HOUSE AMENDMENT
                                                  Bill No. HB 1607   Barcode 823559
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Insurance offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Subsection (6) is added to section
18  624.3161, Florida Statutes, to read:
19         624.3161  Market conduct examinations.--
20         (6)  The department shall adopt rules as necessary to
21  effectuate the market conduct examination process, to assure
22  compliance by the person examined with the applicable
23  provisions of the Insurance Code. Such rules shall not exceed
24  the authority of the statutes involved in the market conduct
25  examination.
26         Section 2.  Subsection (8) is added to section 626.171,
27  Florida Statutes, to read:
28         626.171  Application for license.--
29         (8)  The department shall adopt rules to effectuate the
30  license application process, including photo identification,
31  background checks and credit reports, prelicensing courses,
                                  1
    File original & 9 copies    04/05/01                          
    hin0002                     02:02 pm         01607-in  -823559

HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 the impact of criminal and law enforcement history, and other 2 relevant information in an effort to determine an applicant's 3 fitness and trustworthiness to engage in the business of 4 insurance. 5 Section 3. Paragraph (o) of subsection (1) of section 6 626.9541, Florida Statutes, is amended to read: 7 626.9541 Unfair methods of competition and unfair or 8 deceptive acts or practices defined.-- 9 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR 10 DECEPTIVE ACTS.--The following are defined as unfair methods 11 of competition and unfair or deceptive acts or practices: 12 (o) Illegal dealings in premiums; excess or reduced 13 charges for insurance.-- 14 1. Knowingly collecting any sum as a premium or charge 15 for insurance, which is not then provided, or is not in due 16 course to be provided, subject to acceptance of the risk by 17 the insurer, by an insurance policy issued by an insurer as 18 permitted by this code. 19 2. Knowingly collecting as a premium or charge for 20 insurance any sum in excess of or less than the premium or 21 charge applicable to such insurance, in accordance with the 22 applicable classifications and rates as filed with and 23 approved by the department, and as specified in the policy; 24 or, in cases when classifications, premiums, or rates are not 25 required by this code to be so filed and approved, premiums 26 and charges in excess of or less than those specified in the 27 policy and as fixed by the insurer. This provision shall not 28 be deemed to prohibit the charging and collection, by surplus 29 lines agents licensed under part VIII of this chapter, of the 30 amount of applicable state and federal taxes, or fees as 31 authorized by s. 626.916(4), in addition to the premium 2 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 required by the insurer or the charging and collection, by 2 licensed agents, of the exact amount of any discount or other 3 such fee charged by a credit card facility in connection with 4 the use of a credit card, as authorized by subparagraph (q)3., 5 in addition to the premium required by the insurer. This 6 subparagraph shall not be construed to prohibit collection of 7 a premium for a universal life or a variable or indeterminate 8 value insurance policy made in accordance with the terms of 9 the contract. 10 3.a. Imposing or requesting an additional premium for 11 a policy of motor vehicle liability, personal injury 12 protection, medical payment, or collision insurance or any 13 combination thereof or refusing to renew the policy solely 14 because the insured was involved in a motor vehicle accident 15 unless the insurer's file contains information from which the 16 insurer in good faith determines that the insured was 17 substantially at fault in the accident. 18 b. An insurer which imposes and collects such a 19 surcharge or which refuses to renew such policy shall, in 20 conjunction with the notice of premium due or notice of 21 nonrenewal, notify the named insured that he or she is 22 entitled to reimbursement of such amount or renewal of the 23 policy under the conditions listed below and will subsequently 24 reimburse him or her or renew the policy, if the named insured 25 demonstrates that the operator involved in the accident was: 26 (I) Lawfully parked; 27 (II) Reimbursed by, or on behalf of, a person 28 responsible for the accident or has a judgment against such 29 person; 30 (III) Struck in the rear by another vehicle headed in 31 the same direction and was not convicted of a moving traffic 3 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 violation in connection with the accident; 2 (IV) Hit by a "hit-and-run" driver, if the accident 3 was reported to the proper authorities within 24 hours after 4 discovering the accident; 5 (V) Not convicted of a moving traffic violation in 6 connection with the accident, but the operator of the other 7 automobile involved in such accident was convicted of a moving 8 traffic violation; 9 (VI) Finally adjudicated not to be liable by a court 10 of competent jurisdiction; 11 (VII) In receipt of a traffic citation which was 12 dismissed or nolle prossed; or 13 (VIII) Not at fault as evidenced by a written 14 statement from the insured establishing facts demonstrating 15 lack of fault which are not rebutted by information in the 16 insurer's file from which the insurer in good faith determines 17 that the insured was substantially at fault. 18 c. In addition to the other provisions of this 19 subparagraph, an insurer may not fail to renew a policy if the 20 insured has had only one accident in which he or she was at 21 fault within the current 3-year period. However, an insurer 22 may nonrenew a policy for reasons other than accidents in 23 accordance with s. 627.728. This subparagraph does not 24 prohibit nonrenewal of a policy under which the insured has 25 had three or more accidents, regardless of fault, during the 26 most recent 3-year period. 27 4. Imposing or requesting an additional premium for, 28 or refusing to renew, a policy for motor vehicle insurance 29 solely because the insured committed a noncriminal traffic 30 infraction as described in s. 318.14 unless the infraction is: 31 a. A second infraction committed within an 18-month 4 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 period, or a third or subsequent infraction committed within a 2 36-month period. 3 b. A violation of s. 316.183, when such violation is a 4 result of exceeding the lawful speed limit by more than 15 5 miles per hour. 6 5. Upon the request of the insured, the insurer and 7 licensed agent shall supply to the insured the complete proof 8 of fault or other criteria which justifies the additional 9 charge or cancellation. 10 6. No insurer shall impose or request an additional 11 premium for motor vehicle insurance, cancel or refuse to issue 12 a policy, or refuse to renew a policy because the insured or 13 the applicant is a handicapped or physically disabled person, 14 so long as such handicap or physical disability does not 15 substantially impair such person's mechanically assisted 16 driving ability. 17 7. No insurer may cancel or otherwise terminate any 18 insurance contract or coverage, or require execution of a 19 consent to rate endorsement, during the stated policy term for 20 the purpose of offering to issue, or issuing, a similar or 21 identical contract or coverage to the same insured with the 22 same exposure at a higher premium rate or continuing an 23 existing contract or coverage with the same exposure at an 24 increased premium. 25 8. No insurer may issue a nonrenewal notice on any 26 insurance contract or coverage, or require execution of a 27 consent to rate endorsement, for the purpose of offering to 28 issue, or issuing, a similar or identical contract or coverage 29 to the same insured at a higher premium rate or continuing an 30 existing contract or coverage at an increased premium without 31 meeting any applicable notice requirements. 5 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 9. No insurer shall, with respect to premiums charged 2 for motor vehicle insurance, unfairly discriminate solely on 3 the basis of age, sex, marital status, location of the risk, 4 accidents more than 3 years old, or scholastic achievement. 5 10. Imposing or requesting an additional premium for 6 motor vehicle comprehensive or uninsured motorist coverage 7 solely because the insured was involved in a motor vehicle 8 accident or was convicted of a moving traffic violation. 9 11. No insurer shall cancel or issue a nonrenewal 10 notice on any insurance policy or contract without complying 11 with any applicable cancellation or nonrenewal provision 12 required under the Florida Insurance Code. 13 12. No insurer shall impose or request an additional 14 premium, cancel a policy, or issue a nonrenewal notice on any 15 insurance policy or contract because of any traffic infraction 16 when adjudication has been withheld and no points have been 17 assessed pursuant to s. 318.14(9) and (10). However, this 18 subparagraph does not apply to traffic infractions involving 19 accidents in which the insurer has incurred a loss due to the 20 fault of the insured. 21 Section 4. Paragraph (a) of subsection (2) of section 22 627.062, Florida Statutes, is amended to read: 23 627.062 Rate standards.