(LATE FILED)Amendment
Bill No. 7077
Amendment No. 701913
CHAMBER ACTION
Senate House
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1Representative(s) Seiler offered the following:
2
3     Amendment (with title amendments)
4Remove lines 479-503, and insert:
5     Section 6.  Section 627.0613, Florida Statutes, as amended
6by chapter 2007-1, Laws of Florida, is amended to read:
7     627.0613  Consumer advocate.--The Chief Financial Officer
8must appoint a consumer advocate who must represent the general
9public of the state before the department and the office. The
10consumer advocate must report directly to the Chief Financial
11Officer, but is not otherwise under the authority of the
12department or of any employee of the department. The consumer
13advocate has such powers as are necessary to carry out the
14duties of the office of consumer advocate, including, but not
15limited to, the powers to:
16     (1)  Recommend to the department or office, by petition,
17the commencement of any proceeding or action; appear in any
18proceeding or action before the department or office, including
19appeals arising from such proceedings or actions; and intervene
20or appear in any proceeding before the Division of
21Administrative Hearings or arbitration panel specified in s.
22627.062(6) relating to subject matter under the jurisdiction of
23the department or office.
24     (2)  Have access to and use of all files, records, and data
25of the department or office.
26     (3)  Examine rate and form filings submitted to the office,
27hire consultants as necessary to aid in the review process, and
28recommend to the department or office any position deemed by the
29consumer advocate to be in the public interest. In approving a
30rate form filing, the office shall accept or reject each
31recommendation submitted by the consumer advocate.
32     (4)  Prepare an annual report card for each authorized
33personal residential property insurer, on a form and using a
34letter-grade scale developed by the commission by rule, which
35grades each insurer based on the following factors:
36     (a)  The number, as a market share ratio, and nature of
37consumer complaints received by the department against the
38insurer.
39     (b)  The disposition of all complaints received by the
40department.
41     (c)  The average length of time for payment of claims by
42the insurer.
43     (d)  Any other factors the commission identifies as
44assisting policyholders in making informed choices about
45homeowner's insurance.
46     (5)  Prepare an annual budget for presentation to the
47Legislature by the department, which budget must be adequate to
48carry out the duties of the office of consumer advocate.
49     (6)  Examine or investigate any insurance pattern or
50practice relating to unfair trade practices, unfair claims-
51handling practices, deceptive or misleading sales practices, or
52coercion or intimidation of insurance consumers. Prior to
53initiating such an examination or investigation, the consumer
54advocate shall notify the insurer of the practice at issue and
55give the insurer the opportunity to describe the insurer's
56actual practices or otherwise resolve the consumer advocate's
57advocate's questions. The consumer advocate shall comply
58with s. 624.319 when inquiring about, investigating, or
59examining an insurer's books, records, and customer information.
60Failure to provide the consumer advocate with any requested
61information constitutes a violation of the Florida Insurance
62Code. If the consumer advocate determines that regulatory action
63is warranted, he or she shall refer the investigation to the
64office or department. If the office or department determines
65that no regulatory action is warranted, the office or department
66shall inform the consumer advocate, in writing, of the basis for
67its determination.
68     (7)  Research and analyze insurance issues and identify
69industry best practices from the perspective of consumers and
70prepare and disseminate such information as the consumer
71advocate considers appropriate to inform or assist consumers,
72the 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:
75F.S.; revising powers of the consumer advocate within the Office
76of Insurance Regulation of the Department of Financial Services;
77providing duties of the office; limiting application of certain
78annual report card preparation powers of the consumer advocate
79to personal residential property insurers; requiring the office
80to address recommendations submitted by the consumer advocate
81with respect to rate filings; authorizing the consumer advocate
82to conduct certain examinations and investigations; providing
83requirements for the consumer advocates; specifying certain
84activities as violations of the Florida Insurance Code;
85providing penalties; authorizing the consumer advocate to
86research and analyze certain insurance issues, identify industry
87best practices and prepare and disseminate certain information;
88amending s. 627.062, F.S.;


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