subsection.
  4         (e)  The term "point of service" may not be used by a
  5  health maintenance organization except with riders permitted
  6  under this section or with forms approved by the department in
  7  which a point-of-service product is offered with an indemnity
  8  carrier.
  9         (f)  A point-of-service rider must be filed and
10  approved under ss. 627.410 and 627.411.
11         Section 84.  Paragraph (b) of subsection (10) of
12  section 641.3903, Florida Statutes, is amended to read:
13         641.3903  Unfair methods of competition and unfair or
14  deceptive acts or practices defined.--The following are
15  defined as unfair methods of competition and unfair or
16  deceptive acts or practices:
17         (10)  ILLEGAL DEALINGS IN PREMIUMS; EXCESS OR REDUCED
18  CHARGES FOR HEALTH MAINTENANCE COVERAGE.--
19         (b)  Knowingly collecting as a premium or charge for
20  health maintenance coverage any sum in excess of or less than
21  the premium or charge applicable to health maintenance
22  coverage, in accordance with the applicable classifications
23  and rates as filed with the commission department, and as
24  specified in the health maintenance contract.
25         Section 85.  Subsection (3) of section 641.3922,
26  Florida Statutes, is amended to read:
27         641.3922  Conversion contracts; conditions.--Issuance
28  of a converted contract shall be subject to the following
29  conditions:
30         (3)  CONVERSION PREMIUM.--The premium for the converted
31  contract shall be determined in accordance with premium rates
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  1  applicable to the age and class of risk of each person to be
  2  covered under the converted contract and to the type and
  3  amount of coverage provided. However, the premium for the
  4  converted contract may not exceed 200 percent of the standard
  5  risk rate, as established by the commission department under
  6  s. 627.6675(3). The mode of payment for the converted contract
  7  shall be quarterly or more frequently at the option of the
  8  organization, unless otherwise mutually agreed upon between
  9  the subscriber and the organization.
10         Section 86.  Present subsections (2) through (11) of
11  section 641.402, Florida Statutes, are redesignated as
12  subsections (3) through (12), respectively, and a new
13  subsection (2) is added to that section to read:
14         641.402  Definitions.--As used in this part, the term:
15         (2)  "Commission" means the Insurance Rating
16  Commission.
17         Section 87.  Subsection (2) and (7) of section 641.42,
18  Florida Statutes, are amended to read:
19         641.42  Prepaid health clinic contracts.--
20         (2)  The rates charged by any clinic to its subscribers
21  shall not be excessive, inadequate, or unfairly
22  discriminatory. The commission department, in accordance with
23  generally accepted actuarial practice, may define by rule what
24  constitutes excessive, inadequate, or unfairly discriminatory
25  rates and may require whatever information the commission
26  department deems necessary to determine that a rate or
27  proposed rate meets the requirements of this subsection.
28         (7)(a)  If a clinic desires to amend any contract with
29  any of its subscribers or desires to change any rate charged
30  for the contract, the clinic may do so, upon filing with the
31
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  1  department the proposed amendment to the contract or upon
  2  filing with the commission the proposed change in rates.
  3         (b)  No prepaid health clinic contract form or
  4  application form when written application is required and is
  5  to be made a part of the policy or contract, or no printed
  6  amendment, addendum, rider, or endorsement form or form of
  7  renewal certificate, shall be delivered or issued for delivery
  8  in this state, unless the form has been filed with the
  9  department at its offices in Tallahassee by or in behalf of
10  the clinic which proposes to use such form and has been
11  approved by the department. Every such filing shall be made
12  not less than 30 days in advance of any such use or delivery.
13  At the expiration of such 30 days, the form so filed shall be
14  deemed approved unless prior to the end of the 30 days the
15  form has been affirmatively approved or disapproved by the
16  department.  The approval of any such form by the department
17  constitutes a waiver of any unexpired portion of such waiting
18  period.  The department may extend by not more than an
19  additional 15 days the period within which the department may
20  so affirmatively approve or disapprove any such form, by
21  giving notice of such extension before the expiration of the
22  initial 30-day period.  At the expiration of any such period
23  as so extended, and in the absence of such prior affirmative
24  approval or disapproval, such form shall be deemed approved.
25  The department may, for cause, withdraw a previous approval.
26  No clinic shall issue or use any form which has been
27  disapproved by the department or any form for which the
28  department has withdrawn approval.
29         (c)  The department shall disapprove any form filed
30  under this subsection, or withdraw any previous approval of
31  the form, only if the form:
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  1         1.  Is in any respect in violation of, or does not
  2  comply with, any provision of this part or rule adopted under
  3  this part.
