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