HB 4115

A bill to be entitled
2An act relating to the powers of the consumer advocate;
3amending s. 627.0613, F.S.; deleting a power of the
4consumer advocate relating to the preparation of an annual
5report card grading personal residential property
6insurers; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Section 627.0613, Florida Statutes, is amended
11to read:
12     627.0613  Consumer advocate.-The Chief Financial Officer
13must appoint a consumer advocate who must represent the general
14public of the state before the department and the office. The
15consumer advocate must report directly to the Chief Financial
16Officer, but is not otherwise under the authority of the
17department or of any employee of the department. The consumer
18advocate has such powers as are necessary to carry out the
19duties of the office of consumer advocate, including, but not
20limited to, the powers to:
21     (1)  Recommend to the department or office, by petition,
22the commencement of any proceeding or action; appear in any
23proceeding or action before the department or office; or appear
24in any proceeding before the Division of Administrative Hearings
25relating to subject matter under the jurisdiction of the
26department or office.
27     (2)  Have access to and use of all files, records, and data
28of the department or office.
29     (3)  Examine rate and form filings submitted to the office,
30hire consultants as necessary to aid in the review process, and
31recommend to the department or office any position deemed by the
32consumer advocate to be in the public interest.
33     (4)  Prepare an annual report card for each authorized
34personal residential property insurer, on a form and using a
35letter-grade scale developed by the commission by rule, which
36grades each insurer based on the following factors:
37     (a)  The number and nature of consumer complaints, as a
38market 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
43the insurer.
44     (d)  Any other factors the commission identifies as
45assisting policyholders in making informed choices about
46homeowner's insurance.
47     (4)(5)  Prepare an annual budget for presentation to the
48Legislature by the department, which budget must be adequate to
49carry out the duties of the office of consumer advocate.
50     Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.