  4         2.  Contains or incorporates by reference, where such
  5  incorporation is otherwise permissible, any inconsistent,
  6  ambiguous, or misleading clauses, or exceptions and conditions
  7  which deceptively affect the risk purported to be assumed in
  8  the general coverage of the contract.
  9         3.  Has a misleading title, misleading heading, or
10  other indication of the provisions of the form which is
11  misleading.
12         4.  Is printed or otherwise reproduced in such manner
13  as to render any material provision of the form substantially
14  illegible.
15         (8)  No rate or rate change shall be used unless the
16  rate has been filed with and approved by the commission
17  pursuant to the same procedures as provided in subsection (7).
18  The commission shall disapprove any such rate, or withdraw any
19  previous approval, only if the rate
20         5.  provides benefits that which are unreasonable in
21  relation to the rate charged or contains provisions that which
22  are unfair, inequitable, or contrary to the public policy of
23  this state or encourage misrepresentation.
24         (d)  In determining whether the benefits are reasonable
25  in relation to the rate charged, the commission department, in
26  accordance with reasonable actuarial techniques, shall
27  consider:
28         (a)1.  Past loss experience and prospective loss
29  experience.
30         (b)2.  Allocation of expenses.
31
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  1         (c)3.  Risk and contingency margins, along with
  2  justification of such margins.
  3         (d)4.  Acquisition costs.
  4         (e)5.  Other factors deemed appropriate by the
  5  commission department, based on sound actuarial techniques.
  6         Section 88.  Section 642.027, Florida Statutes, is
  7  amended to read:
  8         642.027  Premium rates.--No policy of legal expense
  9  insurance may be issued in this state unless the premium rates
10  for the insurance have been filed with and approved by the
11  commission department.  Premium rates shall be established and
12  justified in accordance with generally accepted insurance
13  principles, including, but not limited to, the experience or
14  judgment of the insurer making the rate filing or actuarial
15  computations.  The commission department may disapprove rates
16  that are excessive, inadequate, or unfairly discriminatory.
17  Rates are not unfairly discriminatory because they are
18  averaged broadly among persons insured under group, blanket,
19  or franchise policies.  The commission department may require
20  the submission of any other information reasonably necessary
21  in determining whether to approve or disapprove a filing made
22  under this section or s. 642.025.
23         Section 89.  Subsection (2) of section 648.33, Florida
24  Statutes, is amended to read:
25         648.33  Bail bond rates.--
26         (2)  It is unlawful for a bail bond agent to execute a
27  bail bond without charging a premium therefor, and the premium
28  rate may not exceed or be less than the premium rate as filed
29  with and approved by the commission department.
30         Section 90.  Effective upon this act becoming law, the
31  Governor may make appointments to the Insurance Rating
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  1  Commission pursuant to section 624.371, Florida Statutes, as
  2  created by this act, for terms of office beginning on January
  3  1, 2001.
  4         Section 91.  Effective January 1, 2001, all activities
  5  and functions of the Department of Insurance related to
  6  reviewing, approving, or establishing rates for insurers and
  7  other entities regulated by the department are transferred to
  8  the Insurance Rating Commission pursuant to a type two
  9  transfer as defined in section 20.06, Florida Statutes.
10  Effective upon this act becoming law, the Department of
11  Insurance and the Executive Office of the Governor shall
12  jointly prepare a budget amendment pursuant to chapter 216,
13  Florida Statutes, to implement the plan, in consultation with
14  the legislative committees having jurisdiction over the
15  Department of Insurance.
16         Section 92.  By January 31, 2001, the Division of
17  Statutory Revision of the Office of Legislative Services shall
18  prepare and submit to the President of the Senate and the
19  Speaker of the House of Representatives draft substantive
20  legislation to conform the Florida Statutes to the provisions
21  of this act. The legislation shall not be drafted as a
22  reviser's bill. The draft shall include provisions:
23         (1)  Changing the term "Comptroller" or "Treasurer" to
24  "Chief Financial Officer" with respect to functions of the
25  Chief Financial Officer where appropriate;
26         (2)  Changing references to the "Department of Banking
27  and Finance" or the "Department of Insurance" to the
28  "Department of Financial Services" where appropriate; and
29         (3)  Otherwise conforming the statutes to the abolition
30  of the offices of Comptroller and Treasurer, the creation of
31  the Office of the Chief Financial Officer, the abolition of
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  1  the Department of Banking and Finance and the Department of
