| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendments) |
| 4 | Remove lines 479-503, and insert: |
| 5 | Section 6. Section 627.0613, Florida Statutes, as amended |
| 6 | by chapter 2007-1, Laws of Florida, is amended to read: |
| 7 | 627.0613 Consumer advocate.--The Chief Financial Officer |
| 8 | must appoint a consumer advocate who must represent the general |
| 9 | public of the state before the department and the office. The |
| 10 | consumer advocate must report directly to the Chief Financial |
| 11 | Officer, but is not otherwise under the authority of the |
| 12 | department or of any employee of the department. The consumer |
| 13 | advocate has such powers as are necessary to carry out the |
| 14 | duties of the office of consumer advocate, including, but not |
| 15 | limited to, the powers to: |
| 16 | (1) Recommend to the department or office, by petition, |
| 17 | the commencement of any proceeding or action; appear in any |
| 18 | proceeding or action before the department or office, including |
| 19 | appeals arising from such proceedings or actions; and intervene |
| 20 | or appear in any proceeding before the Division of |
| 21 | Administrative Hearings or arbitration panel specified in s. |
| 22 | 627.062(6) relating to subject matter under the jurisdiction of |
| 23 | the department or office. |
| 24 | (2) Have access to and use of all files, records, and data |
| 25 | of the department or office. |
| 26 | (3) Examine rate and form filings submitted to the office, |
| 27 | hire consultants as necessary to aid in the review process, and |
| 28 | recommend to the department or office any position deemed by the |
| 29 | consumer advocate to be in the public interest. In approving a |
| 30 | rate form filing, the office shall accept or reject each |
| 31 | recommendation submitted by the consumer advocate. |
| 32 | (4) Prepare an annual report card for each authorized |
| 33 | personal residential property insurer, on a form and using a |
| 34 | letter-grade scale developed by the commission by rule, which |
| 35 | grades each insurer based on the following factors: |
| 36 | (a) The number, as a market share ratio, and nature of |
| 37 | consumer complaints received by the department against the |
| 38 | insurer. |
| 39 | (b) The disposition of all complaints received by the |
| 40 | department. |
| 41 | (c) The average length of time for payment of claims by |
| 42 | the insurer. |
| 43 | (d) Any other factors the commission identifies as |
| 44 | assisting policyholders in making informed choices about |
| 45 | homeowner's insurance. |
| 46 | (5) Prepare an annual budget for presentation to the |
| 47 | Legislature by the department, which budget must be adequate to |
| 48 | carry out the duties of the office of consumer advocate. |
| 49 | (6) Examine or investigate any insurance pattern or |
| 50 | practice relating to unfair trade practices, unfair claims- |
| 51 | handling practices, deceptive or misleading sales practices, or |
| 52 | coercion or intimidation of insurance consumers. Prior to |
| 53 | initiating such an examination or investigation, the consumer |
| 54 | advocate shall notify the insurer of the practice at issue and |
| 55 | give the insurer the opportunity to describe the insurer's |
| 56 | actual practices or otherwise resolve the consumer advocate's |
| 57 | advocate's questions. The consumer advocate shall comply |
| 58 | with s. 624.319 when inquiring about, investigating, or |
| 59 | examining an insurer's books, records, and customer information. |
| 60 | Failure to provide the consumer advocate with any requested |
| 61 | information constitutes a violation of the Florida Insurance |
| 62 | Code. If the consumer advocate determines that regulatory action |
| 63 | is warranted, he or she shall refer the investigation to the |
| 64 | office or department. If the office or department determines |
| 65 | that no regulatory action is warranted, the office or department |
| 66 | shall inform the consumer advocate, in writing, of the basis for |
| 67 | its determination. |
| 68 | (7) Research and analyze insurance issues and identify |
| 69 | industry best practices from the perspective of consumers and |
| 70 | prepare and disseminate such information as the consumer |
| 71 | advocate considers appropriate to inform or assist consumers, |
| 72 | the department, the office, and the commission. |
| 73 | =========== T I T L E A M E N D M E N T ======== |
| 74 | Remove lines 15-17, and insert: |
| 75 | F.S.; revising powers of the consumer advocate within the Office |
| 76 | of Insurance Regulation of the Department of Financial Services; |
| 77 | providing duties of the office; limiting application of certain |
| 78 | annual report card preparation powers of the consumer advocate |
| 79 | to personal residential property insurers; requiring the office |
| 80 | to address recommendations submitted by the consumer advocate |
| 81 | with respect to rate filings; authorizing the consumer advocate |
| 82 | to conduct certain examinations and investigations; providing |
| 83 | requirements for the consumer advocates; specifying certain |
| 84 | activities as violations of the Florida Insurance Code; |
| 85 | providing penalties; authorizing the consumer advocate to |
| 86 | research and analyze certain insurance issues, identify industry |
| 87 | best practices and prepare and disseminate certain information; |
| 88 | amending s. 627.062, F.S.; |