Florida Senate - 2024 SB 1488 By Senator Davis 5-01708-24 20241488__ 1 A bill to be entitled 2 An act relating to examinations and investigations of 3 property insurers; amending s. 624.316, F.S.; 4 providing requirements for examinations of property 5 insurers by the Office of Insurance Regulation; 6 increasing the frequency of examinations of property 7 insurers; providing criteria for a risk-based 8 methodology for scheduling examinations for property 9 insurers; requiring the office to make publicly 10 available certain data; amending s. 624.3161, F.S.; 11 requiring the office to order property insurers to 12 file with the office claims-handling practices and 13 procedures under certain circumstances; requiring the 14 office to conduct additional market conduct 15 examinations of certain residential property insurers; 16 revising requirements for such examinations; requiring 17 the office to make publicly available certain findings 18 and information; amending s. 624.318, F.S.; requiring 19 certain entities to make certain documents and 20 information freely available to the Department of 21 Financial Services, the office, and their examiners 22 for examinations and investigations of property 23 insurers; authorizing the department, the office, and 24 their examiners to electronically scan certain 25 documents; amending s. 624.319, F.S.; requiring that 26 examination reports of property insurers contain 27 certain information; requiring the office to make 28 publicly available certain examination reports, 29 investigation reports, and work papers on property 30 insurers; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraph (a) of subsection (1), paragraph (a) 35 of subsection (2), and paragraph (b) of subsection (3) of 36 section 624.316, Florida Statutes, are amended, and subsection 37 (5) is added to that section, to read: 38 624.316 Examination of insurers.— 39 (1)(a) The office shall examine the affairs, transactions, 40 accounts, records, and assets of each authorized insurer and of 41 the attorney in fact of a reciprocal insurer as to its 42 transactions affecting the insurer as often as it deems 43 advisable, except as provided in this section. The examination 44 may include examination of the affairs, transactions, accounts, 45 and records relating directly or indirectly to the insurer and 46 of the assets of the insurer’s managing general agents and 47 controlling or controlled personsperson,as defined in s. 48 625.012. For property insurers, the examination must also 49 include examination of: 50 1. The affairs, transactions, accounts, and records 51 relating directly or indirectly to the insurer, the insurer’s 52 holding company, and the insurer’s affiliate; 53 2. The assets, executive compensations, and ownership 54 dividends of the officers, directors, managing general agents, 55 and controlling persons, controlled persons, and controlling or 56 controlled persons, as those terms are defined in s. 57 625.012(5)(b), of the insurer, the insurer’s holding company, 58 and the insurer’s affiliate; 59 3. The contractual agreements between the officers, 60 directors, agents, and persons described in subparagraph 2. and 61 the insurer, insurer’s holding company, and insurer’s affiliate; 62 and 63 4. The contractual agreements between the insurer’s vendors 64 and the insurer. 65 66 The examination shall be pursuant to a written order of the 67 office. Such order shall expire upon receipt by the office of 68 the written report of the examination. 69 (2)(a) Except as provided in paragraph (f), the office may 70 examine each insurer as often as may be warranted for the 71 protection of the policyholders and in the public interest, but 72 must, at a minimum, examine: 73 1. High-risk insurers at least once every 3 years and high 74 risk property insurers at least once every year. 75 2. Average- and low-risk insurers at least once every 5 76 years and average- and low-risk property insurers at least once 77 every 3 years. 78 79 The examination shall cover the number of fiscal years since the 80 last examination of the insurer, except for examinations of low 81 risk insurers, in which case the examination need only cover at 82 least the preceding 5 fiscal years, and shall be commenced 83 within 12 months after the end of the most recent fiscal year 84 being covered by the examination. The examination may cover any 85 period of the insurer’s operations since the last previous 86 examination. The examination may include examination of events 87 subsequent to the end of the most recent fiscal year and the 88 events of any prior period that affect the present financial 89 condition of the insurer. 90 (3) The office shall create, and the commission shall adopt 91 by rule, a risk-based selection methodology for scheduling 92 examinations of insurers subject to this section. Except as 93 otherwise specified in subsection (2), this requirement does not 94 restrict the authority of the office to conduct examinations 95 under this section as often as it deems advisable. Such 96 methodology must include all of the following: 97 (b) Consideration of: 98 1. The level of capitalization and identification of 99 unfavorable trends; 100 2. Negative trends in profitability or cash flow from 101 operations; 102 3. National Association of Insurance Commissioners 103 Insurance Regulatory Information System ratio results; 104 4. Risk-based capital and risk-based capital trend test 105 results; 106 5. The structure and complexity of the insurer; 107 6. Changes in the insurer’s officers or board of directors; 108 7. Changes in the insurer’s business strategy or 109 operations; 110 8. Findings and recommendations from an examination made 111 pursuant to this section or s. 624.3161; 112 9. Current or pending regulatory actions by the office or 113 the department; 114 10. Information obtained from other regulatory agencies or 115 independent organization ratings and reports;and116 11. The impact of an insurer’s insolvency on policyholders 117 of the insurer and the public generally; and 118 12. With respect to property insurers: 119 a.