-- 24 (2) As to all such classes of insurance: 25 (a) Insurers or rating organizations shall establish 26 and use rates, rating schedules, or rating manuals to allow 27 the insurer a reasonable rate of return on such classes of 28 insurance written in this state. Copies A copy of rates, 29 rating schedules, rating manuals, premium credits or discount 30 schedules, and surcharge schedules, and changes thereto, shall 31 be filed with the department under one of the following 6 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 procedures: 2 1. If the filing is made at least 90 days before the 3 proposed effective date and the filing is not implemented 4 during the department's review of the filing and any 5 proceeding and judicial review, then such filing shall be 6 considered a "file and use" filing. In such case, the 7 department shall finalize its review by issuance of a notice 8 of intent to approve or a notice of intent to disapprove 9 within 90 days after receipt of the filing. The notice of 10 intent to approve and the notice of intent to disapprove 11 constitute agency action for purposes of the Administrative 12 Procedure Act. Requests for supporting information, requests 13 for mathematical or mechanical corrections, or notification to 14 the insurer by the department of its preliminary findings 15 shall not toll the 90-day period during any such proceedings 16 and subsequent judicial review. The rate shall be deemed 17 approved if the department does not issue a notice of intent 18 to approve or a notice of intent to disapprove within 90 days 19 after receipt of the filing. 20 2. If the filing is not made in accordance with the 21 provisions of subparagraph 1., such filing shall be made as 22 soon as practicable, but no later than 30 days after the 23 effective date, and shall be considered a "use and file" 24 filing. An insurer making a "use and file" filing is 25 potentially subject to an order by the department to return to 26 policyholders portions of rates found to be excessive, as 27 provided in paragraph (h). 28 Section 5. Subsection (4) is added to Section 29 627.0625, Florida Statutes, to read: 30 627.0625 Commercial property and casualty risk 31 management plans.-- 7 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 (4) Commercial motor vehicle policies that are issued 2 to satisfy mandatory financial responsibility requirements of 3 a state or local government must provide first dollar coverage 4 to third-party claimants without a deductible. With respect to 5 such policies, the department may adopt rules necessary to 6 assure that claims are administered fairly as required by law. 7 Section 6. Subsection (8) of section 627.0651, Florida 8 Statutes, is amended to read: 9 627.0651 Making and use of rates for motor vehicle 10 insurance.-- 11 (8) Rates are not unfairly discriminatory if averaged 12 broadly among members of a group; nor are rates unfairly 13 discriminatory even though they are lower than rates for 14 nonmembers of the group. However, such rates are unfairly 15 discriminatory if they are not actuarially measurable and 16 credible and sufficiently related to actual or expected loss 17 and expense experience of the group so as to assure that 18 nonmembers of the group are not unfairly discriminated 19 against. Use of a single United States Postal Service zip code 20 as a rating territory shall be deemed unfairly discriminatory. 21 An insurer may not impose a surcharge or discount for 22 liability coverages based on the type of vehicle without 23 providing acceptable actuarial justification. 24 Section 7. Section 627.385, Florida Statutes, is 25 created to read: 26 627.385 Conduct of residual market board members.-- 27 (1)(a) For various insurance coverages, a residual 28 market has been created by legislation to provide a market of 29 last resort for individuals unable to secure coverage in the 30 voluntary market. 31 (b) Each residual market's enabling legislation calls 8 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 for the establishment of a board of governors or directors 2 that operates subject to a plan of operation. The board, in 3 carrying out its obligations, must engage in business 4 transactions in order to provide and administer the required 5 coverage and maintain adequate funds to support the plan. In 6 order for the board to fully execute its responsibilities 7 required by law, conflict of interest or inappropriate 8 activity by board members, or the appearance thereof, with 9 regard to member insurers or policyholders of the residual 10 market mechanism must be avoided. The Legislature has 11 determined that the provisions set forth in subsection (2) are 12 necessary to protect the public interest by ensuring fair, 13 reasonable, and beneficial board practice and activity. 