  2  Insurance, and the creation of the Department of Financial
  3  Services.
  4         Section 93.  (1)  The Financial Services Transition
  5  Task Force is established. All members of the task force shall
  6  be appointed prior to September 1, 2000. The task force shall
  7  be composed of:
  8         (a)  One consumer a representative appointed by the
  9  Governor;
10         (b)  Two members appointed by the President of the
11  Senate;
12         (c)  Two members appointed by the Speaker of the House
13  of Representatives;
14         (d)  Two members appointed by the Comptroller; and
15         (e)  Two members appointed by the Insurance
16  Commissioner and Treasurer.
17         (2)  The organizational meeting of the task force must
18  be held by October 1, 2000. The members of the task force
19  shall elect a chair by majority vote. Members of the task
20  force shall serve without compensation, but shall be
21  reimbursed for per diem and travel expenses as provided in
22  section 112.061, Florida Statutes.
23         (3)  The purpose of the task force is to review the
24  Florida Statutes and rules and:
25         (a)  Recommend amendments to statutes and rules made
26  necessary by the changes made by this act;
27         (b)  Identify any organizational problems involving,
28  without limitation, communication among divisions, technical
29  assistance, and other services, and recommend solutions to the
30  identified problems;
31
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  1         (c)  Identify any issues related to technology,
  2  including the coordination or incompatibility of technology
  3  systems, and suggest solutions to the identified problems;
  4         (d)  Recommend methods to improve departmental
  5  accountability, including, but not limited to, modification of
  6  performance measures.
  7         (4)  The task force may procure information and
  8  assistance from any officer or agency of the state or any
  9  subdivision thereof. All such officials and agencies shall
10  give the task force all relevant information and assistance
11  with respect to any matter within their knowledge or control.
12         (5)  The task force shall submit an initial report to
13  the Governor, the President of the Senate, and the Speaker of
14  the House of Representatives by January 1, 2001.
15         (6)  The task force shall submit a final report to the
16  Governor, the President of the Senate, and the Speaker of the
17  House of Representatives by January 1, 2002.
18         (7)  The task force terminates upon submission of its
19  final report.
20         Section 94.  Effective July 1, 2000, section 442.0011,
21  Florida Statutes, is created to read:
22         442.0011  Exclusion from chapter.--This chapter is not
23  applicable to any firefighter employee, and firefighter
24  employer, or any place of firefighter employment covered by
25  ss. 633-801 through 633.830.
26         Section 95.  Effective July 1, 2000, section 633.801,
27  Florida Statutes, is created to read:
28         633.801  Short title.--Sections 633.801 through 633.830
29  may be cited as the "Florida Firefighters Occupational Safety
30  and Health Act."
31
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  1         Section 96.  Effective July 1, 2000, section 633.802,
  2  Florida Statutes, is created to read:
  3         633.802  Definitions.--Unless the context clearly
  4  requires otherwise, the following definitions apply to ss.
  5  633.801 through 633.830:
  6         (1)  "Department" means the Department of Insurance.
  7         (2)  "Division" means the Division of State Fire
  8  Marshal of the Department of Insurance.
  9         (3)  "Firefighter employee" means any person engaged in
10  any employment, public or private, as a firefighter under any
11  appointment or contract of hire or apprenticeship, express or
12  implied, oral or written, whether lawfully or unlawfully
13  employed, and includes all volunteer firefighters responding
14  to or assisting with fire or medical emergencies whether or
15  not the firefighter is on duty.
16         (4)  "Firefighter employer" means the state and all
17  political subdivisions thereof, all public and quasi-public
18  corporations therein, and every person carrying on any
19  employment thereof, which employs firefighters or which uses
20  volunteer firefighters.
21         (5)  "Firefighter employment" or "employment" means any
22  service performed by a firefighter employee for the
23  firefighter employer, and includes the use of all volunteer
24  firefighters.
25         (6)  "Firefighter place of employment" or "place of
26  employment" means the physical location at which the
27  firefighter is employed.
28         Section 97.  Effective July 1, 2000, section 633.803,
29  Florida Statutes, is created to read:
30         633.803  Legislative intent.--It is the intent of the
31  Legislature to enhance firefighter occupational safety and
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  1  health in this state through the implementation and
  2  maintenance of policies, procedures, practices, rules, and
  3  standards that reduce the incidence of firefighter employee
  4  accidents, firefighter occupational diseases, and firefighter
  5  fatalities compensable under chapter 440 or otherwise. The
  6  Legislature further intends that the division develop a means
  7  by which it can identify individual firefighter employers with
  8  a high frequency or severity of work-related injuries; conduct
  9  safety inspections of those firefighter employers; and assist
10  those firefighter employers in the development and
11  implemention of firefighter employee safety and health
12  programs. In addition, it is the intent of the Legislature
13  that the division administer the provisions of ss. 633.801
14  through 633.830; provide assistance to firefighter employers,
15  firefighter employees, and insurers; and enforce the policies,
16  rules, and standards set forth in ss. 633.801 through 633.830.
