Florida Senate - 2025 SB 1222 By Senator Sharief 35-00860A-25 20251222__ 1 A bill to be entitled 2 An act relating to rate standards for property 3 insurers; amending s. 627.0613, F.S.; revising the 4 powers of the consumer advocate; specifying that 5 failure to obey certain court orders may be punished 6 as contempt; authorizing the court to order a person 7 to pay certain expenses; amending s. 627.062, F.S.; 8 prohibiting the Office of Insurance Regulation from 9 approving certain rate filings; authorizing the 10 consumer advocate to request a specified 11 administrative hearing and an expedited appellate 12 review; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (5) and (6) are added to section 17 627.0613, Florida Statutes, to read: 18 627.0613 Consumer advocate.—The Chief Financial Officer 19 must appoint a consumer advocate who must represent the general 20 public of the state before the department and the office. The 21 consumer advocate must report directly to the Chief Financial 22 Officer, but is not otherwise under the authority of the 23 department or of any employee of the department. The consumer 24 advocate has such powers as are necessary to carry out the 25 duties of the office of consumer advocate, including, but not 26 limited to, the powers to: 27 (5) Request an administrative hearing pursuant to s. 120.57 28 to challenge a notice of intent to approve or a notice of intent 29 to disapprove a rate filing. 30 (6) Administer oaths or affirmations to compel the 31 attendance and testimony of witnesses, or to issue subpoenas for 32 and compel the production of books, papers, records, documents, 33 and other evidence pertaining to any investigation or hearing 34 convened under this section. 35 (a) In conducting an investigation, the consumer advocate 36 and its investigators shall have access at all reasonable times 37 to premises, records, documents, and other evidence or possible 38 sources of evidence and may examine, record, and copy such 39 materials and take and record the testimony or statements of 40 such persons as are reasonably necessary for the furtherance of 41 the investigation. 42 (b) In the case of a refusal to obey a subpoena issued to 43 any person, the consumer advocate may make application to any 44 circuit court of this state, which shall have jurisdiction to 45 order the witness to appear before the consumer advocate to give 46 testimony and to produce evidence concerning the matter in 47 question. Failure to obey the court’s order may be punished by 48 the court as contempt. If the court enters an order holding a 49 person in contempt or compelling the person to comply with the 50 subpoena, the court may order the person to pay the consumer 51 advocate reasonable expenses, including reasonable attorney 52 fees, accrued by the consumer advocate in obtaining the order 53 from the court. 54 Section 2. Paragraph (a) of subsection (2) and subsection 55 (6) of section 627.062, Florida Statutes, are amended to read: 56 627.062 Rate standards.— 57 (2) As to all such classes of insurance: 58 (a) Insurers or rating organizations shall establish and 59 use rates, rating schedules, or rating manuals that allow the 60 insurer a reasonable rate of return on the classes of insurance 61 written in this state. A copy of rates, rating schedules, rating 62 manuals, premium credits or discount schedules, and surcharge 63 schedules, and changes thereto, must be filed with the office 64 under one of the following procedures: 65 1. If the filing is made at least 90 days before the 66 proposed effective date and is not implemented during the 67 office’s review of the filing and any proceeding and judicial 68 review, such filing is considered a “file and use” filing. In 69 such case, the office shall finalize its review by issuance of a 70 notice of intent to approve or a notice of intent to disapprove 71 within 90 days after receipt of the filing. If the 90-day period 72 ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it 73 must be extended until the conclusion of the next business day. 74 The notice of intent to approve and the notice of intent to 75 disapprove constitute agency action for purposes of the 76 Administrative Procedure Act. Requests for supporting 77 information, requests for mathematical or mechanical 78 corrections, or notification to the insurer by the office of its 79 preliminary findings does not toll the 90-day period during any 80 such proceedings and subsequent judicial review. The rate shall 81 be deemed approved if the office does not issue a notice of 82 intent to approve or a notice of intent to disapprove within 90 83 days after receipt of the filing. 84 2. If the filing is not made in accordance with 85 subparagraph 1., such filing must be made as soon as 86 practicable, but within 30 days after the effective date, and is 87 considered a “use and file” filing. An insurer making a “use and 88 file” filing is potentially subject to an order by the office to 89 return to policyholders those portions of rates found to be 90 excessive, as provided in paragraph (h). 91 3. For all property insurance filings made or submitted 92 after January 25, 2007, but before May 1, 2012, an insurer 93 seeking a rate that is greater than the rate most recently 94 approved by the office shall make a “file and use” filing. For 95 purposes of this subparagraph, motor vehicle collision and 96 comprehensive coverages are not considered property coverages. 97 4. The office may not approve any property insurance 98 filings made or submitted on or after July 1, 2025, if the 99 proposed rate exceeds 10 percent above the highest rate approved 100 by the office within the past 12 months. If multiple rate 101 filings occur within a 12-month period, the office may not 102 approve a total cumulative increase exceeding 15 percent above 103 the highest approved rate within the past 12 months. 104 105 The provisions of this subsection do not apply to workers’ 106 compensation, employer’s liability insurance, and motor vehicle 107 insurance. 108 (6)(a) If an insurer or the consumer advocate under s. 109 627.0613 requests an administrative hearing pursuant to s. 110 120.57 related to a rate filing under this section, the director 111 of the Division of Administrative Hearings mustshallexpedite 112 the hearing and assign an administrative law judge who shall 113 commence the hearing within 30 days after the receipt of the 114 formal request and enter a recommended order within 30 days 115 after the hearing or within 30 days after receipt of the hearing 116 transcript by the administrative law judge, whichever is later. 117 Each party shall have 10 days in which to submit written 118 exceptions to the recommended order. The office shall enter a 119 final order within 30 days after the entry of the recommended 120 order. The provisions of this paragraph may be waived upon 121 stipulation of all parties. 122 (b) Upon entry of a final order, the insurer or the 123 consumer advocate under s. 627.0613 may request an expedited 124 appellate review pursuant to the Florida Rules of Appellate 125 Procedure. It is the intent of the Legislature that the First 126 District Court of Appeal grant an insurer’s request for an 127 expedited appellate review. 128 Section 3. This act shall take effect July 1, 2025.