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Florida Statutes, Title XXXVII

Florida/Statutes

← All Florida coverage

Title XXXVII, Insurance

19 chapters · 2,278 sections in this title.

All chapters in Title XXXVII2,278 Ch 627, Insurance Rates and Contracts626 Ch 626, Insurance Field Representatives and …368 Ch 624, Insurance Code: Administration and G…222 Ch 641, Health Care Service Programs165 Ch 634, Warranty Associations154 Ch 631, Insurer Insolvency; Guaranty of Payment150 Ch 628, Stock and Mutual Insurers; Holding C…100 Ch 633, Fire Prevention and Control89 Ch 636, Prepaid Limited Health Service Organ…79 Ch 625, Accounting, Investments, and Deposit…78 Ch 651, Continuing Care Contracts54 Ch 648, Bail Bond Agents49 Ch 629, Reciprocal Insurers35 Ch 632, Fraternal Benefit Societies35

626 sections·Filtered byTitle XXXVII✕Ch 627✕

Fla. Stat. § 627.011 Short title
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This part of this chapter may be referred to as the “Rating Law.”History.—s. 412, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 357, 809(2nd), ch. 82-243; ss. 49, 79, ch. 82-386; s. 114, ch. 92-318.
Fla. Stat. § 627.021 Scope of this part
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(1) This part of this chapter applies only to property, casualty, and surety insurances on subjects of insurance resident, located, or to be performed in this state.(2) This part does not apply to:(a) Reinsurance, except joint reinsurance as provided in s. 627.311.(b) Insurance a…
Fla. Stat. § 627.031 Purposes of this part; interpretation
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(1) The purposes of this part are:(a) To promote the public welfare by regulating insurance rates as herein provided to the end that they shall not be excessive, inadequate, or unfairly discriminatory;(b) To encourage independent action by, and reasonable price competition among,…
Fla. Stat. § 627.041 Definitions
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As used in this part:(1) “Rate” means the unit charge by which the measure of exposure or the amount of insurance specified in a policy of insurance or covered thereunder is multiplied to determine the premium.(2) “Premium” means the consideration paid or to be paid to an insurer…

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Fla. Stat. § 627.0612 Administrative proceedings in rating determinations

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(1) In any proceeding to determine whether rates, rating plans, or other matters governed by this part comply with the law, the appellate court shall set aside a final order of the office if the office has violated s. 120.57(1)(k) by substituting its findings of fact for findings…

Fla. Stat. § 627.0613 Consumer advocate

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The Chief Financial Officer must appoint a consumer advocate who must represent the general public of the state before the department and the office. The consumer advocate must report directly to the Chief Financial Officer, but is not otherwise under the authority of the departm…

Fla. Stat. § 627.062 Rate standards

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(1) The rates for all classes of insurance to which the provisions of this part are applicable may not be excessive, inadequate, or unfairly discriminatory.(2) As to all such classes of insurance:(a) Insurers or rating organizations shall establish and use rates, rating schedules…

Fla. Stat. § 627.0621 Transparency in rate regulation

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(1) DEFINITIONS.—As used in this section, the term:(a) “Rate filing” means any original or amended rate residential property insurance filing.(b) “Recommendation” means any proposed, preliminary, or final recommendation from an office actuary reviewing a rate filing with respect …

Fla. Stat. § 627.0625 Commercial property and casualty risk management plans

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(1) For the purposes of this section, the term:(a) “Commercial property insurance” means insurance as defined in s. 624.604, but limited to coverage of commercial risks, excluding windstorm coverage, flood insurance, federal crop insurance, crop hail insurance, the Pollution Liab…

Fla. Stat. § 627.0628 Florida Commission on Hurricane Loss Projection Methodology; public meetings exemption

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(1) LEGISLATIVE FINDINGS AND INTENT.—(a) Reliable projections of hurricane losses are necessary in order to assure that rates for residential property insurance meet the statutory requirement that rates be neither excessive nor inadequate. The ability to accurately project hurric…