(I) The assets, executive compensations, and ownership 120 dividends of the officers, directors, managing general agents, 121 and controlling persons, controlled persons, and controlling or 122 controlled persons, as those terms are defined in s. 123 625.012(5)(b), of the insurer, the insurer’s holding company, 124 and the insurer’s affiliate; 125 (II) The contractual agreements between the officers, 126 directors, agents, and persons described in sub-sub-subparagraph 127 (I) and the insurer, insurer’s holding company, and affiliate; 128 and 129 (III) The contractual agreements between the insurer’s 130 vendors and the insurer; 131 b. The policyholders’ complaints against the insurer and 132 the reasons for which the complaints were confirmed or closed; 133 and 134 c. The fraud investigations and findings, if any, on the 135 insurer and the insurer’s officers, board of directors, managing 136 general agents, controlling or controlled persons, and vendors. 137 (5) Except as otherwise provided in the Florida Insurance 138 Code, the office shall make publicly available, with respect to 139 each property insurer, the examination data obtained pursuant to 140 paragraph (1)(c). 141 Section 2. Subsections (6) and (7) of section 624.3161, 142 Florida Statutes, are amended, and subsection (10) is added to 143 that section, to read: 144 624.3161 Market conduct examinations.— 145 (6) Based on the findings of a market conduct examination 146 that an insurer has exhibited a pattern or practice of willful 147 violations of an unfair insurance trade practice related to 148 claims handling which caused harm to policyholders, as 149 prohibited by s. 626.9541(1)(i), the office may order an 150 insurer, and shall order a property insurer, pursuant to chapter 151 120 to file its claims-handling practices and procedures related 152 to that line of insurance with the office for review and 153 inspection, to be held by the office for the following 36-month 154 period. Such claims-handling practices and procedures are public 155 records and are not trade secrets or otherwise exempt from the 156 provisions of s. 119.07(1). As used in this section, “claims 157 handling practices and procedures” are any policies, guidelines, 158 rules, protocols, standard operating procedures, instructions, 159 or directives that govern or guide how and the manner in which 160 an insured’s claims for benefits under any policy will be 161 processed. 162 (7) Notwithstanding subsection (1), any authorized insurer 163 transacting residential property insurance business in this 164 state: 165 (a) MustMaybe subject to an additional market conduct 166 examination after a hurricane if, at any time more than 90 days 167 after the end of the hurricane, the insurer is among the top 20 168 percent of insurers based upon a calculation of the ratio of 169 hurricane-related property insurance claims filed to the number 170 of property insurance policies in force; 171 (b) Must be subject to a market conduct examination after a 172 hurricane if, at any time more than 90 days after the end of the 173 hurricane, the insurer: 174 1. Is among the top 20 percent of insurers based upon a 175 calculation of the ratio of hurricane claim-related consumer 176 complaints made about that insurer to the department to the 177 insurer’s total number of hurricane-related claims; 178 2. Is among the top 20 percent of insurers based upon a 179 calculation of the ratio of hurricane claims closed without 180 payment to the insurer’s total number of hurricane claims on 181 policies providing wind or windstorm coverage; 182 3. Has made significant payments to its officer; director; 183 managing general agent; controlling person, controlled person, 184 or controlling or controlled person as those terms are defined 185 in s. 625.012(5)(b); or vendor since the hurricane; or 186 4. Is identified by the office as necessitating a market 187 conduct exam for any other reason. 188 189 All relevant criteria under this section and s. 624.316 shall be 190 applied to the market conduct examination under this subsection. 191 Such an examination must be initiated within 18 months after the 192 landfall of a hurricane that results in an executive order or a 193 state of emergency issued by the Governor. The requirements of 194 this subsection do not limit the authority of the office to 195 conduct at any time a market conduct examination of a property 196 insurer in the aftermath of a hurricane. This subsection does 197 not require the office to conduct multiple market conduct 198 examinations of the same insurer when multiple hurricanes make 199 landfall in this state in a single calendar year. An examination 200 of an insurer under this subsection must also include an 201 examination of its officer; director; managing general agent; 202 and controlling person, controlled person, and controlling or 203 controlled person, as those terms are defined in s. 204 625.012(5)(b), as if it were the insurer. 205 (10) Except as otherwise provided in the Florida Insurance 206 Code, with respect to each property insurer, the office shall 207 make publicly available: 208 (a) The findings of the market conduct examination, 209 including the results of the National Association of Insurance 210 Commissioners Market Conduct Annual Statement; and 211 (b) Detailed information on the policyholders’ complaints 212 against the insurer received by the office or the insurer and 213 the reasons for which the claims were confirmed or closed. 