17         Section 98.  Effective July 1, 2000, section 633.804,
18  Florida Statutes, is created to read:
19         633.804  Safety inspections, consultations; rules.--The
20  division shall adopt rules governing the manner, means, and
21  frequency of firefighter employer and firefighter employee
22  safety inspections and consultations by all insurers and
23  self-insurers.
24         Section 99.  Effective July 1, 2000, section 633.805,
25  Florida Statutes, is created to read:
26         633.805  Division to make study of firefighter
27  occupational diseases, etc.--The division shall make a
28  continuous study of firefighter occupational diseases and the
29  ways and means for their control and prevention and shall make
30  and enforce necessary regulations for such control. For this
31  purpose, the division is authorized to cooperate with
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  1  firefighter employers, firefighter employees, and insurers and
  2  with the Department of Health.
  3         Section 100.  Effective July 1, 2000, section 633.806,
  4  Florida Statutes, is created to read:
  5         633.806  Investigations by the division; refusal to
  6  admit; penalty.--
  7         (1)  The division shall make studies and investigations
  8  with respect to safety provisions and the causes of
  9  firefighter injuries in firefighter places of employment, and
10  shall make to the Legislature and firefighter employers and
11  insurers such recommendations as it considers proper as to the
12  best means of preventing firefighter injuries. In making such
13  studies and investigations, the division may:
14         (a)  Cooperate with any agency of the United States
15  charged with the duty of enforcing any law securing safety
16  against injury in any place of firefighter employment covered
17  by ss. 633.801 through 633.830, or any agency or department of
18  the state engaged in enforcing any law to assure safety for
19  firefighter employees.
20         (b)  Allow any such agency or department to have access
21  to the records of the division.
22         (2)  The division and its authorized representatives
23  may enter and inspect any place of firefighter employment at
24  any reasonable time for the purpose of investigating
25  compliance with ss. 633.801 through 633.830 and making
26  inspections for the proper enforcement of ss. 633.801 through
27  633.830. Any firefighter employer who refuses to admit any
28  member of the division or its authorized representative to any
29  place of firefighter employment or to allow investigation and
30  inspection pursuant to this subsection is guilty of a
31
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  1  misdemeanor of the second degree, punishable as provided in s.
  2  775.082 or s. 775.083.
  3         (3)  The division by rule may adopt procedures for
  4  conducting investigations of firefighter employers under ss.
  5  633.801 through 633.830.
  6         Section 101.  Effective July 1, 2000, section 633.807,
  7  Florida Statutes, is created to read:
  8         633.807  Safety; firefighter employer
  9  responsibilities.--Every firefighter employer shall furnish to
10  firefighters employment that is safe for the firefighter
11  employees, furnish and use safety devices and safeguards,
12  adopt and use methods and processes reasonably adequate to
13  render such an employment and place of employment safe, and do
14  every other thing reasonably necessary to protect the lives,
15  health, and safety of such firefighter employees. As used in
16  this section, the terms "safe" and "safety" as applied to any
17  employment or place of firefighter employment mean such
18  freedom from danger as is reasonably necessary for the
19  protection of the lives, health, and safety of firefighter
20  employees, including conditions and methods of sanitation and
21  hygiene. Safety devices and safeguards required to be
22  furnished by the firefighter employer by this section or by
23  the division under authority of this section shall not include
24  personal apparel and protective devices that replace personal
25  apparel normally worn by firefighter employees during regular
26  working hours.
27         Section 102.  Effective July 1, 2000, section 633.808,
28  Florida Statutes, is created to read:
29         633.808  Division authority.--The division shall:
30         (1)  Investigate and prescribe by rule what safety
31  devices, safeguards, or other means of protection must be
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  1  adopted for the prevention of accidents in every firefighter
  2  place of employment or at any fire scene; determine what
  3  suitable devices, safeguards, or other means of protection for
  4  the prevention of occupational diseases must be adopted or
  5  followed in any or all such firefighter places of employment
  6  or at any fire scene; and adopt reasonable rules for the
  7  prevention of accidents, the safety, protection, and security
  8  of firefighters engaged in interior firefighting, and the
  9  prevention of occupational diseases.