Fla. Stat. § 627.06281 Public hurricane loss projection model; reporting of data by insurers

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(1) Within 30 days after a written request for loss data and associated exposure data by the office or the Florida International University center established to study mitigation, residential property insurers and licensed rating and advisory organizations that compile residentia…

Fla. Stat. § 627.0629 Residential property insurance; rate filings

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(1) It is the intent of the Legislature that insurers provide savings to consumers who install or implement windstorm damage mitigation techniques, alterations, or solutions to their properties to prevent windstorm losses. A rate filing for residential property insurance must inc…

Fla. Stat. § 627.06291 Excess profits of residential property insurer; return

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A residential property insurer shall return all excess profits to policyholders except as otherwise directed by the Office of Insurance Regulation. A residential property insurer shall be deemed to have earned an excess profit if its surplus exceeds its direct probable maximum lo…

Fla. Stat. § 627.06292 Reports of hurricane loss data and associated exposure data; public records exemption

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(1) Reports of hurricane loss data and associated exposure data that are specific to a particular insurance company, as reported by an insurer or a licensed rating organization to the office or to a center at a state university pursuant to s. 627.06281, are exempt from s. 119.07(…

Fla. Stat. § 627.0645 Annual filings

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(1) Each rating organization filing rates for, and each insurer writing, any line of property or casualty insurance to which this part applies, except:(a) Workers’ compensation and employer’s liability insurance;(b) Insurance as defined in ss. 624.604 and 624.605, limited to cove…

Fla. Stat. § 627.06501 Insurance discounts for certain persons completing driver improvement course

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(1) Any rate, rating schedule, or rating manual for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the office may provide for an appropriate reduction in premium charges as to such coverages when the principal ope…

Fla. Stat. § 627.0651 Making and use of rates for motor vehicle insurance

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(1) Insurers shall establish and use rates, rating schedules, or rating manuals to allow the insurer a reasonable rate of return on motor vehicle insurance written in this state. A copy of rates, rating schedules, and rating manuals, and changes therein, shall be filed with the o…

Fla. Stat. § 627.0652 Insurance discounts for certain persons completing safety course

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(1) Any rates, rating schedules, or rating manuals for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the office shall provide for an appropriate reduction in premium charges as to such coverages when the principa…

Fla. Stat. § 627.0653 Insurance discounts for specified motor vehicle equipment

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(1) Any rates, rating schedules, or rating manuals for the liability, personal injury protection, and collision coverages of a motor vehicle insurance policy filed with the office shall provide a premium discount if the insured vehicle is equipped with factory-installed, four-whe…

Fla. Stat. § 627.06535 Electric vehicles; restrictions on imposing surcharges

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An insurer may not impose a surcharge on the premium for motor vehicle insurance written on an electric vehicle, as defined in s. 320.01, if the surcharge is based on a factor such as new technology, passenger payload, weight-to-horsepower ratio, or types of materials, including …

Fla. Stat. § 627.0654 Insurance discounts for buildings with fire sprinklers

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(1) Any rates, rating schedules, or rating manuals for a new or renewal fire insurance policy for an existing or newly constructed building, whether used for commercial or residential purposes, must provide for a premium discount if a fire sprinkler system has been installed in t…

Fla. Stat. § 627.0655 Policyholder loss or expense-related premium discounts

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An insurer or person authorized to engage in the business of insurance in this state may include, in the premium charged an insured for any policy, contract, or certificate of insurance, a discount based on the fact that another policy, contract, or certificate of any type has be…

Fla. Stat. § 627.066 Excessive profits for motor vehicle insurance prohibited

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(1) As used herein:(a) “Private passenger automobile business” means that insurance business that is written on a family automobile policy, standard automobile policy, or personal automobile or similar private passenger automobile policy written for personal use, as opposed to co…

Fla. Stat. § 627.0665 Automatic bank withdrawal agreements; notification required