214 Section 3. Subsection (2) and paragraph (a) of subsection 215 (7) of section 624.318, Florida Statutes, are amended to read: 216 624.318 Conduct of examination or investigation; access to 217 records; correction of accounts; appraisals.— 218 (2)(a) Every person being examined or investigated, and its 219 officers, attorneys, employees, agents, and representatives, 220 shall make freely available to the department or office or its 221 examiners or investigators the accounts, records, documents, 222 files, information, assets, and matters in their possession or 223 control relating to the subject of the examination or 224 investigation. 225 (b) In addition to paragraph (a), with respect to a 226 property insurer: 227 1. Every insurer being examined or investigated and its 228 vendors; and 229 2. The officers, directors, managing general agents, and 230 controlling persons, controlled persons, and controlling or 231 controlled persons, as those terms are defined in s. 232 625.012(5)(b), of the insurer, the insurer’s holding company, 233 and the insurer’s affiliate, 234 235 shall make freely available to the department or office or the 236 examiners the accounts; records; documents; files; information, 237 including, but not limited to, information on executive 238 compensations, ownership dividends, and contractual 239 arrangements; assets; and matters, as applicable, in their 240 possession or control relating to the subject of the examination 241 or investigation. 242 (c) An agent who provides other products or services or 243 maintains customer information not related to insurance must 244 maintain records relating to insurance products and transactions 245 separately if necessary to give the department or office access 246 to such records. If records relating to the insurance 247 transactions are maintained by an agent on premises owned or 248 operated by a third party, the agent and the third party must 249 provide access to the records by the department or office. 250 (7)(a) The department or office or its examiners or 251 investigators may electronically scan accounts, records, 252 documents, files, and information, relating to the subject of 253 the examination or investigation, in the possession or control 254 of the person being examined or investigated. With respect to a 255 property owner, the department or office or its examiners or 256 investigators may also electronically scan documents relating 257 to: 258 1. The assets, executive compensations, and ownership 259 dividends of the officers, directors, managing general agents, 260 and controlling persons, controlled persons, and controlling or 261 controlled persons, as those terms are defined in s. 262 625.012(5)(b), of the insurer, insurer’s holding company, and 263 insurer’s affiliate; 264 2. The contractual agreements between the officers, 265 directors, agents, and persons described in subparagraph 1. and 266 the insurer, the insurer’s holding company, and the insurer’s 267 affiliate; and 268 3. The contractual agreements between the insurer’s vendors 269 and the insurer. 270 Section 4. Present subsection (6) of section 624.319, 271 Florida Statutes, is redesignated as subsection (7), a new 272 subsection (6) is added to that section, and subsection (1) is 273 amended, to read: 274 624.319 Examination and investigation reports.— 275 (1)(a) The department or office or its examiner shall make 276 a full and true written report of each examination. The 277 examination report mustshallcontainonlyinformation obtained 278 from examination of the records, accounts, files, and documents 279 of or relative to the insurer examined or from testimony of 280 individuals under oath, together with relevant conclusions and 281 recommendations of the examiner based thereon. With respect to a 282 property insurer, the examination report must also contain 283 information relating to: 284 1. The assets, executive compensations, and ownership 285 dividends of the officers, directors, managing general agents, 286 and controlling persons, controlled persons, and controlling or 287 controlled persons, as those terms are defined in s. 288 625.012(5)(b), of the insurer, insurer’s holding company, and 289 insurer’s affiliate; 290 2. The contractual agreements between the officers, 291 directors, agents, and persons described in paragraph (a) and 292 the insurer, the insurer’s holding company, and the insurer’s 293 affiliate; and 294 3. The contractual agreements between the insurer’s vendors 295 and the insurer. 296 (b) The department or office must furnish a copy of the 297 examination report to the insurer examined at least 30 days 298 before filing the examination report in its office. If such 299 insurer so requests in writing within such 30-day period, the 300 department or office must grant a hearing with respect to the 301 examination report and may not file the examination report until 302 after the hearing and after such modifications have been made 303 therein as the department or office deems proper. 304 (6) Except as otherwise provided in the Florida Insurance 305 Code, the office shall make publicly available: 306 (a) The examination reports that have been filed; 307 (b) The investigation reports after the investigation is 308 completed or ceases to be active, except for any portion of the 309 report which remains confidential and exempt from s. 119.07(1) 310 and s. 24(a), Art. I of the State Constitution under 311 subparagraph (3)(a)3.; and 312 (c) Work papers after the examination is filed or the 313 investigation is completed or ceases to be active. 314 Section 5. This act shall take effect July 1, 2024.