| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (332229) (with title |
| 4 | amendment) |
| 5 | Remove lines 479-503, and insert: |
| 6 | Section 6. Section 627.0613, Florida Statutes, as amended |
| 7 | by chapter 2007-1, Laws of Florida, is amended to read: |
| 8 | 627.0613 Consumer advocate.--The Chief Financial Officer |
| 9 | must appoint a consumer advocate who must represent the general |
| 10 | public of the state before the department and the office. The |
| 11 | consumer advocate must report directly to the Chief Financial |
| 12 | Officer, but is not otherwise under the authority of the |
| 13 | department or of any employee of the department. The consumer |
| 14 | advocate has such powers as are necessary to carry out the |
| 15 | duties of the office of consumer advocate, including, but not |
| 16 | limited to, the powers to: |
| 17 | (1) Recommend to the department or office, by petition, |
| 18 | the commencement of any proceeding or action; appear in any |
| 19 | proceeding or action before the department or office, including |
| 20 | appeals arising from such proceedings or actions; and intervene |
| 21 | or appear in any proceeding before the Division of |
| 22 | Administrative Hearings or arbitration panel specified in s. |
| 23 | 627.062(6) relating to subject matter under the jurisdiction of |
| 24 | the department or office. |
| 25 | (2) Have access to and use of all files, records, and data |
| 26 | of the department or office. |
| 27 | (3) Examine rate and form filings submitted to the office, |
| 28 | hire consultants as necessary to aid in the review process, and |
| 29 | recommend to the department or office any position deemed by the |
| 30 | consumer advocate to be in the public interest. In approving a |
| 31 | rate form filing, the office shall accept or reject each |
| 32 | recommendation submitted by the consumer advocate. |
| 33 | (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, as a market share ratio, and nature of |
| 38 | consumer complaints received by the department against the |
| 39 | insurer. |
| 40 | (b) The disposition of all complaints received by the |
| 41 | department. |
| 42 | (c) The average length of time for payment of claims by |
| 43 | the insurer. |
| 44 | (d) Any other factors the commission identifies as |
| 45 | assisting policyholders in making informed choices about |
| 46 | homeowner's insurance. |
| 47 | (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 | (6) Investigate any insurance pattern or practice relating |
| 51 | to unfair trial practices, unfair claims-handling practices, |
| 52 | deceptive or misleading sales practices, or coercion or |
| 53 | intimidation of insurance consumers. In conducting an |
| 54 | investigation, the consumer advocate shall have access to |
| 55 | insurer books, records, and customer information in the same |
| 56 | manner as the office. Failure to provide the consumer advocate |
| 57 | with requested information constitutes a violation of the |
| 58 | Florida Insurance Code. If the consumer advocate determines that |
| 59 | regulatory action is warranted, he or she shall refer the |
| 60 | investigation to the office or department. If the office or |
| 61 | department determines that no regulatory action is warranted, |
| 62 | the office or department shall inform the consumer advocate, in |
| 63 | writing, of the basis for its determination. |
| 64 | (7) Research and analyze insurance issues from the |
| 65 | perspective of consumers and prepare and disseminate such |
| 66 | information as the consumer advocate considers appropriate to |
| 67 | inform or assist consumers, the department, the office, and the |
| 68 | commission. |
| 69 | =========== T I T L E A M E N D M E N T ======== |
| 70 | Remove lines 15-17, and insert: |
| 71 | F.S.; revising powers of the consumer advocate within the Office |
| 72 | of Insurance Regulation of the Department of Financial Services; |
| 73 | providing duties of the office; limiting application of certain |
| 74 | annual report card preparation powers of the consumer advocate |
| 75 | to personal residential property insurers; requiring the office |
| 76 | to address recommendations submitted by the consumer advocate |
| 77 | with respect to rate filings; authorizing the consumer advocate |
| 78 | to conduct certain investigations; specifying certain activities |
| 79 | as violations of the Florida Insurance Code; providing |
| 80 | penalties; authorizing the consumer advocate to research and |
| 81 | analyze certain insurance issues and prepare and disseminate |
| 82 | certain information; amending s. 627.062, F.S.; |