| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 479-503, and insert: |
| 5 | Section 6. Section 627.0613, Florida Statutes, as amended |
| 6 | by section 17 of chapter 2007-1, Laws of Florida, is amended to |
| 7 | read: |
| 8 | 627.0613 Consumer advocate.--The Chief Financial Officer |
| 9 | must appoint a consumer advocate who must represent the general |
| 10 | public of the state before the department and the office. The |
| 11 | consumer advocate must report directly to the Chief Financial |
| 12 | Officer, but is not otherwise under the authority of the |
| 13 | department or of any employee of the department. The consumer |
| 14 | advocate has such powers as are necessary to carry out the |
| 15 | duties of the office of consumer advocate, including, but not |
| 16 | limited to, the powers to: |
| 17 | (1) Recommend to the department or office, by petition, |
| 18 | the commencement of any proceeding or action; appear in any |
| 19 | proceeding or action before the department or office and in |
| 20 | appellate actions regarding those proceedings; and intervene as |
| 21 | a party; or appear in any proceeding before the Division of |
| 22 | Administrative Hearings or arbitration panel specified in s. |
| 23 | 627.062(6) relating to subject matter under the jurisdiction of |
| 24 | the department or office. |
| 25 | (2) Have access to and use of all files, records, and data |
| 26 | of the department or office, including any public model for |
| 27 | hurricane loss projections developed pursuant to s. 627.06281. |
| 28 | (3) Examine rate and form filings submitted to the office, |
| 29 | hire consultants as necessary to aid in the review process, and |
| 30 | recommend to the department or office any position deemed by the |
| 31 | consumer advocate to be in the public interest. In approving a |
| 32 | rate or form filing, the office shall specifically address each |
| 33 | recommendation submitted by the consumer advocate. |
| 34 | (4) Prepare an annual report card for each authorized |
| 35 | property insurer, on a form and using a letter-grade scale |
| 36 | developed by the commission by rule, which grades each insurer |
| 37 | based on the following factors: |
| 38 | (a) The number and nature of consumer complaints received |
| 39 | by the department against the insurer. |
| 40 | (b) The disposition of all complaints received by the |
| 41 | department. |
| 42 | (c) The average length of time for payment of claims by |
| 43 | the insurer. |
| 44 | (d) Any other factors the commission identifies as |
| 45 | assisting policyholders in making informed choices about |
| 46 | homeowner's insurance. |
| 47 | (5) Prepare an annual budget for presentation to the |
| 48 | Legislature by the department, which budget must be adequate to |
| 49 | carry out the duties of the office of consumer advocate. |
| 50 | (6) Conduct investigations of insurance schemes, patterns |
| 51 | or practices relating to unfair trade practices, unfair claims- |
| 52 | handling practices, deceptive or misleading sales practices, or |
| 53 | coercion or intimidation of insurance consumers. In carrying out |
| 54 | investigations, the consumer advocate shall have the powers set |
| 55 | forth in s. 624.321. If the consumer advocate believes further |
| 56 | regulatory action should be taken, he or she shall refer the |
| 57 | investigation to the office or department. If the office or |
| 58 | department determines that no regulatory action is warranted, |
| 59 | the office or department shall inform the consumer advocate, in |
| 60 | writing, of the basis for its decision. An insurer that fails to |
| 61 | comply with a subpoena is subject to disciplinary action under |
| 62 | s. 624.418(2) in the same manner as if it had violated an order |
| 63 | of the office or department or failed to submit its books and |
| 64 | records for examination. |
| 65 | (7) Seek review, pursuant to chapter 120, of any proposed |
| 66 | agency action and any determination, finding, or order of the |
| 67 | office, department, or commission in any proceeding in which the |
| 68 | consumer advocate has participated as a party. |
| 69 | (8) Research and analyze insurance issues from the |
| 70 | perspective of consumers and prepare and disseminate such |
| 71 | information as the consumer advocate considers appropriate to |
| 72 | inform or assist consumers, the department, the office, and the |
| 73 | commission. |
| 74 |
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| 75 |
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| 76 | ================ T I T L E A M E N D M E N T ============= |
| 77 | Remove lines 14-17, and insert: |
| 78 | requirement for certain insurers; amending s. 627.0613, F.S.; |
| 79 | clarifying and revising the authority of the consumer advocate |
| 80 | within the Office of Insurance Regulation of the Department of |
| 81 | Financial Services; requiring that the consumer advocate have |
| 82 | access to certain hurricane loss projection models; requiring |
| 83 | the office to address recommendations submitted by the consumer |
| 84 | advocate with respect to rate filings; requiring the consumer |
| 85 | advocate to conduct certain investigations; authorizing the |
| 86 | consumer advocate to subpoena witnesses and records; requiring |
| 87 | the consumer advocate to seek review of certain agency action |
| 88 | under ch. 120, F.S.; requiring the consumer advocate to research |
| 89 | and analyze insurance issues and disseminate information; |
| 90 | amending s. 627.062, F.S.; |