Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1980
Barcode 642576
CHAMBER ACTION
Senate House
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05/05/2006 10:57 AM .
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11 Senators Geller, Klein, Campbell, and Smith moved the
12 following amendment to amendment (021596):
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14 Senate Amendment (with directory and title amendments)
15 On page 30, between lines 22 and 23,
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17 insert:
18 (6)(a) After any action with respect to a rate filing
19 that constitutes agency action for purposes of the
20 Administrative Procedure Act, except for a rate filing for
21 medical malpractice, an insurer may, in lieu of demanding a
22 hearing under s. 120.57, require arbitration of the rate
23 filing. Arbitration shall be conducted by a board of
24 arbitrators consisting of an arbitrator selected by the
25 office, an arbitrator selected by the insurer, and an
26 arbitrator selected jointly by the other two arbitrators. Each
27 arbitrator must be certified by the American Arbitration
28 Association. A decision is valid only upon the affirmative
29 vote of at least two of the arbitrators. No arbitrator may be
30 an employee of any insurance regulator or regulatory body or
31 of any insurer, regardless of whether or not the employing
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1980
Barcode 642576
1 insurer does business in this state. The office and the
2 insurer must treat the decision of the arbitrators as the
3 final approval of a rate filing. Costs of arbitration shall be
4 paid by the insurer.
5 (b) Arbitration under this subsection shall be
6 conducted pursuant to the procedures specified in ss.
7 682.06-682.10. Either party may apply to the circuit court to
8 vacate or modify the decision pursuant to s. 682.13 or s.
9 682.14. The commission shall adopt rules for arbitration under
10 this subsection, which rules may not be inconsistent with the
11 arbitration rules of the American Arbitration Association as
12 of January 1, 1996.
13 (c) Upon initiation of the arbitration process, the
14 insurer waives all rights to challenge the action of the
15 office under the Administrative Procedure Act or any other
16 provision of law; however, such rights are restored to the
17 insurer if the arbitrators fail to render a decision within 90
18 days after initiation of the arbitration process.
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21 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
22 And the directory clause is amended as follows:
23 On page 28, lines 29-31, delete those lines
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25 and insert:
26 Section 7. Effective July 1, 2006, paragraph (b) of
27 subsection (2) of section 627.062, Florida Statutes, is
28 amended, subsection (9) is added to that section, and
29 subsection (6) is amended, to read:
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1980
Barcode 642576
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 131, line 5, after the semicolon
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5 insert:
6 repealing the provision that allows an insurer
7 to require arbitration, in lieu of a hearing,
8 relating to a rate filing that constitutes
9 agency action;
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