Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for SB 1950
Barcode 878476
LEGISLATIVE ACTION
Senate . House
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Floor: 13/AD/2R .
04/27/2009 04:48 PM .
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Senators Fasano, Crist, Storms, and Lynn moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1243 - 1280
4 and insert:
5 (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.—
6 (a) With respect to any residential property rate filing
7 made on or after July 1, 2008, the office shall provide the
8 following information on a publicly accessible Internet website:
9 1.(a) The overall rate change requested by the insurer.
10 2. The rate change approved by the office along with all of
11 the actuary’s assumptions and recommendations forming the basis
12 of the office’s decision.
13 (b) For any rate filing, whether or not the filing is
14 subject to a public hearing, the office shall provide on its
15 website a means for any policyholder who may be affected by a
16 proposed rate change to send an e-mail regarding the proposed
17 rate change. Such e-mail must be accessible to the actuary
18 assigned to review the rate filing.
19 (b) All assumptions made by the office’s actuaries.
20 (c) A statement describing any assumptions or methods that
21 deviate from the actuarial standards of practice of the Casualty
22 Actuarial Society or the American Academy of Actuaries,
23 including an explanation of the nature, rationale, and effect of
24 the deviation.
25 (d) All recommendations made by any office actuary who
26 reviewed the rate filing.
27 (e) Certification by the office’s actuary that, based on
28 the actuary’s knowledge, his or her recommendations are
29 consistent with accepted actuarial principles.
30 (f) The overall rate change approved by the office.
31 (3) ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT.—It is the
32 intent of the Legislature that the principles of the public
33 records and open meetings laws apply to the assertion of
34 attorney-client privilege and work product confidentiality by
35 the office in connection with a challenge to its actions on a
36 rate filing. Therefore, in any administrative or judicial
37 proceeding relating to a rate filing, attorney-client privilege
38 and work product exemptions from disclosure do not apply to
39 communications with office attorneys or records prepared by or
40 at the direction of an office attorney, except when the
41 conditions of paragraphs (a) and (b) have been met:
42 (a) The communication or record reflects a mental
43 impression, conclusion, litigation strategy, or legal theory of
44 the attorney or office that was prepared exclusively for civil
45 or criminal litigation or adversarial administrative
46 proceedings.
47 (b) The communication occurred or the record was prepared
48 after the initiation of an action in a court of competent
49 jurisdiction, after the issuance of a notice of intent to deny a
50 rate filing, or after the filing of a request for a proceeding
51 under ss. 120.569 and 120.57.
52 Section 5. Section 627.0612, Florida Statutes, is repealed.
53
54 ================= T I T L E A M E N D M E N T ================
55 And the title is amended as follows:
56 Delete lines 51 - 54
57 and insert:
58 requiring that the Office of Insurance Regulation
59 provide certain information regarding any residential
60 property rate filing on a publicly accessible Internet
61 website; requiring that the office provide a means on
62 its website for certain persons to submit e-mail
63 regarding any rate filing; requiring that such e-mail
64 be accessible by the actuary assigned to review the
65 subject rate filing; deleting a limitation on the
66 application of the attorney-client privilege and work
67 product doctrine in challenges to actions by the
68 Office of Insurance Regulation relating to rate
69 filings; repealing s. 627.0612, F.S., relating to
70 administrative proceedings in rating determinations;
71 amending s.