Florida/Georgia Personal Injury & Workers Compensation

respect to insurance rates. Pursuant to Fla. Stat. § 627.062, insurers "must" file with the Office of Insurance

...), which provides that it is the purpose of the Insurance Code to "... promote the public welfare by regulating insurance rates ... to the end that they shall not be ... unfairly discriminatory... ." The Department also maintains that it implemented Section 627.062(1), Florida Statutes (1979), which provides: "The rates for all classes of insurance to which the provisions of this part are applicable shall not be ......

...This rule was not challenged in this proceeding and therefore will not be addressed. [4] Rule 4-43.03 refers to rulemaking authority of the Department under Sections 624.308(1) and 626.9611, Florida Statutes (1979); and as the laws being implemented Sections 626.9541(15)(h), 627.031(1)(a), 627.062(1), and 627.0651, Florida Statutes (1979)....

...terms is an integral part of the policy relationship between the insurer and the insured, and that activity is limited to entities in the insurance industry." Id. Consequently, because the conduct is also regulated by the State of Florida, Fla.Stat. § 627.062 (1993), the McCarran-Ferguson Act exemption is applicable....

...been kept, and this is an attack on the business of insurance. B. Regulated by State Law The State of Florida8 heavily regulates the insurance industry. Slagle, 102 F.3d at 497-98 (“[T]he conduct is also regulated by the State of Florida.” Fla. Stat. § 627.062 (1993)); Uniforce, 87 F.3d at 1299 n....

...The concurring opinion took note of the plurality opinion’s discussion of subdivision (8) of the statute that "appear[ed] to compel medical malpractice insurance companies to reduce their rates in response to the 2013 legislation[.]” McCall, 134 So.3d at 911 (discussing § 627.062(8), Fla....

...land, Hunter and Williams, supra note 1. [4] Id. at 164-66. [5] Id. at 193-96. [6] Id. at 150-53. [1] Section 21 of chapter 77-468 removed motor vehicle insurance from the scope of the general excessive rates provision contained in subsection (2) of section 627.062, Florida Statutes, and created new provisions dealing with excessive motor vehicle insurance rates by a new section 627.0651, Florida Statutes....

...Redner, Department of Insurance, Tallahassee, for Appellee. SMITH, Senior Judge. Fortune Insurance Company (hereafter "Fortune") appeals from a final order of the Department of Insurance (hereafter "Department"). The Department ruled that it has the authority, under Section 627.062(2)(g), Florida Statutes, to review and disapprove an insurer's rate as excessive at any time after the expiration of a period of one year following final approval by the Department, without necessity for a finding that a material misrepresentation or material error was made by the insurer in its rate filing....

...In January of 1986, the Department approved Fortune's homeowners rates in all four zones. Fortune requested no rate modification between January, 1986 and June 11, 1993, on which date Fortune filed a request for approval of an increase in rates within Zones I, II, and III, pursuant to section 627.062(2)(a)1, Florida Statutes....

...I were inadequate, and that a final order should be entered accordingly. The hearing officer further found that the rate in Zone IV was excessive. However, the hearing officer concluded, as a matter of law, that the Department had no authority under Section 627.062(2)(g) to require a decrease based upon "excessiveness." The Department filed exceptions to the recommended order with respect to certain of the hearing officer's conclusions of law....

...te, issued a final order in which it approved the hearing officer's findings of fact, but rejected the hearing officer's conclusion of law with respect to disapproval of Fortune's rates in Zone IV as excessive. Instead, the Department concluded that Section 627.062(2)(g), properly construed, authorized the Department to review and disapprove a rate as excessive where the rate had been approved either by "final approval," or after the rate had been "deemed approved." Section 627.062(2)(g) provides in pertinent part as follows: The department may at any time review a rate, rating schedule, rating manual, or *314 rate change; the pertinent records of the insurer; and market conditions....

...misrepresentation or error in the insurer's filing, if the rate has been given "final approval" by the Department. However, as to the Department's authority to find excessive any rate "deemed approved," the hearing officer found that the language of Section 627.062(2)(g) precluded such disapproval by the Department only for a period of one year from the effective date of filing, after which the Department could disapprove a rate as excessive....

