Fla. Admin. Code Ann. R. 69O-170.005 - Use of Filed Rates
(1) This rule
applies to all property and casualty insurance to which Section
627.062 or
627.0651, F.S.,
applies.
(2) Any rate filing made
with the Office shall elect whether rates are filed as "file and use" or "use
and file" as defined in Section
627.062(2) or
627.0651(1),
F.S.
(3) The filing of rates
requires that specific rates be filed and precludes the filing of ranges of
rates.
(4) All rate filings shall
be submitted pursuant to Rule
69O-170.013, F.A.C.
(5) For "use and file" filings, any filing
which is not made within the timelines provided by statute, e.g., the filing is
received by the Office more than 30 days after the effective date, shall result
in the Office's issuance of a Notice of Intent to disapprove.
(6)
(a)
Changing the filing designation during the review of the filing from "file and
use" to "use and file" or from "use and file" to "file and use", shall
constitute a withdrawal of the filing and require a timely resubmission under
the revised filing type as a new filing.
(b) Notwithstanding the above and following
the approval of the filing by the Office, pursuant to Section
627.062 or
627.0651, F.S., the filer may
amend the effective date for a "file and use" filing to be shorter than the 90
or 60 days indicated in Section
627.062 or
627.0651, F.S., as long as the
amended effective date is subsequent to the approval of the Office and provides
the required statutory policyholder notice.
Notes
Rulemaking Authority 624.308(1) FS. Law Implemented 624.307, 627.062, 627.0651 FS.
New 10-21-87, Formerly 4-72.005, Amended 1-27-92, Formerly 4-170.005, Amended 9-5-07.
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