The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.091

627.091 Rate filings; workers’ compensation and employer’s liability insurances.—

(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 to include deductible provisions in its manual of classifications, rules, and rates. Such deductibles shall in all cases be in a form and manner which is consistent with the underlying purpose of chapter 440.

(2) Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. When a filing is not accompanied by the information upon which the insurer supports the filing and the office does not have sufficient information to determine whether the filing meets the applicable requirements of this part, it shall within 15 days after the date of filing require the insurer to furnish the information upon which it supports the filing. The information furnished in support of a filing may include:

(a) The experience or judgment of the insurer or rating organization making the filing;

(b) Its interpretation of any statistical data it relies upon;

(d) Any other factors which the insurer or rating organization deems relevant.

(3) A filing and any supporting information shall be open to public inspection as provided in s. 119.07(1).

(4) An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the office to accept such filings in its behalf; but nothing contained in this chapter shall be construed as requiring any insurer to become a member or a subscriber to any rating organization.

(5) Pursuant to the provisions of s. 624.3161, the office may examine the underlying statistical data used in such filings.

(6) Whenever the committee of a recognized rating organization with responsibility for workers’ compensation and employer’s liability insurance rates in this state meets to discuss the necessity for, or a request for, Florida rate increases or decreases, the determination of Florida rates, the rates to be requested, and any other matters pertaining specifically and directly to such Florida rates, such meetings shall be held in this state and shall be subject to s. 286.011. The committee of such a rating organization shall provide at least 3 weeks’ prior notice of such meetings to the office and shall provide at least 14 days’ prior notice of such meetings to the public by publication in the Florida Administrative Register.

History.—s. 419, ch. 59-205; s. 5, ch. 67-9; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 20, ch. 78-300; s. 95, ch. 79-40; ss. 20, 22, ch. 80-236; ss. 2, 3, ch. 81-318; ss. 357, 806, ch. 82-243; s. 49, ch. 82-386; ss. 4, 9, 10, ch. 87-124; s. 63, ch. 91-108; s. 4, ch. 91-429; s. 1, ch. 93-289; s. 1076, ch. 2003-261; s. 53, ch. 2013-14.

F.S. 627.091 on Google Scholar

F.S. 627.091 on Casetext

Amendments to 627.091

Arrestable Offenses / Crimes under Fla. Stat. 627.091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.091.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATIONAL COUNCIL ON COMPENSATION INSURANCE, v. F. FEE, Jr., 219 So. 3d 172 (Fla. Dist. Ct. App. 2017)

. . . may examine the statistical data supporting the proposed rate, and it may hold a public hearing., §§ 627.091 . . . with OIR or joining a licensed rating organization that will file the proposals on their behalf. § 627.091 . . . void because NCCI and OIR violated the Sunshine Law under three separate statutory provisions: section 627.091 . . . First, the trial court determined ■ that NCCI violated section 627.091(6), Florida Statutes, by conducting . . . section 627.093, Floridá Statutes, requires NCCI to conduct its activities in the sunshine. i Section 627.091 . . .

CONTINENTAL CASUALTY COMPANY, v. FIRST FINANCIAL EMPLOYEE LEASING, INC., 716 F. Supp. 2d 1176 (M.D. Fla. 2010)

. . . . § 627.091(1). . . . Id. § 627.091(4). . . .

HOME QUALITY MANAGEMENT, INC. a v. ACE AMERICAN INSURANCE COMPANY, a, 381 F. Supp. 2d 1363 (S.D. Fla. 2005)

. . . . §§ 626.9541(l)(h), 627.062(1), 627.091, 627.191, 627.211, 627.410, 440.38, and 440.41. . . .

SANDWICH CHEF OF TEXAS, INC. d b a v. RELIANCE NATIONAL INDEMNITY INSURANCE COMPANY f k a, 202 F.R.D. 484 (S.D. Tex. 2001)

. . . . §§ 627.091 & 627.062 & 627.101 (West Supp.2000); GaCode Ann. § 33-9-21 (1996); Haw.Rev Stat.Ann. §§ . . .

