Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS/HB 1-A (c1)
                        Barcode 434898
                            CHAMBER ACTION
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraphs (m) and (n) of subsection (2) of
18  section 20.121, Florida Statutes, are to read:
19         20.121  Department of Financial Services.--There is
20  created a Department of Financial Services.
21         (2)  DIVISIONS.--The Department of Financial Services
22  shall consist of the following divisions: 
23         (m)  The Office of Insurance Consumer Advocate.
24         (m)(n)  The Division of Funeral, Cemetery, and Consumer
25  Services.
26         Section 2.  All of the powers, duties, functions,
27  records, personnel, and property; unexpended balances of
28  appropriations, allocations, and other funds; administrative
29  authority; administrative rules; pending issues; and existing
30  contracts of the consumer advocate and the Office of Insurance
31  Consumer Advocate are transferred by a type two transfer,
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 pursuant to s. 20.06(2), Florida Statutes, from the Chief 2 Financial Officer and the Department of Financial Services to 3 the Public Counsel. Funds shall be transferred by the 4 Department of Financial Services from the Insurance Regulatory 5 Trust Fund to the Grants and Donations Trust Fund in the 6 legislative branch for the purpose of funding the Office of 7 Insurance Consumer Advocate. The transfer amount for the 8 2006-2007 fiscal year is equal to the remaining unobligated 9 approved operating budget for the Office of Insurance Consumer 10 Advocate within the Department of Financial Services. 11 Section 3. Paragraph (b) of subsection (3) and 12 paragraph (e) of subsection (7) of section 163.01, Florida 13 Statutes, are amended, and paragraph (h) is added to 14 subsection (7) of that section, to read: 15 163.01 Florida Interlocal Cooperation Act of 1969.-- 16 (3) As used in this section: 17 (b) "Public agency" means a political subdivision, 18 agency, or officer of this state or of any state of the United 19 States, including, but not limited to, state government, 20 county, city, school district, single and multipurpose special 21 district, single and multipurpose public authority, 22 metropolitan or consolidated government, a separate legal 23 entity or administrative entity created under subsection (7), 24 an independently elected county officer, any agency of the 25 United States Government, a federally recognized Native 26 American tribe, and any similar entity of any other state of 27 the United States. 28 (7) 29 (e)1. Notwithstanding the provisions of paragraph (c), 30 any separate legal entity, created pursuant to the provisions 31 of this section and controlled by counties or municipalities 2 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 of this state, the membership of which consists or is to 2 consist only of public agencies of this state, may, for the 3 purpose of financing the provision or acquisition of liability 4 or property coverage contracts for or from one or more local 5 government liability or property pools to provide liability or 6 property coverage for counties, municipalities, or other 7 public agencies of this state, exercise all powers in 8 connection with the authorization, issuance, and sale of 9 bonds. All of the privileges, benefits, powers, and terms of 10 s. 125.01 relating to counties and s. 166.021 relating to 11 municipalities shall be fully applicable to such entity and 12 such entity shall be considered a unit of local government for 13 all of the privileges, benefits, powers, and terms of part I 14 of chapter 159. Bonds issued by such entity shall be deemed 15 issued on behalf of counties, municipalities, or public 16 agencies which enter into loan agreements with such entity as 17 provided in this paragraph. Proceeds of bonds issued by such 18 entity may be loaned to counties, municipalities, or other 19 public agencies of this state, whether or not such counties, 20 municipalities, or other public agencies are also members of 21 the entity issuing the bonds, and such counties, 22 municipalities, or other public agencies may in turn deposit 23 such loan proceeds with a separate local government liability 24 or property pool for purposes of providing or acquiring 25 liability or property coverage contracts. 26 2. Counties or municipalities of this state are 27 authorized pursuant to this section, in addition to the 28 authority provided by s. 125.01, part II of chapter 166, and 29 other applicable law, to issue bonds for the purpose of 30 acquiring liability coverage contracts from a local government 31 liability pool. Any individual county or municipality may, by 3 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 entering into interlocal agreements with other counties, 2 municipalities, or public agencies of this state, issue bonds 3 on behalf of itself and other counties, municipalities, or 4 other public agencies, for purposes of acquiring a liability 5 coverage contract or contracts from a local government 6 liability pool. Counties, municipalities, or other public 7 agencies are also authorized to enter into loan agreements 8 with any entity created pursuant to subparagraph 1., or with 9 any county or municipality issuing bonds pursuant to this 10 subparagraph, for the purpose of obtaining bond proceeds with 11 which to acquire liability coverage contracts from a local 12 government liability pool. No county, municipality, or other 13 public agency shall at any time have more than one loan 14 agreement outstanding for the purpose of obtaining bond 15 proceeds with which to acquire liability coverage contracts 16 from a local government liability pool. Obligations of any 17 county, municipality, or other public agency of this state 18 pursuant to a loan agreement as described above may be 19 validated as provided in chapter 75. Prior to the issuance of 20 any bonds pursuant to subparagraph 1. or this subparagraph for 21 the purpose of acquiring liability coverage contracts from a 22 local government liability pool, the reciprocal insurer or the 23 manager of any self-insurance program shall demonstrate to the 24 satisfaction of the Office of Insurance Regulation of the 25 Financial Services Commission that excess liability coverage 26 for counties, municipalities, or other public agencies is 27 reasonably unobtainable in the amounts provided by such pool 28 or that the liability coverage obtained through acquiring 29 contracts from a local government liability pool, after taking 30 into account costs of issuance of bonds and any other 31 administrative fees, is less expensive to counties, 4 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 municipalities, or special districts than similar commercial 2 coverage then reasonably available. 3 3. Any entity created pursuant to this section or any 4 county or municipality may also issue bond anticipation notes, 5 as provided by s. 215.431, in connection with the 6 authorization, issuance, and sale of such bonds. In addition, 7 the governing body of such legal entity or the governing body 8 of such county or municipality may also authorize bonds to be 9 issued and sold from time to time and may delegate, to such 10 officer, official, or agent of such legal entity as the 11 governing body of such legal entity may select, the power to 12 determine the time; manner of sale, public or private; 13 maturities; rate or rates of interest, which may be fixed or 14 may vary at such time or times and in accordance with a 15 specified formula or method of determination; and other terms 16 and conditions as may be deemed appropriate by the officer, 17 official, or agent so designated by the governing body of such 18 legal entity. However, the amounts and maturities of such 19 bonds and the interest rate or rates of such bonds shall be 20 within the limits prescribed by the governing body of such 21 legal entity and its resolution delegating to such officer, 22 official, or agent the power to authorize the issuance and 23 sale of such bonds. Any series of bonds issued pursuant to 24 this paragraph for liability coverage shall mature no later 25 than 7 years following the date of issuance thereof. Any 26 series of bonds issued pursuant to this paragraph for property 27 coverage shall mature no later than 30 years following the 28 date of issuance. 29 4. Bonds issued pursuant to subparagraph 1. may be 30 validated as provided in chapter 75. The complaint in any 31 action to validate such bonds shall be filed only in the 5 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Circuit Court for Leon County. The notice required to be 2 published by s. 75.06 shall be published in Leon County and in 3 each county which is an owner of the entity issuing the bonds, 4 or in which a member of the entity is located, and the 5 complaint and order of the circuit court shall be served only 6 on the State Attorney of the Second Judicial Circuit and on 7 the state attorney of each circuit in each county or 8 municipality which is an owner of the entity issuing the bonds 9 or in which a member of the entity is located. 10 5. Bonds issued pursuant to subparagraph 2. may be 11 validated as provided in chapter 75. The complaint in any 12 action to validate such bonds shall be filed in the circuit 13 court of the county or municipality which will issue the 14 bonds. The notice required to be published by s. 75.06 shall 15 be published only in the county where the complaint is filed, 16 and the complaint and order of the circuit court shall be 17 served only on the state attorney of the circuit in the county 18 or municipality which will issue the bonds. 19 6. The participation by any county, municipality, or 20 other public agency of this state in a local government 21 liability pool shall not be deemed a waiver of immunity to the 22 extent of liability coverage, nor shall any contract entered 23 regarding such a local government liability pool be required 24 to contain any provision for waiver. 25 (h)1. Notwithstanding the provisions of paragraph (c), 26 any separate legal entity consisting of an alliance, as 27 defined in s. 395.1060(2)(a), which is created pursuant to 28 this paragraph and controlled by and whose members consist of 29 the following eligible entities: special districts created 30 pursuant to a special act and having the authority to own or 31 operate one or more Florida-licensed hospitals, or 6 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Florida-licensed hospitals that are owned, operated, or funded 2 by a county or municipality, may, for the purpose of providing 3 property insurance coverage as defined in s. 395.1060(2)(c), 4 for such eligible entities, exercise all powers under this 5 subsection in connection with borrowing funds for such 6 purposes, including, without limitation, the authorization, 7 issuance, and sale of bonds, notes, or other obligations of 8 indebtedness. Borrowed funds, including bonds issued by such 9 alliance, shall be deemed issued on behalf of such eligible 10 entities that enter into loan agreements with such separate 11 entity as provided in this paragraph. 12 2. Any such separate entity shall have all the powers 13 that are provided by the interlocal agreement under which it 14 is created or that are necessary to finance, operate, or 15 manage the alliance's property insurance coverage program. 16 Proceeds of bonds, notes, or other obligations issued by such 17 an entity may be loaned to any one or more eligible entities. 18 Eligible entities are authorized to enter into loan agreements 19 with any separate entity created pursuant to this paragraph 20 for the purpose of obtaining moneys with which to finance 21 property insurance coverage or claims. Obligations of any 22 eligible entity pursuant to a loan agreement as described in 23 this paragraph may be validated as provided in chapter 75. 24 3. Any bonds, notes, or other obligations to be issued 25 or incurred by a separate entity created pursuant to this 26 paragraph shall be authorized by resolution of the governing 27 body of such entity and bear the date or dates; mature at the 28 time or times, not exceeding 30 years from their respective 29 dates; bear interest at the rate or rates, which may be fixed 30 or vary at such time or times and in accordance with a 31 specified formula or method of determination; be payable at 7 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the time or times; be in the denomination; be in the form; 2 carry the registration privileges; be executed in the manner; 3 be payable from the sources and in the medium of payment and 4 at the place; and be subject to redemption, including 5 redemption prior to maturity, as the resolution may provide. 6 The bonds, notes, or other obligations may be sold at public 7 or private sale for such price as the governing body of the 8 separate entity shall determine. The bonds may be secured by 9 such credit enhancement, if any, as the governing body of the 10 separate entity deems appropriate. The bonds may be secured by 11 an indenture of trust or trust agreement. In addition, the 12 governing body of the separate entity may delegate, to such 13 officer or official of such entity as the governing body may 14 select, the power to determine the time; manner of sale, 15 public or private; maturities; rate or rates of interest, 16 which may be fixed or may vary at such time or times and in 17 accordance with a specified formula or method of 18 determination; and other terms and conditions as may be deemed 19 appropriate by the officer or official so designated by the 20 governing body of such separate entity. However, the amounts 21 and maturities of such bonds, the interest rate or rates, and 22 the purchase price of such bonds shall be within the limits 23 prescribed by the governing body of such separate entity in 24 its resolution delegating to such officer or official the 25 power to authorize the issuance and sale of such bonds. 26 4. Bonds issued pursuant to this paragraph may be 27 validated as provided in chapter 75. The complaint in any 28 action to validate such bonds shall be filed only in the 29 Circuit Court for Leon County. The notice required to be 30 published by s. 75.06 shall be published in Leon County and in 31 each county in which an eligible entity that is a member of an 8 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 alliance is located. The complaint and order of the circuit 2 court shall be served only on the state attorney of the Second 3 Judicial Circuit and on the state attorney of each circuit in 4 each county in which an eligible entity receiving bond 5 proceeds is located. 6 5. The accomplishment of the authorized purposes of a 7 separate entity created under this paragraph is in all 8 respects for the benefit of the people of the state, for the 9 increase of their commerce and prosperity, and for the 10 improvement of their health and living conditions. Since the 11 separate entity will perform essential public functions in 12 accomplishing its purposes, the separate entity is not 13 required to pay any taxes or assessments of any kind 14 whatsoever upon any property acquired or used by it for such 15 purposes or upon any revenues at any time received by it. The 16 bonds, notes, and other obligations of such separate entity, 17 their transfer, and the income therefrom, including any 18 profits made on the sale thereof, are at all times free from 19 taxation of any kind of the state or by any political 20 subdivision or other agency or instrumentality thereof. The 21 exemption granted in this paragraph is not applicable to any 22 tax imposed by chapter 220 on interest, income, or profits on 23 debt obligations owned by corporations. 24 6. The participation by any eligible entity in an 25 alliance or a separate entity created pursuant to this 26 paragraph may not be deemed a waiver of immunity to the extent 27 of liability or any other coverage, and a contract entered 28 regarding such alliance is not required to contain any 29 provision for waiver. 30 Section 4. Paragraph (c) of subsection (4), subsection 31 (6), and paragraph (a) of present subsection (7) of section 9 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 215.555, Florida Statutes, are amended, present subsections 2 (7) through (15) of that section are redesignated as 3 subsections (8) through (16), respectively, a new subsection 4 (7) is added to that section, and subsections (17), (18), and 5 (19) are added to that section, to read: 6 215.555 Florida Hurricane Catastrophe Fund.-- 7 (4) REIMBURSEMENT CONTRACTS.-- 8 (c)1. The contract shall also provide that the 9 obligation of the board with respect to all contracts covering 10 a particular contract year shall not exceed the actual 11 claims-paying capacity of the fund up to a limit of $15 12 billion for that contract year adjusted based upon the 13 reported exposure from the prior contract year to reflect the 14 percentage growth in exposure to the fund for covered policies 15 since 2003, provided the dollar growth in the limit may not 16 increase in any year by an amount greater than the dollar 17 growth of the balance of the fund as of December 31, less any 18 premiums or interest attributable to optional coverage 19 selected by insurers pursuant to subsection (17) or subsection 20 (18), as defined by rule which occurred over the prior 21 calendar year. 22 2. In May before the start of the upcoming contract 23 year and in October during the contract year, the board shall 24 publish in the Florida Administrative Weekly a statement of 25 the fund's estimated borrowing capacity and the projected 26 balance of the fund as of December 31. After the end of each 27 calendar year, the board shall notify insurers of the 28 estimated borrowing capacity and the balance of the fund as of 29 December 31 to provide insurers with data necessary to assist 30 them in determining their retention and projected payout from 31 the fund for loss reimbursement purposes. In conjunction with 10 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the development of the premium formula, as provided for in 2 subsection (5), the board shall publish factors or multiples 3 that assist insurers in determining their retention and 4 projected payout for the next contract year. For all 5 regulatory and reinsurance purposes, an insurer may calculate 6 its projected payout from the fund as its share of the total 7 fund premium for the current contract year multiplied by the 8 sum of the projected balance of the fund as of December 31 and 9 the estimated borrowing capacity for that contract year as 10 reported under this subparagraph. 11 (6) REVENUE BONDS FOR FUNDING OBLIGATIONS OF THE 12 FLORIDA HURRICANE CATASTROPHE FUND.-- 13 (a) General provisions.-- 14 1. Upon the occurrence of a hurricane and a 15 determination that the moneys in the fund are or will be 16 insufficient to pay reimbursement at the levels promised in 17 the reimbursement contracts, the board may take the necessary 18 steps under paragraph (c) or paragraph (d) for the issuance of 19 revenue bonds for the benefit of the fund. The proceeds of 20 such revenue bonds may be used to make reimbursement payments 21 under reimbursement contracts; to refinance or replace 22 previously existing borrowings or financial arrangements; to 23 pay interest on bonds; to fund reserves for the bonds; to pay 24 expenses incident to the issuance or sale of any bond issued 25 under this section, including costs of validating, printing, 26 and delivering the bonds, costs of printing the official 27 statement, costs of publishing notices of sale of the bonds, 28 and related administrative expenses; or for such other 29 purposes related to the financial obligations of the fund as 30 the board may determine. The term of the bonds may not exceed 31 30 years. The board may pledge or authorize the corporation to 11 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 pledge all or a portion of all revenues under subsection (5) 2 and under paragraph (b) to secure such revenue bonds and the 3 board may execute such agreements between the board and the 4 issuer of any revenue bonds and providers of other financing 5 arrangements under paragraph (8)(b) (7)(b) as the board deems 6 necessary to evidence, secure, preserve, and protect such 7 pledge. If reimbursement premiums received under subsection 8 (5) or earnings on such premiums are used to pay debt service 9 on revenue bonds, such premiums and earnings shall be used 10 only after the use of the moneys derived from assessments 11 under paragraph (b). The funds, credit, property, or taxing 12 power of the state or political subdivisions of the state 13 shall not be pledged for the payment of such bonds. The board 14 may also enter into agreements under paragraph (c) or 15 paragraph (d) for the purpose of issuing revenue bonds in the 16 absence of a hurricane upon a determination that such action 17 would maximize the ability of the fund to meet future 18 obligations. 19 2. The Legislature finds and declares that the 20 issuance of bonds under this subsection is for the public 21 purpose of paying the proceeds of the bonds to insurers, 22 thereby enabling insurers to pay the claims of policyholders 23 to assure that policyholders are able to pay the cost of 24 construction, reconstruction, repair, restoration, and other 25 costs associated with damage to property of policyholders of 26 covered policies after the occurrence of a hurricane. 27 (b) Emergency assessments.-- 28 1. If the board determines that the amount of revenue 29 produced under subsection (5) is insufficient to fund the 30 obligations, costs, and expenses of the fund and the 31 corporation, including repayment of revenue bonds and that 12 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 portion of the debt service coverage not met by reimbursement 2 premiums, the board shall direct the Office of Insurance 3 Regulation to levy, by order, an emergency assessment on 4 direct premiums for all property and casualty lines of 5 business in this state, including property and casualty 6 business of surplus lines insurers regulated under part VIII 7 of chapter 626, but not including any workers' compensation 8 premiums or medical malpractice premiums. As used in this 9 subsection, the term "property and casualty business" includes 10 all lines of business identified on Form 2, Exhibit of 11 Premiums and Losses, in the annual statement required of 12 authorized insurers by s. 624.424 and any rule adopted under 13 this section, except for those lines identified as accident 14 and health insurance and except for policies written under the 15 National Flood Insurance Program. The assessment shall be 16 specified as a percentage of direct written premium and is 17 subject to annual adjustments by the board in order to meet 18 debt obligations. The same percentage shall apply to all 19 policies in lines of business subject to the assessment issued 20 or renewed during the 12-month period beginning on the 21 effective date of the assessment. 