HB 4115

1	A bill to be entitled
2	An act relating to the powers of the consumer advocate;
3	amending s. 627.0613, F.S.; deleting a power of the
4	consumer advocate relating to the preparation of an annual
5	report card grading personal residential property
6	insurers; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
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,
22	the 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.
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 and nature of consumer complaints, as a
38	market share ratio, 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	(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.

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