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Any insurer licensed to issue insurance in the state who has an automatic bank withdrawal agreement with an insured party for the payment of insurance premiums for any type of insurance shall give the named insured at least 10 days advance written notice of any increase in policy…

Fla. Stat. § 627.072 Making and use of rates

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(1) As to workers’ compensation and employer’s liability insurance, the following factors shall be used in the determination and fixing of rates:(a) The past loss experience and prospective loss experience within and outside this state;(b) The impact resulting from the past loss …

Fla. Stat. § 627.091 Rate filings; workers’ compensation and employer’s liability insurances

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(1) As to workers’ compensation and employer’s liability insurances, every insurer shall file with the office every manual of classifications, rules, and rates, every rating plan, and every modification of any of the foregoing which it proposes to use. Every insurer is authorized…

Fla. Stat. § 627.0915 Rate filings; workers’ compensation, drug-free workplace, and safe employers

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(1) The office shall approve rating plans for workers’ compensation and employer’s liability insurance that give specific identifiable consideration in the setting of rates to employers that either implement a drug-free workplace program pursuant to s. 440.102 and rules adopted u…

Fla. Stat. § 627.0916 Agricultural horse farms

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Notwithstanding any other provision of this chapter to the contrary, any rates, rating schedules, or rating manuals for workers’ compensation and employer’s liability insurance filed with the office shall provide for the rates of an agricultural horse farm engaged in breeding or …

Fla. Stat. § 627.092 Workers’ Compensation Administrator

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There is created within the office the position of Workers’ Compensation Administrator to monitor carrier practices in the field of workers’ compensation.History.—s. 21, ch. 78-300; s. 96, ch. 79-40; s. 2, ch. 81-318; ss. 357, 806, ch. 82-243; s. 49, ch. 82-386; ss. 9, 10, ch. 87…

Fla. Stat. § 627.093 Application of s. 286.011 to workers’ compensation and employer’s liability insurances

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Section 286.011 shall be applicable to every rate filing, approval or disapproval of filing, rating deviation from filing, or appeal from any of these regarding workers’ compensation and employer’s liability insurances.History.—s. 97, ch. 79-40; s. 2, ch. 81-318; ss. 357, 806, ch…

Fla. Stat. § 627.096 Workers’ Compensation Rating Bureau

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(1) There is created within the office a Workers’ Compensation Rating Bureau, which shall make an investigation and study of all insurers authorized to issue workers’ compensation and employer’s liability coverage in this state. Such bureau shall study the data, statistics, sched…

Fla. Stat. § 627.101 When filing becomes effective; workers’ compensation and employer’s liability insurances

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(1) The office shall review filings as to workers’ compensation and employer’s liability insurances as soon as reasonably possible after they have been made in order to determine whether they meet the applicable requirements of this part. If the office determines that part of a r…

Fla. Stat. § 627.111 Effective date of filing

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(1) If, pursuant to s. 627.101(2), the office determines to hold a public hearing as to a filing, or it holds such a public hearing pursuant to request therefor under s. 627.101(3), it shall give written notice thereof to the rating organization or insurer that made the filing an…

Fla. Stat. § 627.141 Subsequent disapproval of filing; workers’ compensation and employer’s liability insurances

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If at any time after a filing has been approved by it or has otherwise become effective the office finds that the filing no longer meets the requirements of this chapter, it shall issue an order specifying in what respects it finds that such filing fails to meet such requirements…

Fla. Stat. § 627.151 Basis of approval or disapproval of workers’ compensation or employer’s liability insurance filing; scope of disapproval power

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(1) In determining at any time whether to approve or disapprove a filing as to workers’ compensation or employer’s liability insurance, or to permit the filing otherwise to become effective, the office shall give consideration only to the applicable standards and factors referred…

Fla. Stat. § 627.1615 Workers’ compensation applicant discrimination

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Insurers shall not refuse to provide workers’ compensation coverage on the basis of the applicant’s premium volume.History.—s. 52, ch. 90-201; s. 50, ch. 91-1; s. 17, ch. 91-201; s. 4, ch. 91-429.