22 2. A premium is not subject to an annual assessment 23 under this paragraph in excess of 6 percent of premium with 24 respect to obligations arising out of losses attributable to 25 any one contract year, and a premium is not subject to an 26 aggregate annual assessment under this paragraph in excess of 27 10 percent of premium. An annual assessment under this 28 paragraph shall continue as long as the revenue bonds issued 29 with respect to which the assessment was imposed are 30 outstanding, including any bonds the proceeds of which were 31 used to refund the revenue bonds, unless adequate provision 13 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 has been made for the payment of the bonds under the documents 2 authorizing issuance of the bonds. 3 3. Emergency assessments shall be collected from 4 policyholders. Emergency assessments shall be remitted by 5 insurers as a percentage of direct written premium for the 6 preceding calendar quarter as specified in the order from the 7 Office of Insurance Regulation. The office shall verify the 8 accurate and timely collection and remittance of emergency 9 assessments and shall report the information to the board in a 10 form and at a time specified by the board. Each insurer 11 collecting assessments shall provide the information with 12 respect to premiums and collections as may be required by the 13 office to enable the office to monitor and verify compliance 14 with this paragraph. 15 4. With respect to assessments of surplus lines 16 premiums, each surplus lines agent shall collect the 17 assessment at the same time as the agent collects the surplus 18 lines tax required by s. 626.932, and the surplus lines agent 19 shall remit the assessment to the Florida Surplus Lines 20 Service Office created by s. 626.921 at the same time as the 21 agent remits the surplus lines tax to the Florida Surplus 22 Lines Service Office. The emergency assessment on each insured 23 procuring coverage and filing under s. 626.938 shall be 24 remitted by the insured to the Florida Surplus Lines Service 25 Office at the time the insured pays the surplus lines tax to 26 the Florida Surplus Lines Service Office. The Florida Surplus 27 Lines Service Office shall remit the collected assessments to 28 the fund or corporation as provided in the order levied by the 29 Office of Insurance Regulation. The Florida Surplus Lines 30 Service Office shall verify the proper application of such 31 emergency assessments and shall assist the board in ensuring 14 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the accurate and timely collection and remittance of 2 assessments as required by the board. The Florida Surplus 3 Lines Service Office shall annually calculate the aggregate 4 written premium on property and casualty business, other than 5 workers' compensation and medical malpractice, procured 6 through surplus lines agents and insureds procuring coverage 7 and filing under s. 626.938 and shall report the information 8 to the board in a form and at a time specified by the board. 9 5. Any assessment authority not used for a particular 10 contract year may be used for a subsequent contract year. If, 11 for a subsequent contract year, the board determines that the 12 amount of revenue produced under subsection (5) is 13 insufficient to fund the obligations, costs, and expenses of 14 the fund and the corporation, including repayment of revenue 15 bonds and that portion of the debt service coverage not met by 16 reimbursement premiums, the board shall direct the Office of 17 Insurance Regulation to levy an emergency assessment up to an 18 amount not exceeding the amount of unused assessment authority 19 from a previous contract year or years, plus an additional 4 20 percent provided that the assessments in the aggregate do not 21 exceed the limits specified in subparagraph 2. 22 6. The assessments otherwise payable to the 23 corporation under this paragraph shall be paid to the fund 24 unless and until the Office of Insurance Regulation and the 25 Florida Surplus Lines Service Office have received from the 26 corporation and the fund a notice, which shall be conclusive 27 and upon which they may rely without further inquiry, that the 28 corporation has issued bonds and the fund has no agreements in 29 effect with local governments under paragraph (c). On or after 30 the date of the notice and until the date the corporation has 31 no bonds outstanding, the fund shall have no right, title, or 15 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 interest in or to the assessments, except as provided in the 2 fund's agreement with the corporation. 3 7. Emergency assessments are not premium and are not 4 subject to the premium tax, to the surplus lines tax, to any 5 fees, or to any commissions. An insurer is liable for all 6 assessments that it collects and must treat the failure of an 7 insured to pay an assessment as a failure to pay the premium. 8 An insurer is not liable for uncollectible assessments. 9 8. When an insurer is required to return an unearned 10 premium, it shall also return any collected assessment 11 attributable to the unearned premium. A credit adjustment to 12 the collected assessment may be made by the insurer with 13 regard to future remittances that are payable to the fund or 14 corporation, but the insurer is not entitled to a refund. 15 9. When a surplus lines insured or an insured who has 16 procured coverage and filed under s. 626.938 is entitled to 17 the return of an unearned premium, the Florida Surplus Lines 18 Service Office shall provide a credit or refund to the agent 19 or such insured for the collected assessment attributable to 20 the unearned premium prior to remitting the emergency 21 assessment collected to the fund or corporation. 22 10. The exemption of medical malpractice insurance 23 premiums from emergency assessments under this paragraph is 24 repealed May 31, 2007, and medical malpractice insurance 25 premiums shall be subject to emergency assessments 26 attributable to loss events occurring in the contract years 27 commencing on June 1, 2007. 28 (c) Revenue bond issuance through counties or 29 municipalities.-- 30 1. If the board elects to enter into agreements with 31 local governments for the issuance of revenue bonds for the 16 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 benefit of the fund, the board shall enter into such contracts 2 with one or more local governments, including agreements 3 providing for the pledge of revenues, as are necessary to 4 effect such issuance. The governing body of a county or 5 municipality is authorized to issue bonds as defined in s. 6 125.013 or s. 166.101 from time to time to fund an assistance 7 program, in conjunction with the Florida Hurricane Catastrophe 8 Fund, for the purposes set forth in this section or for the 9 purpose of paying the costs of construction, reconstruction, 10 repair, restoration, and other costs associated with damage to 11 properties of policyholders of covered policies due to the 12 occurrence of a hurricane by assuring that policyholders 13 located in this state are able to recover claims under 14 property insurance policies after a covered event. 15 2. In order to avoid needless and indiscriminate 16 proliferation, duplication, and fragmentation of such 17 assistance programs, any local government may provide for the 18 payment of fund reimbursements, regardless of whether or not 19 the losses for which reimbursement is made occurred within or 20 outside of the territorial jurisdiction of the local 21 government. 22 3. The state hereby covenants with holders of bonds 23 issued under this paragraph that the state will not repeal or 24 abrogate the power of the board to direct the Office of 25 Insurance Regulation to levy the assessments and to collect 26 the proceeds of the revenues pledged to the payment of such 27 bonds as long as any such bonds remain outstanding unless 28 adequate provision has been made for the payment of such bonds 29 pursuant to the documents authorizing the issuance of such 30 bonds. 31 4. There shall be no liability on the part of, and no 17 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 cause of action shall arise against any members or employees 2 of the governing body of a local government for any actions 3 taken by them in the performance of their duties under this 4 paragraph. 5 (d) Florida Hurricane Catastrophe Fund Finance 6 Corporation.-- 7 1. In addition to the findings and declarations in 8 subsection (1), the Legislature also finds and declares that: 9 a. The public benefits corporation created under this 10 paragraph will provide a mechanism necessary for the 11 cost-effective and efficient issuance of bonds. This mechanism 12 will eliminate unnecessary costs in the bond issuance process, 13 thereby increasing the amounts available to pay reimbursement 14 for losses to property sustained as a result of hurricane 15 damage. 16 b. The purpose of such bonds is to fund reimbursements 17 through the Florida Hurricane Catastrophe Fund to pay for the 18 costs of construction, reconstruction, repair, restoration, 19 and other costs associated with damage to properties of 20 policyholders of covered policies due to the occurrence of a 21 hurricane. 22 c. The efficacy of the financing mechanism will be 23 enhanced by the corporation's ownership of the assessments, by 24 the insulation of the assessments from possible bankruptcy 25 proceedings, and by covenants of the state with the 26 corporation's bondholders. 27 2.a. There is created a public benefits corporation, 28 which is an instrumentality of the state, to be known as the 29 Florida Hurricane Catastrophe Fund Finance Corporation. 30 b. The corporation shall operate under a five-member 31 board of directors consisting of the Governor or a designee, 18 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the Chief Financial Officer or a designee, the Attorney 2 General or a designee, the director of the Division of Bond 3 Finance of the State Board of Administration, and the senior 4 employee of the State Board of Administration responsible for 5 operations of the Florida Hurricane Catastrophe Fund. 6 c. The corporation has all of the powers of 7 corporations under chapter 607 and under chapter 617, subject 8 only to the provisions of this subsection. 9 d. The corporation may issue bonds and engage in such 10 other financial transactions as are necessary to provide 11 sufficient funds to achieve the purposes of this section. 12 e. The corporation may invest in any of the 13 investments authorized under s. 215.47. 14 f. There shall be no liability on the part of, and no 15 cause of action shall arise against, any board members or 16 employees of the corporation for any actions taken by them in 17 the performance of their duties under this paragraph. 18 3.a. In actions under chapter 75 to validate any bonds 19 issued by the corporation, the notice required by s. 75.06 20 shall be published only in Leon County and in two newspapers 21 of general circulation in the state, and the complaint and 22 order of the court shall be served only on the State Attorney 23 of the Second Judicial Circuit. 24 b. The state hereby covenants with holders of bonds of 25 the corporation that the state will not repeal or abrogate the 26 power of the board to direct the Office of Insurance 27 Regulation to levy the assessments and to collect the proceeds 28 of the revenues pledged to the payment of such bonds as long 29 as any such bonds remain outstanding unless adequate provision 30 has been made for the payment of such bonds pursuant to the 31 documents authorizing the issuance of such bonds. 19 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 4. The bonds of the corporation are not a debt of the 2 state or of any political subdivision, and neither the state 3 nor any political subdivision is liable on such bonds. The 4 corporation does not have the power to pledge the credit, the 5 revenues, or the taxing power of the state or of any political 6 subdivision. The credit, revenues, or taxing power of the 7 state or of any political subdivision shall not be deemed to 8 be pledged to the payment of any bonds of the corporation. 9 5.a. The property, revenues, and other assets of the 10 corporation; the transactions and operations of the 11 corporation and the income from such transactions and 12 operations; and all bonds issued under this paragraph and 13 interest on such bonds are exempt from taxation by the state 14 and any political subdivision, including the intangibles tax 15 under chapter 199 and the income tax under chapter 220. This 16 exemption does not apply to any tax imposed by chapter 220 on 17 interest, income, or profits on debt obligations owned by 18 corporations other than the Florida Hurricane Catastrophe Fund 19 Finance Corporation. 20 b. All bonds of the corporation shall be and 21 constitute legal investments without limitation for all public 22 bodies of this state; for all banks, trust companies, savings 23 banks, savings associations, savings and loan associations, 24 and investment companies; for all administrators, executors, 25 trustees, and other fiduciaries; for all insurance companies 26 and associations and other persons carrying on an insurance 27 business; and for all other persons who are now or may 28 hereafter be authorized to invest in bonds or other 29 obligations of the state and shall be and constitute eligible 30 securities to be deposited as collateral for the security of 31 any state, county, municipal, or other public funds. This 20 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 sub-subparagraph shall be considered as additional and 2 supplemental authority and shall not be limited without 3 specific reference to this sub-subparagraph. 4 6. The corporation and its corporate existence shall 5 continue until terminated by law; however, no such law shall 6 take effect as long as the corporation has bonds outstanding 7 unless adequate provision has been made for the payment of 8 such bonds pursuant to the documents authorizing the issuance 9 of such bonds. Upon termination of the existence of the 10 corporation, all of its rights and properties in excess of its 11 obligations shall pass to and be vested in the state. 12 (e) Protection of bondholders.-- 13 1. As long as the corporation has any bonds 14 outstanding, neither the fund nor the corporation shall have 15 the authority to file a voluntary petition under chapter 9 of 16 the federal Bankruptcy Code or such corresponding chapter or 17 sections as may be in effect, from time to time, and neither 18 any public officer nor any organization, entity, or other 19 person shall authorize the fund or the corporation to be or 20 become a debtor under chapter 9 of the federal Bankruptcy Code 21 or such corresponding chapter or sections as may be in effect, 22 from time to time, during any such period. 23 2. The state hereby covenants with holders of bonds of 24 the corporation that the state will not limit or alter the 25 denial of authority under this paragraph or the rights under 26 this section vested in the fund or the corporation to fulfill 27 the terms of any agreements made with such bondholders or in 28 any way impair the rights and remedies of such bondholders as 29 long as any such bonds remain outstanding unless adequate 30 provision has been made for the payment of such bonds pursuant 31 to the documents authorizing the issuance of such bonds. 21 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 3. Notwithstanding any other provision of law, any 2 pledge of or other security interest in revenue, money, 3 accounts, contract rights, general intangibles, or other 4 personal property made or created by the fund or the 5 corporation shall be valid, binding, and perfected from the 6 time such pledge is made or other security interest attaches 7 without any physical delivery of the collateral or further act 8 and the lien of any such pledge or other security interest 9 shall be valid, binding, and perfected against all parties 10 having claims of any kind in tort, contract, or otherwise 11 against the fund or the corporation irrespective of whether or 12 not such parties have notice of such claims. No instrument by 13 which such a pledge or security interest is created nor any 14 financing statement need be recorded or filed. 15 (f) Limitation.--The Florida Hurricane Fund Finance 16 Corporation may not be used to fund obligations under 17 subsection (19). 18 (7) REVENUE BONDS FOR FUNDING OBLIGATIONS OF THE 19 FLORIDA HURRICANE EXCESS LOSS PROGRAM.-- 20 (a) General provisions.-- 21 1. Upon a determination by law that any moneys 22 dedicated or otherwise available to the Florida Hurricane 23 Excess Loss Program (FHELP) are or will be insufficient to pay 24 for the amount of the state's liability for losses under the 25 FHELP, and a designation by law of a source of revenue from 26 which appropriations will be made to satisfy loan obligations 27 or to secure bonds, the board may take the necessary steps 28 under paragraph (b) to authorize the Florida Hurricane Excess 29 Loss Program Finance Corporation to satisfy loan obligations 30 or to issue bonds for the payment of such losses. The proceeds 31 of such bonds may be used to make payments for such losses; to 22 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 refinance or replace previously existing borrowings or 2 financial arrangements; to pay interest on bonds; to fund 3 reserves for the bonds; to pay expenses incident to the 4 issuance or sale of any bond issued under this paragraph, 5 including costs of validating, printing, and delivering the 6 bonds, costs of printing the official statement, costs of 7 publishing notices of sale of the bonds, and related 8 administrative expenses; or for such other purposes related to 9 the financial obligations of the FHELP as the board may 10 determine. The term of the bonds may not exceed 30 years. The 11 board and the Florida Hurricane Excess Loss Program Finance 12 Corporation may pledge all or a portion of all revenues 13 available from appropriations from the source designated by 14 law to secure such bonds and the board may execute such 15 agreements between the board and such corporation as the board 16 considers necessary to evidence, secure, preserve, and protect 17 such pledge. The credit, property, or taxing power of the 18 state or political subdivisions of the state may not be 19 pledged for the payment of such bonds. The bonds shall be 20 payable only from revenues specifically appropriated for such 21 purpose or from any other funds or revenues of the Florida 22 Hurricane Excess Loss Program Finance Corporation which are 23 pledged for such purpose. It is the intent of the Legislature 24 that initial funding for the FHELP shall be provided from up 25 to 10 percent of state revenues, which may include covenants 26 to appropriate and budget, as may be necessary. 27 2. The Legislature finds and declares that the 28 issuance of bonds under this subsection is for the public 29 purpose of paying the proceeds of the bonds to insured 30 policyholders and to ensure that such policyholders are able 31 to pay the cost of construction, reconstruction, repair, 23 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 restoration, and other costs associated with damage to their 2 residential property after the occurrence of a hurricane, and 3 that the issuance of the bonds is essential to protect the 4 health, safety, and welfare of citizens of the state. 5 (b) Florida Hurricane Excess Loss Program Finance 6 Corporation.-- 7 1. In addition to the findings and declarations in 8 paragraph (a) and subsection (19), the Legislature also finds 9 and declares that: 10 a. The public benefits corporation created under this 11 paragraph will provide a mechanism necessary for the 12 cost-effective and efficient issuance of bonds. This mechanism 13 will eliminate unnecessary costs in the bond-issuance process, 14 thereby increasing the amounts available to pay reimbursement 15 for losses to property sustained as a result of hurricane 16 damage. 17 b. The purpose of such bonds is to fund reimbursements 18 through the FHELP to pay for the costs of construction, 19 reconstruction, repair, restoration, and other costs 20 associated with damage to properties of policyholders of 21 covered policies due to the occurrence of a hurricane. 22 c. The efficacy of the financing mechanism will be 23 enhanced by the corporation's ownership of the assessments, by 24 the insulation of the assessments from possible bankruptcy 25 proceedings, and by covenants of the state with the 26 corporation's bondholders. 27 2.a. There is created a public benefits corporation, 28 which is an instrumentality of the state, to be known as the 29 Florida Hurricane Excess Loss Program Finance Corporation. 30 b. The corporation shall operate under a five-member 31 board of directors consisting of the Governor or a designee, 24 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the Chief Financial Officer or a designee, the Attorney 2 General or a designee, the director of the Division of Bond 3 Finance of the Florida Board of Administration, and the senior 4 employee of the Florida Board of Administration responsible 5 for operations of the Florida Hurricane Catastrophe Fund. 6 c. The corporation has all of the powers of 7 corporations under chapter 607 and under chapter 617, subject 8 only to the provisions of this subsection. 9 d. The corporation may issue bonds and engage in such 10 other financial transactions as are necessary to provide 11 sufficient funds to achieve the purposes of this section. 12 e. The corporation may invest in any of the 13 investments authorized under s. 215.47. 14 f. There shall be no liability on the part of, and no 15 cause of action shall arise against, any board members or 16 employees of the corporation for any actions taken by them in 17 the performance of their duties under this paragraph. 18 3.a. In actions under chapter 75 to validate any bonds 19 issued by the corporation, the notice required by s. 75.06 20 shall be published only in Leon County and in two newspapers 21 of general circulation in the state, and the complaint and 22 order of the court shall be served only on the State Attorney 23 of the Second Judicial Circuit. 24 b. The state hereby covenants with holders of bonds of 25 the corporation that the state will not repeal or abrogate the 26 power of the board to collect the proceeds of the revenues 27 pledged to the payment of such bonds as long as any such bonds 28 remain outstanding unless adequate provision has been made for 29 the payment of such bonds pursuant to the documents 30 authorizing the issuance of such bonds. 31 4. The bonds of the corporation are not a debt of the 25 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 state or of any political subdivision, and neither the state 2 nor any political subdivision is liable on such bonds. The 3 corporation does not have the power to pledge the credit, the 4 revenues, or the taxing power of the state or of any political 5 subdivision. The credit, revenues, or taxing power of the 6 state or of any political subdivision shall not be deemed to 7 be pledged to the payment of any bonds of the corporation. 