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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB's 2860 & 1196

790708

CHAMBER ACTION

Senate

Comm: RE

4/8/2008

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House



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The Committee on General Government Appropriations (Alexander)

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recommended the following amendment to amendment (924300):

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     Senate Amendment (with title amendment)

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     Delete line(s) 607

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and insert:

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     (6)(a) If an insurer requests an administrative hearing

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pursuant to s. 120.57 related to a rate filing under this

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section, the director of the Division of Administrative Hearings

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shall expedite the hearing and assign an administrative law judge

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who shall commence the hearing within 30 days after the receipt

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of the formal request and shall enter a recommended order within

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30 days after the hearing or within 30 days after receipt of the

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hearing transcript by the administrative law judge, whichever is

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later. Each party shall be allowed 10 days in which to submit

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written exceptions to the recommended order. The office shall

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enter a final order within 30 days after the entry of the

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recommended order. The provisions of this paragraph may be waived

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upon stipulation of all parties.

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     (b) Upon entry of a final order, the insurer may request a

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expedited appellate review pursuant to the Florida Rules of

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Appellate Procedure. It is the intent of the Legislature that the

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First District Court of Appeal grant an insurer's request for an

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expedited appellate review.

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     (c) If, in any administrative hearing under s. 120.57,

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2752

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and insert:

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by the insurer; requiring the Division of Administrative

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Hearings to expedite a hearing request by an insurer and

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for the administrative law judge to commence the hearing

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within a specified time; establishing time limits for

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entry of a recommended order, for parties to submit

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written exceptions, and for the office to enter a final

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order, subject to waiver by all parties; authorizing an

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insurer to request an expedited appellate review pursuant

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to the Florida Rules of Appellate Procedure; expressing

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legislative intent for an expedited appellate review;

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requiring an administrative law judge in a

4/7/2008  8:44:00 PM     17-06899-08

CODING: Words stricken are deletions; words underlined are additions.

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