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 must shall expedite
  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.