8 5.a. The property, revenues, and other assets of the 9 corporation, the transactions and operations of the 10 corporation and the income from such transactions and 11 operations, and all bonds issued under this paragraph and 12 interest on such bonds are exempt from taxation by the state 13 and any political subdivision, including the intangibles tax 14 under chapter 199 and the income tax under chapter 220. This 15 exemption does not apply to any tax imposed by chapter 220 on 16 interest, income, or profits on debt obligations owned by 17 corporations other than the Florida Hurricane Excess Loss 18 Program Finance Corporation. 19 b. All bonds of the corporation shall be and 20 constitute legal investments without limitation for all public 21 bodies of this state; for all banks, trust companies, savings 22 banks, savings associations, savings and loan associations, 23 and investment companies; for all administrators, executors, 24 trustees, and other fiduciaries; for all insurance companies 25 and associations and other persons carrying on an insurance 26 business; and for all other persons who are now or may 27 hereafter be authorized to invest in bonds or other 28 obligations of the state and shall be and constitute eligible 29 securities to be deposited as collateral for the security of 30 any state, county, municipal, or other public funds. This 31 sub-subparagraph shall be considered as additional and 26 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 supplemental authority and may not be limited without specific 2 reference to this sub-subparagraph. 3 6. The corporation and its corporate existence shall 4 continue until terminated by law; however, such law may not 5 take effect as long as the corporation has bonds outstanding 6 unless adequate provision has been made for the payment of 7 such bonds pursuant to the documents authorizing the issuance 8 of such bonds. Upon termination of the existence of the 9 corporation, all of its rights and properties in excess of its 10 obligations shall pass to and be vested in the state. 11 (c) Protection of bondholders.-- 12 1. As long as the corporation has any bonds 13 outstanding, neither the fund nor the corporation shall have 14 the authority to file a voluntary petition under chapter 9 of 15 the federal Bankruptcy Code or such corresponding chapter or 16 sections as may be in effect, from time to time, and neither 17 any public officer nor any organization, entity, or other 18 person shall authorize the fund or the corporation to be or 19 become a debtor under chapter 9 of the federal Bankruptcy Code 20 or such corresponding chapter or sections as may be in effect, 21 from time to time, during any such period. 22 2. The state hereby covenants with holders of bonds of 23 the corporation that the state will not limit or alter the 24 denial of authority under this paragraph or the rights under 25 this section vested in the fund or the corporation to fulfill 26 the terms of any agreements made with such bondholders or in 27 any way impair the rights and remedies of such bondholders as 28 long as any such bonds remain outstanding unless adequate 29 provision has been made for the payment of such bonds pursuant 30 to the documents authorizing the issuance of such bonds. 31 3. Notwithstanding any other provision of law, any 27 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 pledge of or other security interest in revenue, money, 2 accounts, contract rights, general intangibles, or other 3 personal property made or created by the fund or the 4 corporation shall be valid, binding, and perfected from the 5 time such pledge is made or other security interest attaches 6 without any physical delivery of the collateral or further act 7 and the lien of any such pledge or other security interest 8 shall be valid, binding, and perfected against all parties 9 having claims of any kind in tort, contract, or otherwise 10 against the fund or the corporation irrespective of whether or 11 not such parties have notice of such claims. No instrument by 12 which such a pledge or security interest is created nor any 13 financing statement need be recorded or filed. 14 (d) The Florida Hurricane Excess Loss Program Finance 15 Corporation may not be used to fund obligations that are 16 incurred by the coverage afforded under the Florida Hurricane 17 Catastrophe Fund, including any retention levels or 18 copayments, whether for mandatory coverage or optional 19 coverages. 20 (8)(7) ADDITIONAL POWERS AND DUTIES.-- 21 (a) The board may procure reinsurance from reinsurers 22 acceptable to the Office of Insurance Regulation for the 23 purpose of maximizing the capacity of the fund and may enter 24 into capital market transactions, including, but not limited 25 to, industry loss warranties, catastrophe bonds, side car 26 arrangements, or financial contracts permissible for the 27 board's usage under s. 215.47(10) and (11), consistent with 28 prudent management of the fund. 29 (17) TEMPORARY INCREASE IN COVERAGE LIMIT OPTIONS.-- 30 (a) Findings and intent.-- 31 1. The Legislature finds that: 28 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 a. Because of temporary disruptions in the market for 2 catastrophic reinsurance, many property insurers were unable 3 to procure sufficient amounts of such reinsurance for the 2006 4 hurricane season or were able to procure such reinsurance only 5 by incurring substantially higher costs than in prior years. 6 b. The reinsurance market problems were responsible, 7 at least in part, for substantial premium increases to many 8 consumers and increases in the number of policies issued by 9 Citizens Property Insurance Corporation. 10 c. It is likely that the reinsurance market 11 disruptions will not significantly abate prior to the 2007 12 hurricane season. 13 2. It is the intent of the Legislature to create 14 options for insurers to purchase a temporary increased 15 coverage limit above the statutorily determined limit in 16 subparagraph (4)(c)1., applicable for the 2007 and 2008 17 hurricane seasons, to address market disruptions and enable 18 insurers, at their option, to procure additional coverage from 19 the Florida Hurricane Catastrophe Fund. It is the further 20 intent of the Legislature to structure this coverage in a 21 manner that requires insurers to pay premiums that are 22 comparable to the premiums the insurer would have paid for 23 comparable reinsurance coverage but for the current emergency 24 in the reinsurance market and also in a manner that minimizes 25 subsidies from the general public over the long run by 26 providing the optional increase in coverage limit for 2 years. 27 (b) Applicability of other provisions of this 28 section.--All provisions of this section and the rules adopted 29 under this section apply to the coverage created by this 30 subsection unless specifically superseded by provisions in 31 this subsection. 29 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (c) Additional definitions.--As used in this 2 subsection, the term: 3 1. "FHCF" means Florida Hurricane Catastrophe Fund. 4 2. "FHCF reimbursement premium" means the premium paid 5 by an insurer for its coverage as a mandatory participant in 6 the FHCF, but does not include additional premiums for 7 optional coverages. 8 3. "Payout multiple" means defined as the number or 9 multiple created by dividing the statutorily defined 10 claims-paying capacity as determined in subparagraph (4)(c)1. 11 by the aggregate reimbursement premiums paid by all insurers 12 estimated or projected as of calendar year-end. 13 4. "TICL" means the temporary increase in coverage 14 limit. 15 5. "TICL options" means the temporary increase in 16 coverage options created under this subsection. 17 6. "TICL insurer" means an insurer that has opted to 18 obtain coverage under the TICL options addendum in addition to 19 the coverage provided to the insurer under its FHCF 20 reimbursement contract. 21 7. "TICL reimbursement premium" means the premium 22 charged by the fund for coverage provided under the TICL 23 option. 24 8. "TICL coverage multiple" means the coverage 25 multiple when multiplied by an insurer's reimbursement premium 26 that defines the temporary increase in coverage limit. 27 9. "TICL coverage" means the coverage for an insurer's 28 losses above the insurer's statutorily determined 29 claims-paying capacity based on the claims-paying limit in 30 subparagraph (4)(c)1., which an insurer selects as its 31 temporary increase in coverage from the fund under the TICL 30 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 options selected. A TICL insurer's increased coverage limit 2 options shall be calculated as follows: 3 a. The board shall calculate and report to each TICL 4 insurer the TICL coverage multiples based on three options for 5 increasing the insurer's FHCF coverage limit. Each TICL 6 coverage multiple shall be calculated by dividing $1 billion, 7 $2 billion, or $3 billion by the total estimated aggregate 8 FHCF reimbursement premiums for the 2007-2008 reimbursement 9 contract year and for the 2008-2009 reimbursement contract 10 year. 11 b. The TICL insurer's increased coverage shall be the 12 FHCF reimbursement premium multiplied by the TICL coverage 13 multiple. In order to determine an insurer's total limit of 14 coverage, an insurer shall add its TICL coverage multiple to 15 its payout multiple. The total shall represent a number that, 16 when multiplied by an insurer's FHCF reimbursement premium for 17 a given reimbursement contract year, defines an insurer's 18 total limit of FHCF reimbursement coverage for that 19 reimbursement contract year. 20 10. "TICL options addendum" means an addendum to the 21 reimbursement contract reflecting the obligations of the fund 22 and insurers selecting an option to increase an insurer's FHCF 23 coverage limit. 24 (d) TICL options addendum.-- 25 1. The TICL options addendum shall provide for 26 reimbursement of TICL insurers for covered events occurring 27 between June 1, 2007, and May 31, 2008, and between June 1, 28 2008, and May 31, 2009, in exchange for the TICL reimbursement 29 premium paid into the fund under paragraph (e). Any insurer 30 writing covered policies has the option of selecting an 31 increased limit of coverage under the TICL options addendum 31 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 and shall select such coverage at the time that it executes 2 the FHCF reimbursement contract. 3 2. The TICL addendum shall contain a promise by the 4 board to reimburse the TICL insurer for 45 percent, 75 5 percent, or 90 percent of its losses from each covered event 6 in excess of the insurer's retention, plus 5 percent of the 7 reimbursed losses to cover loss adjustment expenses. The 8 percentage shall be the same as the coverage level selected by 9 the insurer under paragraph (4)(b). 10 3. The TICL addendum shall provide that reimbursement 11 amounts shall not be reduced by reinsurance paid or payable to 12 the insurer from other sources. 13 4. The priorities, schedule, and method of 14 reimbursements under the TICL addendum shall be the same as 15 provided under subsection (4). 16 (e) TICL reimbursement premiums.-- 17 1. Each TICL insurer shall pay to the fund, in the 18 manner and at the time provided in the reimbursement contract 19 for payment of reimbursement premiums, a TICL reimbursement 20 premium calculated as specified in this paragraph. 21 2. Each insurer's TICL premium shall be calculated 22 based on the additional limit of increased coverage that it 23 selects. Such limit is determined by multiplying the TICL 24 multiple associated with one of the three options times the 25 insurer's FHCF reimbursement premium. For the amount of 26 increased coverage based on the option of using $1 billion to 27 derive the TICL multiple, the rate-on-line for such coverage 28 shall be 20 percent. For the option using $2 billion, the 29 rate-on-line shall be 17.5 percent and for the option using $3 30 billion, the rate-on-line shall be 15 percent. 31 (f) Effect on claims-paying capacity of the fund.--For 32 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the contract terms commencing June 1, 2007, and April 1, 2008, 2 the program created by this subsection shall increase the 3 claims-paying capacity of the fund as provided in subparagraph 4 (4)(c)1. by an amount not to exceed $3 billion dollars and 5 shall depend on the TICL coverage options selected and the 6 number of insurers that select the TICL optional coverage. The 7 additional capacity shall apply only to the additional 8 coverage provided under the TICL options and shall not 9 otherwise affect any insurer's reimbursement from the fund if 10 the insurer chooses not to select the temporary option to 11 increase its limit of coverage under the FHCF. 12 (18) FLORIDA HURRICANE EXCESS LOSS PROGRAM.-- 13 (a) The Legislature finds and declares as follows: 14 1. There is a compelling state interest in maintaining 15 a viable and orderly private-sector market for property 16 insurance in this state and ensuring that premiums for 17 property insurance are affordable. Increased premiums and 18 assessments may force policyholders to sell their homes and 19 even leave the state, which poses a serious threat to the 20 economy of the state and the essential economic value of home 21 ownership. 22 2. As a result of unprecedented levels of catastrophic 23 insured losses in recent years, and especially as a result of 24 Hurricanes Charlie, Jeanne, Francis, Ivan, Dennis, Katrina, 25 Rita, and Wilma, insurers are facing increased demands from 26 regulators, rating agencies, and investors to obtain 27 reinsurance to cover multiple catastrophic events at a time 28 when reinsurance availability has been limited, reinsurance 29 costs have substantially increased, and hurricane 30 loss-projection models are reportedly being revised to 31 increase expected hurricane losses, all causing further 33 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 disruption in the reinsurance and property insurance market. 2 3. Providing a limitation of liability on property 3 insurers above amounts that are covered by the Florida 4 Hurricane Catastrophe Fund and assuming state liability for 5 such amounts will enable insurers to limit its purchase of 6 reinsurance and limit their exposure to losses under such 7 amounts, with corresponding premium savings to residential 8 property insurance policyholders in the state. 9 (b) All provisions of this section and rules adopted 10 under this section apply to the program created by this 11 subsection, except as otherwise provided in this section or as 12 superseded by this subsection. 13 (c) As used in this subsection, the term: 14 1. "FHCF" means Florida Hurricane Catastrophe Fund. 15 2. "FHELP" means Florida Hurricane Excess Loss 16 Program. 17 3. "FHELP retention" means the sum of the insurer's 18 FHCF retention as defined in paragraph (2)(e), plus the 19 insurer's limit of FHCF coverage as determined in subparagraph 20 (4)(c)2., plus the insurer's copayments associated with the 21 coverage selected as provided for in paragraph (4)(b), 22 including the maximum limits of coverage available to the 23 insurer under the Temporary Increased Coverage Limit (TICL) 24 option pursuant to subsection (18), whether or not selected by 25 the insurer, but only for those years when the TICL option is 26 available. 27 4. "FHELP payout multiple" means the factor or number 28 derived by dividing the difference in the industry FHELP 29 coverage limit and the industry FHELP retention by the 30 estimated aggregate FHCF premium paid by all insurers for the 31 mandatory FHCF coverage for the contract year calculated at 34 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the time the premium formula is determined. 2 (d) There is created the Florida Hurricane Excess Loss 3 Program to be administered by the State Board of 4 Administration. The board may adopt such rules as are 5 reasonable and necessary to administer this subsection and 6 provide for the operation of the FHELP. The board may employ 7 or contract with such staff and professionals as the board 8 considers necessary for the administration of the FHELP. The 9 board shall administer the FHELP in conjunction with the FHCF; 10 however, in all other respects, the operation, accounts, 11 assets, liabilities, rights, and obligations of the FHELP 12 shall be segregated from those of the FHCF and shall not in 13 any way affect the operation, accounts, assets, liabilities, 14 rights, and obligations of the FHCF. Any moneys attributable 15 to the FHELP shall be subject to the same limitations and 16 investment restrictions as provide for under subsection (3). 17 (e)1. Beginning with the FHCF reimbursement contract 18 year on June 1, 2007, the board shall require a contract 19 addendum be executed by each FHCF participating insurer that 20 obligates the state to provide FHELP coverage in exchange for 21 the insurer's obligation to pay and service all claims covered 22 by FHELP. The execution of the addendum shall be a requirement 23 and a condition of doing business in this state for all 24 insurers writing covered policies. 25 2. The FHELP addendum shall require that the state 26 assume liability under the FHELP for 90 percent of losses 27 under a covered policy from each covered event in excess of 28 the insurer's FHELP retention up to the insurer's FHELP limit. 29 The insurer's FHELP limit is determined by multiplying the 30 insurer's FHCF reimbursement premium by the FHELP payout 31 multiple. The FHELP addendum shall also require that the state 35 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 reimburse the insurer for 5 percent of the reimbursed losses 2 to cover loss-adjustment expenses. 3 3. The FHELP addendum shall also provide that the 4 obligation of the board with respect to all contracts covering 5 a particular contract year shall not exceed the industry FHELP 6 coverage limit. For the 2007 contract year, the industry FHELP 7 coverage limit is $23 billion in excess of the industry FHELP 8 retention. The industry FHELP coverage limit shall be adjusted 9 each year based upon the reported exposure from the prior 10 contract year to reflect the percentage growth in exposure to 11 the fund. 12 4. The FHELP addendum shall provide that reimbursement 13 amounts shall not be reduced by reinsurance paid or payable to 14 the insurer from other sources. 15 5. The priorities, schedule, and method of 16 reimbursements under the FHELP addendum shall be the same as 17 provided under subsection (4). 18 (f) Insurers are not be required to pay premiums for 19 FHELP coverage, which shall be funded pursuant to subsection 20 (7). Such coverage shall be funded separately and apart from 21 the obligations of the Florida Hurricane Catastrophe Fund and 22 any revenue bonds issued by the Florida Hurricane Catastrophe 23 Fund Finance Corporation. 24 Section 5. (1) An insurer that elects the TEACO or 25 TICL coverage options offered by the Florida Hurricane 26 Catastrophe Fund, as required to be offered by this act, must 27 make a rate filing with the Office of Insurance Regulation, 28 pursuant to the "file and use" provisions of s. 29 627.062(2)(a)1., Florida Statutes, which reflects any savings 30 or reduction in loss exposure to the insurer. An insurer may 31 not obtain a rate increase due to the election of the TEACO or 36 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 TICL coverage options. 2 (2) All residential property insurers must make a rate 3 filing with the Office of Insurance Regulation, pursuant to 4 the "file and use" provisions of s. 627.062(2)(a)1., Florida 5 Statutes, to decrease rates to reflect the reduction in loss 6 exposure due to the state assumption of liability for 7 hurricane losses pursuant to the Florida Hurricane Excess Loss 8 Program, as created by this act. 9 (3) The office shall specify, by order, the date or 10 dates on which the rate filings required by this section must 11 be made and be effective in order to provide rate relief to 12 policyholders a soon as practicable. 13 (4) An insurer may not implement a rate change under 14 the "use and file" rate procedures of s. 627.062(2)(a)2., 15 Florida Statutes, for a period of 1 year after the effective 16 date of a rate filing required by this section for a policy 17 that is subject to such a rate filing. 18 (5) By March 15, 2007, the Office of Insurance 19 Regulation shall calculate a presumed factor to be used in the 20 rate filings required by this section to reflect the impact to 21 rates of the changes made by section 4 and this section. 22 (6) In determining the presumed factor, the Office of 23 Insurance Regulation shall use generally accepted actuarial 24 techniques and standards in determining the expected impact on 25 losses, expenses, and investment income of insurers. 26 (7) The office may contract with an appropriate vendor 27 to determine the presumed factor. 28 (8) Each residential property insurer shall reflect a 29 rate change that takes into account the presumed factor 30 determined under subsection (5) for any policy written or 31 renewed on or after June 1, 2007. 37 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (9) The sum of $250,000 in nonrecurring funds is 2 appropriated from the Insurance Regulatory Trust Fund in the 3 Department of Financial Services to the Office of Insurance 4 Regulation for the 2006-2007 fiscal year for the purpose of 5 implementing this section. 6 Section 6. Subsection (2) of section 215.5586, Florida 7 Statutes, is amended to read: 8 215.5586 Florida Comprehensive Hurricane Damage 9 Mitigation Program.--There is established within the 10 Department of Financial Services the Florida Comprehensive 11 Hurricane Damage Mitigation Program. This section does not 12 create an entitlement for property owners or obligate the 13 state in any way to fund the inspection or retrofitting of 14 residential property in this state. Implementation of this 15 program is subject to annual legislative appropriations. The 16 program shall be administered by an individual with prior 17 executive experience in the private sector in the areas of 18 insurance, business, or construction. The program shall 19 develop and implement a comprehensive and coordinated approach 20 for hurricane damage mitigation that shall include the 21 following: 22 (2) GRANTS.--Financial grants shall be used to 23 encourage single-family, site-built, owner-occupied, 24 residential property owners to protect retrofit their 25 properties to make them less vulnerable to hurricane damage. 26 (a) To be eligible for a grant, a residential property 27 must: 28 1. Have been granted a homestead exemption under 29 chapter 196. 30 2. Be a dwelling with an insured value of $500,000 or 31 less. 38 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 3. Have undergone an acceptable wind certification and 2 hurricane mitigation inspection or use hurricane-protection 3 products tested by the International Hurricane Research Center 4 at Florida International University. 5 6 A residential property which is part of a multifamily 7 residential unit may receive a grant only if all homeowners 8 participate and the total number of units does not exceed 9 four. 10 (b) All grants must be matched on a dollar-for-dollar 11 basis for a total of $10,000 for the mitigation project with 12 the state's contribution not to exceed $5,000. 