10         (2)  Ascertain, fix, and order such reasonable
11  standards and rules for the construction, repair, and
12  maintenance of firefighter places of employment as shall
13  render them safe. Such rules and standards must be adopted in
14  accordance with chapter 120.
15         (3)  Assist firefighter employers in the development
16  and implementation of firefighter employee safety training
17  programs by contracting with professional safety
18  organizations.
19         (4)  Adopt rules prescribing recordkeeping
20  responsibilities for firefighter employers, which may include
21  rules for maintaining a log and summary of occupational
22  injuries, diseases, and illnesses and for producing on request
23  a notice of injury and firefighter employee accident
24  investigation records, and rules prescribing a retention
25  schedule for such records.
26         Section 103.  Effective July 1, 2000, section 633.809,
27  Florida Statutes, is created to read:
28         633.809  Right of entry.--The division and its
29  authorized representatives may enter at any reasonable time
30  any firefighter place of employment for the purpose of
31  examining any tool, appliance, or machinery used in such
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  1  employment and may make inspections for the proper enforcement
  2  of ss. 633.801 through 633.830. A firefighter employer or
  3  owner may not refuse to admit any member of the division or
  4  its authorized representatives to any firefighter place of
  5  employment.
  6         Section 104.  Effective July 1, 2000, section 633.810,
  7  Florida Statutes, is created to read:
  8         633.810  Firefighter employers whose firefighter
  9  employees have a high frequency of work-related injuries.--The
10  division shall develop a means by which it can identify
11  individual firefighter employers whose firefighter employees
12  have a high frequency or severity of work-related injuries.
13  The division shall carry out safety inspections of the
14  facilities and operations of these firefighter employers in
15  order to assist them in reducing the frequency and severity of
16  work-related injuries. The division shall develop safety and
17  health programs for those firefighter employers. Insurers
18  shall distribute these safety and health programs to the
19  firefighter employers so identified by the division. Those
20  firefighter employers identified by the division as having a
21  high frequency or severity of work-related injuries shall
22  implement a division-developed safety and health program. The
23  division shall carry out safety inspections of those
24  firefighter employers so identified to ensure compliance with
25  the safety and health program and to assist such firefighter
26  employers in reducing the number of work-related injuries. The
27  division may not assess penalties as the result of such
28  inspections, except as provided by s. 633.813. Copies of any
29  report made as the result of such an inspection must be
30  provided to the firefighter employer and its insurer.
31  Firefighter employers may submit their own safety and health
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  1  programs to the division for approval in lieu of using the
  2  division-developed safety and health program. The division
  3  must promptly review the program submitted and approve or
  4  disapprove it. Upon approval by the division, the program must
  5  be implemented by the firefighter employer. If the program is
  6  not approved or if a program is not submitted, the firefighter
  7  employer must implement the division-developed program. The
  8  division shall adopt rules setting forth the criteria for
  9  safety and health programs.
10         Section 105.  Effective July 1, 2000, section 633.811,
11  Florida Statutes, is created to read:
12         633.811  Insurer consultations.--Each insurer writing
13  workers' compensation insurance in this state, each
14  firefighter employer qualifying as an individual self-insurer
15  under s. 440.38, each self-insurance fund under s. 624.461,
16  and each assessable mutual insurer under s. 628.6011 must
17  provide safety consultations to each of its policyholders who
18  requests such consultations. Each such insurer or self-insurer
19  must inform its policyholders of the availability of such
20  consultations. The division is responsible for approving all
21  safety and health programs. The division shall aid all
22  insurers and self insurers in establishing their safety and
23  health programs by setting out criteria in an appropriate
24  format.
25         Section 106.  Effective July 1, 2000, section 633.812,
26  Florida Statutes, is created to read:
27         633.812  Workplace safety committees and safety
28  coordinators.--
29         (1)  In order to promote health and safety in places of
30  firefighter employment in this state:
31
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  1         (a)  Each firefighter employer of 20 or more
  2  firefighter employees shall establish and administer a
  3  workplace safety committee in accordance with rules adopted
  4  under this section.
  5         (b)  Each firefighter employer of fewer than 20
  6  firefighter employees which is identified by the division as
  7  having high frequency or severity of work-related injuries
  8  shall establish and administer a workplace safety committee or
  9  designate a workplace safety coordinator who shall establish
10  and administer workplace safety activities in accordance with
11  rules adopted under this section.
12         (2)  The division shall adopt rules:
13         (a)  Prescribing the membership of the workplace safety
14  committees so as to ensure an equal number of firefighter
15  employee representatives, who are volunteers or are elected by
16  their peers, and of firefighter employer representatives, and
17  specifying the frequency of meetings.
