Senate Bill sb0204c1

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    Florida Senate - 2003                            CS for SB 204

    By the Committee on Banking and Insurance; and Senator Miller





    311-1930-03

  1                      A bill to be entitled

  2         An act relating to the use of credit reports

  3         and credit scores by insurers; creating s.

  4         626.9741, F.S.; specifying that the act's

  5         purpose is to regulate and limit the use of

  6         credit reports and credit scores by insurers

  7         for underwriting and rating purposes;

  8         specifying the types of insurance to which the

  9         act applies; defining terms; requiring that an

10         insurer identify the items in a credit report

11         which resulted in an adverse decision;

12         prohibiting an insurer from making an adverse

13         decision based solely on a credit report or

14         score or certain other factors; requiring an

15         insurer to provide a means for appeal to an

16         applicant or insured under certain

17         circumstances; prohibiting the use of a credit

18         report or score unless the Office of Insurance

19         Regulation determines, based on a filing by the

20         insurer, that such use is valid and reasonable;

21         authorizing the Office of Insurance Regulation

22         to disapprove such filings; requiring an

23         insurer to adhere to certain laws and rules;

24         providing a public-records exemption for credit

25         report methods that are trade secrets;

26         requiring an insurer to provide for an

27         adjustment in the premium of an insured to

28         reflect an improvement in credit history;

29         authorizing the Financial Services Commission

30         to adopt rules; providing for application;

31         providing an effective date.

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 626.9741, Florida Statutes, is

 4  created to read:

 5         626.9741  Use of credit reports and credit scores by

 6  insurers.--

 7         (1)  The purpose of this section is to regulate and

 8  limit the use of credit reports and credit scores by insurers

 9  for underwriting and rating purposes. This section applies

10  only to personal lines motor vehicle insurance and personal

11  lines residential insurance, which includes homeowners, mobile

12  homeowners dwelling, tenants, condominium unit owners,

13  cooperative unit owners, and similar types of insurance.

14         (2)  As used in this section, the term:

15         (a)  "Adverse decision" means a decision to refuse to

16  issue or renew a policy of insurance; to issue a policy with

17  exclusions or restrictions; to increase the rates or premium

18  charged for a policy of insurance; to place an insured or

19  applicant in a rating tier that does not have the lowest

20  available rates for which that insured or applicant is

21  otherwise eligible; or to place an applicant or insured with a

22  company operating under common management, control, or

23  ownership which does not offer the lowest rates available,

24  within the affiliate group of insurance companies, for which

25  that insured or applicant is otherwise eligible.

26         (b)  "Credit report" means any written, oral, or other

27  communication of any information by a consumer reporting

28  agency, as defined in the federal Fair Credit Reporting Act,

29  15 U.S.C. s. 1681, et seq., bearing on a consumer's credit

30  worthiness, credit standing, or credit capacity, which is used

31  or expected to be used or collected as a factor to establish a

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1  person's eligibility for credit or insurance, or any other

 2  purpose authorized pursuant to the applicable provision of

 3  such federal act. A credit score alone, as calculated by a

 4  credit reporting agency or by or for the insurer, may not be

 5  considered a credit report.

 6         (c)  "Credit score" means a score, grade, or value that

 7  is derived by using any or all data from a credit report in

 8  any type of model, method, or program, whether electronically,

 9  in an algorithm, computer software or program, or any other

10  process, for the purpose of grading or ranking credit report

11  data.

12         (d)  "Tier" means a category within a single insurer

13  into which insureds with substantially similar risk, exposure,

14  or expense factors are placed for purposes of determining rate

15  or premium.

16         (3)  An insurer must inform an applicant or insured, in

17  the same medium as the application is taken, that a credit

18  report or score is being requested for underwriting or rating

19  purposes. An insurer that makes an adverse decision based, in

20  whole or in part, upon a credit report must provide at no

21  charge, a copy of the credit report to the applicant or

22  insured or provide the applicant or insured with the name,

23  address, and telephone number of the consumer reporting agency

24  from which the insured or applicant may obtain the credit

25  report. The insurer must provide notification to the consumer

26  explaining the reasons for the adverse decision. The reasons

27  must be provided in sufficiently clear and specific language

28  so that a person can identify the basis for the insurer's

29  adverse decision. Such notification shall include a

30  description of the four primary reasons, or such fewer number

31  as existed, which were the primary influences of the adverse

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1  decision. The use of generalized terms such as "poor credit

 2  history," "poor credit rating," or "poor insurance score" does

 3  not meet the explanation requirements of this paragraph. A

 4  credit score may not be used in underwriting or rating

 5  insurance unless the scoring process produces information in

 6  sufficient detail to permit compliance with the requirements

 7  of this subsection.

 8         (4)(a)  An insurer may not request a credit report or

 9  score based upon the race, color, religion, marital status,

10  age, gender, income, national origin, or place of residence of

11  the applicant or insured.

12         (b)  An insurer may not make an adverse decision solely

13  because of information contained in a credit report or score

14  without consideration of any other underwriting factor.

15         (c)  An insurer may not make an adverse decision or use

16  a credit score that could lead to such a decision if based, in

17  whole or in part, on:

18         1.  The absence of, or an insufficient, credit history;

19         2.  The number of credit reports or credit inquiries

20  requested or made regarding the applicant or insured;

21         3.  Collection accounts with a medical industry code,

22  if so identified on the consumer's credit report;

23         4.  Place of residence; or

24         5.  Any other circumstance that the Financial Services

25  Commission determines, by rule, lacks sufficient logical

26  validity as a predictor of insurance risk.

