Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1860
                                Barcode 870118                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 6/AD/2R         .                                
             03/06/2012 05:31 PM       .                                

       Senator Bennett moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 354 and 355
    4  insert:
    5         Section 5. Section 626.9581, Florida Statutes, is amended
    6  to read:
    7         626.9581 Cease and desist and penalty orders.—After the
    8  hearing provided in s. 626.9571, the department or office shall
    9  enter a final order in accordance with s. 120.569. If it is
   10  determined that the person charged has engaged in an unfair or
   11  deceptive act or practice or the unlawful transaction of
   12  insurance, the department or office shall also issue an order
   13  requiring the violator to cease and desist from engaging in such
   14  method of competition, act, or practice or the unlawful
   15  transaction of insurance. Further, if the act or practice is a
   16  violation of s. 626.9541, or s. 626.9551, or s. 627.736(11), the
   17  department or office may, at its discretion, order any one or
   18  more of the following:
   19         (1) Suspension or revocation of the person’s certificate of
   20  authority, license, or eligibility for any certificate of
   21  authority or license, if he or she knew, or reasonably should
   22  have known, he or she was in violation of this act. However, the
   23  office must revoke the certificate of authority of an insurer
   24  that violates s. 627.736(11) for at least 5 years, and all board
   25  members of such insurer are prohibited from serving on the board
   26  of another insurer for 5 years.
   27         (2) Such other relief as may be provided under in the
   28  insurance code.
   30  ================= T I T L E  A M E N D M E N T ================
   31         And the title is amended as follows:
   32         Between lines 22 and 23
   33  insert:
   34         amending s. 626.9581, F.S.; requiring the Department
   35         of Financial Services or the Office of Insurance
   36         Regulation to revoke the certificate of authority of
   37         an insurer that engages in unfair trade practices
   38         while providing motor vehicle personal injury
   39         protection insurance;