18         (b)  Requiring firefighter employers to make adequate
19  records of each meeting and to file and to maintain the
20  records subject to inspection by the division.
21         (c)  Prescribing the duties and functions of the
22  workplace safety committee and workplace safety coordinator,
23  which include, but are not limited to:
24         1.  Establishing procedures for workplace safety
25  inspections by the committee.
26         2.  Establishing procedures investigating all workplace
27  accidents, safety-related incidents, illnesses, and deaths.
28         3.  Evaluating accident-prevention and
29  illness-prevention programs.
30         4.  Prescribing guidelines for the training of safety
31  committee members.
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  1         (3)  The composition, selection, and function of safety
  2  committees shall be a mandatory topic of negotiations with any
  3  certified collective bargaining agent for firefighter
  4  employers that operate under a collective bargaining
  5  agreement. Firefighter employers that operate under a
  6  collective bargaining agreement that contains provisions
  7  regulating the formation and operation of workplace safety
  8  committees that meet or exceed the minimum requirements
  9  contained in this section, or firefighter employers who
10  otherwise have existing workplace safety committees that meet
11  or exceed the minimum requirements established by this section
12  are in compliance with this section.
13         (4)  Firefighter employees must be compensated their
14  regular hourly wage while engaged in workplace safety
15  committee or workplace safety coordinator training, meetings,
16  or other duties prescribed under this section.
17         Section 107.  Effective July 1, 2000, section 633.813,
18  Florida Statutes, is created to read:
19         633.813  Firefighter employer penalties.--If any
20  firefighter employer violates or fails or refuses to comply
21  with ss. 633.801 through 633.830, or with any rule adopted by
22  the division, in accordance with chapter 120, for the
23  prevention of injuries, accidents, or occupational diseases or
24  with any lawful order of the division in connection with ss.
25  633.801 through 633.830, or fails or refuses to furnish or
26  adopt any safety device, safeguard, or other means of
27  protection prescribed by the division under ss. 633.801
28  through 633.830 for the prevention of accidents or
29  occupational diseases, the division may assess against the
30  firefighter employer a civil penalty of not less than $100 nor
31  more than $5,000 for each day the violation, omission,
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  1  failure, or refusal continues after the firefighter employer
  2  has been given notice thereof in writing. The total penalty
  3  for each violation may not exceed $50,000. The division shall
  4  adopt rules requiring penalties commensurate with the
  5  frequency or severity, or both, of safety violations. A
  6  hearing must be held in the county where the violation,
  7  omission, failure, or refusal is alleged to have occurred,
  8  unless otherwise agreed to by the firefighter employer and
  9  authorized by the division. All penalties assessed and
10  collected under this section shall be deposited in the
11  Insurance Commissioner's Regulatory Trust Fund.
12         Section 108.  Effective July 1, 2000, section 633.814,
13  Florida Statutes, is created to read:
14         633.814  Division cooperation with Federal Government;
15  exemption from division requirements.--
16         (1)  The division shall cooperate with the Federal
17  Government so that duplicate inspections will be avoided yet
18  assure safe places of firefighter employment for the citizens
19  of this state.
20         (2)  Except as provided in this section, a private
21  firefighter employer is not subject to the requirements of the
22  division if:
23         (a)  The private firefighter employer is subject to the
24  federal regulations in 29 C.F.R. ss. 1910 and 1926;
25         (b)  The private firefighter employer has adopted and
26  implemented a written safety program that conforms to the
27  requirements of 29 C.F.R. ss. 1910 and 1926;
28         (c)  A private firefighter employer with 20 or more
29  full-time firefighter employees shall include provisions for a
30  safety committee in the safety program. The safety committee
31  must include firefighter employee representation and must meet
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  1  at least once each calendar quarter. The private firefighter
  2  employer must make adequate records of each meeting and
  3  maintain the records subject to inspections under subsection
  4  (3). The safety committee shall, if appropriate, make
  5  recommendations regarding improvements to the safety program
  6  and corrections of hazards affecting workplace safety; and
  7         (d)  The private firefighter employer provides the
  8  division with a written statement that certifies compliance
  9  with this subsection.
10         (3)  The division may enter at any reasonable time any
11  place of firefighter employment for the purposes of verifying
12  the accuracy of the written certification. If the division
13  determines that the firefighter employer has not complied with
14  the requirements of subsection (2), the firefighter employer
15  shall be subject to the rules of the division until the
16  firefighter employer complies with subsection (2) and
17  recertifies that fact to the division.
