Amendment
Bill No. 7077
Amendment No. 264131
CHAMBER ACTION
Senate House
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1Representative(s) Seiler offered the following:
2
3     Substitute Amendment for Amendment (332229) (with title
4amendment)
5Remove lines 479-503, and insert:
6     Section 6.  Section 627.0613, Florida Statutes, as amended
7by chapter 2007-1, Laws of Florida, is amended to read:
8     627.0613  Consumer advocate.--The Chief Financial Officer
9must appoint a consumer advocate who must represent the general
10public of the state before the department and the office. The
11consumer advocate must report directly to the Chief Financial
12Officer, but is not otherwise under the authority of the
13department or of any employee of the department. The consumer
14advocate has such powers as are necessary to carry out the
15duties of the office of consumer advocate, including, but not
16limited to, the powers to:
17     (1)  Recommend to the department or office, by petition,
18the commencement of any proceeding or action; appear in any
19proceeding or action before the department or office, including
20appeals arising from such proceedings or actions; and intervene
21or appear in any proceeding before the Division of
22Administrative Hearings or arbitration panel specified in s.
23627.062(6) relating to subject matter under the jurisdiction of
24the department or office.
25     (2)  Have access to and use of all files, records, and data
26of the department or office.
27     (3)  Examine rate and form filings submitted to the office,
28hire consultants as necessary to aid in the review process, and
29recommend to the department or office any position deemed by the
30consumer advocate to be in the public interest. In approving a
31rate form filing, the office shall accept or reject each
32recommendation submitted by the consumer advocate.
33     (4)  Prepare an annual report card for each authorized
34personal residential property insurer, on a form and using a
35letter-grade scale developed by the commission by rule, which
36grades each insurer based on the following factors:
37     (a)  The number, as a market share ratio, and nature of
38consumer complaints received by the department against the
39insurer.
40     (b)  The disposition of all complaints received by the
41department.
42     (c)  The average length of time for payment of claims by
43the insurer.
44     (d)  Any other factors the commission identifies as
45assisting policyholders in making informed choices about
46homeowner's insurance.
47     (5)  Prepare an annual budget for presentation to the
48Legislature by the department, which budget must be adequate to
49carry out the duties of the office of consumer advocate.
50     (6)  Investigate any insurance pattern or practice relating
51to unfair trial practices, unfair claims-handling practices,
52deceptive or misleading sales practices, or coercion or
53intimidation of insurance consumers. In conducting an
54investigation, the consumer advocate shall have access to
55insurer books, records, and customer information in the same
56manner as the office. Failure to provide the consumer advocate
57with requested information constitutes a violation of the
58Florida Insurance Code. If the consumer advocate determines that
59regulatory action is warranted, he or she shall refer the
60investigation to the office or department. If the office or
61department determines that no regulatory action is warranted,
62the office or department shall inform the consumer advocate, in
63writing, of the basis for its determination.
64     (7)  Research and analyze insurance issues from the
65perspective of consumers and prepare and disseminate such
66information as the consumer advocate considers appropriate to
67inform or assist consumers, the department, the office, and the
68commission.
69=========== T I T L E  A M E N D M E N T ========
70     Remove lines 15-17, and insert:
71F.S.; revising powers of the consumer advocate within the Office
72of Insurance Regulation of the Department of Financial Services;
73providing duties of the office; limiting application of certain
74annual report card preparation powers of the consumer advocate
75to personal residential property insurers; requiring the office
76to address recommendations submitted by the consumer advocate
77with respect to rate filings; authorizing the consumer advocate
78to conduct certain investigations; specifying certain activities
79as violations of the Florida Insurance Code; providing
80penalties; authorizing the consumer advocate to research and
81analyze certain insurance issues and prepare and disseminate
82certain information; amending s. 627.062, F.S.;


CODING: Words stricken are deletions; words underlined are additions.