14 (c) This section applies to the Florida Medical 15 Malpractice Joint Underwriting Association, the Florida 16 Automobile Joint Underwriting Association, the Florida 17 Workers' Compensation Joint Underwriting Association, the 18 Florida Comprehensive Health Association, the Florida 19 Windstorm Underwriting Association, the Florida Property and 20 Casualty Joint Underwriting Association, the Florida 21 Residential Property and Casualty Joint Underwriting 22 Association, and the board members thereof. 23 (2) To ensure that the board is free from potential 24 conflict or inappropriate behavior the following are adopted 25 in the plan of operation of the subject residual market in 26 this state. 27 (a) A board member may not act as a servicing carrier 28 or administering entity for the subject plan, other than a 29 claim adjustment contract open to all members of the plan. 30 (b) A board member or board member representative may 31 not use his or her position to foster or facilitate any 9 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 special pecuniary gain for himself or herself, his or her 2 member company, or any other entity in which the board member 3 or board member representative or the member company has a 4 substantial financial interest, except as otherwise provided 5 in paragraph (a). 6 (c) A board member or board member representative may 7 not use his or her position on the board to secure or promote 8 any business relationship from which he or she may derive a 9 financial gain. 10 (d) A board member or designee may not receive any 11 gift or gratuity, except as provided in s. 112.3248, other 12 than meals, while acting in his or her capacity as a board 13 member. 14 (3) Board members and board member representatives 15 shall maintain reasonable board expenses based on state travel 16 policy as set forth in s. 112.061. The board shall develop a 17 detailed policy regarding board member travel, which policy 18 must be based on s. 112.061 and is subject to the approval of 19 the department. 20 Section 8. Section 627.4065, Florida Statutes, is 21 created to read: 22 627.4065 Insured's right to return policy; notice.--A 23 health insurance policy issued or issued for delivery in this 24 state must have printed or stamped thereon or attached thereto 25 a notice in a prominent place stating in substance that the 26 policyholder may return the policy to the insurer within 10 27 days after its delivery and may have the premium paid refunded 28 if, after examination of the policy or contract, the 29 policyholder is not satisfied with it for any reason. The 30 notice must provide that if the policyholder, pursuant to such 31 notice, returns the policy or contract to the insurer at its 10 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 home office or branch office or to the agent through whom it 2 was purchased, it is considered void from the beginning and 3 the parties are in the same position as if no policy or 4 contract had been issued. This section does not apply to group 5 policies, single premium nonrenewable policies, or travel 6 accident policies. 7 Section 9. Section 627.41345 Certificate of 8 insurance.--An insurer or agent may not issue or sign a 9 certificate of insurance that contains terms or conditions 10 that differ from those in the policy under which the 11 certificate of insurance is issued. In the event of a 12 conflict, the terms of the policy under which the certificate 13 of insurance is issued shall control. 14 Section 10. Subsection (9) is added to section 15 627.7015, Florida Statutes, to read: 16 627.7015 Alternative procedure for resolution of 17 disputed property insurance claims.-- 18 (9) For purposes of this section, the term "claim" 19 refers to any dispute between an insurer and an insured 20 relating to a material issue of fact other than a dispute: 21 (a) With respect to which the insurer has a reasonable 22 basis to suspect fraud; 23 (b) Where, based on agreed-upon facts as to the cause 24 of loss, there is no coverage under the policy; 25 (c) With respect to which the insurer has a reasonable 26 basis to believe that the claimant has intentionally made a 27 material misrepresentation of fact which is relevant to the 28 claim, and the entire request for payment of a loss has been 29 denied on the basis of the material misrepresentation; or 30 (d) Where the amount in controversy is less than $500, 31 unless the parties agree to mediate a dispute involving a 11 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 lesser amount. 2 Section 11. Section 627.7276, Florida Statutes, is 3 amended to read: 4 627.7276 Notice of limited coverage.