18         (4)  This section shall not restrict the division from
19  performing any duties pursuant to a written contract between
20  the division and the Federal Occupational Safety and Health
21  Administration (OSHA).
22         Section 109.  Effective July 1, 2000, section 633.815,
23  Florida Statutes, is created to read:
24         633.815  Failure to implement a safety and health
25  program; cancellations.--If a firefighter employer that is
26  found by the division to have a high frequency or severity of
27  work-related injuries fails to implement a safety and health
28  program, the insurer or self-insurer's fund that is providing
29  coverage fo r the firefighter employer may cancel the contract
30  for insurance with the firefighter employer. In the
31  alternative, the insurer or fund may terminate any discount or
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  1  deviation granted to the firefighter employer for the
  2  remainder of the term of the policy. If the contract is
  3  canceled or the discount or deviation is terminated, the
  4  insurer must make such reports as are required by law.
  5         Section 110.  Effective July 1, 2000, section 633.816,
  6  Florida Statutes, is created to read:
  7         633.816  Expenses of administration.--The amounts that
  8  are needed to administer ss. 633.801 through 633.830 shall be
  9  disbursed from the Insurance Commissioner's Regulatory Trust
10  Fund.
11         Section 111.  Effective July 1, 2000, section 633.817,
12  Florida Statutes, is created to read:
13         633.817  Refusal to admit; penalty.--The division and
14  its authorized representatives may enter and inspect any place
15  of firefighter employment at any reasonable time for the
16  purpose of investigating compliance with ss. 633.801 through
17  633.830 and conducting inspections for the proper enforcement
18  of ss. 633.801 through 633.830. A firefighter employer who
19  refuses to admit any member of the division or its authorized
20  representative to any place of employment or to allow
21  investigation and inspection pursuant to this section commits
22  a misdemeanor of the second degree, punishable as provided in
23  s. 775.082 or s. 775.083.
24         Section 112.  Effective July 1, 2000, section 633.818,
25  Florida Statutes, is created to read:
26         633.818  Firefighter employee rights and
27  responsibilities.--
28         (1)  Each firefighter employee of a firefighter
29  employer covered under ss. 633.801 through 633.830 shall
30  comply with rules adopted by the division and with reasonable
31  workplace safety and health standards, rules, policies,
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  1  procedures, and work practices established by the firefighter
  2  employer and the workplace safety committee. A firefighter
  3  employee who knowingly fails to comply with this subsection
  4  maybe disciplined or discharged by the firefighter employer.
  5         (2)  A firefighter employer may not discharge, threaten
  6  to discharge, cause to be discharged, intimidate, coerce,
  7  otherwise discipline, or in any manner discriminate against a
  8  firefighter employee for any of the following reasons:
  9         (a)  The firefighter employee has testified or is about
10  to testify, on her or his own behalf, or on behalf of others,
11  in any proceeding instituted under ss. 633.801 through
12  633.830;
13         (b)  The firefighter employee has exercised any other
14  right afforded under ss. 633.801 through 633.830; or
15         (c)  The firefighter employee is engaged in activities
16  relating to the workplace safety committee.
17         (3)  Neither pay, position, seniority, nor other
18  benefit may be lost for exercising any right under, or for
19  seeking compliance with, any requirement of ss. 633.801
20  through 633.830.
21         Section 113.  Effective July 1, 2000, section 633.819,
22  Florida Statutes, is created to read:
23         633.819  Compliance.--Failure of a firefighter employer
24  or an insurer to comply with ss. 633.801 through 633.830, or
25  with any rules adopted under s.. 633.801 through 633.830,
26  constitutes grounds for the division to seek remedies,
27  including injunctive relief, for compliance by making
28  appropriate filings with the Circuit Court of Leon County.
29         Section 114.  Effective July 1, 2000, section 633.820,
30  Florida Statutes, is created to read:
31
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  1         633.820  False statements to insurers.--A firefighter
  2  employer who knowingly and willfully falsifies or conceals a
  3  material fact, makes a false, fictitious, or fraudulent
  4  statement or representation; or makes or uses any false
  5  document knowing the document to contain any false fictitious,
  6  or fraudulent entry or statement to an insurer of workers'
  7  compensation insurance under ss. 633.801 through 633.830 is
  8  guilty of a misdemeanor of the second degree, punishable as
  9  provided in s. 775.082 or s. 775.083.
10         Section 115.  Effective July 1, 2000, section 633.821,
11  Florida Statutes, is created to read:
12         633.821  Insurer penalties.--If any insurer violates,
13  or fails or refuses to comply with, ss. 633.801 through
14  633.830 or with any rule adopted or order issued under ss.
