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A bill to be entitled

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An act relating to administrative fines for violations of

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the Florida Insurance Code; amending s. 624.4211, F.S.;

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authorizing the Office of Insurance Regulation to impose

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administrative fines upon an insurer for each day the

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insurer is not in compliance with the code, up to a

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specified maximum amount per violation per day; requiring

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that the office consider certain information when

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determining the amount of such fines; amending s. 627.381,

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F.S.; providing that each violation is subject to

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administrative fines as prescribed by state law; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (5) is added to section 624.4211,

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Florida Statutes, to read:

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     624.4211  Administrative fine in lieu of suspension or

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revocation.--

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     (5) The office may impose an administrative fine for each

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day the insurer is not in compliance with the Florida Insurance

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Code, up to a maximum of $25,000 per violation per day. When

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determining the amount of such fine, the office shall consider:

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     (a) The degree of consumer harm caused or potentially

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caused by the violation;

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     (b) Whether the violation constitutes an immediate danger

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to the public;

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     (c) Whether the violation is a repeat violation or similar

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to past violations by the insurer;

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(d) The effect of the fine or violation on the solvency of

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the insurer;

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     (e) The premium volume of the company; and

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     (f) The effect of the fine on the insurer's ability to

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comply with the code.

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     Section 2.  Subsection (1) of section 627.381, Florida

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Statutes, is amended to read:

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     627.381  Penalty for violation.--

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     (1)  The office may, if it finds that any person or

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organization has violated any provision of this part, impose an

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administrative fine pursuant to s. 624.4211. For each violation,

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each day that an insurer is not in compliance with this or any

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other section of the Florida Insurance Code constitutes a

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separate violation or set of violations and each violation or set

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of violations is subject to administrative fines pursuant to s.

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624.4211.

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     Section 3.  This act shall take effect July 1, 2008.