-- 5 (1) The following notice of limited coverage shall An 6 automobile policy that does not contain coverage for bodily 7 injury and property damage must be clearly stamped or printed 8 on any motor vehicle insurance policy that provides coverage 9 only for first-party damage to the insured vehicle, but does 10 not provide coverage for bodily injury liability, property 11 damage liability, or personal injury protection to the effect 12 that such coverage is not included in the policy in the 13 following manner: 14 15 "THIS POLICY DOES NOT PROVIDE BODILY INJURY 16 LIABILITY, AND PROPERTY DAMAGE LIABILITY, OR 17 PERSONAL INJURY PROTECTION INSURANCE OR ANY 18 OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM 19 CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH 20 ANY FINANCIAL RESPONSIBILITY LAW OR WITH THE 21 FLORIDA MOTOR VEHICLE NO-FAULT LAW." 22 23 (2) This legend must appear on the policy declaration 24 page and on the filing back of the policy and be printed in a 25 contrasting color from that used on the policy and in type 26 larger than the largest type used in the text thereof, as an 27 overprint or by a rubber stamp impression. 28 Section 12. Section 627.795, Florida Statutes, is 29 created to read: 30 627.795 Policy exceptions.-- 31 (1) A title insurance commitment must be issued on all 12 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 real estate closing transactions when a title insurance policy 2 is to be issued, except for multiple conveyances on the same 3 property such as timesharing. 4 (2) A gap exception may not be deleted on a commitment 5 until the time of closing. 6 Section 13. Section 626.9552, Florida Statutes, is 7 created to read: 8 626.9552 Single interest insurance.-- 9 (1) When single interest insurance is written at the 10 expense of the purchaser or borrower in connection with a 11 finance or loan transaction, a clear and concise statement 12 must be furnished the purchaser or borrower advising the 13 purchaser or borrower that the insurance effected is solely 14 for the interest of the financing entity, and that no 15 protection thereunder exists for the benefit of the purchaser 16 or borrower. When single interest insurance is written, no 17 effort may be made by the insurer to recover the amount of any 18 payment from the borrower. Single interest insurance policies 19 must be clearly stamped or printed on the declarations page, 20 "Single Interest Only----No Subrogation." Single interest 21 insurance is to be placed only after it has been determined 22 that no other kind of insurance can be placed on the risk, 23 except with the consent of the purchaser or borrower. Single 24 interest may be written in cases of inland marine installment 25 sales floater policies. If insurance cannot be obtained for 26 the dual protection of the purchaser or borrower, and the 27 seller or lender or financing entity for all the coverages 28 contemplated, or if obtained, is canceled by the insurer 29 before expiration, the seller or lender or financing entity 30 may obtain insurance to protect his or her interest in the 31 motor vehicle or other personal property, and the purchaser or 13 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 borrower may be required to pay the cost thereof. In such 2 event the seller or lender or financing entity shall promptly 3 notify the purchaser or borrower that such insurance cannot be 4 obtained, or has been canceled, and credit to the purchaser or 5 borrower the difference between the amount charged for dual 6 protection insurance and the actual cost of such single 7 interest insurance, less, in the event of cancellation, the 8 earned premium on the dual interest insurance for the period 9 it was in force. If the purchaser or borrower procures 10 acceptable dual interest insurance within 30 days after the 11 date of such notice and provides the seller or lender, or 12 finance entity with evidence that the premium therefore has 13 been paid, there is no charge to him or her for the single 14 interest coverage. As used in this section, the term 15 "financing entity" means a finance company, bank, or other 16 lending institution. However, those lenders licensed under the 17 Consumer Finance Act, chapter 516, must provide coverage 18 issued in the name of the borrower containing the customary 19 mortgagee or loss payee clause. 20 (2) If a certificate is issued under a master policy, 21 the same coverage as provided in an individual policy will 22 apply. 23 (3) The provisions of this section do not apply to 24 title insurance as defined in s. 624.608. 25 Section 14. Subsection (1) of section 627.918, Florida 26 Statutes, is amended to read: 27 627.918 Reporting formats.-- 28 (1) The department shall require that the reporting 29 provided for in this part be made on forms adopted established 30 by the department or in a format compatible with the 31 department's its electronic data processing equipment. The 14 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 department shall adopt by rule standards for such approval. 2 Section 15. Subsection (12) of section 641.31, Florida 3 Statutes, is amended to read: 4 641.31 Health maintenance contracts.