13 (c) The program shall create a process in which 14 mitigation contractors agree to participate and seek 15 reimbursement from the state and homeowners select from a list 16 of participating contractors. All mitigation must be based 17 upon the securing of all required local permits and 18 inspections. Mitigation projects are subject to random 19 reinspection of up to at least 10 percent of all projects. 20 (d) Matching fund grants shall also be made available 21 to local governments and nonprofit entities for projects that 22 will reduce hurricane damage to single-family, site-built, 23 owner-occupied, residential property. 24 (e) Grants may be used for the following improvements: 25 1. Roof deck attachment; 26 2. Secondary water barrier; 27 3. Roof covering, including a weighted roof-protection 28 system that may be installed by an approved contractor or 29 homeowner; 30 4. Brace gable ends; 31 5. Reinforce roof-to-wall connections; 39 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 6. Opening protection; and 2 7. Exterior doors, including garage doors. 3 (f) Low-income homeowners, as defined in s. 4 420.0004(9), who otherwise meet the requirements of paragraphs 5 (a) and (c) are eligible for a grant of up to $5,000 and are 6 not required to provide a matching amount to receive the 7 grant. Such grants shall be used to retrofit single-family, 8 site-built, owner-occupied, residential properties in order to 9 make them less vulnerable to hurricane damage. 10 Section 7. Paragraph (a) of subsection (3) of section 11 215.559, Florida Statutes, is amended to read: 12 215.559 Hurricane Loss Mitigation Program.-- 13 (3)(a) Forty percent of the total appropriation in 14 paragraph (2)(a) shall be used to inspect and improve 15 tie-downs or other securing fixtures for mobile homes. 16 Section 8. Section 350.012, Florida Statutes, is 17 amended to read: 18 350.012 Committee on Public Service Commission and 19 Insurance Oversight; creation; membership; powers and 20 duties.-- 21 (1) There is created a standing joint committee of the 22 Legislature, designated the Committee on Public Service 23 Commission and Insurance Oversight, and composed of 12 members 24 appointed as follows: six members of the Senate appointed by 25 the President of the Senate, two of whom must be members of 26 the minority party; and six members of the House of 27 Representatives appointed by the Speaker of the House of 28 Representatives, two of whom must be members of the minority 29 party. The terms of members shall be for 2 years and shall run 30 from the organization of one Legislature to the organization 31 of the next Legislature. The President shall appoint the chair 40 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 of the committee in even-numbered years and the vice chair in 2 odd-numbered years, and the Speaker of the House of 3 Representatives shall appoint the chair of the committee in 4 odd-numbered years and the vice chair in even-numbered years, 5 from among the committee membership. Vacancies shall be filled 6 in the same manner as the original appointment. Members shall 7 serve without additional compensation, but shall be reimbursed 8 for expenses. 9 (2) The committee shall: 10 (a) Recommend to the Governor nominees to fill a 11 vacancy on the Public Service Commission, as provided by 12 general law; and 13 (b) Appoint a Public Counsel as provided by general 14 law; and. 15 (c) Confirm or reject the appointment by the Chief 16 Financial Officer of the Insurance Consumer Advocate, as 17 provided in s. 350.0615. 18 (3) The committee is authorized to file a complaint 19 with the Commission on Ethics alleging a violation of this 20 chapter by a commissioner, former commissioner, former 21 commission employee, or member of the Public Service 22 Commission Nominating Council. 23 (4) The committee will not have a permanent staff, but 24 the President of the Senate and the Speaker of the House of 25 Representatives shall select staff members from among existing 26 legislative staff, when and as needed. 27 Section 9. Section 350.0611, Florida Statutes, is 28 amended to read: 29 350.0611 Public Counsel; duties and powers.--It shall 30 be the duty of the Public Counsel to provide legal 31 representation for the people of the state in proceedings 41 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 before the commission and in proceedings before counties 2 pursuant to s. 367.171(8). The Public Counsel shall have such 3 powers as are necessary to carry out the duties of his or her 4 office, including, but not limited to, the following specific 5 powers: 6 (1) To recommend to the commission or the counties, by 7 petition, the commencement of any proceeding or action or to 8 appear, in the name of the state or its citizens, in any 9 proceeding or action before the commission or the counties and 10 urge therein any position which he or she deems to be in the 11 public interest, whether consistent or inconsistent with 12 positions previously adopted by the commission or the 13 counties, and utilize therein all forms of discovery available 14 to attorneys in civil actions generally, subject to protective 15 orders of the commission or the counties which shall be 16 reviewable by summary procedure in the circuit courts of this 17 state; 18 (2) To have access to and use of all files, records, 19 and data of the commission or the counties available to any 20 other attorney representing parties in a proceeding before the 21 commission or the counties; 22 (3) In any proceeding in which he or she has 23 participated as a party, to seek review of any determination, 24 finding, or order of the commission or the counties, or of any 25 hearing examiner designated by the commission or the counties, 26 in the name of the state or its citizens; 27 (4) To prepare and issue reports, recommendations, and 28 proposed orders to the commission, the Governor, and the 29 Legislature on any matter or subject within the jurisdiction 30 of the commission, and to make such recommendations as he or 31 she deems appropriate for legislation relative to commission 42 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 procedures, rules, jurisdiction, personnel, and functions; and 2 (5) To appear before other state agencies, federal 3 agencies, and state and federal courts in connection with 4 matters under the jurisdiction of the commission, in the name 5 of the state or its citizens; and. 6 (6) To represent, through the Insurance Consumer 7 Advocate, the general public of the state on matters related 8 to the regulation of insurance before the Office of Insurance 9 Regulation, the Department of Financial Services, and the 10 Financial Services Commission, as provided in s. 350.0615. 11 Section 10. Section 350.0613, Florida Statutes, is 12 amended to read: 13 350.0613 Public Counsel; employees; receipt of 14 pleadings.--The committee may authorize the Public Counsel to 15 employ clerical and technical assistants whose qualifications, 16 duties, and responsibilities the committee shall from time to 17 time prescribe. The committee may from time to time authorize 18 retention of the services of additional attorneys, actuaries, 19 economists, or experts to the extent that the best interests 20 of the people of the state will be better served thereby, 21 including the retention of expert witnesses and other 22 technical personnel for participation in contested proceedings 23 before the Public Service Commission, the Office of Insurance 24 Regulation, the Department of Financial Services, or the 25 Financial Services Commission. The Public Service Commission 26 shall furnish the Public Counsel with copies of the initial 27 pleadings in all proceedings before the commission. The Office 28 of Insurance Regulation, the Financial Services Commission, 29 and the Department of Financial Services shall furnish the 30 Public Counsel with copies of all filings, as requested by the 31 Public Counsel or under such criteria as requested by the 43 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Public Counsel, which relate to the jurisdiction of the 2 Insurance Consumer Advocate pursuant to s. 350.0615., and If 3 the Public Counsel or Insurance Consumer Advocate intervenes 4 as a party in any proceeding he or she shall be served with 5 copies of all subsequent pleadings, exhibits, and prepared 6 testimony, if used. Upon filing notice of intervention, the 7 Public Counsel or Insurance Consumer Advocate shall serve all 8 interested parties with copies of such notice and all of his 9 or her subsequent pleadings and exhibits. 10 Section 11. Section 350.0615, Florida Statutes, is 11 created to read: 12 350.0615 Insurance Consumer Advocate.--The Chief 13 Financial Officer shall appoint the Insurance Consumer 14 Advocate, who shall be subject to confirmation by the 15 Committee on Public Service Commission and Insurance 16 Oversight. The Insurance Consumer Advocate shall represent the 17 general public of the state on matters related to the 18 regulation of insurance before the Office of Insurance 19 Regulation, the Department of Financial Services, and the 20 Financial Services Commission. The Insurance Consumer Advocate 21 shall report directly to and be engaged as an employee of the 22 Public Counsel as a Deputy Public Counsel. The Public Counsel 23 shall provide administrative and staff support to the 24 Insurance Consumer Advocate. The Insurance Consumer Advocate 25 has all powers that are necessary to carry out his or her 26 duties, including, but not limited to, the powers to: 27 (1) Recommend to the office, department, or 28 commission, by petition, the commencement of any proceeding or 29 action; to appear in any proceeding or action before the 30 office, department, or commission; and to appear in any 31 proceeding before the Division of Administrative Hearings 44 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 relating to insurance matters under the jurisdiction of the 2 office, department, or commission. 3 (2) Have access to and use of all files, records, and 4 data of the office, department, or commission. 5 (3) Examine all rate and form filings submitted to the 6 office, hire consultants as necessary to aid in the review 7 process, and recommend to the office, department, commission, 8 or Legislature any position considered by the Insurance 9 Consumer Advocate to be in the public interest. 10 Section 12. Section 395.1060, Florida Statutes, is 11 created to read: 12 395.1060 Risk pooling by certain hospitals and 13 hospital systems.-- 14 (1) Notwithstanding any other provision of law, any 15 two or more Florida-licensed hospitals located in this state 16 may form an alliance for the purpose of pooling and spreading 17 liabilities of its members relative to property exposure or 18 securing such property insurance coverage for the benefit of 19 its members, provided the alliance that is created must: 20 (a) Have annual premiums in excess of $3 million; 21 (b) Maintain a continuing program of premium 22 calculation and evaluation and reserve evaluation to protect 23 the financial stability of the alliance in an amount and 24 manner determined by consultants using catastrophic (CAT) 25 modeling criteria or other risk-estimating methodologies, 26 including those used by qualified and independent actuaries; 27 (c) Cause to be prepared annually a fiscal year-end 28 financial statement in accordance with generally accepted 29 accounting principles and audited by an independent certified 30 public accountant within 6 months after the end of the fiscal 31 year; and 45 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (d) Have a governing body comprised entirely of member 2 entities whose representatives on such governing body are 3 specified by the organizational documents of the alliance. 4 (2) For purposes of this section, the term: 5 (a) "Alliance" means a corporation, association, 6 limited liability company, or partnership or any other legal 7 entity formed by a group of eligible entities. 8 (b) "Property coverage" means coverage provided by 9 self-insurance or insurance for real or personal property of 10 every kind and every interest in such property against loss or 11 damage from any hazard or cause and against any loss 12 consequential to such loss or damage. 13 (3) An alliance that meets the requirements of this 14 section is not subject to any provision of the Florida 15 Insurance Code. 16 (4) An alliance that meets the requirements of this 17 section is not an insurer for purposes of participation in or 18 coverage by the Florida Insurance Guaranty Association 19 established in part II of chapter 631. Alliance self-insured 20 coverage is not subject to insurance premium tax, nor shall 21 any such alliance pursuant to this section be assessed for 22 purposes of s. 627.351 or s. 215.555. 23 Section 13. Section 553.73, Florida Statutes, is 24 amended to read: 25 553.73 Florida Building Code.-- 26 (1)(a) The commission shall adopt, by rule pursuant to 27 ss. 120.536(1) and 120.54, the Florida Building Code which 28 shall contain or incorporate by reference all laws and rules 29 which pertain to and govern the design, construction, 30 erection, alteration, modification, repair, and demolition of 31 public and private buildings, structures, and facilities and 46 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 enforcement of such laws and rules, except as otherwise 2 provided in this section. 3 (b) The technical portions of the Florida 4 Accessibility Code for Building Construction shall be 5 contained in their entirety in the Florida Building Code. The 6 civil rights portions and the technical portions of the 7 accessibility laws of this state shall remain as currently 8 provided by law. Any revision or amendments to the Florida 9 Accessibility Code for Building Construction pursuant to part 10 II shall be considered adopted by the commission as part of 11 the Florida Building Code. Neither the commission nor any 12 local government shall revise or amend any standard of the 13 Florida Accessibility Code for Building Construction except as 14 provided for in part II. 15 (c) The Florida Fire Prevention Code and the Life 16 Safety Code shall be referenced in the Florida Building Code, 17 but shall be adopted, modified, revised, or amended, 18 interpreted, and maintained by the Department of Financial 19 Services by rule adopted pursuant to ss. 120.536(1) and 20 120.54. The Florida Building Commission may not adopt a fire 21 prevention or lifesafety code, and nothing in the Florida 22 Building Code shall affect the statutory powers, duties, and 23 responsibilities of any fire official or the Department of 24 Financial Services. 25 (d) Conflicting requirements between the Florida 26 Building Code and the Florida Fire Prevention Code and Life 27 Safety Code of the state established pursuant to ss. 633.022 28 and 633.025 shall be resolved by agreement between the 29 commission and the State Fire Marshal in favor of the 30 requirement that offers the greatest degree of lifesafety or 31 alternatives that would provide an equivalent degree of 47 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 lifesafety and an equivalent method of construction. If the 2 commission and State Fire Marshal are unable to agree on a 3 resolution, the question shall be referred to a mediator, 4 mutually agreeable to both parties, to resolve the conflict in 5 favor of the provision that offers the greatest lifesafety, or 6 alternatives that would provide an equivalent degree of 7 lifesafety and an equivalent method of construction. 8 (e) Subject to the provisions of this act, 9 responsibility for enforcement, interpretation, and regulation 10 of the Florida Building Code shall be vested in a specified 11 local board or agency, and the words "local government" and 12 "local governing body" as used in this part shall be construed 13 to refer exclusively to such local board or agency. 14 (2) The Florida Building Code shall contain provisions 15 or requirements for public and private buildings, structures, 16 and facilities relative to structural, mechanical, electrical, 17 plumbing, energy, and gas systems, existing buildings, 18 historical buildings, manufactured buildings, elevators, 19 coastal construction, lodging facilities, food sales and food 20 service facilities, health care facilities, including assisted 21 living facilities, adult day care facilities, hospice 22 residential and inpatient facilities and units, and facilities 23 for the control of radiation hazards, public or private 24 educational facilities, swimming pools, and correctional 25 facilities and enforcement of and compliance with such 26 provisions or requirements. Further, the Florida Building Code 27 must provide for uniform implementation of ss. 515.25, 515.27, 28 and 515.29 by including standards and criteria for residential 29 swimming pool barriers, pool covers, latching devices, door 30 and window exit alarms, and other equipment required therein, 31 which are consistent with the intent of s. 515.23. Technical 48 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 provisions to be contained within the Florida Building Code 2 are restricted to requirements related to the types of 3 materials used and construction methods and standards employed 4 in order to meet criteria specified in the Florida Building 5 Code. Provisions relating to the personnel, supervision or 6 training of personnel, or any other professional qualification 7 requirements relating to contractors or their workforce may 8 not be included within the Florida Building Code, and 9 subsections (4), (5), (6), and (7), and (8) are not to be 10 construed to allow the inclusion of such provisions within the 11 Florida Building Code by amendment. This restriction applies 12 to both initial development and amendment of the Florida 13 Building Code. 14 (3) The commission shall select from available 15 national or international model building codes, or other 16 available building codes and standards currently recognized by 17 the laws of this state, to form the foundation for the Florida 18 Building Code. The commission may modify the selected model 19 codes and standards as needed to accommodate the specific 20 needs of this state. Standards or criteria referenced by the 21 selected model codes shall be similarly incorporated by 22 reference. If a referenced standard or criterion requires 23 amplification or modification to be appropriate for use in 24 this state, only the amplification or modification shall be 25 specifically set forth in the Florida Building Code. The 26 Florida Building Commission may approve technical amendments 27 to the code, subject to the requirements of subsections (7) 28 and (8), after the amendments have been subject to the 29 following conditions: 30 (a) The proposed amendment has been published on the 31 commission's website for a minimum of 45 days and all the 49 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 associated documentation has been made available to any 2 interested party before any consideration by any Technical 3 Advisory Committee; 4 (b) In order for a Technical Advisory Committee to 5 make a favorable recommendation to the commission, the 6 proposal must receive a three-fourths vote of the members 7 present at the Technical Advisory Committee meeting and at 8 least half of the regular members must be present in order to 9 conduct a meeting; 10 (c) After Technical Advisory Committee consideration 11 and a recommendation for approval of any proposed amendment, 12 the proposal must be published on the commission's website for 13 not less than 45 days before any consideration by the 14 commission; and 15 (d) Any proposal may be modified by the commission 16 based on public testimony and evidence from a public hearing 17 held in accordance with chapter 120. 18 19 The commission shall incorporate within sections of the 20 Florida Building Code provisions which address regional and 21 local concerns and variations. The commission shall make every 22 effort to minimize conflicts between the Florida Building 23 Code, the Florida Fire Prevention Code, and the Life Safety 24 Code. 25 (4)(a) All entities authorized to enforce the Florida 26 Building Code pursuant to s. 553.80 shall comply with 27 applicable standards for issuance of mandatory certificates of 28 occupancy, minimum types of inspections, and procedures for 29 plans review and inspections as established by the commission 30 by rule. Local governments may adopt amendments to the 31 administrative provisions of the Florida Building Code, 50 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 subject to the limitations of this paragraph. Local amendments 2 shall be more stringent than the minimum standards described 3 herein and shall be transmitted to the commission within 30 4 days after enactment. The local government shall make such 5 amendments available to the general public in a usable format. 6 The State Fire Marshal is responsible for establishing the 7 standards and procedures required in this paragraph for 8 governmental entities with respect to applying the Florida 9 Fire Prevention Code and the Life Safety Code. 10 (b) Local governments may, subject to the limitations 11 of this section, adopt amendments to the technical provisions 12 of the Florida Building Code which apply solely within the 13 jurisdiction of such government and which provide for more 14 stringent requirements than those specified in the Florida 15 Building Code, not more than once every 6 months. A local 16 government may adopt technical amendments that address local 17 needs if: 18 1. The local governing body determines, following a 19 public hearing which has been advertised in a newspaper of 20 general circulation at least 10 days before the hearing, that 21 there is a need to strengthen the requirements of the Florida 22 Building Code. The determination must be based upon a review 23 of local conditions by the local governing body, which review 24 demonstrates by evidence or data that the geographical 25 jurisdiction governed by the local governing body exhibits a 26 local need to strengthen the Florida Building Code beyond the 27 needs or regional variation addressed by the Florida Building 28 Code, that the local need is addressed by the proposed local 29 amendment, and that the amendment is no more stringent than 30 necessary to address the local need. 31 2. Such additional requirements are not discriminatory 51 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 against materials, products, or construction techniques of 2 demonstrated capabilities. 3 3. Such additional requirements may not introduce a 4 new subject not addressed in the Florida Building Code. 5 4. The enforcing agency shall make readily available, 6 in a usable format, all amendments adopted pursuant to this 7 section. 8 5. Any amendment to the Florida Building Code shall be 9 transmitted within 30 days by the adopting local government to 10 the commission. The commission shall maintain copies of all 11 such amendments in a format that is usable and obtainable by 12 the public. Local technical amendments shall not become 13 effective until 30 days after the amendment has been received 14 and published by the commission. 