...agreed, however, with the hearing officer's conclusion as to the Department's authority to disapprove as excessive a rate given "final approval." The Department concluded that under a proper interpretation, taking into account the entire language of Section 627.062(2)(g), as well as related statutory provisions, the Department had authority to also disapprove rates as excessive even though approved under the "final approval" provision, the only limitation on such authority being the same as for...

...tute its own conclusions of law for those of the hearing officer. Harloff v. City of Sarasota, 575 So.2d 1324 *315 (Fla. 2d DCA 1991); Bustillo v. Dep't of Prof. Reg., 561 So.2d 610 (Fla. 3rd DCA 1990). As above noted, the Department has interpreted section 627.062(2)(g) as authorizing its review and disapproval of an insurer's rate as excessive at any time, subject only to the limitation that after a rate has been given final approval or a rate has been deemed approved, a rate cannot be disappr...

...If at any time the department has reason to believe any such rate is excessive, inadequate, or unfairly discriminatory under the law, it is directed to take the necessary action to cause such rate to comply with the laws of this state. Consistent with the purposes expressed above, the first sentence of section 627.062(2)(g) provides that the Department may "at any time" review a rate....

...iling," is as much applicable to rates given "final approval" as to rates "deemed approved." [2] In this connection it is noteworthy that the statutory provision placing a time limit upon the Department within which it must "finalize" its review, subsection 627.062(2)(a)1 (known as the "file and use" provision), is the same provision containing the "deemed approved" language. By contrast, subsection 627.062(2)(a)2 (the "use and file" provision), contains no time limit for the Department's review and approval or disapproval of rates, and does not contain a "deemed approved" provision....

...oses of the rating law and the provision for review for excessiveness "at any time," but is also inconsistent with statutory directives enumerating factors that the Department shall consider in the reviewing process. These factors, under subsections 627.062(2)(b), 1-13, (c), (d) and (e), include among other things the insurer's loss experience; expenses; income from invested premiums; the cost of reinsurance; trend factors, including trends in actual losses; profits received in relation to the r...

...malpractice insurance premiums for physicians, and the argument and reliance by the Respondent on rate reduction statutes is misplaced. When the statutory cap on noneconomic damages was first enacted, the legislation contained a provision, codified at section 627.062(8)(a)1., Florida Statutes (2003), that simply required the Florida Office of Insurance Regulation (FLOIR) to calculate a “presumed factor that reflects the impact that the changes contained in such legislation will have on rates...

...factor, all medical malpractice insurance companies that offered coverage in Florida were directed to submit a rate filing for medical malpractice insurance that reflected “an overall rate reduction at least as great as the presumed factor.” § 627.062(8)(a)2., Fla....

...highest state as far as premiums go in all but one of the scenarios.” 2013 FLOIR Annual Report (Oct. 1, 2013) at 57-58, available at http://www.floir.com/Office/DataReports.aspx#rec (CY2012). Therefore, despite assertions that the presumed factor created in section 627.062(8)(a) caused massive rate reductions by medical malpractice insurers to pass savings onto their customers, the data suggests otherwise. Subdivision (8) was even repealed from section 627.062 in 2011, having been designated “obsolete” by the Legislature. Ch....

...setting or changing insurance rates by filing a rate proposal. OIR reviews filings seeking a rate change to determine if the proposed rate is “excessive, inadequate, or unfairly discriminatory . . . in accordance with generally accepted and reasonable actuarial techniques.” § 627.062(3)(b), Fla....

...created to act as an insurer against windstorm damage for owners of residential property in Florida who cannot obtain such coverage otherwise. When, in antecedent proceedings, a panel of three arbitrators made a decision regarding FWUA's rates under section 627.062(6), Florida Statutes (1999), the panel's decision was "treated as the final approval of a rate filing," [1] subject only to limited review in circuit court under sections 682.13 and 14, Florida Statutes (1999). In pertinent part, section 627.062(6) provides: *413 (a) After any action with respect to a rate filing that constitutes agency action for purposes of the Administrative Procedure Act, an insurer may, in lieu of demanding a hearing under s....

...ed. They share with the Department the view, which we today embrace, that the Department has never given its approval of the rate hike, and that FWUA's resort to arbitration as a means of raising rates was a "material error ... made by the insurer." § 627.062(2)(g), Fla....

