CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 1908370, 2017 Fla. App. LEXIS 6518
...the order approving the rate increase was void because NCCI and OIR violated the
6
Sunshine Law under three separate statutory provisions: section
627.091(6), Florida
Statutes; section
286.011, Florida Statutes; and section
627.093, Florida Statutes.
The trial court also concluded that NCCI violated sections
627.291(1) and
119.07,
Florida Statutes, when it denied Fee access to its records....
...Second, the trial court found that
OIR delegated its authority over rate filings to NCCI, subjecting NCCI’s rate
proposal activities to the sunshine requirements of section
286.011, Florida Statutes.
7
And third, the trial court concluded that section
627.093, Florida Statutes, requires
NCCI to conduct its activities in the sunshine.
i....
...OIR did not delegate to NCCI any
13
authority to carry out an agency function required to be performed in the sunshine.
Thus, Fee’s argument under section
286.011 fails.
iii. Section
627.093, Florida Statutes
The trial court also concluded, without any argument by the parties, that NCCI
was subject to the sunshine pursuant to section
627.093, Florida Statutes....
...This
statute provides as follows: “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.” §
627.093, Fla....
...organization”; (2) an “interpretation of any statistical data”; 4 (3) “[t]he experience
of other insurers or rating organizations;” or (4) “[a]ny other factors which the
insurer or rating organization deems relevant.” §
627.091(2), Fla. Stat. (2015).
Reading section
627.093 in conjunction with the statutory definition of a rate filing,
4
We note that if OIR requests an examination of the underlying statistical data for a
certain rate filing, this information would not be subject to public disclosure due to
the exemptions described in section
624.319, Florida Statutes (2015).
14
it is clear that the sunshine requirements of section
627.093 do not apply to NCCI
beyond the rate filing itself....