27         (d)  An insurer must, upon the request of an applicant

28  or insured, provide a means of appeal for an applicant or

29  insured whose credit report or credit score is unduly

30  influenced by the death of a spouse or temporary loss of

31  employment. The insurer must complete its review within 10

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1  days after the request by the applicant or insured and, if the

 2  insurer determines that the credit report or credit score was

 3  unduly influenced by either of such factors, the insurer must

 4  reconsider the credit report or credit score without

 5  consideration of those portions of the credit report or credit

 6  score that were affected.

 7         (5)  A rate filing that uses credit reports or credit

 8  scores must comply with the requirements of s. 627.062 or s.

 9  627.0651 to ensure that rates are not excessive, inadequate,

10  or unfairly discriminatory.

11         (6)  Credit scoring methods that are trade secrets, as

12  defined in s. 688.002, and that are filed with the office

13  pursuant to a rate filing, or upon request by the office

14  pursuant to an investigation, are exempt from the public

15  records requirements of chapter 119 and s. 24(a), Art. I of

16  the State Constitution.

17         (7)  An insurer that requests or uses credit reports

18  and credit scoring in its underwriting and rating methods

19  shall maintain and adhere to established written procedures

20  that reflect the restrictions set forth in the federal Fair

21  Credit Reporting Act, this section, and all rules related

22  thereto.

23         (8)(a)  An insurer shall establish procedures that

24  provide that at least every 3 years, or upon the request of

25  the insured, the insurer shall review the credit history of an

26  insured who was adversely impacted by the use of the insured's

27  credit history at the initial rating of the policy, or at a

28  subsequent renewal thereof, and shall adjust the premium of

29  the insured to reflect any improvement in the credit history.

30  The procedures must provide that with respect to existing

31  policyholders, the review of a credit report will not be used

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1  by the insurer to cancel, refuse to renew, or require a change

 2  in the method of payment or payment plan.

 3         (b)  However, as an alternative to the requirements of

 4  paragraph (a), an insurer that used a credit report or credit

 5  score for an insured upon inception of a policy may reevaluate

 6  the insured within the first 3 years after inception, based on

 7  other allowable underwriting or rating factors, excluding

 8  credit information if the insurer does not increase the rates

 9  or premium charged to the insured based on the exclusion of

10  credit reports or credit scores.

11         (9)  The commission may adopt rules to administer this

12  section. The rules may include, but need not be limited to:

13         (a)  Information that must be included in filings to

14  demonstrate compliance with subsection (3).

15         (b)  Statistical detail that insurers using credit

16  reports or scores under subsection (5) must retain and report

17  annually to the Office of Insurance Regulation.

18         (c)  Standards that ensure that rates or premiums

19  associated with the use of a credit report or score are not

20  unfairly discriminatory, based upon race, color, religion,

21  marital status, age, gender, income, national origin, or place

22  of residence.

23         (d)  Standards for review of models, methods, programs,

24  or any other process by which to grade or rank credit report

25  data and which may produce credit scores in order to ensure

26  that the insurer demonstrates that such grading, ranking, or

27  scoring is valid in predicting insurance risk of an applicant

28  or insured.

29         Section 2.  This act shall take effect January 1, 2004,

30  and shall apply to policies issued or renewed on or after that

31  date.

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    Florida Senate - 2003                            CS for SB 204
    311-1930-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 204

 3                                 

 4  1.   Expands the scope of the bill to include the regulation
         and limitation of the use of credit reports and credit
 5       scores for underwriting and rating personal automobile
         insurance and personal lines residential insurance.
 6  
    2.   Expands the definition of the term, "adverse decision."
 7  
    3.   Adds age, income, and place of residence to the reasons
 8       for which an insurer may not request a credit report or
         credit score.
 9  
    4.   Specifies that an insurer must notify an applicant or
10       insured, in the same medium as the application is being
         taken, that a credit report or credit score is being
11       requested.

12  5.   Clarifies and revises notification procedures relating to
         an adverse decision by an insurer.
13  
    6.   Requires an insurer, upon request, to provide an appeals
14       process for an applicant or insured whose credit report
         or credit score is unduly influenced by the death of a
15       spouse or temporary loss of employment.

16  7.   Provides that if a credit scoring method is a trade
         secret, as defined in s. 688.002, F.S., and filed with
17       the office, it is exempt from the public records
         requirement of chapter 119 and s. 24(a), Art. I of the
18       State Constitution.

19  8.   Revises statutory standards to be used by the Office of
         Insurance Regulation relating to filing and approval of
20       the use of credit reports or credit scores.

21  9.   Requires an insurer to periodically evaluate the credit
         history of an insured that was adversely impacted by the
22       use of credit history.

23  10.  Requires insurers to adhere to established written
         procedures that reflect the restrictions set forth in the
24       federal Fair Credit Reporting Act and related rules.

25  11.  Authorizes the Financial Services Commission to adopt
         rules.
26  
    12.  Eliminates the requirement that an insurer may not cancel
27       or renew a policy until 30 days after the resolution of
         disputed information contained in a credit report.
28  
    13.  Eliminates the requirement in the bill that the Office of
29       Insurance Regulation conduct a study of the use of credit
         information as an underwriting and rating factor.
30  

31  

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