(1) Subject to the rating provisions of this code, the commission must adopt a rule specifying the premium to be charged in this state by title insurers for the respective types of title insurance contracts and, for policies issued through agents or agencies, the percentage of such premium required to be retained by the title insurer which shall not be less than 30 percent. However, in a transaction subject to the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. ss. 2601 et seq., as amended, no portion of the premium attributable to providing a primary title service shall be paid to or retained by any person who does not actually perform or is not liable for the performance of such service.

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   (2) In adopting premium rates, the commission must give due consideration to the following:

   (a)() The title insurers’ loss experience and prospective loss experience under closing protection letters and policy liabilities.

   (b)() A reasonable margin for underwriting profit and contingencies, including contingent liability under s. 627.7865, sufficient to allow title insurers, agents, and agencies to earn a rate of return on their capital that will attract and retain adequate capital investment in the title insurance business and maintain an efficient title insurance delivery system.

   (c)() Past expenses and prospective expenses for administration and handling of risks.

   (d)() Liability for defalcation.

   (e)() Other relevant factors.

   (3) Rates may be grouped by classification or schedule and may differ as to class of risk assumed.

   (4) Rates may not be excessive, inadequate, or unfairly discriminatory.

   (5) The premium applies to each $100 of insurance issued to an insured.

   (6) The premium rates apply throughout this state.

   (7) The commission shall, in accordance with the standards provided in subsection (2), review the premium as needed, but not less frequently than once every 3 years, and shall, based upon the review required by this subsection, revise the premium if the results of the review so warrant.

   (8) The commission may, by rule, require licensees under this part to annually submit statistical information, including loss and expense data, as the department determines to be necessary to analyze premium rates, retention rates, and the condition of the title insurance industry.

s. 8, ch. 65-359; ss. 13, 35, ch. 69-106; s. 3, ch. 76-1