...The appellants contend not only that arbitration of proposed rate increases did *414 not comply with FWUA's Plan of Operation; but also that the rate increase was invalid because no public hearing was held on the proposed increase, as allegedly required by section 627.0629(7), Florida Statutes, and Rule 4-166.051, Florida Administrative Code; and that the statutes allowing arbitration of proposed rate increases were unconstitutional because they impermissibly delegated regulatory and legislative author...

...It is necessary to address the first theory only. Under FWUA's Plan of Operation, insurance rate increases proposed by FWUA require approval by the Department of Insurance. Even after the Legislature amended the Insurance Code to provide that FWUA "may require arbitration of a rate filing under s. 627.062(6)," ch....

...(1997)), [3] the Department of Insurance, while revising FWUA's Plan of Operation in other respects, left intact provisions calling for rates "approved by the Department" and for rate increases only "upon approval of the Department." Fla. Admin.Code Ann. r. 4J-1.001 (2001). FWUA's resort to section 627.062(6), Florida Statutes (1997), after the Department of Insurance disapproved the request for rate increases FWUA filed on April 30, 1999, was not authorized, therefore, because FWUA's Plan of Operation required departmental approval or assent, not an arbitration award....

...in the form of a credit or refund," the Department of Insurance, not the circuit court, has responsibility for reviewing insurance rates and rate increases and determining whether "a rate or rate change is excessive, ... or unfairly discriminatory." § 627.062(2), Fla....

...Accordingly, we affirm the trial court's refusal to order refunds and denial of injunctive relief, but reverse the judgment and declaration insofar as it declares that "the arbitration resulted in Department approval as a matter of law," and vacate the judgment and declaration insofar as it construes section 627.0629(7), Florida Statutes, and Rule 4-166.051, Florida Administrative Code, and insofar as it adjudicates the constitutionality of certain provisions of the Florida Insurance Code....

...City of Plant City, 354 So.2d 878, 881 (Fla.1978) ("[W]e find it unnecessary to reach the constitutional question on which the trial judge ruled."). ERVIN, J., concurs; WOLF, C.J., concurs with opinion. WOLF, C.J., Concurring. I cannot agree with the reasoning of the majority. Section 627.062(6)(a), Florida Statutes (1999), requires that "[t]he department and insurer must treat the decision of the arbitrators as the final approval of a rate filing." The majority determines that the statute may not be enforced as written be...

...be enforced). The majority's determination that the plan overrides the statute is erroneous. I concur with the majority's decision, however, that the arbiter does not have final authority in the matter. I would find section 627.351(2)(b)(5)(b), and section 627.062(6), Florida Statutes, unconstitutional....

...delegation of the sovereign legislative power of the state. NOTES [1] FWUA's Plan of Operation required departmental approval, not an arbitration award. By requiring that the arbitration decision be "treated as" the final approval of a rate filing, section 627.062(6)(a) distinguished between departmental approval and an arbitration decision, and necessarily recognized them as two different things....

...Bryant & Yon, P.A., Tallahassee, for Appellees. BENTON, J. The Florida Department of Insurance (the Department) appeals dismissal of its amended complaint and motion to vacate arbitration award. It sought to overturn an *773 arbitration award under section 627.062(6), Florida Statutes (1999), which approved rate increases for homeowners' insurance policies that appellees issue....

...ners' insurance rates, averaging fifteen percent state-wide. In due course, the Department gave notice of its intent to disapprove these rate filings, which notice "constitute[d] agency action for purposes of the Administrative Procedure Act [APA]," § 627.062(2)(a)(1.), Fla. Stat. (1999), and also gave the insurance companies the statutory option "in lieu of demanding a hearing under s. 120.57, [to] require arbitration of the rate filing." § 627.062(6)(a), Fla....

...action of the department under the Administrative Procedure Act or any other provision of law; however, such rights are restored to the insurer if the arbitrators fail to render a decision within 90 days after initiation of the arbitration process. § 627.062(6), Fla....

...the parties or specified by law, no later than thirty days from the date of closing the hearing...."). III. Unhappy with the arbitrators' decision, [1] the Department "appl[ied] to the circuit court to vacate ... the decision pursuant to s. 682.13." § 627.062(6)(b), Fla....

...The Supreme Court of Florida had definitively construed section 682.13(1)(c) to require highly deferential judicial review of arbitration awards, long before the Legislature incorporated the chapter 682 arbitration and judicial review provisions in the insurance rating law, by enacting section 627.062(6), Florida Statutes (Supp....