BRISTOL HOTEL MANAGEMENT CORPORATION, v. AETNA CASUALTY SURETY COMPANY,, 20 F. Supp. 2d 1345 (S.D. Fla. 1998)

. . . Workers’ compensation rates require the prior approval of the Department of Insurance, see § 627.091, . . .

In IONOSPHERE CLUBS, INC. EASTERN AIR LINES, INC. v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA,, 85 F.3d 992 (2d Cir. 1996)

. . . . § 627.091(1). . . .

In IONOSPHERE CLUBS, INC. EASTERN AIR LINES, INC. v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA,, 85 F.3d 992 (2d Cir. 1996)

. . . . § 627.091(1). . . .

WAL- MART STORES, INC. v. R. CRIST, WAL- MART STORES, INC. v. ALEXANDER ALEXANDER,, 855 F.2d 1326 (8th Cir. 1988)

. . . . § 627.091(1) (West 1984); Ga.Code Ann. § 33-9-21(a) (1987); Ill.Stat.Ann. ch. 73 ¶ 1065.4(1) (Smith-Hurd . . .

WAL- MART STORES, INC. v. R. CRIST, WAL- MART STORES, INC. v. ALEXANDER ALEXANDER, INC., 664 F. Supp. 1242 (W.D. Ark. 1987)

. . . . § 627.091 (West 1984); Ga.Code Ann. § 34-9-130 (1982); Ill.Ann.Stat. ch. 73, ¶ 1065.4 (1965); Ind.Code . . .

INTERNATIONAL PATROL AND DETECTIVE AGENCY, INC. v. AETNA CASUALTY SURETY COMPANY, 396 So. 2d 774 (Fla. Dist. Ct. App. 1981)

. . . Sections 627.091 and 627.101, Florida Statutes (1977). . . .

IMPERIAL INDUSTRIES, INC. v. FLORIDA COMPENSATION RATING BUREAU, 387 So. 2d 1030 (Fla. Dist. Ct. App. 1980)

. . . license from the Department, the Bureau made rate filings for workmen’s compensation pursuant to Section 627.091 . . .

FLORIDA WELDING ERECTION SERVICE, INC. a v. AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON, a, 285 So. 2d 386 (Fla. 1973)

. . . . §§ 627.091 and 627.291(2), FfS.A. We therefore have jurisdiction pursuant to Fla.Const. Art. . . . insured challenges the constitutionality of the “rating” statutes involved, in two respects: (1) § 627.091 . . . means for complaints to be heard upon the manner. that the rating system filed under the preceding § 627.091 . . . Fla.Stat. § 627.091, F.S.A., when read in conjunction with Fla.Stat. § 627.-072, F.S.A., is not an improper . . . Actually, one of the sections of the insurance rating law which appellant attacks,namely, § 627.091, . . . . § 627.091, F.S.A. . . . The latter issues were: (1) whether Fla.Stat. §§ 627.091 and 627.-291(2), F.S.A., violate Fla.Const., . . . As to the first constitutional issue, it is the position of Florida Welding that both Fla.Stat. § 627.091 . . . Fla.Stat. § 627.091, F.S.A., when read in conjunction with Fla.Stat. § 627.072, F.S. . . .

TRAVELERS INDEMNITY COMPANY v. WILLIAMS,, 190 So. 2d 27 (Fla. Dist. Ct. App. 1966)

. . . . § 627.091, F.S.A. . Massachusetts Bond. & Ins. Co, v. . . .

NATIONWIDE MUTUAL INSURANCE COMPANY v. WILLIAMS,, 188 So. 2d 368 (Fla. Dist. Ct. App. 1966)

. . . Section 627.091, Florida Statutes, F.S.A., specifically provides that the “experience of other insurers . . .