(LATE FILED)Amendment
Bill No. 0009A
Amendment No. 956177
CHAMBER ACTION
Senate House
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1Representative(s) Saunders offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 800-803 and insert:
5     Section 9.  Paragraphs (a), (h), and (j) of subsection (2)
6of section 627.062, Florida Statutes, are amended to read:
7     627.062  Rate standards.--
8     (2)  As to all such classes of insurance:
9     (a)  Insurers or rating organizations shall establish and
10use rates, rating schedules, or rating manuals to allow the
11insurer a reasonable rate of return on such classes of insurance
12written in this state.  A copy of rates, rating schedules,
13rating manuals, premium credits or discount schedules, and
14surcharge schedules, and changes thereto, shall be filed with
15the office under one of the following procedures:
16     1.  If the filing is made at least 90 days before the
17proposed effective date and the filing may not be is not
18implemented during the office's review of the filing and any
19proceeding and judicial review, then such filing shall be
20considered a "file and use" filing.  In such case, The office
21shall finalize its review by issuance of a notice of intent to
22approve or a notice of intent to disapprove within 90 days after
23receipt of the filing. The notice of intent to approve and the
24notice of intent to disapprove constitute agency action for
25purposes of the Administrative Procedure Act. Requests for
26supporting information, requests for mathematical or mechanical
27corrections, or notification to the insurer by the office of its
28preliminary findings shall not toll the 90-day period during any
29such proceedings and subsequent judicial review. The rate shall
30be deemed approved if the office does not issue a notice of
31intent to approve or a notice of intent to disapprove within 90
32days after receipt of the filing.
33     2.  If the filing is not made in accordance with the
34provisions of subparagraph 1., such filing shall be made as soon
35as practicable, but no later than 30 days after the effective
36date, and shall be considered a "use and file" filing.  An
37insurer making a "use and file" filing is potentially subject to
38an order by the office to return to policyholders portions of
39rates found to be excessive, as provided in paragraph (h).
40     (h)  In the event the office finds that a rate or rate
41change is excessive, inadequate, or unfairly discriminatory, the
42office shall issue an order of disapproval specifying that a new
43rate or rate schedule which responds to the findings of the
44office be filed by the insurer.  The office shall further order,
45for any "use and file" filing made in accordance with
46subparagraph (a)2., that premiums charged each policyholder
47constituting the portion of the rate above that which was
48actuarially justified be returned to such policyholder in the
49form of a credit or refund. If the office finds that an
50insurer's rate or rate change is inadequate, the new rate or
51rate schedule filed with the office in response to such a
52finding shall be applicable only to new or renewal business of
53the insurer written on or after the effective date of the
54responsive filing.
55======= T I T L E  A M E N D M E N T =======
56     Remove line(s) 51 and insert:
57amending s. 627.062, F.S.; deleting provisions allowing property
58and casualty insurers to use and file rates; delaying the
59effective date of


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