...3d DCA 1986); McDonald v. Hardee County School Bd., 448 So.2d 593 (Fla. 2d DCA), review denied, 456 So.2d 1181 (Fla.1984); Newport Motel, Inc. v. Cobin Restaurant, Inc., 281 So.2d 234 (Fla. 3d DCA 1973). Among district court opinions articulating similar views before section 627.062(6) was enacted are Tallahassee Memorial Regional Medical Center, Inc....

...Jones, 326 So.2d 425, 435 (Fla.1975). From this presumption, of which the Legislature itself is well aware, it follows that the Legislature intended to adopt the deferential standard of review articulated in section 682.13 and explicated in the cases extant at the time section 627.062(6) was enacted....

...1st DCA 1983), and "cannot be set aside for mere errors of judgment either as to the law or as to the facts." Schnurmacher Holding, 542 So.2d at 1328 (quoting Cassara, 55 So.2d at 105). We do not decide the merits of the Department's belated contention that so construing section 627.062(6) renders it unconstitutional....

...e over objection in a civil action"; (b) by admitting evidence concerning certain mathematical models and output ranges that the Florida Commission on Hurricane Loss Projection Methodology had not found to be accurate and reliable in accordance with section 627.0628(3)(c), Florida Statutes (1999); and (c) by rendering their award after expiration of a ninety-day period supposedly mandated by section 627.062(6)(c), Florida Statutes (1999), and Florida Administrative Code Rules 4-170.127(2) and 4-170.135(1)....

...s exceeded their authority by the use they made of hearsay, and by admitting evidence of models and output ranges that had not been determined to be accurate and reliable by the Florida Commission on Hurricane Loss Projection Methodology pursuant to section 627.0628(3)(c), Florida Statutes (1999). The Department's contention that section 627.0628(3)(c) forbids arbitrators' consideration of models or output ranges not found accurate or reliable by the Florida Commission on Hurricane Loss Projection Methodology (the Commission) has no basis in the statutory language. Section 627.0628(3)(c) does not exclude evidence of any kind from rate filing arbitration proceedings....

...Kumble, 578 So.2d at 836; Tallahassee Mem'l Regional Med. Ctr., 655 So.2d at 1198; Bankers & Shippers Ins. Co. v. Gonzalez, 234 So.2d 693, 695 (Fla. 3d DCA 1970). To reiterate, the relief the Department sought was available, if at all, only under section 682.13. See § 627.062(6)(b), Fla....

...truing section 682.13(1)) (citations omitted)). If construed to authorize judicial review of a kind different from the judicial review provided by section 682.13, Florida Administrative Code Rule 4-170.131(6) would not conform to the requirements of section 627.062(6)(b)....

...Finally, the Department posits a requirement that arbitration must conclude within ninety days of the demand therefor, and contends that the case should be returned to the trial court so the Department *778 can prove that the arbitrators' award was made outside this period. But the Department misreads section 627.062(6)(c) as limiting the time for arbitration to ninety days from the date of the arbitration demand....

...t they forgo their rights under the APA (at least temporarily) if they do so. But it also provides that APA "rights are restored to the insurer if the arbitrators fail to render a decision within 90 days after initiation of the arbitration process." § 627.062(6)(c), Fla. Stat. (1999) (emphasis supplied). Once ninety days have elapsed, the insurer has the option of abandoning arbitration and requesting an administrative hearing instead. Section 627.062(6)(c) does not impose any absolute deadline for concluding arbitration....

...To construe Rule 4-170.127(2) as denying arbitrators the ability, for good cause shown, to schedule hearings more than sixty days after the demand for arbitration, would render Rule 4-170.127(2) at odds not only with section 682.13(1)(d), but also with section 627.062(6)(b), which requires that the Department's rules "not be inconsistent with the arbitration rules of the American Arbitration Association as of January 1, 1996." Under the American Arbitration Association's Rule 21, arbitrators have the authority to "set the date, time, and place for each hearing." See also Am....

...in In re Florida Windstorm Underwriting Ass'n, No. 43145-01-CO (Dep't of Ins. Sept. 5, 2001), or whether the Department has instituted proceedings to reduce the rates the insurers may charge for homeowners' policies under the arbitrators' award. See § 627.062(2)(g), Fla....