15  633.801 through 633.830, the division, after notice and
16  hearing in accordance with chapter 120, may assess against the
17  insurer a civil penalty of not less than $100 nor more than
18  $5,000 each day the violation, failure, or refusal continues
19  after the insurer has been given written notice thereof. The
20  total penalty for each violation, failure, or refusal may not
21  exceed $50,000. The division shall adopt rules providing for
22  penalties for noncompliance with ss. 633.801 through 633.830
23  by insurers. All penalties assessed and collected under this
24  section shall be deposited in the Insurance Commissioner's
25  Regulatory Trust Fund.
26         Section 116.  Effective July 1, 2000, section 633.823,
27  Florida Statutes, is created to read:
28         633.823  Matters within jurisdiction of the division;
29  false, fictitious, or fraudulent acts, statements, and
30  representations prohibited; penalty; statute of
31  limitations.--A person may not, in any matter within the
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  1  jurisdiction of the division, knowingly and willfully falsify
  2  or conceal a material fact; make any false, fictitious, or
  3  fraudulent statement or representation; or make or use any
  4  false document, knowing the same to contain any false,
  5  fictitious, or fraudulent statement or entry. A person who
  6  violates this section commits a misdemeanor of the second
  7  degree, punishable as provided in s. 775.082 or s. 775.083.
  8  The statute of limitations for prosecution of an act committed
  9  in violation of this section is 5 years after the date the act
10  was committed or, if not discovered within 30 days after the
11  act was committed, 5 years after the date the act was
12  discovered.
13         Section 117.  Effective July 1, 2000, section 633.825,
14  Florida Statutes, is created to read:
15         633.825  Workplace safety.--
16         (1)  The division shall assist in making the workplace
17  a safer place to work and decreasing the frequency and
18  severity of on-the-job injuries.
19         (2) The division shall have the authority to adopt
20  rules for the purpose of assuring safe working conditions for
21  all firefighter employees by authorizing the enforcement of
22  effective standards, assisting and encouraging firefighter
23  employers to maintain safe working conditions, and by
24  providing for education and training in the field of safety.
25  For firefighter employers, the division may by rule adopt
26  subparts C through T and subpart Z of 29 C.F.R. part 1910;
27  subparts C through Z of 29 C.F.R. part 1926; subparts A
28  through D, subpart I, and subpart M of 29 C.F.R. part 1928;
29  subparts A through G of 29 C.F.R. part 1917; subparts A
30  through L and subpart Z of 29 C.F.R. part 1915; subparts A
31  through J of 29 C.F.R. part 1918, latest revision, provided
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  1  that 29 C.F.R. s. 1910.156 applies to volunteer firefighters
  2  and fire departments operated by the state or political
  3  subdivisions; the National Fire Protection Association, Inc.,
  4  Standard 1500, paragraph 5-7 (Personal Alert Safety System)
  5  (1992 edition); and ANSI A 10.4-1990.
  6         (3)  The provisions of chapter 440 which pertain to
  7  workplace safety shall be applicable to the division.
  8         (4)  The division shall have authority to adopt any
  9  rule necessary to implement, interpret, and make specific any
10  matter pertaining to any subject or reference contained in
11  this section, including all of the provisions referred to in
12  subsection (2), as they relate to firefighter employees,
13  firefighter employers, and firefighter places of employment.
14         Section 118.  Except as otherwise provided in this act,
15  this act shall take effect January 1, 2001.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1682
  3
  4  Creates the Department of Financial Services and designates
    the Chief Financial Officer as the department head January 7,
  5  2003.
  6  Transfers the Department of Banking and Finance and the
    Department of Insurance to the new Department of Financial
  7  Services.
  8  Establishes four offices in the department, each headed by a
    commissioner.
  9
    Provides final order authority to the Commissioner of
10  Financial Institutions and the Commissioner of Securities and
    Finance.
11
    Transfers the Division of Accountancy and its related board to
12  the department and places the Division in the Office of the
    Commissioner of Securities and Finance.
13
    Creates an Insurance Rating Commission effective January 1,
14  2001, and transfers all ratemaking authority currently housed
    in the Department of Insurance to the commission.
15
    Establishes the manner in which commissioners are appointed
16  and confirmed, as well as provides for qualifications.
17  Provides that the Public Counsel is to represent the public
    before the commission.
18
    Creates the Florida Firefighters Occupational Safety and
19  Health Act, and delegates authority to implement the act to
    the Division of State Fire Marshal effective July 1, 2000.
20
    Creates the Financial Services Transition Task Force.
21
22
23
24
25
26
27
28
29
30
31
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