Florida Office of Insurance Regulation Self-Certification of Property/Casualty Personal Lines Forms Order Expires June 24; Commercial Lines Process to Begin July 1 Under SB 468

A Florida Office of Insurance Regulation (“OIR”) Order allowing for self-certification of property and casualty personal lines insurance forms expires June 24, 2013, unless it is extended or reissued by OIR.  The OIR issued a similar order pertaining to commercial lines in April 2012, also effective for one year.

However, self-certification of commercial lines forms, with the exception of workers’ compensation, will once again be allowed starting July 1, 2013, under a bill (SB 468) passed by the Legislature and signed by Governor Rick Scott this year.

Specifically, under SB 468, insurers may elect to self-certify that forms comply with Florida law instead of having to file forms and obtain OIR approval under s. 627.410, F.S., if:

• The form must be electronically submitted to the OIR in an informational filing 30 days before delivery of the form within the state.
• The informational filing must include a certification of compliance signed by the insurer’s president, chief executive officer, general counsel, or an employee of the insurer responsible for the filing on behalf of the insurer. The bill specifies the language that must be included in the certification.
• If the form is not in compliance with state laws and rules, the form filing is subject to the prior approval requirements of s. 627.410, F.S.
• For a renewal policy that contains a change, a Notice of Change in Policy Terms form must be included as a part of the informational filing.

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