...If the department finds on a preliminary basis that a rate may be excessive, inadequate, or unfairly discriminatory, the department shall initiate proceedings to disapprove the rate...."). [2] Policy holders have filed suit in circuit court asserting that section 627.062 is unconstitutional insofar as it permits private arbitrators in effect to exercise governmental regulatory authority without providing for meaningful administrative or judicial review. They seek a declaratory judgment that section 627.062(6), Florida Statutes, violates the Florida Constitution because it provides that a rate filing arbitration decision is entitled to the same finality as all other private arbitration decisions and may only be set aside on the very limited procedural grounds provided in the Florida Arbitration Code.... [A] majority decision of the arbitrators approving an insurer's rate filing is unreviewable by the Department or the Courts. As a result, private arbitrators are empowered by § 627.062(6) to issue a decision usurping the Department's regulatory authority to determine premium rates and coverage limitations....

...We express no opinion on the merits of the policy holders' lawsuit or on the issue the policy holders raise there, because the Department failed to raise the issue at any time before filing the reply brief. [3] The language of the section is permissive. Section 627.0628(1)(c) permits an insurer to use models and output ranges adopted by the Commission without proving their accuracy or reliability, unless an objecting party shows by a preponderance of the evidence that "the way in which such standards and guidelines were applied by the insurer was erroneous." Sections 627.0628(1)(c) and (3)(c) presume the validity of actuarial methods, principles, standards, models and output ranges that the Commission adopts. Section 627.0628(3)(c), Florida Statutes (1999), provides: With respect to a rate filing under s. 627.062, an insurer may employ actuarial methods, principles, standards, models, or output ranges found by the commission to be accurate or reliable to determine hurricane loss factors for use in a rate filing under s. 627.062, which findings and factors are admissible and relevant in consideration of a rate filing by the department or in any arbitration or administrative or judicial review. But the rebuttable presumption this provision creates does not prevent an insurer or any other party from adducing other actuarial methods, principles, standards, models and output ranges. See § 627.0628(1)(c) ("It is the further intent of the Legislature that such standards and guidelines must be used by the State Board of Administration in developing reimbursement premium rates for the Florida Hurricane Catastrophe Fund, and may be used by insurers in rate filings under s. 627.062 unless the way in which such standards and guidelines were applied by the insurer was erroneous, as shown by a preponderance of the evidence." (Emphasis supplied.)). [4] Section 627.062(6)(b), Florida Statutes (1999) grants the Department authority to promulgate rules for rate arbitration as long as those rules are not "inconsistent with the arbitration rules of the American Arbitration Association as of January 1, 1...

...On July 16, 1999, the Department issued a Notice of Intent to disapprove of the rate increase in its entirety. The Department advised FWUA of its right to request a formal hearing pursuant to section 120.57(1), Florida Statutes, or alternatively, to demand arbitration under section 627.062(6), Florida Statutes. On July 29, 1999, FWUA filed its demand for arbitration of the premium rate filing under sections 627.062(6) and 627.351(2)(b)5.b. At the arbitration, the Department agreed that FWUA was in need of a rate increase, but claimed that FWUA failed to justify the increase through "generally accepted and reasonable actuarial techniques," as required by section 627.062(2)....

...ment withdrew the IFO on April 10, 2001. *1165 On September 5, 2001, the Department issued an Order to Show Cause against FWUA for implementing the new rate increases before judicial review proceedings concluded, claiming that FWUA's action violated section 627.062....

...reach. Zimmerman v. FWUA, 873 So.2d 411, 412 (Fla. 1st DCA 2004). The First District found it unnecessary to reach Appellants' arguments that: (1) the rate increase was invalid because no public hearing was held on the proposed increase pursuant to section 627.0629(7), Florida Statutes, and Rule 4-166.051, Florida Administrative Code, and (2) that statutes allowing arbitration of proposed rate increases were unconstitutional....

...Based on the foregoing, we are closing our file without further investigation or action. Appellants assert two main arguments in this appeal from OIR's finding of no probable cause. First, they argue that the July 1, 2000 rate increase was invalid because a public hearing was not held on FWUA's rate filing, as provided by section 627.0629(7), Florida Statutes (1999), and Rule 4-166.051(3), Florida Administrative Code (1999)....