15 6. Any amendment to the Florida Building Code adopted 16 by a local government pursuant to this paragraph shall be 17 effective only until the adoption by the commission of the new 18 edition of the Florida Building Code every third year. At such 19 time, the commission shall review such amendment for 20 consistency with the criteria in paragraph (8)(a) (7)(a) and 21 adopt such amendment as part of the Florida Building Code or 22 rescind the amendment. The commission shall immediately notify 23 the respective local government of the rescission of any 24 amendment. After receiving such notice, the respective local 25 government may readopt the rescinded amendment pursuant to the 26 provisions of this paragraph. 27 7. Each county and municipality desiring to make local 28 technical amendments to the Florida Building Code shall by 29 interlocal agreement establish a countywide compliance review 30 board to review any amendment to the Florida Building Code, 31 adopted by a local government within the county pursuant to 52 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 this paragraph, that is challenged by any substantially 2 affected party for purposes of determining the amendment's 3 compliance with this paragraph. If challenged, the local 4 technical amendments shall not become effective until time for 5 filing an appeal pursuant to subparagraph 8. has expired or, 6 if there is an appeal, until the commission issues its final 7 order determining the adopted amendment is in compliance with 8 this subsection. 9 8. If the compliance review board determines such 10 amendment is not in compliance with this paragraph, the 11 compliance review board shall notify such local government of 12 the noncompliance and that the amendment is invalid and 13 unenforceable until the local government corrects the 14 amendment to bring it into compliance. The local government 15 may appeal the decision of the compliance review board to the 16 commission. If the compliance review board determines such 17 amendment to be in compliance with this paragraph, any 18 substantially affected party may appeal such determination to 19 the commission. Any such appeal shall be filed with the 20 commission within 14 days of the board's written 21 determination. The commission shall promptly refer the appeal 22 to the Division of Administrative Hearings for the assignment 23 of an administrative law judge. The administrative law judge 24 shall conduct the required hearing within 30 days, and shall 25 enter a recommended order within 30 days of the conclusion of 26 such hearing. The commission shall enter a final order within 27 30 days thereafter. The provisions of chapter 120 and the 28 uniform rules of procedure shall apply to such proceedings. 29 The local government adopting the amendment that is subject to 30 challenge has the burden of proving that the amendment 31 complies with this paragraph in proceedings before the 53 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 compliance review board and the commission, as applicable. 2 Actions of the commission are subject to judicial review 3 pursuant to s. 120.68. The compliance review board shall 4 determine whether its decisions apply to a respective local 5 jurisdiction or apply countywide. 6 9. An amendment adopted under this paragraph shall 7 include a fiscal impact statement which documents the costs 8 and benefits of the proposed amendment. Criteria for the 9 fiscal impact statement shall include the impact to local 10 government relative to enforcement, the impact to property and 11 building owners, as well as to industry, relative to the cost 12 of compliance. The fiscal impact statement may not be used as 13 a basis for challenging the amendment for compliance. 14 10. In addition to subparagraphs 7. and 9., the 15 commission may review any amendments adopted pursuant to this 16 subsection and make nonbinding recommendations related to 17 compliance of such amendments with this subsection. 18 (c) Any amendment adopted by a local enforcing agency 19 pursuant to this subsection shall not apply to state or school 20 district owned buildings, manufactured buildings or 21 factory-built school buildings approved by the commission, or 22 prototype buildings approved pursuant to s. 553.77(3). The 23 respective responsible entities shall consider the physical 24 performance parameters substantiating such amendments when 25 designing, specifying, and constructing such exempt buildings. 26 (5) The initial adoption of, and any subsequent update 27 or amendment to, the Florida Building Code by the commission 28 is deemed adopted for use statewide without adoptions by local 29 government. For a building permit for which an application is 30 submitted prior to the effective date of the Florida Building 31 Code, the state minimum building code in effect in the 54 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 permitting jurisdiction on the date of the application governs 2 the permitted work for the life of the permit and any 3 extension granted to the permit. 4 (6)(a) The commission, by rule adopted pursuant to ss. 5 120.536(1) and 120.54, shall update the Florida Building Code 6 every 3 years. When updating the Florida Building Code, the 7 commission shall select the most current version of the 8 International Building Code, the International Fuel Gas Code, 9 the International Mechanical Code, the International Plumbing 10 Code, and the International Residential Code, all of which are 11 adopted by the International Code Council, and the National 12 Electrical Code, which is adopted by the National Fire 13 Protection Association, to form the foundation codes of the 14 updated Florida Building Code, if the version has been adopted 15 by the applicable model code entity and made available to the 16 public at least 6 months prior to its selection by the 17 commission. 18 (b) Codes regarding noise contour lines shall be 19 reviewed annually, and the most current federal guidelines 20 shall be adopted. 21 (c) The commission may modify any portion of the 22 foundation codes only as needed to accommodate the specific 23 needs of this state, maintaining Florida-specific amendments 24 previously adopted by the commission and not addressed by the 25 updated foundation code. Standards or criteria referenced by 26 the codes shall be incorporated by reference. If a referenced 27 standard or criterion requires amplification or modification 28 to be appropriate for use in this state, only the 29 amplification or modification shall be set forth in the 30 Florida Building Code. The commission may approve technical 31 amendments to the updated Florida Building Code after the 55 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 amendments have been subject to the conditions set forth in 2 paragraphs (3)(a)-(d). Amendments to the foundation codes 3 which are adopted in accordance with this subsection shall be 4 clearly marked in printed versions of the Florida Building 5 Code so that the fact that the provisions are Florida-specific 6 amendments to the foundation codes is readily apparent. 7 (d) The commission shall further consider the 8 commission's own interpretations, declaratory statements, 9 appellate decisions, and approved statewide and local 10 technical amendments and shall incorporate such 11 interpretations, statements, decisions, and amendments into 12 the updated Florida Building Code only to the extent that they 13 are needed to modify the foundation codes to accommodate the 14 specific needs of the state. A change made by an institute or 15 standards organization to any standard or criterion that is 16 adopted by reference in the Florida Building Code does not 17 become effective statewide until it has been adopted by the 18 commission. Furthermore, the edition of the Florida Building 19 Code which is in effect on the date of application for any 20 permit authorized by the code governs the permitted work for 21 the life of the permit and any extension granted to the 22 permit. 23 (e) A rule updating the Florida Building Code in 24 accordance with this subsection shall take effect no sooner 25 than 6 months after publication of the updated code. Any 26 amendment to the Florida Building Code which is adopted upon a 27 finding by the commission that the amendment is necessary to 28 protect the public from immediate threat of harm takes effect 29 immediately. 30 (f) Provisions of the foundation codes, including 31 those contained in referenced standards and criteria, relating 56 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 to wind resistance or the prevention of water intrusion may 2 not be modified to diminish those construction requirements; 3 however, the commission may, subject to conditions in this 4 subsection, modify the provisions to enhance those 5 construction requirements. 6 (7)(f) Upon the conclusion of a triennial update to 7 the Florida Building Code, notwithstanding the provisions of 8 this subsection or subsection (3) or subsection (6), the 9 commission may address issues identified in this subsection 10 paragraph by amending the code pursuant only to the rule 11 adoption procedures contained in chapter 120. Provisions of 12 the Florida Building Code, including those contained in 13 referenced standards and criteria, relating to wind resistance 14 or the prevention of water intrusion may not be amended 15 pursuant to this subsection to diminish those construction 16 requirements; however, the commission may, subject to 17 conditions in this subsection, amend the provisions to enhance 18 those construction requirements. Following the approval of any 19 amendments to the Florida Building Code by the commission and 20 publication of the amendments on the commission's website, 21 authorities having jurisdiction to enforce the Florida 22 Building Code may enforce the amendments. The commission may 23 approve amendments that are needed to address: 24 (a)1. Conflicts within the updated code; 25 (b)2. Conflicts between the updated code and the 26 Florida Fire Prevention Code adopted pursuant to chapter 633; 27 (c)3. The omission of previously adopted 28 Florida-specific amendments to the updated code if such 29 omission is not supported by a specific recommendation of a 30 technical advisory committee or particular action by the 31 commission; or 57 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (d)4. Unintended results from the integration of 2 previously adopted Florida-specific amendments with the model 3 code. 4 (8)(7)(a) The commission may approve technical 5 amendments to the Florida Building Code once each year for 6 statewide or regional application upon a finding that the 7 amendment: 8 1. Is needed in order to accommodate the specific 9 needs of this state. 10 2. Has a reasonable and substantial connection with 11 the health, safety, and welfare of the general public. 12 3. Strengthens or improves the Florida Building Code, 13 or in the case of innovation or new technology, will provide 14 equivalent or better products or methods or systems of 15 construction. 16 4. Does not discriminate against materials, products, 17 methods, or systems of construction of demonstrated 18 capabilities. 19 5. Does not degrade the effectiveness of the Florida 20 Building Code. 21 22 Furthermore, the Florida Building Commission may approve 23 technical amendments to the code once each year to incorporate 24 into the Florida Building Code its own interpretations of the 25 code which are embodied in its opinions, final orders, 26 declaratory statements, and interpretations of hearing officer 27 panels under s. 553.775(3)(c), but shall do so only to the 28 extent that incorporation of interpretations is needed to 29 modify the foundation codes to accommodate the specific needs 30 of this state. Amendments approved under this paragraph shall 31 be adopted by rule pursuant to ss. 120.536(1) and 120.54, 58 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 after the amendments have been subjected to the provisions of 2 subsection (3). 3 (b) A proposed amendment shall include a fiscal impact 4 statement which documents the costs and benefits of the 5 proposed amendment. Criteria for the fiscal impact statement 6 shall be established by rule by the commission and shall 7 include the impact to local government relative to 8 enforcement, the impact to property and building owners, as 9 well as to industry, relative to the cost of compliance. 10 (c) The commission may not approve any proposed 11 amendment that does not accurately and completely address all 12 requirements for amendment which are set forth in this 13 section. The commission shall require all proposed amendments 14 and information submitted with proposed amendments to be 15 reviewed by commission staff prior to consideration by any 16 technical advisory committee. These reviews shall be for 17 sufficiency only and are not intended to be qualitative in 18 nature. Staff members shall reject any proposed amendment that 19 fails to include a fiscal impact statement. Proposed 20 amendments rejected by members of the staff may not be 21 considered by the commission or any technical advisory 22 committee. 23 (d) Provisions of the Florida Building Code, including 24 those contained in referenced standards and criteria, relating 25 to wind resistance or the prevention of water intrusion may 26 not be amended pursuant to this subsection to diminish those 27 construction requirements; however, the commission may, 28 subject to conditions in this subsection, amend the provisions 29 to enhance those construction requirements. 30 (9)(8) The following buildings, structures, and 31 facilities are exempt from the Florida Building Code as 59 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 provided by law, and any further exemptions shall be as 2 determined by the Legislature and provided by law: 3 (a) Buildings and structures specifically regulated 4 and preempted by the Federal Government. 5 (b) Railroads and ancillary facilities associated with 6 the railroad. 7 (c) Nonresidential farm buildings on farms. 8 (d) Temporary buildings or sheds used exclusively for 9 construction purposes. 10 (e) Mobile or modular structures used as temporary 11 offices, except that the provisions of part II relating to 12 accessibility by persons with disabilities shall apply to such 13 mobile or modular structures. 14 (f) Those structures or facilities of electric 15 utilities, as defined in s. 366.02, which are directly 16 involved in the generation, transmission, or distribution of 17 electricity. 18 (g) Temporary sets, assemblies, or structures used in 19 commercial motion picture or television production, or any 20 sound-recording equipment used in such production, on or off 21 the premises. 22 (h) Storage sheds that are not designed for human 23 habitation and that have a floor area of 720 square feet or 24 less are not required to comply with the mandatory 25 wind-borne-debris-impact standards of the Florida Building 26 Code. 27 (i) Chickees constructed by the Miccosukee Tribe of 28 Indians of Florida or the Seminole Tribe of Florida. As used 29 in this paragraph, the term "chickee" means an open-sided 30 wooden hut that has a thatched roof of palm or palmetto or 31 other traditional materials, and that does not incorporate any 60 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 electrical, plumbing, or other nonwood features. 2 3 With the exception of paragraphs (a), (b), (c), and (f), in 4 order to preserve the health, safety, and welfare of the 5 public, the Florida Building Commission may, by rule adopted 6 pursuant to chapter 120, provide for exceptions to the broad 7 categories of buildings exempted in this section, including 8 exceptions for application of specific sections of the code or 9 standards adopted therein. The Department of Agriculture and 10 Consumer Services shall have exclusive authority to adopt by 11 rule, pursuant to chapter 120, exceptions to nonresidential 12 farm buildings exempted in paragraph (c) when reasonably 13 necessary to preserve public health, safety, and welfare. The 14 exceptions must be based upon specific criteria, such as 15 under-roof floor area, aggregate electrical service capacity, 16 HVAC system capacity, or other building requirements. Further, 17 the commission may recommend to the Legislature additional 18 categories of buildings, structures, or facilities which 19 should be exempted from the Florida Building Code, to be 20 provided by law. 21 (10)(9)(a) In the event of a conflict between the 22 Florida Building Code and the Florida Fire Prevention Code and 23 the Life Safety Code as applied to a specific project, the 24 conflict shall be resolved by agreement between the local 25 building code enforcement official and the local fire code 26 enforcement official in favor of the requirement of the code 27 which offers the greatest degree of lifesafety or alternatives 28 which would provide an equivalent degree of lifesafety and an 29 equivalent method of construction. 30 (b) Any decision made by the local fire official and 31 the local building official may be appealed to a local 61 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 administrative board designated by the municipality, county, 2 or special district having firesafety responsibilities. If the 3 decision of the local fire official and the local building 4 official is to apply the provisions of either the Florida 5 Building Code or the Florida Fire Prevention Code and the Life 6 Safety Code, the board may not alter the decision unless the 7 board determines that the application of such code is not 8 reasonable. If the decision of the local fire official and 9 the local building official is to adopt an alternative to the 10 codes, the local administrative board shall give due regard to 11 the decision rendered by the local officials and may modify 12 that decision if the administrative board adopts a better 13 alternative, taking into consideration all relevant 14 circumstances. In any case in which the local administrative 15 board adopts alternatives to the decision rendered by the 16 local fire official and the local building official, such 17 alternatives shall provide an equivalent degree of lifesafety 18 and an equivalent method of construction as the decision 19 rendered by the local officials. 20 (c) If the local building official and the local fire 21 official are unable to agree on a resolution of the conflict 22 between the Florida Building Code and the Florida Fire 23 Prevention Code and the Life Safety Code, the local 24 administrative board shall resolve the conflict in favor of 25 the code which offers the greatest degree of lifesafety or 26 alternatives which would provide an equivalent degree of 27 lifesafety and an equivalent method of construction. 28 (d) All decisions of the local administrative board, 29 or if none exists, the decisions of the local building 30 official and the local fire official, are subject to review by 31 a joint committee composed of members of the Florida Building 62 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Commission and the Fire Code Advisory Council. If the joint 2 committee is unable to resolve conflicts between the codes as 3 applied to a specific project, the matter shall be resolved 4 pursuant to the provisions of paragraph (1)(d). 5 (e) The local administrative board shall, to the 6 greatest extent possible, be composed of members with 7 expertise in building construction and firesafety standards. 8 (f) All decisions of the local building official and 9 local fire official and all decisions of the administrative 10 board shall be in writing and shall be binding upon all 11 persons but shall not limit the authority of the State Fire 12 Marshal or the Florida Building Commission pursuant to 13 paragraph (1)(d) and ss. 663.01 and 633.161. Decisions of 14 general application shall be indexed by building and fire code 15 sections and shall be available for inspection during normal 16 business hours. 17 (11)(10) Except within coastal building zones as 18 defined in s. 161.54, specification standards developed by 19 nationally recognized code promulgation organizations to 20 determine compliance with engineering criteria of the Florida 21 Building Code for wind load design shall not apply to one or 22 two family dwellings which are two stories or less in height 23 unless approved by the commission for use or unless expressly 24 made subject to said standards and criteria by local ordinance 25 adopted in accordance with the provisions of subsection (4). 26 (12)(11) The Florida Building Code does not apply to, 27 and no code enforcement action shall be brought with respect 28 to, zoning requirements, land use requirements, and owner 29 specifications or programmatic requirements which do not 30 pertain to and govern the design, construction, erection, 31 alteration, modification, repair, or demolition of public or 63 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 private buildings, structures, or facilities or to 2 programmatic requirements that do not pertain to enforcement 3 of the Florida Building Code. Additionally, a local code 4 enforcement agency may not administer or enforce the Florida 5 Building Code to prevent the siting of any publicly owned 6 facility, including, but not limited to, correctional 7 facilities, juvenile justice facilities, or state 8 universities, community colleges, or public education 9 facilities, as provided by law. 10 Section 14. Subsection (2) of section 553.775, Florida 11 Statutes, is amended to read: 12 553.775 Interpretations.-- 13 (2) Local enforcement agencies, local building 14 officials, state agencies, and the commission shall interpret 15 provisions of the Florida Building Code in a manner that is 16 consistent with declaratory statements and interpretations 17 entered by the commission, except that conflicts between the 18 Florida Fire Prevention Code and the Florida Building Code 19 shall be resolved in accordance with s. 553.73(10)(c) and (d) 20 s. 553.73(9)(c) and (d). 21 Section 15. Upon the effective date of this act, each 22 jurisdiction having authority to enforce the Florida Building 23 Code shall, at a minimum, require wind-borne-debris protection 24 in accordance with s. 1609.1, International Building Code 25 (2006) and the International Residential Code (2006) within 26 the "wind-borne-debris region" as that term is defined in s. 27 1609.2, International Building Code (2006), and s. R301.2, 28 International Residential Code (2006). 29 Section 16. (1) The Florida Building Commission shall 30 amend the Florida Building Code to reflect the application of 31 provisions identified in section 553.73, Florida Statutes, and 64 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 to eliminate all exceptions that provide less stringent 2 requirements. The amendments by the commission shall apply 3 throughout the state with the exception of the High Velocity 4 Hurricane Zone, which shall be governed as currently provided 5 within the Florida Building Code. The commission shall, in 6 addition, amend the code to require that, at a minimum, in 7 areas where the applicable design wind speed is less than 120 8 miles per hour, all new residences are designed and 9 constructed to withstand internal pressures. The commission 10 shall fulfill these obligations before July 1, 2007, pursuant 11 only to the provisions of chapter 120, Florida Statutes. 