1 | Representative Hays offered the following: |
2 |
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3 | Amendment to Amendment (257873) (with title amendment) |
4 | Remove lines 1053-1098 and insert: |
5 | (k) Effective January 1, 2010, notwithstanding any other |
6 | provision of this section: |
7 | 1. With respect to any residential property insurance |
8 | subject to regulation under this section, a rate filing, |
9 | including, but not limited to, any rate changes, rating factors, |
10 | territories, classifications, discounts, and credits, with |
11 | respect to any policy form, including endorsements issued with |
12 | the form, that results in an overall average statewide premium |
13 | increase or decrease of no more than 10 percent above or below |
14 | the premium that would result from the insurer's rates then in |
15 | effect shall not be subject to a determination by the office |
16 | that the rate is excessive or unfairly discriminatory, except as |
17 | provided in subparagraph 3. or any other provision of law, |
18 | provided all changes specified in the filing do not result in an |
19 | overall premium increase of more than 15 percent for any single |
20 | territory for reasons related solely to the rate change. As used |
21 | in this subparagraph, the term "insurer's rates then in effect" |
22 | includes only rates that have been lawfully in effect under this |
23 | section or rates that have been determined to be lawful through |
24 | administrative proceedings or judicial proceedings. |
25 | 2. An insurer may not make filings under this paragraph |
26 | with respect to any policy form, including endorsements issued |
27 | with the form, if the overall premium changes resulting from |
28 | such filings exceed the amounts specified in this paragraph in |
29 | any 12-month period. An insurer may proceed under other |
30 | provisions of this section or other provisions of the laws of |
31 | this state if the insurer seeks to exceed the premium or rate |
32 | limitations of this paragraph. |
33 | 3. This paragraph does not affect the authority of the |
34 | office to disapprove a rate as inadequate or to disapprove a |
35 | filing for the unlawful use of unfairly discriminatory rating |
36 | factors that are prohibited by the laws of this state. An |
37 | insurer electing to implement a rate change under this paragraph |
38 | shall submit a filing to the office at least 30 days prior to |
39 | the effective date of the rate change. The office shall have 30 |
40 | days after the filing's submission to review the filing and |
41 | determine if the rate is inadequate or uses unfairly |
42 | discriminatory rating factors. Absent a finding by the office |
43 | within such 30-day period that the rate is inadequate or that |
44 | the insurer has used unfairly discriminatory rating factors, the |
45 | filing is deemed approved. If the insurer is implementing an |
46 | overall rate decrease and the office finds during the 30-day |
47 | period that the filing will result in inadequate premiums or |
48 | otherwise endanger the insurer's solvency, the office shall |
49 | suspend the rate decrease. If the insurer is implementing an |
50 | overall rate increase the results of which continue to produce |
51 | an inadequate rate, such increase shall proceed pending |
52 | additional action by the office to ensure the adequacy of the |
53 | rate. |
54 | 4. This paragraph does not apply to rate filings for any |
55 | insurance other than residential property insurance. |
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57 |
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58 | ----------------------------------------------------- |
59 | T I T L E A M E N D M E N T |
60 | Remove lines 2191-2195 and insert: |
61 | Regulation must make a "file and use" filing; specifying that |
62 | certain rate filings are not subject to office determination as |
63 | excessive or unfairly discriminatory; providing limitations; |
64 | providing a definition; prohibiting certain rate filings under |
65 | certain circumstances; preserving the office's authority to |
66 | disapprove certain rate filings under certain circumstances; |
67 | providing procedures for insurers submitting certain rate |
68 | filings; specifying nonapplication to certain types of |
69 | insurance; amending s. 627.0621, F.S.; |