...tment approval, and "the Department has never given its approval of the rate hike [at issue], and that FWUA's resort to arbitration as a means of raising rates was a `material error . . . made by the insurer.'" Zimmerman, 873 So.2d at 413-14 (citing § 627.062(2)(g), Fla....

...The court noted that "the Department of Insurance, not the circuit court, has responsibility for reviewing insurance rates and rate increases and determining whether `a rate or rate change is excessive, . . . or unfairly discriminatory.'" Id. (citing § 627.062(2), Fla....

rates provision contained in subsection (2) of section 627.062, Florida Statutes, and created new provisions

to overturn an *773arbitration award under section 627.062(6), Florida Statutes (1999), which approved

...quire the prior approval of the Department of Insurance, see § 627.091, the policy forms must also be approved by the Department, see § 627.410, and excessive, inadequate, or unfairly discriminatory rates must be disapproved by the Department, see § 627.062....

...he insurance industry. Ail of the conduct is also regulated by comprehensive statutes enacted by the State of Florida. The statute which regulates the rates set by the FWUA has been discussed above. Chapter 627, Fla.Stat., and particularly Fla.Stat. § 627.062 (1993) and such regulations as may have been adopted by the Florida Department of Insurance, regulate all other activities of Defendants with respect to the rates and terms of windstorm insurance on the open market in Florida....

...The Insurance Code provides that insurers “must” file “cop[ies] of rates, rating schedules, rating manuals, premium credits or discount schedules, and surcharge sched *1339 ules, and changes thereto” with the Office of Insurance Regulation. Fla. Stat. § 627.062 (2)(a). “Upon receiving a rate filing, the [OIR] shall 'review the filing to determine if a rate is excessive...,” in light of accepted and reasonable actual .techniques and considering 14 specified factors. Fla. Stat. § 627.062 (2)(b). If the OIR finds the rate excessive, “the office shall initiate proceedings to disapprove the rate and shall so notify the insurer.” Fla. Stat. § 627.062 (2)(g)....

...s enabling statute before Service Insurance Company, Appellee, initiated its rule challenge. We agree. For this reason, we reverse the ALJ's final order without reaching the remaining issues raised on appeal. In 1996, the Florida Legislature amended section 627.062, Florida Statutes, to *638 create an option for insurers to choose arbitration in lieu of a hearing pursuant to section 120.57, Florida Statutes, for the resolution of issues that arose when the then-existing Department of Insurance ("DOI") took agency action with respect to a rate filing. Ch. 96-194, § 4, Laws of Fla. This option, which was codified at section 627.062(6), became effective January 1, 1997. Ch. 96-194, § 4, Laws of Fla. In addition to granting insurers the right to arbitrate, the Legislature directed DOI to adopt rules for arbitration. § 627.062(6)(b), Fla....

...DOI did so, and these rules were later transferred to the Financial Services Commission and the Office of Insurance Regulation pursuant to a government reorganization statute. Ch. 2002-404, § 2, Laws of Fla.; § 20.121, Fla. Stat. (2002). In 2008, the Legislature amended section 627.062(6) to remove the arbitration option. Nevertheless, in June 2009, Appellee sought a determination from an ALJ that one of the rules adopted under the directive of the former version of section 627.062(b) was an invalid exercise of delegated legislative authority....

...Because Appellee did not file its challenge during the rule's eleven [1] years of existence, the challenge was too late, and the ALJ should have declined to review it. Consequently, we reverse. REVERSED. KAHN, LEWIS, and CLARK, JJ., concur. NOTES [1] The rule was adopted on August 31, 1997, and the amendments to section 627.062(6) eliminating the arbitration option became effective July 1, 2008.

...The Insurance Code provides that insurers “must” file “cop[ies] of rates, rating schedules, rating manuals, premium credits or discount schedules, and surcharge schedules, and changes thereto” with the Office of Insurance Regulation. Fla. Stat. § 627.062 (2)(a). “Upon receiving a rate filing, the [OIR] shall review the filing to determine if a rate is excessive ..in light of accepted and reasonable actual techniques and considering 14 specified factors. Fla. Stat. § 627.062 (2)(b). If the OIR finds the rate excessive, “the office shall initiate proceedings to disapprove the rate and shall so notify the insurer.” Fla. Stat. § 627.062 (2)(g)....