12 (2) The Florida Building Commission shall develop 13 voluntary "Code Plus" guidelines for increasing the hurricane 14 resistance of buildings. The guidelines must be modeled on the 15 requirements for the High Velocity Hurricane Zone and must 16 identify products, systems, and methods of construction that 17 the commission anticipates could result in stronger 18 construction. The commission shall include these guidelines in 19 its report to the 2008 Legislature. 20 Section 17. Paragraph (b) of subsection (3) of section 21 624.319, Florida Statutes, is amended to read: 22 624.319 Examination and investigation reports.-- 23 (3) 24 (b) Workpapers and other information held by the 25 department or office, and workpapers and other information 26 received from another governmental entity or the National 27 Association of Insurance Commissioners, for the department's 28 or office's use in the performance of its examination or 29 investigation duties pursuant to this section and ss. 624.316, 30 624.3161, 624.317, and 624.318 are confidential and exempt 31 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 65 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the State Constitution. This exemption applies to workpapers 2 and other information held by the department or office before, 3 on, or after the effective date of this exemption. Such 4 confidential and exempt information may be disclosed to 5 another governmental entity, if disclosure is necessary for 6 the receiving entity to perform its duties and 7 responsibilities, and may be disclosed to the National 8 Association of Insurance Commissioners. The Public Counsel and 9 the Insurance Consumer Advocate shall have access to such 10 confidential and exempt information pertaining to insurance at 11 any time. The receiving governmental entity or the association 12 must maintain the confidential and exempt status of the 13 information. The information made confidential and exempt by 14 this paragraph may be used in a criminal, civil, or 15 administrative proceeding so long as the confidential and 16 exempt status of such information is maintained. This 17 paragraph is subject to the Open Government Sunset Review Act 18 of 1995 in accordance with s. 119.15 and shall stand repealed 19 on October 2, 2007, unless reviewed and saved from repeal 20 through reenactment by the Legislature. 21 Section 18. Paragraph (a) of subsection (2) of section 22 624.462, Florida Statutes, is amended to read: 23 624.462 Commercial self-insurance funds.-- 24 (2) As used in ss. 624.460-624.488, "commercial 25 self-insurance fund" or "fund" means a group of members, 26 operating individually and collectively through a trust or 27 corporation, that must be: 28 (a) Established by: 29 1. A not-for-profit trade association, industry 30 association, or professional association of employers or 31 professionals which has a constitution or bylaws, which is 66 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 incorporated under the laws of this state, and which has been 2 organized for purposes other than that of obtaining or 3 providing insurance and operated in good faith for a 4 continuous period of 1 year; 5 2. A self-insurance trust fund organized pursuant to 6 s. 627.357 and maintained in good faith for a continuous 7 period of 1 year for purposes other than that of obtaining or 8 providing insurance pursuant to this section. Each member of a 9 commercial self-insurance trust fund established pursuant to 10 this subsection must maintain membership in the self-insurance 11 trust fund organized pursuant to s. 627.357; 12 3. A group of 10 or more health care providers, as 13 defined in s. 627.351(4)(h), for purposes of providing medical 14 malpractice coverage; or 15 4. A not-for-profit group comprised of no fewer less 16 than 10 community condominium associations, or a 17 not-for-profit group comprised of one or more community 18 associations having at least 50 residential properties 19 cumulatively valued at over $25 million, created and operating 20 under chapter 718, chapter 719, chapter 720, chapter 721, or 21 chapter 723 as defined in s. 718.103(2), which is incorporated 22 under the laws of this state, which restricts its membership 23 to community condominium associations only, and which has been 24 organized and maintained in good faith for the purpose of 25 pooling and spreading the liabilities of its group members 26 relating to property or casualty risk or surety insurance a 27 continuous period of 1 year for purposes other than that of 28 obtaining or providing insurance. 29 Section 19. Subsection (1) of section 624.4622, 30 Florida Statutes, is amended to read: 31 624.4622 Local government self-insurance funds.-- 67 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (1) Any two or more local governmental entities may 2 enter into interlocal agreements for the purpose of securing 3 the payment of benefits under chapter 440, or insuring or 4 self-insuring real or personal property of every kind and 5 every interest in such property against loss or damage from 6 any hazard or cause and against any loss consequential to such 7 loss or damage, provided the local government self-insurance 8 fund that is created must: 9 (a) Have annual normal premiums in excess of $5 10 million; 11 (b) Maintain a continuing program of excess insurance 12 coverage and reserve evaluation to protect the financial 13 stability of the fund in an amount and manner determined by a 14 qualified and independent actuary; 15 (c) Submit annually an audited fiscal year-end 16 financial statement by an independent certified public 17 accountant within 6 months after the end of the fiscal year to 18 the office; and 19 (d) Have a governing body which is comprised entirely 20 of local elected officials. 21 Section 20. Section 624.4625, Florida Statutes, is 22 created to read: 23 624.4625 Corporation not-for-profit self-insurance 24 funds.-- 25 (1) Notwithstanding any other provision of law, any 26 two or more corporations not for profit located in and 27 organized under the laws of this state may form a 28 self-insurance fund for the purpose of pooling and spreading 29 liabilities of its group members in any one or combination of 30 property or casualty risk, provided the corporation not for 31 profit self-insurance fund that is created: 68 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (a) Has annual normal premiums in excess of $5 2 million. 3 (b) Requires for qualification that each participating 4 member receive at least 75 percent of its revenues from local, 5 state, or federal governmental sources or a combination of 6 such sources. 7 (c) Uses a qualified actuary to determine rates using 8 accepted actuarial principles and annually submits to the 9 office a certification by the actuary that the rates are 10 actuarially sound and are not inadequate, as defined in s. 11 627.062. 12 (d) Uses a qualified actuary to establish reserves for 13 loss and loss adjustment expenses and annually submits to the 14 office a certification by the actuary that the loss and loss 15 adjustment expense reserves are adequate. If the actuary 16 determines that reserves are not adequate, the fund shall file 17 with the office a remedial plan for increasing the reserves or 18 otherwise addressing the financial condition of the fund, 19 subject to a determination by the office that the fund will 20 operate on an actuarially sound basis and the fund does not 21 pose a significant risk of insolvency. 22 (e) Maintains a continuing program of excess insurance 23 coverage and reserve evaluation to protect the financial 24 stability of the fund in an amount and manner determined by a 25 qualified actuary. At a minimum, this program must: 26 1. Purchase excess insurance from authorized insurance 27 carriers. 28 2. Retain a per-loss occurrence that does not exceed 29 $350,000. 30 (f) Submits to the office annually an audited fiscal 31 year-end financial statement by an independent certified 69 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 public accountant within 6 months after the end of the fiscal 2 year. 3 (g) Has a governing body that is comprised entirely of 4 officials from corporations not for profit that are members of 5 the corporation not-for-profit self-insurance fund. 6 (h) Uses knowledgeable persons or business entities to 7 administer or service the fund in the areas of claims 8 administration, claims adjusting, underwriting, risk 9 management, loss control, policy administration, financial 10 audit, and legal areas. Such persons must meet all applicable 11 requirements of law for state licensure and must have at least 12 5 years' experience with commercial self-insurance funds 13 formed under s. 624.462, self-insurance funds formed under s. 14 624.4622, or domestic insurers. 15 (i) Submits to the office copies of contracts used for 16 its members that clearly establish the liability of each 17 member for the obligations of the fund. 18 (j) Annually submits to the office a certification by 19 the governing body of the fund that, to the best of its 20 knowledge, the requirements of this section are met. 21 (2) As used in this section, the term "qualified 22 actuary" means an actuary that is a member of the Casualty 23 Actuarial Society or the American Academy of Actuaries. 24 (3) A corporation not-for-profit self-insurance fund 25 that meets the requirements of this section is not: 26 (a) An insurer for purposes of participation in or 27 coverage by any insurance guaranty association established by 28 chapter 631; or 29 (b) Subject to s. 624.4621 and is not required to file 30 any report with the department under s. 440.38(2)(b) that is 31 uniquely required of group self-insurer funds qualified under 70 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 s. 624.4621. 2 (4) Premiums, contributions, and assessments received 3 by a corporation not-for-profit self-insurance fund are 4 subject to ss. 624.509(1) and (2) and 624.5092, except that 5 the tax rate shall be 1.6 percent of the gross amount of such 6 premiums, contributions, and assessments. 7 (5) If any of the requirements of subsection (1) are 8 not met, a corporation not-for-profit self-insurance fund is 9 subject to the requirements of s. 624.4621 if the fund 10 provides only workers' compensation coverage or is subject to 11 the requirements of ss. 624.460-624.488 if the fund provides 12 coverage for other property, casualty, or surety risks. 13 Section 21. Subsection (3) of section 624.610, Florida 14 Statutes, is amended to read: 15 624.610 Reinsurance.-- 16 (3)(a) Credit must be allowed when the reinsurance is 17 ceded to an assuming insurer that is authorized to transact 18 insurance or reinsurance in this state. 19 (b)1. Credit must be allowed when the reinsurance is 20 ceded to an assuming insurer that is accredited as a reinsurer 21 in this state. An accredited reinsurer is one that: 22 a. Files with the office evidence of its submission to 23 this state's jurisdiction; 24 b. Submits to this state's authority to examine its 25 books and records; 26 c. Is licensed or authorized to transact insurance or 27 reinsurance in at least one state or, in the case of a United 28 States branch of an alien assuming insurer, is entered 29 through, licensed, or authorized to transact insurance or 30 reinsurance in at least one state; 31 d. Files annually with the office a copy of its annual 71 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 statement filed with the insurance department of its state of 2 domicile any quarterly statements if required by its state of 3 domicile or such quarterly statements if specifically 4 requested by the office, and a copy of its most recent audited 5 financial statement; and 6 (I) Maintains a surplus as regards policyholders in an 7 amount not less than $20 million and whose accreditation has 8 not been denied by the office within 90 days after its 9 submission; or 10 (II) Maintains a surplus as regards policyholders in 11 an amount not less than $20 million and whose accreditation 12 has been approved by the office. 13 2. The office may deny or revoke an assuming insurer's 14 accreditation if the assuming insurer does not submit the 15 required documentation pursuant to subparagraph 1., if the 16 assuming insurer fails to meet all of the standards required 17 of an accredited reinsurer, or if the assuming insurer's 18 accreditation would be hazardous to the policyholders of this 19 state. In determining whether to deny or revoke accreditation, 20 the office may consider the qualifications of the assuming 21 insurer with respect to all the following subjects: 22 a. Its financial stability; 23 b. The lawfulness and quality of its investments; 24 c. The competency, character, and integrity of its 25 management; 26 d. The competency, character, and integrity of persons 27 who own or have a controlling interest in the assuming 28 insurer; and 29 e. Whether claims under its contracts are promptly and 30 fairly adjusted and are promptly and fairly paid in accordance 31 with the law and the terms of the contracts. 72 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 3. Credit must not be allowed a ceding insurer if the 2 assuming insurer's accreditation has been revoked by the 3 office after notice and the opportunity for a hearing. 4 4. The actual costs and expenses incurred by the 5 office to review a reinsurer's request for accreditation and 6 subsequent reviews must be charged to and collected from the 7 requesting reinsurer. If the reinsurer fails to pay the actual 8 costs and expenses promptly when due, the office may refuse to 9 accredit the reinsurer or may revoke the reinsurer's 10 accreditation. 11 (c)1. Credit must be allowed when the reinsurance is 12 ceded to an assuming insurer that maintains a trust fund in a 13 qualified United States financial institution, as defined in 14 paragraph (5)(b), for the payment of the valid claims of its 15 United States ceding insurers and their assigns and successors 16 in interest. To enable the office to determine the sufficiency 17 of the trust fund, the assuming insurer shall report annually 18 to the office information substantially the same as that 19 required to be reported on the NAIC Annual Statement form by 20 authorized insurers. The assuming insurer shall submit to 21 examination of its books and records by the office and bear 22 the expense of examination. 23 2.a. Credit for reinsurance must not be granted under 24 this subsection unless the form of the trust and any 25 amendments to the trust have been approved by: 26 (I) The insurance regulator of the state in which the 27 trust is domiciled; or 28 (II) The insurance regulator of another state who, 29 pursuant to the terms of the trust instrument, has accepted 30 principal regulatory oversight of the trust. 31 b. The form of the trust and any trust amendments must 73 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 be filed with the insurance regulator of every state in which 2 the ceding insurer beneficiaries of the trust are domiciled. 3 The trust instrument must provide that contested claims are 4 valid and enforceable upon the final order of any court of 5 competent jurisdiction in the United States. The trust must 6 vest legal title to its assets in its trustees for the benefit 7 of the assuming insurer's United States ceding insurers and 8 their assigns and successors in interest. The trust and the 9 assuming insurer are subject to examination as determined by 10 the insurance regulator. 11 c. The trust remains in effect for as long as the 12 assuming insurer has outstanding obligations due under the 13 reinsurance agreements subject to the trust. No later than 14 February 28 of each year, the trustee of the trust shall 15 report to the insurance regulator in writing the balance of 16 the trust and list the trust's investments at the preceding 17 year end, and shall certify that the trust will not expire 18 prior to the following December 31. 19 3. The following requirements apply to the following 20 categories of assuming insurer: 21 a. The trust fund for a single assuming insurer 22 consists of funds in trust in an amount not less than the 23 assuming insurer's liabilities attributable to reinsurance 24 ceded by United States ceding insurers, and, in addition, the 25 assuming insurer shall maintain a trusteed surplus of not less 26 than $20 million. Not less than 50 percent of the funds in the 27 trust covering the assuming insurer's liabilities attributable 28 to reinsurance ceded by United States ceding insurers and 29 trusteed surplus shall consist of assets of a quality 30 substantially similar to that required in part II of chapter 31 625. Clean, irrevocable, unconditional, and evergreen letters 74 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 of credit, issued or confirmed by a qualified United States 2 financial institution, as defined in paragraph (5)(a), 3 effective no later than December 31 of the year for which the 4 filing is made and in the possession of the trust on or before 5 the filing date of its annual statement, may be used to fund 6 the remainder of the trust and trusteed surplus. 7 b.(I) In the case of a group including incorporated 8 and individual unincorporated underwriters: 9 (A) For reinsurance ceded under reinsurance agreements 10 with an inception, amendment, or renewal date on or after 11 August 1, 1995, the trust consists of a trusteed account in an 12 amount not less than the group's several liabilities 13 attributable to business ceded by United States domiciled 14 ceding insurers to any member of the group; 15 (B) For reinsurance ceded under reinsurance agreements 16 with an inception date on or before July 31, 1995, and not 17 amended or renewed after that date, notwithstanding the other 18 provisions of this section, the trust consists of a trusteed 19 account in an amount not less than the group's several 20 insurance and reinsurance liabilities attributable to business 21 written in the United States; and 22 (C) In addition to these trusts, the group shall 23 maintain in trust a trusteed surplus of which $100 million 24 must be held jointly for the benefit of the United States 25 domiciled ceding insurers of any member of the group for all 26 years of account. 27 (II) The incorporated members of the group must not be 28 engaged in any business other than underwriting of a member of 29 the group, and are subject to the same level of regulation and 30 solvency control by the group's domiciliary regulator as the 31 unincorporated members. 75 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (III) Within 90 days after its financial statements 2 are due to be filed with the group's domiciliary regulator, 3 the group shall provide to the insurance regulator an annual 4 certification by the group's domiciliary regulator of the 5 solvency of each underwriter member or, if a certification is 6 unavailable, financial statements, prepared by independent 7 public accountants, of each underwriter member of the group. 8 (d) Credit must be allowed when the reinsurance is 9 ceded to an assuming insurer not meeting the requirements of 10 paragraph (a), paragraph (b), or paragraph (c), but only as to 11 the insurance of risks located in jurisdictions in which the 12 reinsurance is required to be purchased by a particular entity 13 by applicable law or regulation of that jurisdiction. 14 (e) If the reinsurance is ceded to an assuming insurer 15 not meeting the requirements of paragraph (a), paragraph (b), 16 paragraph (c), or paragraph (d), the office may allow credit, 17 but only if the assuming insurer holds surplus in excess of 18 $100 million and has a secure financial strength rating from 19 at least two nationally recognized statistical rating 20 organizations deemed acceptable by the commissioner. In 21 determining whether credit should be allowed, the office shall 22 consider the following: 23 1. The domiciliary regulatory jurisdiction of the 24 assuming insurer; 25 2. The structure and authority of the domiciliary 26 regulator with regard to solvency regulation requirements and 27 the financial surveillance of the reinsurer; 28 3. The substance of financial and operating standards 29 for reinsurers in the domiciliary jurisdiction; 30 4. The form and substance of financial reports 31 required to be filed by the reinsurers in the domiciliary 76 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 jurisdiction or other public financial statements filed in 2 accordance with generally accepted accounting principles; 3 5. The domiciliary regulator's willingness to 4 cooperate with United States regulators in general and the 5 office in particular; 6 6. The history of performance by reinsurers in the 7 domiciliary jurisdiction; 8 7. Any documented evidence of substantial problems 9 with the enforcement of valid United States judgments in the 10 domiciliary jurisdiction; and 11 8. Any other matters deemed relevant by the 12 commissioner. The commissioner shall give appropriate 13 consideration to insurer group ratings that may have been 14 issued. The commissioner may, in lieu of granting full credit 15 under this subsection, reduce the amount required to be held 16 in trust under paragraph (c). 17 (f)(e) If the assuming insurer is not authorized or 18 accredited to transact insurance or reinsurance in this state 19 pursuant to paragraph (a) or paragraph (b), the credit 20 permitted by paragraph (c) or paragraph (d) must not be 21 allowed unless the assuming insurer agrees in the reinsurance 22 agreements: 23 1.a. That in the event of the failure of the assuming 24 insurer to perform its obligations under the terms of the 25 reinsurance agreement, the assuming insurer, at the request of 26 the ceding insurer, shall submit to the jurisdiction of any 27 court of competent jurisdiction in any state of the United 28 States, will comply with all requirements necessary to give 29 the court jurisdiction, and will abide by the final decision 30 of the court or of any appellate court in the event of an 31 appeal; and 77 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 b. To designate the Chief Financial Officer, pursuant 2 to s. 48.151, or a designated attorney as its true and lawful 3 attorney upon whom may be served any lawful process in any 4 action, suit, or proceeding instituted by or on behalf of the 5 ceding company. 6 2. This paragraph is not intended to conflict with or 7 override the obligation of the parties to a reinsurance 8 agreement to arbitrate their disputes, if this obligation is 9 created in the agreement. 