1 | Representative(s) Seiler offered the following: |
2 |
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3 | Amendment (with title amendments) |
4 | Remove lines 479-503, and insert: |
5 | Section 6. Section 627.0613, Florida Statutes, as amended |
6 | by chapter 2007-1, Laws of Florida, is amended to read: |
7 | 627.0613 Consumer advocate.--The Chief Financial Officer |
8 | must appoint a consumer advocate who must represent the general |
9 | public of the state before the department and the office. The |
10 | consumer advocate must report directly to the Chief Financial |
11 | Officer, but is not otherwise under the authority of the |
12 | department or of any employee of the department. The consumer |
13 | advocate has such powers as are necessary to carry out the |
14 | duties of the office of consumer advocate, including, but not |
15 | limited to, the powers to: |
16 | (1) Recommend to the department or office, by petition, |
17 | the commencement of any proceeding or action; appear in any |
18 | proceeding or action before the department or office, including |
19 | appeals arising from such proceedings or actions; and intervene |
20 | or appear in any proceeding before the Division of |
21 | Administrative Hearings or arbitration panel specified in s. |
22 | 627.062(6) relating to subject matter under the jurisdiction of |
23 | the department or office. |
24 | (2) Have access to and use of all files, records, and data |
25 | of the department or office. |
26 | (3) Examine rate and form filings submitted to the office, |
27 | hire consultants as necessary to aid in the review process, and |
28 | recommend to the department or office any position deemed by the |
29 | consumer advocate to be in the public interest. In approving a |
30 | rate form filing, the office shall accept or reject each |
31 | recommendation submitted by the consumer advocate. |
32 | (4) Prepare an annual report card for each authorized |
33 | personal residential property insurer, on a form and using a |
34 | letter-grade scale developed by the commission by rule, which |
35 | grades each insurer based on the following factors: |
36 | (a) The number, as a market share ratio, and nature of |
37 | consumer complaints received by the department against the |
38 | insurer. |
39 | (b) The disposition of all complaints received by the |
40 | department. |
41 | (c) The average length of time for payment of claims by |
42 | the insurer. |
43 | (d) Any other factors the commission identifies as |
44 | assisting policyholders in making informed choices about |
45 | homeowner's insurance. |
46 | (5) Prepare an annual budget for presentation to the |
47 | Legislature by the department, which budget must be adequate to |
48 | carry out the duties of the office of consumer advocate. |
49 | (6) Examine or investigate any insurance pattern or |
50 | practice relating to unfair trade practices, unfair claims- |
51 | handling practices, deceptive or misleading sales practices, or |
52 | coercion or intimidation of insurance consumers. Prior to |
53 | initiating such an examination or investigation, the consumer |
54 | advocate shall notify the insurer of the practice at issue and |
55 | give the insurer the opportunity to describe the insurer's |
56 | actual practices or otherwise resolve the consumer advocate's |
57 | advocate's questions. The consumer advocate shall comply |
58 | with s. 624.319 when inquiring about, investigating, or |
59 | examining an insurer's books, records, and customer information. |
60 | Failure to provide the consumer advocate with any requested |
61 | information constitutes a violation of the Florida Insurance |
62 | Code. If the consumer advocate determines that regulatory action |
63 | is warranted, he or she shall refer the investigation to the |
64 | office or department. If the office or department determines |
65 | that no regulatory action is warranted, the office or department |
66 | shall inform the consumer advocate, in writing, of the basis for |
67 | its determination. |
68 | (7) Research and analyze insurance issues and identify |
69 | industry best practices from the perspective of consumers and |
70 | prepare and disseminate such information as the consumer |
71 | advocate considers appropriate to inform or assist consumers, |
72 | the department, the office, and the commission. |
73 | =========== T I T L E A M E N D M E N T ======== |
74 | Remove lines 15-17, and insert: |
75 | F.S.; revising powers of the consumer advocate within the Office |
76 | of Insurance Regulation of the Department of Financial Services; |
77 | providing duties of the office; limiting application of certain |
78 | annual report card preparation powers of the consumer advocate |
79 | to personal residential property insurers; requiring the office |
80 | to address recommendations submitted by the consumer advocate |
81 | with respect to rate filings; authorizing the consumer advocate |
82 | to conduct certain examinations and investigations; providing |
83 | requirements for the consumer advocates; specifying certain |
84 | activities as violations of the Florida Insurance Code; |
85 | providing penalties; authorizing the consumer advocate to |
86 | research and analyze certain insurance issues, identify industry |
87 | best practices and prepare and disseminate certain information; |
88 | amending s. 627.062, F.S.; |