1 | Representative(s) Planas offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between line(s) 3947 and 3948 and insert: |
5 | Section 30. Paragraph (a) of subsection (1) and subsection |
6 | (6) of section 624.424, Florida Statutes, are amended to read: |
7 | 624.424 Annual statement and other information.-- |
8 | (1)(a) Each authorized insurer shall file with the office |
9 | full and true statements of its financial condition, |
10 | transactions, and affairs. An annual statement covering the |
11 | preceding calendar year shall be filed on or before March 1, and |
12 | quarterly statements covering the periods ending on March 31, |
13 | June 30, and September 30 shall be filed within 45 days after |
14 | each such date. The office may, for good cause, grant an |
15 | extension of time for filing of an annual or quarterly |
16 | statement. The statements shall contain information generally |
17 | included in insurers' financial statements prepared in |
18 | accordance with generally accepted insurance accounting |
19 | principles and practices and in a form generally utilized by |
20 | insurers for financial statements, sworn to by at least two |
21 | executive officers of the insurer or, as to property insurers, |
22 | the chief executive officer and chief financial officer of each |
23 | insurer, or its certified public accountant on its behalf, or, |
24 | if a reciprocal insurer, by the oath of the attorney in fact or |
25 | its like officer if a corporation. To facilitate uniformity in |
26 | financial statements and to facilitate office analysis, the |
27 | commission may by rule adopt the form for financial statements |
28 | approved by the National Association of Insurance Commissioners |
29 | in 2002, and may adopt subsequent amendments thereto if the |
30 | methodology remains substantially consistent, and may by rule |
31 | require each insurer to submit to the office or such |
32 | organization as the office may designate all or part of the |
33 | information contained in the financial statement in a computer- |
34 | readable form compatible with the electronic data processing |
35 | system specified by the office. |
36 | (6) In addition to information called for and furnished in |
37 | connection with its annual or quarterly statements, an insurer |
38 | shall furnish to the office as soon as reasonably possible such |
39 | information as to its transactions or affairs as the office may |
40 | from time to time request in writing. All such information |
41 | furnished pursuant to the office's request shall be verified by |
42 | the oath of two executive officers of the insurer or, as to |
43 | property insurers, the chief executive officer and chief |
44 | financial officer of each insurer, or its certified public |
45 | accountant on its behalf, or, if a reciprocal insurer, by the |
46 | oath of the attorney in fact or its like officers if a |
47 | corporation. |
48 | Section 31. Subsection (2) of section 624.448, Florida |
49 | Statutes, is amended to read: |
50 | 624.448 Assets of insurers; reporting requirements.-- |
51 | (2) Each domestic insurer shall file a report with the |
52 | office disclosing a material acquisition of assets, a material |
53 | disposition of assets, or a material nonrenewal, cancellation, |
54 | or revision of a ceded reinsurance agreement, unless the |
55 | material acquisition or disposition of assets or the material |
56 | nonrenewal, cancellation, or revision of a ceded reinsurance |
57 | agreement has been submitted to the office for review, approval, |
58 | or informational purposes under another section of the Florida |
59 | Insurance Code or a rule adopted thereunder. As to property |
60 | insurers, the chief executive officer and chief financial |
61 | officer of each insurer, or its certified public accountant on |
62 | its behalf, shall sign a sworn Statement of Certification to |
63 | accompany the report. The Statement of Certification shall |
64 | certify the appropriateness of the information provided in and |
65 | with the report and that the information fairly presents, in all |
66 | material respects, the material acquisition of assets, the |
67 | material disposition of assets, or the material nonrenewal, |
68 | cancellation, or revision of a ceded reinsurance agreement. The |
69 | Office of Insurance Regulation shall promulgate by rule the |
70 | Statement of Certification. A copy of the report and each |
71 | exhibit or other attachment must be filed by the insurer with |
72 | the National Association of Insurance Commissioners. The report |
73 | required in this section is due within 15 days after the end of |
74 | the calendar month in which the transaction occurs. |
75 | Section 32. Paragraph (a) of subsection (2) of section |
76 | 627.062, Florida Statutes, is amended to read: |
77 | 627.062 Rate standards.-- |
78 | (2) As to all such classes of insurance: |
79 | (a) Insurers or rating organizations shall establish and |
80 | use rates, rating schedules, or rating manuals to allow the |
81 | insurer a reasonable rate of return on such classes of insurance |
82 | written in this state. A copy of rates, rating schedules, rating |
83 | manuals, premium credits or discount schedules, and surcharge |
84 | schedules, and changes thereto, shall be filed with the office |
85 | under one of the following procedures: |
86 | 1. If the filing is made at least 90 days before the |
87 | proposed effective date and the filing is not implemented during |
88 | the office's review of the filing and any proceeding and |
89 | judicial review, then such filing shall be considered a "file |
90 | and use" filing. In such case, the office shall finalize its |
91 | review by issuance of a notice of intent to approve or a notice |
92 | of intent to disapprove within 90 days after receipt of the |
93 | filing. The notice of intent to approve and the notice of intent |
94 | to disapprove constitute agency action for purposes of the |
95 | Administrative Procedure Act. Requests for supporting |
96 | information, requests for mathematical or mechanical |
97 | corrections, or notification to the insurer by the office of its |
98 | preliminary findings shall not toll the 90-day period during any |
99 | such proceedings and subsequent judicial review. The rate shall |
100 | be deemed approved if the office does not issue a notice of |
101 | intent to approve or a notice of intent to disapprove within 90 |
102 | days after receipt of the filing. |
103 | 2. If the filing is not made in accordance with the |
104 | provisions of subparagraph 1., such filing shall be made as soon |
105 | as practicable, but no later than 30 days after the effective |
106 | date, and shall be considered a "use and file" filing. An |
107 | insurer making a "use and file" filing is potentially subject to |
108 | an order by the office to return to policyholders portions of |
109 | rates found to be excessive, as provided in paragraph (h). |
110 | 3. The chief executive officer and chief financial officer |
111 | of each property insurer, or its certified public accountant on |
112 | its behalf, shall sign a sworn Statement of Certification to |
113 | accompany the rate filing. The statement shall certify the |
114 | appropriateness of the information provided in and with the |
115 | rate-filing and that the information fairly presents, in all |
116 | material respects, the basis of the rate-filing submitted by the |
117 | property and casualty insurer. The insurer shall certify all of |
118 | the information and factors described in paragraph)(b), |
119 | including, but not limited to, investment income. The Office of |
120 | Insurance Regulation shall promulgate by rule the Statement of |
121 | Certification. Failure to provide such Statement of |
122 | Certification shall result in the rate-filing being disapproved |
123 | without prejudice to be refiled. |
124 |
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125 | The provisions of this subsection shall not apply to workers' |
126 | compensation and employer's liability insurance and to motor |
127 | vehicle insurance. |
128 |
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129 | ======= T I T L E A M E N D M E N T ======= |
130 | Remove line(s) 242 and insert: |
131 | specifying uses and purposes of appropriations; amending s. |
132 | 624.424, F.S.; revising provisions relating to persons who may |
133 | swear to an annual statement filed by an authorized insurer; |
134 | revising provisions relating to persons who may verify by oath |
135 | certain additional information; amending s. 624.448, F.S.; |
136 | revising reporting requirements for property insurers ; |
137 | requiring a signed Statement of Certification; requiring the |
138 | Office of Insurance Regulation to promulgate a Statement of |
139 | Certification; amending s. 627.062, F.S.; requiring certain |
140 | officers of property insurers to sign a Statement of |
141 | Certification to accompany a rate filing; providing conditions |
142 | for disapproval of a rate filing; providing |