Fla. Stat. § 627.162 Requirements for premium installments; delinquency, collection, and check return charges; attorney’s fees

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(1) Insurers providing workers’ compensation coverage under chapter 440 shall provide, upon request of the employer, policies providing for the payment of premiums by installment for policies with annual premiums exceeding $1,000.(2) Insurers providing workers’ compensation cover…

Fla. Stat. § 627.171 Excess rates

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(1) With written consent of the insured signed prior to the policy inception date and filed with the insurer, the insurer may use a rate in excess of the otherwise applicable filed rate on any specific risk. The signed consent form must include the filed rate as well as the exces…

Fla. Stat. § 627.191 Adherence to filings; workers’ compensation and employer’s liability insurances

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No insurer or employee thereof, and no agent, shall make or issue a contract or policy of workers’ compensation or employer’s liability insurance except in accordance with the filings which are in effect for such insurer, as provided in the applicable provisions of this part, or …

Fla. Stat. § 627.192 Workers’ compensation insurance; employee leasing arrangements

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(1) The purpose of this section is to ensure that an employer who leases some or all of its workers properly obtains workers’ compensation insurance coverage for all of its employees, including those leased from or coemployed with another entity, and that premium paid by an emplo…

Fla. Stat. § 627.211 Deviations; workers’ compensation and employer’s liability insurances

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(1) Every member or subscriber to a rating organization shall, as to workers’ compensation or employer’s liability insurance, adhere to the filings made on its behalf by such organization; except that any such insurer may make written application to the office for permission to f…

Fla. Stat. § 627.212 Workplace safety program surcharge

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The office shall approve a rating plan for workers’ compensation coverage insurance that provides for carriers voluntarily to impose a surcharge of no more than 10 percent on the premium of a policyholder or fund member if that policyholder or fund member has been identified by t…

Fla. Stat. § 627.215 Excessive profits for commercial property and commercial casualty insurance prohibited

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(1)(a) Each insurer group writing commercial property insurance as defined in s. 627.0625, commercial umbrella liability insurance as defined in s. 627.0625, or commercial casualty insurance as defined in s. 627.0625 shall file with the office before July 1 of each year, on a for…

Fla. Stat. § 627.221 Rating organizations; licensing; fee

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(1) A person, whether located within or outside this state, may make application to the office for a license as a rating organization. As to property or inland marine insurance, the application shall be for such kinds of insurance or subdivisions thereof or classes of risk or a p…

Fla. Stat. § 627.231 Subscribers to rating organizations

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(1) Subject to rules and regulations which have been approved by the office as reasonable, each rating organization shall permit any insurer, not a member, to subscribe to its rating services. As to property and marine rating organizations, an insurer shall be so permitted to sub…

Fla. Stat. § 627.241 Notice of changes

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Every rating organization shall notify the office promptly of every change in:(1) Its constitution, its articles of agreement or association, or its certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business;(2) Its list of members a…

Fla. Stat. § 627.251 Bureau rules not to affect dividends

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No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.History.—s. 435, ch. 59-205; s. 3, ch…

Fla. Stat. § 627.261 Actuarial and technical services

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Any rating organization may subscribe for or purchase actuarial, technical, or other services; and such services shall be available to all members and subscribers without discrimination.History.—s. 436, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 357…

Fla. Stat. § 627.281 Appeal from rating organization; workers’ compensation and employer’s liability insurance filings

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(1) Any member or subscriber to a rating organization may appeal to the office from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the workers’ compensation or employer’s liability insurance filings of such ratin…

Fla. Stat. § 627.285 Independent actuarial peer review of workers’ compensation rating organization

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The Financial Services Commission shall at least once every other year contract for an independent actuarial peer review and analysis of the ratemaking processes of any licensed rating organization that makes rate filings for workers’ compensation insurance, and the rating organi…