-- 5 (12) Each health maintenance contract, certificate, or 6 member handbook shall state that emergency services and care 7 shall be provided to subscribers in emergency situations not 8 permitting treatment through the health maintenance 9 organization's providers, without prior notification to and 10 approval of the organization. Reimbursement for covered 11 services and supplies under this section shall be governed by 12 the provisions of s. 641.513(5), up to the subscriber contract 13 benefit limits. Not less than 75 percent of the reasonable 14 charges for covered services and supplies shall be paid by the 15 organization, up to the subscriber contract benefit limits. 16 Payment also may be subject to additional applicable copayment 17 provisions, not to exceed $100 per claim. The health 18 maintenance contract, certificate, or member handbook shall 19 contain the definitions of "emergency services and care" and 20 "emergency medical condition" as specified in s. 641.19(7) and 21 (8), shall describe procedures for determination by the health 22 maintenance organization of whether the services qualify for 23 reimbursement as emergency services and care, and shall 24 contain specific examples of what does constitute an 25 emergency. In providing for emergency services and care as a 26 covered service, a health maintenance organization shall be 27 governed by s. 641.513. 28 Section 16. Subsection (3) of section 641.3108, 29 Florida Statutes, is amended to read: 30 641.3108 Notice of cancellation of contract.-- 31 (3) In the case of a health maintenance contract 15 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 issued to an employer or person holding the contract on behalf 2 of the subscriber group, the health maintenance organization 3 may make the notification through the employer or group 4 contract holder, and, if the health maintenance organization 5 elects to take this action through the employer or group 6 contract holder, the organization shall be deemed to have 7 complied with the provisions of this section upon notifying 8 the employer or group contract holder of the requirements of 9 this section and requesting the employer or group contract 10 holder to forward to all subscribers the notice required 11 herein. If a subscriber group contract is not renewed due to 12 claim experience, the subscriber group is entitled to receive 13 information concerning its loss ratio. If requested by a 14 subscriber group, a detailed claim experience record may be 15 provided at a reasonable expense. The record shall maintain 16 subscriber confidentiality. 17 Section 17. This act shall take effect upon becoming a 18 law. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 1, 24 remove the entire title 25 26 and insert in lieu thereof: 27 A bill to be entitled 28 An act relating to the Department of Insurance; 29 amending ss. 624.3161, 626.171, F.S.; directing 30 the department to adopt rules relating to 31 market conduct examinations and license 16 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 applications; amending s. 626.9541, F.S.; 2 revising provisions relating to unfair 3 competition and deceptive practices; amending 4 s. 627.062, F.S.; providing for filing forms 5 for rate standards; amending s. 627.0625, F.S.; 6 authorizing the department to adopt rules 7 relating to third-party claimants; amending s. 8 627.0651, F.S.; prohibiting motor vehicle 9 insurers from imposing a surcharge or a 10 discount due to certain factors; creating s. 11 627.385, F.S.; providing rules of conduct for 12 residual market board members; creating s. 13 627.4065, F.S.; providing for notice of right 14 to return health insurance policies; creating 15 s. 627.41345, F.S.; prohibiting an insurer or 16 agent from issuing or signing certain 17 certificates of insurance; providing that the 18 terms of the policy control in case of 19 conflict; amending s. 627.7015, F.S.; defining 20 "claim" for purposes of alternative procedures 21 for resolution of disputed property insurance 22 claims; amending s. 627.7276, F.S.; providing 23 for notice of coverage of automobile policies; 24 creating s. 627.795, F.S.; providing guidelines 25 for title insurance policies; creating 26 626.9552, F.S.; providing standards for single 27 interest insurance; amending s. 627.918, F.S.; 28 directing the department to adopt rules 29 relating to reporting formats; amending s. 30 641.31, F.S.; specifying reimbursement for 31 emergency services under health maintenance 17 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559
HOUSE AMENDMENT Bill No. HB 1607 Barcode 823559 Amendment No. 1 (for drafter's use only) 1 organization contracts; amending s. 641.3108, 2 F.S.; requiring health maintenance 3 organizations to provide certain information to 4 subscriber groups whose contract is not renewed 5 for certain reasons; providing an effective 6 date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 18 File original & 9 copies 04/05/01 hin0002 02:02 pm 01607-in -823559