10 (g)(f) If the assuming insurer does not meet the 11 requirements of paragraph (a) or paragraph (b), the credit 12 permitted by paragraph (c) or paragraph (d) is not allowed 13 unless the assuming insurer agrees in the trust agreements, in 14 substance, to the following conditions: 15 1. Notwithstanding any other provisions in the trust 16 instrument, if the trust fund is inadequate because it 17 contains an amount less than the amount required by paragraph 18 (c), or if the grantor of the trust has been declared 19 insolvent or placed into receivership, rehabilitation, 20 liquidation, or similar proceedings under the laws of its 21 state or country of domicile, the trustee shall comply with an 22 order of the insurance regulator with regulatory oversight 23 over the trust or with an order of a United States court of 24 competent jurisdiction directing the trustee to transfer to 25 the insurance regulator with regulatory oversight all of the 26 assets of the trust fund. 27 2. The assets must be distributed by and claims must 28 be filed with and valued by the insurance regulator with 29 regulatory oversight in accordance with the laws of the state 30 in which the trust is domiciled which are applicable to the 31 liquidation of domestic insurance companies. 78 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 3. If the insurance regulator with regulatory 2 oversight determines that the assets of the trust fund or any 3 part thereof are not necessary to satisfy the claims of the 4 United States ceding insurers of the grantor of the trust, the 5 assets or part thereof must be returned by the insurance 6 regulator with regulatory oversight to the trustee for 7 distribution in accordance with the trust agreement. 8 4. The grantor shall waive any right otherwise 9 available to it under United States law which is inconsistent 10 with this provision. 11 Section 22. Section 627.0613, Florida Statutes, is 12 repealed. 13 Section 23. Section 627.062, Florida Statutes, is 14 amended to read: 15 627.062 Rate standards.-- 16 (1) The rates for all classes of insurance to which 17 the provisions of this part are applicable shall not be 18 excessive, inadequate, or unfairly discriminatory. 19 (2) As to all such classes of insurance: 20 (a) Insurers or rating organizations shall establish 21 and use rates, rating schedules, or rating manuals to allow 22 the insurer a reasonable rate of return on such classes of 23 insurance written in this state. A copy of rates, rating 24 schedules, rating manuals, premium credits or discount 25 schedules, and surcharge schedules, and changes thereto, shall 26 be filed with the office under one of the following 27 procedures: 28 1. If the filing is made at least 90 days before the 29 proposed effective date and the filing may not be is not 30 implemented during the office's review of the filing and any 31 proceeding and judicial review, then such filing shall be 79 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 considered a "file and use" filing. In such case, The office 2 shall finalize its review by issuance of a notice of intent to 3 approve or a notice of intent to disapprove within 90 days 4 after receipt of the filing. The notice of intent to approve 5 and the notice of intent to disapprove constitute agency 6 action for purposes of the Administrative Procedure Act. 7 Requests for supporting information, requests for mathematical 8 or mechanical corrections, or notification to the insurer by 9 the office of its preliminary findings shall not toll the 10 90-day period during any such proceedings and subsequent 11 judicial review. The rate shall be deemed approved if the 12 office does not issue a notice of intent to approve or a 13 notice of intent to disapprove within 90 days after receipt of 14 the filing. 15 2. If the filing is not made in accordance with the 16 provisions of subparagraph 1., such filing shall be made as 17 soon as practicable, but no later than 30 days after the 18 effective date, and shall be considered a "use and file" 19 filing. An insurer making a "use and file" filing is 20 potentially subject to an order by the office to return to 21 policyholders portions of rates found to be excessive, as 22 provided in paragraph (h). 23 (b) Upon receiving a rate filing, the office shall 24 review the rate filing to determine if a rate is excessive, 25 inadequate, or unfairly discriminatory. In making that 26 determination, the office shall, in accordance with generally 27 accepted and reasonable actuarial techniques, consider the 28 following factors: 29 1. Past and prospective loss experience within and 30 without this state. 31 2. Past and prospective expenses. 80 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 3. The degree of competition among insurers for the 2 risk insured. 3 4. Investment income reasonably expected by the 4 insurer, consistent with the insurer's investment practices, 5 from investable premiums anticipated in the filing, plus any 6 other expected income from currently invested assets 7 representing the amount expected on unearned premium reserves 8 and loss reserves. The commission may adopt rules utilizing 9 reasonable techniques of actuarial science and economics to 10 specify the manner in which insurers shall calculate 11 investment income attributable to such classes of insurance 12 written in this state and the manner in which such investment 13 income shall be used in the calculation of insurance rates. 14 Such manner shall contemplate allowances for an underwriting 15 profit factor and full consideration of investment income 16 which produce a reasonable rate of return; however, investment 17 income from invested surplus shall not be considered. 18 5. The reasonableness of the judgment reflected in the 19 filing. 20 6. Dividends, savings, or unabsorbed premium deposits 21 allowed or returned to Florida policyholders, members, or 22 subscribers. 23 7. The adequacy of loss reserves. 24 8. The cost of reinsurance. 25 9. Trend factors, including trends in actual losses 26 per insured unit for the insurer making the filing. 27 10. Conflagration and catastrophe hazards, if 28 applicable. 29 11. A reasonable margin for underwriting profit and 30 contingencies. For that portion of the rate covering the risk 31 of hurricanes and other catastrophic losses for which the 81 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 insurer has not purchased reinsurance and has exposed its 2 capital and surplus to such risk, the office must approve a 3 rating factor that provides the insurer a reasonable rate of 4 return that is commensurate with such risk. 5 12. The cost of medical services, if applicable. 6 13. Other relevant factors which impact upon the 7 frequency or severity of claims or upon expenses. 8 (c) In the case of fire insurance rates, consideration 9 shall be given to the availability of water supplies and the 10 experience of the fire insurance business during a period of 11 not less than the most recent 5-year period for which such 12 experience is available. 13 (d) If conflagration or catastrophe hazards are given 14 consideration by an insurer in its rates or rating plan, 15 including surcharges and discounts, the insurer shall 16 establish a reserve for that portion of the premium allocated 17 to such hazard and shall maintain the premium in a catastrophe 18 reserve. Any removal of such premiums from the reserve for 19 purposes other than paying claims associated with a 20 catastrophe or purchasing reinsurance for catastrophes shall 21 be subject to approval of the office. Any ceding commission 22 received by an insurer purchasing reinsurance for catastrophes 23 shall be placed in the catastrophe reserve. 24 (e) After consideration of the rate factors provided 25 in paragraphs (b), (c), and (d), a rate may be found by the 26 office to be excessive, inadequate, or unfairly discriminatory 27 based upon the following standards: 28 1. Rates shall be deemed excessive if they are likely 29 to produce a profit from Florida business that is unreasonably 30 high in relation to the risk involved in the class of business 31 or if expenses are unreasonably high in relation to services 82 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 rendered. 2 2. Rates shall be deemed excessive if, among other 3 things, the rate structure established by a stock insurance 4 company provides for replenishment of surpluses from premiums, 5 when the replenishment is attributable to investment losses. 6 3. Rates shall be deemed inadequate if they are 7 clearly insufficient, together with the investment income 8 attributable to them, to sustain projected losses and expenses 9 in the class of business to which they apply. 10 4. A rating plan, including discounts, credits, or 11 surcharges, shall be deemed unfairly discriminatory if it 12 fails to clearly and equitably reflect consideration of the 13 policyholder's participation in a risk management program 14 adopted pursuant to s. 627.0625. 15 5. A rate shall be deemed inadequate as to the premium 16 charged to a risk or group of risks if discounts or credits 17 are allowed which exceed a reasonable reflection of expense 18 savings and reasonably expected loss experience from the risk 19 or group of risks. 20 6. A rate shall be deemed unfairly discriminatory as 21 to a risk or group of risks if the application of premium 22 discounts, credits, or surcharges among such risks does not 23 bear a reasonable relationship to the expected loss and 24 expense experience among the various risks. 25 (f) In reviewing a rate filing, the office may require 26 the insurer to provide at the insurer's expense all 27 information necessary to evaluate the condition of the company 28 and the reasonableness of the filing according to the criteria 29 enumerated in this section. 30 (g) The office may at any time review a rate, rating 31 schedule, rating manual, or rate change; the pertinent records 83 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 of the insurer; and market conditions. If the office finds on 2 a preliminary basis that a rate may be excessive, inadequate, 3 or unfairly discriminatory, the office shall initiate 4 proceedings to disapprove the rate and shall so notify the 5 insurer. However, the office may not disapprove as excessive 6 any rate for which it has given final approval or which has 7 been deemed approved for a period of 1 year after the 8 effective date of the filing unless the office finds that a 9 material misrepresentation or material error was made by the 10 insurer or was contained in the filing. Upon being so 11 notified, the insurer or rating organization shall, within 60 12 days, file with the office all information which, in the 13 belief of the insurer or organization, proves the 14 reasonableness, adequacy, and fairness of the rate or rate 15 change. The office shall issue a notice of intent to approve 16 or a notice of intent to disapprove pursuant to the procedures 17 of paragraph (a) within 90 days after receipt of the insurer's 18 initial response. In such instances and in any administrative 19 proceeding relating to the legality of the rate, the insurer 20 or rating organization shall carry the burden of proof by a 21 preponderance of the evidence to show that the rate is not 22 excessive, inadequate, or unfairly discriminatory. After the 23 office notifies an insurer that a rate may be excessive, 24 inadequate, or unfairly discriminatory, unless the office 25 withdraws the notification, the insurer shall not alter the 26 rate except to conform with the office's notice until the 27 earlier of 120 days after the date the notification was 28 provided or 180 days after the date of the implementation of 29 the rate. The office may, subject to chapter 120, disapprove 30 without the 60-day notification any rate increase filed by an 31 insurer within the prohibited time period or during the time 84 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 that the legality of the increased rate is being contested. 2 (h) In the event the office finds that a rate or rate 3 change is excessive, inadequate, or unfairly discriminatory, 4 the office shall issue an order of disapproval specifying that 5 a new rate or rate schedule which responds to the findings of 6 the office be filed by the insurer. The office shall further 7 order, for any "use and file" filing made in accordance with 8 subparagraph (a)2., that premiums charged each policyholder 9 constituting the portion of the rate above that which was 10 actuarially justified be returned to such policyholder in the 11 form of a credit or refund. If the office finds that an 12 insurer's rate or rate change is inadequate, the new rate or 13 rate schedule filed with the office in response to such a 14 finding shall be applicable only to new or renewal business of 15 the insurer written on or after the effective date of the 16 responsive filing. 17 (i) Except as otherwise specifically provided in this 18 chapter, the office shall not prohibit any insurer, including 19 any residual market plan or joint underwriting association, 20 from paying acquisition costs based on the full amount of 21 premium, as defined in s. 627.403, applicable to any policy, 22 or prohibit any such insurer from including the full amount of 23 acquisition costs in a rate filing. 24 (j) Within 24 months after an insurer receives 25 approval of a rate increase of 10 percent or more, the insurer 26 must file and the office must review the insurer's rate based 27 on a rate filing that addresses all elements of the current 28 rate. Effective July 1, 2007, notwithstanding any other 29 provision of this section: 30 1. With respect to any residential property insurance 31 subject to regulation under this section for any area for 85 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 which the office determines a reasonable degree of competition 2 exists, a rate filing, including, but not limited to, any rate 3 changes, rating factors, territories, classification, 4 discounts, and credits, with respect to any policy form, 5 including endorsements issued with the form, that results in 6 an overall average statewide premium increase or decrease of 7 no more than 5 percent above or below the premium that would 8 result from the insurer's rates then in effect shall not be 9 subject to a determination by the office that the rate is 10 excessive or unfairly discriminatory except as provided in 11 subparagraph 3., or any other provision of law, provided all 12 changes specified in the filing do not result in an overall 13 premium increase of more than 10 percent for any one 14 territory, for reasons related solely to the rate change. As 15 used in this subparagraph, the term "insurer's rates then in 16 effect" includes only rates that have been lawfully in effect 17 under this section or rates that have been determined to be 18 lawful through administrative proceedings or judicial 19 proceedings. 20 2. An insurer may not make filings under this 21 paragraph with respect to any policy form, including 22 endorsements issued with the form, if the overall premium 23 changes resulting from such filings exceed the amounts 24 specified in this paragraph in any 12-month period. An insurer 25 may proceed under other provisions of this section or other 26 provisions of law if the insurer seeks to exceed the premium 27 or rate limitations of this paragraph. 28 3. This paragraph does not affect the authority of the 29 office to disapprove a rate as inadequate or to disapprove a 30 filing for the unlawful use of unfairly discriminatory rating 31 factors that are prohibited by the laws of this state. An 86 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 insurer electing to implement a rate change under this 2 paragraph shall submit a filing to the office at least 40 days 3 prior to the effective date of the rate change. The office 4 shall have 30 days after the filing's submission to review the 5 filing and determine if the rate is inadequate or uses 6 unfairly discriminatory rating factors. Absent a finding by 7 the office within such 30-day period that the rate is 8 inadequate or that the insurer has used unfairly 9 discriminatory rating factors, the filing is deemed approved. 10 If the office finds during the 30-day period that the filing 11 will result in inadequate premiums or otherwise endanger the 12 insurer's solvency, the office shall suspend the rate 13 decrease. If the insurer is implementing an overall rate 14 increase, the results of which continue to produce an 15 inadequate rate, such increase shall proceed pending 16 additional action by the office to ensure the adequacy of the 17 rate. 18 4. This paragraph does not apply to rate filings for 19 any insurance other than residential property insurance. 20 21 The provisions of this subsection shall not apply to workers' 22 compensation and employer's liability insurance and to motor 23 vehicle insurance. 24 (3)(a) For individual risks that are not rated in 25 accordance with the insurer's rates, rating schedules, rating 26 manuals, and underwriting rules filed with the office and 27 which have been submitted to the insurer for individual 28 rating, the insurer must maintain documentation on each risk 29 subject to individual risk rating. The documentation must 30 identify the named insured and specify the characteristics and 31 classification of the risk supporting the reason for the risk 87 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 being individually risk rated, including any modifications to 2 existing approved forms to be used on the risk. The insurer 3 must maintain these records for a period of at least 5 years 4 after the effective date of the policy. 5 (b) Individual risk rates and modifications to 6 existing approved forms are not subject to this part or part 7 II, except for paragraph (a) and ss. 627.402, 627.403, 8 627.4035, 627.404, 627.405, 627.406, 627.407, 627.4085, 9 627.409, 627.4132, 627.4133, 627.415, 627.416, 627.417, 10 627.419, 627.425, 627.426, 627.4265, 627.427, and 627.428, but 11 are subject to all other applicable provisions of this code 12 and rules adopted thereunder. 13 (c) This subsection does not apply to private 14 passenger motor vehicle insurance. 15 (4) The establishment of any rate, rating 16 classification, rating plan or schedule, or variation thereof 17 in violation of part IX of chapter 626 is also in violation of 18 this section. In order to enhance the ability of consumers to 19 compare premiums and to increase the accuracy and usefulness 20 of rate-comparison information provided by the office to the 21 public, the office shall develop a proposed standard rating 22 territory plan to be used by all authorized property and 23 casualty insurers for residential property insurance. In 24 adopting the proposed plan, the office may consider 25 geographical characteristics relevant to risk, county lines, 26 major roadways, existing rating territories used by a 27 significant segment of the market, and other relevant factors. 28 Such plan shall be submitted to the President of the Senate 29 and the Speaker of the House of Representatives by January 15, 30 2006. The plan may not be implemented unless authorized by 31 further act of the Legislature. 88 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (5) With respect to a rate filing involving coverage 2 of the type for which the insurer is required to pay a 3 reimbursement premium to the Florida Hurricane Catastrophe 4 Fund, the insurer may fully recoup in its property insurance 5 premiums any reimbursement premiums paid to the Florida 6 Hurricane Catastrophe Fund, together with reasonable costs of 7 other reinsurance, but may not recoup reinsurance costs that 8 duplicate coverage provided by the Florida Hurricane 9 Catastrophe Fund. An insurer may not recoup more than 1 year 10 of reimbursement premium at a time. Any under-recoupment from 11 the prior year may be added to the following year's 12 reimbursement premium and any over-recoupment shall be 13 subtracted from the following year's reimbursement premium. 14 (6)(a) After any action with respect to a rate filing 15 that constitutes agency action for purposes of the 16 Administrative Procedure Act, except for a rate filing for 17 medical malpractice, an insurer may, in lieu of demanding a 18 hearing under s. 120.57, require arbitration of the rate 19 filing. Arbitration shall be conducted by a board of 20 arbitrators consisting of an arbitrator selected by the 21 office, an arbitrator selected by the insurer, and an 22 arbitrator selected jointly by the other two arbitrators. Each 23 arbitrator must be certified by the American Arbitration 24 Association. A decision is valid only upon the affirmative 25 vote of at least two of the arbitrators. No arbitrator may be 26 an employee of any insurance regulator or regulatory body or 27 of any insurer, regardless of whether or not the employing 28 insurer does business in this state. The office and the 29 insurer must treat the decision of the arbitrators as the 30 final approval of a rate filing. Costs of arbitration shall be 31 paid by the insurer. 89 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (b) Arbitration under this subsection shall be 2 conducted pursuant to the procedures specified in ss. 3 682.06-682.10. Either party may apply to the circuit court to 4 vacate or modify the decision pursuant to s. 682.13 or s. 5 682.14. The commission shall adopt rules for arbitration under 6 this subsection, which rules may not be inconsistent with the 7 arbitration rules of the American Arbitration Association as 8 of January 1, 1996. 9 (c) Upon initiation of the arbitration process, the 10 insurer waives all rights to challenge the action of the 11 office under the Administrative Procedure Act or any other 12 provision of law; however, such rights are restored to the 13 insurer if the arbitrators fail to render a decision within 90 14 days after initiation of the arbitration process. 15 (6)(7)(a) The provisions of this subsection apply only 16 with respect to rates for medical malpractice insurance and 17 shall control to the extent of any conflict with other 18 provisions of this section. 19 (b) Any portion of a judgment entered or settlement 20 paid as a result of a statutory or common-law bad faith action 21 and any portion of a judgment entered which awards punitive 22 damages against an insurer may not be included in the 23 insurer's rate base, and shall not be used to justify a rate 24 or rate change. Any common-law bad faith action identified as 25 such, any portion of a settlement entered as a result of a 26 statutory or common-law action, or any portion of a settlement 27 wherein an insurer agrees to pay specific punitive damages may 28 not be used to justify a rate or rate change. The portion of 29 the taxable costs and attorney's fees which is identified as 30 being related to the bad faith and punitive damages in these 31 judgments and settlements may not be included in the insurer's 90 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 rate base and may not be utilized to justify a rate or rate 2 change. 3 (c) Upon reviewing a rate filing and determining 4 whether the rate is excessive, inadequate, or unfairly 5 discriminatory, the office shall consider, in accordance with 6 generally accepted and reasonable actuarial techniques, past 7 and present prospective loss experience, either using loss 8 experience solely for this state or giving greater credibility 9 to this state's loss data after applying actuarially sound 10 methods of assigning credibility to such data. 11 (d) Rates shall be deemed excessive if, among other 12 standards established by this section, the rate structure 13 provides for replenishment of reserves or surpluses from 14 premiums when the replenishment is attributable to investment 15 losses. 