...1987)). 2 The concurring opinion took note of the plurality opinion’s discussion of subdivision (8) of the statute that “appear[ed] to compel medical malpractice insurance companies to reduce their rates in response to the 2013 legislation[.]” McCall, 134 So. 3d at 911 (discussing § 627.062(8), Fla....

...t of the policy relationship between the insurer and the insured, and that activity is limited to entities in the insurance industry." Id. Consequently, because the conduct is also regulated by the State of Florida, Fla.Stat. § 627.062 (1993), the McCarran-Ferguson Act exemption is applicable....

...On July 16,1999, the Department issued a Notice of Intent to disapprove of the rate increase in its entirety. The Department advised FWUA of its right to request a formal hearing pursuant to section 120.57(1), Florida Statutes, or alternatively, to demand arbitration under section 627.062(6), Florida Statutes. On July 29, 1999, FWUA filed its demand for arbitration of the premium rate filing under sections 627.062(6) and 627.351(2)(b)5.b. At the arbitration, the Department agreed that FWUA was in need of a rate increase, but claimed that FWUA failed to justify the increase through “generally accepted and reasonable actuarial techniques,” as required by section 627.062(2)....

...nt withdrew the IFO on April 10, 2001. *1165 On September 5, 2001, the Department issued an Order to Show Cause against FWUA for implementing the new rate increases before judicial review proceedings concluded, claiming that FWUA’s action violated section 627.062....

...each. Zimmerman v. FWUA, 873 So.2d 411, 412 (Fla. 1st DCA 2004). The First District found it unnecessary to reach Appellants’ arguments that: (1) the rate increase was invalid because no public hearing was held on the proposed increase pursuant to section 627.0629(7), Florida Statutes, and Rule 4-166.051, Florida Administrative Code, and (2) that statutes allowing arbitration of proposed rate increases were unconstitutional....

...or action. Appellants assert two main arguments in this appeal from OIR’s finding of no probable cause. First, they argue that the July 1, 2000 rate increase was invalid because a public hearing was not held on FWUA’s rate filing, as provided by section 627.0629(7), Florida Statutes (1999), and Rule 4-166.051(3), Florida Administrative Code (1999)....

...oval, and “the Department has never given its approval of the rate hike [at issue], and that FWUA’s resort to arbitration as a means of raising rates was a ‘material error ... made by the insurer.’ ” Zimmerman, 873 So.2d at 413 -14 (citing § 627.062(2)(g), Fla....

...The court noted that “the Department of Insurance, not the circuit court, has responsibility for reviewing insurance rates and rate increases and determining whether ‘a rate or rate change is excessive, ... or unfairly discriminatory.’ ” Id. (citing § 627.062(2), Fla....

...We conclude that section 627.351(6)(n)1. does not provide a point of entry for Citizens’ policyholders to seek review of final rate orders issued by OIR. Section 627.351(6)(n)1., provides: Rates for coverage provided by [Citizens] must be actuarially sound and subject to s. 627.062, except as otherwise provided in this paragraph....

...proceedings, triggering judicial review under section 120.68(1). See Sowell v. State, 136 So. 3d 1285, 1288 (Fla. 1st DCA 2014) (“Final agency action is that which brings the administrative adjudicatory process to a close.”). 7 § 627.062(6)(a), Fla....

...If OIR determines a private insurer’s proposed or charged rate 3 is excessive, inadequate, or unfairly discriminatory, OIR must notify the insurer of its intent to disapprove the rate, which constitutes “agency action” subject to administrative challenge by the insurer. 4 § 627.062(2). Under section 627.062(6)(a), when the insurer seeks administrative review of this “agency action,” the entirety of the proceeding is expedited, from the formal administrative hearing, to the administrative law judge’s recommended order, to the agency’s final order, and finally to judicial review with the appellate court. § 627.062(6)(a). Notably, Citizens’ rates were formerly established in the same manner as private insurers, but the process was amended in 2007 to omit the step whereby OIR provided notice of its intent to approve or disapprove the proposed rates....

...See 3 Private insurers may either file proposed rates for OIR’s approval before they take effect (“file and use”), or begin using the rates and make its filing for OIR’s approval within 30 days after the effective date (“use and file”). § 627.062(2)(a). 4 While we do not face the question of whether a policyholder could administratively challenge OIR’s notice of intent to approve or disapprove a private insurer’s proposed rates, we find no reported case in which this has occurred....