Amendment
Bill No. 7077
Amendment No. 332229
CHAMBER ACTION
Senate House
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1Representative(s) Seiler offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 479-503, and insert:
5     Section 6.  Section 627.0613, Florida Statutes, as amended
6by section 17 of chapter 2007-1, Laws of Florida, is amended to
7read:
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 and in
20appellate actions regarding those proceedings; and intervene as
21a party; or 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, including any public model for
27hurricane loss projections developed pursuant to s. 627.06281.
28     (3)  Examine rate and form filings submitted to the office,
29hire consultants as necessary to aid in the review process, and
30recommend to the department or office any position deemed by the
31consumer advocate to be in the public interest. In approving a
32rate or form filing, the office shall specifically address each
33recommendation submitted by the consumer advocate.
34     (4)  Prepare an annual report card for each authorized
35property insurer, on a form and using a letter-grade scale
36developed by the commission by rule, which grades each insurer
37based on the following factors:
38     (a)  The number and nature of consumer complaints received
39by the department against the insurer.
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)  Conduct investigations of insurance schemes, patterns
51or practices relating to unfair trade practices, unfair claims-
52handling practices, deceptive or misleading sales practices, or
53coercion or intimidation of insurance consumers. In carrying out
54investigations, the consumer advocate shall have the powers set
55forth in s. 624.321. If the consumer advocate believes further
56regulatory action should be taken, he or she shall refer the
57investigation to the office or department. If the office or
58department determines that no regulatory action is warranted,
59the office or department shall inform the consumer advocate, in
60writing, of the basis for its decision. An insurer that fails to
61comply with a subpoena is subject to disciplinary action under
62s. 624.418(2) in the same manner as if it had violated an order
63of the office or department or failed to submit its books and
64records for examination.
65     (7)  Seek review, pursuant to chapter 120, of any proposed
66agency action and any determination, finding, or order of the
67office, department, or commission in any proceeding in which the
68consumer advocate has participated as a party.
69     (8)  Research and analyze insurance issues from the
70perspective of consumers and prepare and disseminate such
71information as the consumer advocate considers appropriate to
72inform or assist consumers, the department, the office, and the
73commission.
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75
76================ T I T L E  A M E N D M E N T =============
77     Remove lines 14-17, and insert:
78requirement for certain insurers; amending s. 627.0613, F.S.;
79clarifying and revising the authority of the consumer advocate
80within the Office of Insurance Regulation of the Department of
81Financial Services; requiring that the consumer advocate have
82access to certain hurricane loss projection models; requiring
83the office to address recommendations submitted by the consumer
84advocate with respect to rate filings; requiring the consumer
85advocate to conduct certain investigations; authorizing the
86consumer advocate to subpoena witnesses and records; requiring
87the consumer advocate to seek review of certain agency action
88under ch. 120, F.S.; requiring the consumer advocate to research
89and analyze insurance issues and disseminate information;
90amending s. 627.062, F.S.;


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