Florida Senate - 2011 SB 1462
By Senator Hays
1 A bill to be entitled
2 An act relating to the powers of the consumer
3 advocate; amending s. 627.0613, F.S.; deleting a power
4 of the consumer advocate relating to the preparation
5 of an annual report card grading personal residential
6 property insurers; providing an effective date.
8 Be It Enacted by the Legislature of the State of Florida:
10 Section 1. Section 627.0613, Florida Statutes, is amended
11 to read:
12 627.0613 Consumer advocate.—The Chief Financial Officer
13 must appoint a consumer advocate who must represent the general
14 public of the state before the department and the office. The
15 consumer advocate must report directly to the Chief Financial
16 Officer, but is not otherwise under the authority of the
17 department or of any employee of the department. The consumer
18 advocate has such powers as are necessary to carry out the
19 duties of the office of consumer advocate, including, but not
20 limited to, the powers to:
21 (1) Recommend to the department or office, by petition, the
22 commencement of any proceeding or action; appear in any
23 proceeding or action before the department or office; or appear
24 in any proceeding before the Division of Administrative Hearings
25 relating to subject matter under the jurisdiction of the
26 department or office.
27 (2) Have access to and use of all files, records, and data
28 of the department or office.
29 (3) Examine rate and form filings submitted to the office,
30 hire consultants as necessary to aid in the review process, and
31 recommend to the department or office any position deemed by the
32 consumer advocate to be in the public interest.
(4) Prepare an annual report card for each authorized
34 personal residential property insurer, on a form and using a
35 letter-grade scale developed by the commission by rule, which
36 grades each insurer based on the following factors:
37 (a) The number and nature of consumer complaints, as a
38 market share ratio, received by the department against the
40 (b) The disposition of all complaints received by the
42 (c) The average length of time for payment of claims by the
44 (d) Any other factors the commission identifies as
45 assisting policyholders in making informed choices about
46 homeowner’s insurance.
47 (4) (5) Prepare an annual budget for presentation to the
48 Legislature by the department, which budget must be adequate to
49 carry out the duties of the office of consumer advocate.
50 Section 2. This act shall take effect July 1, 2011.