16 (e) The insurer must apply a discount or surcharge 17 based on the health care provider's loss experience or shall 18 establish an alternative method giving due consideration to 19 the provider's loss experience. The insurer must include in 20 the filing a copy of the surcharge or discount schedule or a 21 description of the alternative method used, and must provide a 22 copy of such schedule or description, as approved by the 23 office, to policyholders at the time of renewal and to 24 prospective policyholders at the time of application for 25 coverage. 26 (f) Each medical malpractice insurer must make a rate 27 filing under this section, sworn to by at least two executive 28 officers of the insurer, at least once each calendar year. 29 (7)(8)(a)1. No later than 60 days after the effective 30 date of medical malpractice legislation enacted during the 31 2003 Special Session D of the Florida Legislature, the office 91 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 shall calculate a presumed factor that reflects the impact 2 that the changes contained in such legislation will have on 3 rates for medical malpractice insurance and shall issue a 4 notice informing all insurers writing medical malpractice 5 coverage of such presumed factor. In determining the presumed 6 factor, the office shall use generally accepted actuarial 7 techniques and standards provided in this section in 8 determining the expected impact on losses, expenses, and 9 investment income of the insurer. To the extent that the 10 operation of a provision of medical malpractice legislation 11 enacted during the 2003 Special Session D of the Florida 12 Legislature is stayed pending a constitutional challenge, the 13 impact of that provision shall not be included in the 14 calculation of a presumed factor under this subparagraph. 15 2. No later than 60 days after the office issues its 16 notice of the presumed rate change factor under subparagraph 17 1., each insurer writing medical malpractice coverage in this 18 state shall submit to the office a rate filing for medical 19 malpractice insurance, which will take effect no later than 20 January 1, 2004, and apply retroactively to policies issued or 21 renewed on or after the effective date of medical malpractice 22 legislation enacted during the 2003 Special Session D of the 23 Florida Legislature. Except as authorized under paragraph (b), 24 the filing shall reflect an overall rate reduction at least as 25 great as the presumed factor determined under subparagraph 1. 26 With respect to policies issued on or after the effective date 27 of such legislation and prior to the effective date of the 28 rate filing required by this subsection, the office shall 29 order the insurer to make a refund of the amount that was 30 charged in excess of the rate that is approved. 31 (b) Any insurer or rating organization that contends 92 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 that the rate provided for in paragraph (a) is excessive, 2 inadequate, or unfairly discriminatory shall separately state 3 in its filing the rate it contends is appropriate and shall 4 state with specificity the factors or data that it contends 5 should be considered in order to produce such appropriate 6 rate. The insurer or rating organization shall be permitted to 7 use all of the generally accepted actuarial techniques 8 provided in this section in making any filing pursuant to this 9 subsection. The office shall review each such exception and 10 approve or disapprove it prior to use. It shall be the 11 insurer's burden to actuarially justify any deviations from 12 the rates required to be filed under paragraph (a). The 13 insurer making a filing under this paragraph shall include in 14 the filing the expected impact of medical malpractice 15 legislation enacted during the 2003 Special Session D of the 16 Florida Legislature on losses, expenses, and rates. 17 (c) If any provision of medical malpractice 18 legislation enacted during the 2003 Special Session D of the 19 Florida Legislature is held invalid by a court of competent 20 jurisdiction, the office shall permit an adjustment of all 21 medical malpractice rates filed under this section to reflect 22 the impact of such holding on such rates so as to ensure that 23 the rates are not excessive, inadequate, or unfairly 24 discriminatory. 25 (d) Rates approved on or before July 1, 2003, for 26 medical malpractice insurance shall remain in effect until the 27 effective date of a new rate filing approved under this 28 subsection. 29 (e) The calculation and notice by the office of the 30 presumed factor pursuant to paragraph (a) is not an order or 31 rule that is subject to chapter 120. If the office enters into 93 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 a contract with an independent consultant to assist the office 2 in calculating the presumed factor, such contract shall not be 3 subject to the competitive solicitation requirements of s. 4 287.057. 5 (8)(a) The chief executive officer or chief financial 6 officer of a property insurer and the chief actuary of a 7 property insurer must certify under oath and subject to the 8 penalty of perjury, on a form approved by the commission, the 9 following information, which must accompany a rate filing: 10 1. The signing officer and actuary have reviewed the 11 rate filing; 12 2. Based on the signing officer's and actuary's 13 knowledge, the rate filing does not contain any untrue 14 statement of a material fact or omit to state a material fact 15 necessary in order to make the statements made, in light of 16 the circumstances under which such statements were made, not 17 misleading; 18 3. Based on the signing officer's and actuary's 19 knowledge, the information and other factors described in s. 20 627.062(2)(b), including, but not limited to, investment 21 income, fairly present in all material respects the basis of 22 the rate filing for the periods presented in the filing; and 23 4. Based on the signing officer's and actuary's 24 knowledge, the rate filing reflects all premium savings that 25 are reasonably expected to result from legislative enactments 26 and are in accordance with generally accepted and reasonable 27 actuarial techniques. 28 (b) A signing officer or actuary knowingly making a 29 false certification under this subsection commits a violation 30 of s. 626.9541(1)(e) and is subject to the penalties under s. 31 626.9521. 94 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (c) Failure to provide such certification by the 2 officer and actuary shall result in the rate filing being 3 disapproved without prejudice to be refiled. 4 (d) The commission may adopt rules and forms pursuant 5 to ss. 120.536(1) and 120.54 to administer this subsection. 6 (9) The burden is on the office to establish that 7 rates are excessive for personal lines residential coverage 8 with a dwelling replacement cost of $1 million or more or for 9 a single condominium unit with a combined dwelling and 10 contents replacement cost of $1 million or more. Upon request 11 of the office, the insurer shall provide to the office such 12 loss and expense information as the office reasonably needs to 13 meet this burden. 14 Section 24. Paragraph (ee) is added to subsection (1) 15 of section 626.9541, Florida Statutes, to read: 16 626.9541 Unfair methods of competition and unfair or 17 deceptive acts or practices defined.-- 18 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR 19 DECEPTIVE ACTS.--The following are defined as unfair methods 20 of competition and unfair or deceptive acts or practices: 21 (ee) Selectively limiting insurance 22 offerings.--Failing to offer in this state a kind or line of 23 insurance which all insurers or affiliated insurers, as 24 defined by the Financial Services Commission, offer in another 25 jurisdiction. An insurer need not offer every kind or line of 26 insurance, or any particular kind or line of insurance, in 27 this state; however, if, on July 1, 2007, an insurer offers a 28 particular kind or line of insurance anywhere it does 29 business, it must offer the same kind or line in this state. 30 The commission shall adopt rules to administer this paragraph. 31 Section 25. Paragraph (c) of subsection (3) of section 95 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 627.0628, Florida Statutes, is amended to read: 2 627.0628 Florida Commission on Hurricane Loss 3 Projection Methodology; public records exemption; public 4 meetings exemption.-- 5 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.-- 6 (c) With respect to a rate filing under s. 627.062, an 7 insurer may employ actuarial methods, principles, standards, 8 models, or output ranges found by the commission to be 9 accurate or reliable to determine hurricane loss factors for 10 use in a rate filing under s. 627.062. Such findings and 11 factors are admissible and relevant in consideration of a rate 12 filing by the office or in any arbitration or administrative 13 or judicial review only if the office and the Insurance 14 Consumer Advocate appointed pursuant to s. 350.0615 s. 15 627.0613 have access to all of the assumptions and factors 16 that were used in developing the actuarial methods, 17 principles, standards, models, or output ranges, and are not 18 precluded from disclosing such information in a rate 19 proceeding. In any rate hearing under s. 120.57 or in any 20 arbitration proceeding under s. 627.062(6), the hearing 21 officer or, judge, or arbitration panel may determine whether 22 the office and the Insurance Consumer Advocate were provided 23 with access to all of the assumptions and factors that were 24 used in developing the actuarial methods, principles, 25 standards, models, or output ranges and to determine their 26 admissibility. 27 Section 26. Paragraph (b) of subsection (5) of section 28 627.311, Florida Statutes, is amended to read: 29 627.311 Joint underwriters and joint reinsurers; 30 public records and public meetings exemptions.-- 31 (5) 96 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (b) The operation of the plan is subject to the 2 supervision of a 9-member board of governors. The board of 3 governors shall be comprised of: 4 1. Three members appointed by the Financial Services 5 Commission. Each member appointed by the commission shall 6 serve at the pleasure of the commission; 7 2. Two of the 20 domestic insurers, as defined in s. 8 624.06(1), having the largest voluntary direct premiums 9 written in this state for workers' compensation and employer's 10 liability insurance, which shall be elected by those 20 11 domestic insurers; 12 3. Two of the 20 foreign insurers as defined in s. 13 624.06(2) having the largest voluntary direct premiums written 14 in this state for workers' compensation and employer's 15 liability insurance, which shall be elected by those 20 16 foreign insurers; 17 4. One person appointed by the largest property and 18 casualty insurance agents' association in this state; and 19 5. The Insurance Consumer Advocate appointed under s. 20 350.0615 s. 627.0613 or the Insurance Consumer Advocate's 21 designee. 22 23 Each board member shall serve a 4-year term and may serve 24 consecutive terms. A vacancy on the board shall be filled in 25 the same manner as the original appointment for the unexpired 26 portion of the term. The Financial Services Commission shall 27 designate a member of the board to serve as chair. No board 28 member shall be an insurer which provides services to the plan 29 or which has an affiliate which provides services to the plan 30 or which is serviced by a service company or third-party 31 administrator which provides services to the plan or which has 97 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 an affiliate which provides services to the plan. The minutes, 2 audits, and procedures of the board of governors are subject 3 to chapter 119. 4 Section 27. Paragraphs (a), (b), (c), (m), (p), and 5 (s) of subsection (6) of section 627.351, Florida Statutes, 6 are amended, and paragraph (ee) is added to that section, to 7 read: 8 627.351 Insurance risk apportionment plans.-- 9 (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- 10 (a)1. The Legislature finds that actual and threatened 11 catastrophic losses to property in this state from hurricanes 12 have caused insurers to be unwilling or unable to provide 13 property insurance coverage to the extent sought and needed. 14 It is in the public interest and a public purpose to assist in 15 assuring that property in the state is insured so as to 16 facilitate the remediation, reconstruction, and replacement of 17 damaged or destroyed property in order to reduce or avoid the 18 negative effects otherwise resulting to the public health, 19 safety, and welfare; to the economy of the state; and to the 20 revenues of the state and local governments needed to provide 21 for the public welfare. It is necessary, therefore, to provide 22 property insurance to applicants who are in good faith 23 entitled to procure insurance through the voluntary market but 24 are unable to do so. The Legislature intends by this 25 subsection that property insurance be provided and that it 26 continues, as long as necessary, through an entity organized 27 to achieve efficiencies and economies, while providing service 28 to policyholders, applicants, and agents that is no less than 29 the quality generally provided in the voluntary market, all 30 toward the achievement of the foregoing public purposes. 31 Because it is essential for the corporation to have the 98 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 maximum financial resources to pay claims following a 2 catastrophic hurricane, it is the intent of the Legislature 3 that the income of the corporation be exempt from federal 4 income taxation and that interest on the debt obligations 5 issued by the corporation be exempt from federal income 6 taxation. 7 2. The Residential Property and Casualty Joint 8 Underwriting Association originally created by this statute 9 shall be known, as of July 1, 2002, as the Citizens Property 10 Insurance Corporation. The corporation shall provide insurance 11 for residential and commercial property, for applicants who 12 are in good faith entitled, but are unable, to procure 13 insurance through the voluntary market. The corporation shall 14 operate pursuant to a plan of operation approved by order of 15 the Financial Services Commission. The plan is subject to 16 continuous review by the commission. The commission may, by 17 order, withdraw approval of all or part of a plan if the 18 commission determines that conditions have changed since 19 approval was granted and that the purposes of the plan require 20 changes in the plan. The corporation shall continue to operate 21 pursuant to the plan of operation approved by the Office of 22 Insurance Regulation until October 1, 2006. For the purposes 23 of this subsection, residential coverage includes both 24 personal lines residential coverage, which consists of the 25 type of coverage provided by homeowner's, mobile home owner's, 26 dwelling, tenant's, condominium unit owner's, and similar 27 policies, and commercial lines residential coverage, which 28 consists of the type of coverage provided by condominium 29 association, apartment building, and similar policies. 30 3. For the purposes of this subsection, the term 31 "homestead property" means: 99 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 a. Property that has been granted a homestead 2 exemption under chapter 196; 3 b. Property for which the owner has a current, written 4 lease with a renter for a term of at least 7 months and for 5 which the dwelling is insured by the corporation for $200,000 6 or less; 7 c. An owner-occupied mobile home or manufactured home, 8 as defined in s. 320.01, which is permanently affixed to real 9 property, is owned by a Florida resident, and has been granted 10 a homestead exemption under chapter 196 or, if the owner does 11 not own the real property, the owner certifies that the mobile 12 home or manufactured home is his or her principal place of 13 residence. 14 d. Tenant's coverage; 15 e. Commercial lines residential property; or 16 f. Any county, district, or municipal hospital; a 17 hospital licensed by any not-for-profit corporation qualified 18 under s. 501(c)(3) of the United States Internal Revenue Code; 19 or a continuing care retirement community that is certified 20 under chapter 651 and that receives an exemption from ad 21 valorem taxes under chapter 196. 22 4. For the purposes of this subsection, the term 23 "nonhomestead property" means property that is not homestead 24 property. 25 5. Effective July 1, 2008, a personal lines 26 residential structure that has a dwelling replacement cost of 27 $1 million or more, or a single condominium unit that has a 28 combined dwelling and content replacement cost of $1 million 29 or more is not eligible for coverage by the corporation. Such 30 dwellings insured by the corporation on June 30, 2008, may 31 continue to be covered by the corporation until the end of the 100 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 policy term. However, such dwellings that are insured by the 2 corporation and become ineligible for coverage due to the 3 provisions of this subparagraph may reapply and obtain 4 coverage in the high-risk account and be considered 5 "nonhomestead property" if the property owner provides the 6 corporation with a sworn affidavit from one or more insurance 7 agents, on a form provided by the corporation, stating that 8 the agents have made their best efforts to obtain coverage and 9 that the property has been rejected for coverage by at least 10 one authorized insurer and at least three surplus lines 11 insurers. If such conditions are met, the dwelling may be 12 insured by the corporation for up to 3 years, after which time 13 the dwelling is ineligible for coverage. The office shall 14 approve the method used by the corporation for valuing the 15 dwelling replacement cost for the purposes of this 16 subparagraph. If a policyholder is insured by the corporation 17 prior to being determined to be ineligible pursuant to this 18 subparagraph and such policyholder files a lawsuit challenging 19 the determination, the policyholder may remain insured by the 20 corporation until the conclusion of the litigation. 21 6. Effective March 1, 2007, nonhomestead property is 22 not eligible for coverage by the corporation and is not 23 eligible for renewal of such coverage unless the property 24 owner provides the corporation with a sworn affidavit from one 25 or more insurance agents, on a form provided by the 26 corporation, stating that the agents have made their best 27 efforts to obtain coverage and that the property has been 28 rejected for coverage by at least one authorized insurer and 29 at least three surplus lines insurers. 30 6.7. It is the intent of the Legislature that 31 policyholders, applicants, and agents of the corporation 101 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 receive service and treatment of the highest possible level 2 but never less than that generally provided in the voluntary 3 market. It also is intended that the corporation be held to 4 service standards no less than those applied to insurers in 5 the voluntary market by the office with respect to 6 responsiveness, timeliness, customer courtesy, and overall 7 dealings with policyholders, applicants, or agents of the 8 corporation. 9 (b)1. All insurers authorized to write one or more 10 subject lines of business in this state are subject to 11 assessment by the corporation and, for the purposes of this 12 subsection, are referred to collectively as "assessable 13 insurers." Insurers writing one or more subject lines of 14 business in this state pursuant to part VIII of chapter 626 15 are not assessable insurers, but insureds who procure one or 16 more subject lines of business in this state pursuant to part 17 VIII of chapter 626 are subject to assessment by the 18 corporation and are referred to collectively as "assessable 19 insureds." An authorized insurer's assessment liability shall 20 begin on the first day of the calendar year following the year 21 in which the insurer was issued a certificate of authority to 22 transact insurance for subject lines of business in this state 23 and shall terminate 1 year after the end of the first calendar 24 year during which the insurer no longer holds a certificate of 25 authority to transact insurance for subject lines of business 26 in this state. 27 2.a. All revenues, assets, liabilities, losses, and 28 expenses of the corporation shall be divided into three 29 separate accounts as follows: 30 (I) A personal lines account for personal residential 31 policies issued by the corporation or issued by the 102 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Residential Property and Casualty Joint Underwriting 2 Association and renewed by the corporation that provide 3 comprehensive, multiperil coverage on risks that are not 4 located in areas eligible for coverage in the Florida 5 Windstorm Underwriting Association as those areas were defined 6 on January 1, 2002, and for such policies that do not provide 7 coverage for the peril of wind on risks that are located in 8 such areas; 9 (II) A commercial lines account for commercial 10 residential and commercial nonresidential policies issued by 11 the corporation or issued by the Residential Property and 12 Casualty Joint Underwriting Association and renewed by the 13 corporation that provide coverage for basic property perils on 14 risks that are not located in areas eligible for coverage in 15 the Florida Windstorm Underwriting Association as those areas 16 were defined on January 1, 2002, and for such policies that do 17 not provide coverage for the peril of wind on risks that are 18 located in such areas; and 19 (III) A high-risk account for personal residential 20 policies and commercial residential and commercial 21 nonresidential property policies issued by the corporation or 22 transferred to the corporation that provide coverage for the 23 peril of wind on risks that are located in areas eligible for 24 coverage in the Florida Windstorm Underwriting Association as 25 those areas were defined on January 1, 2002. Beginning April 26 1, 2007, the corporation may offer multiperil coverage, 27 wind-only coverage, or both types of coverage in the high-risk 28 account. In issuing multiperil coverage, the corporation may 29 use its approved policy forms and rates for personal lines 30 accounts through December 31, 2007. It is the intent of the 31 Legislature that the offer of multiperil coverage in the 103 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 high-risk account be made and implemented in a manner that 2 does not adversely affect the creditworthiness of or security 3 for currently outstanding financing obligations or credit 4 facilities of the high-risk account, the personal lines 5 account, or the commercial lines account. The high-risk 6 account must also include quota share primary insurance under 7 subparagraph (c)2. The area eligible for coverage under the 8 high-risk account also includes the area within Port 9 Canaveral, which is bordered on the south by the City of Cape 10 Canaveral, bordered on the west by the Banana River, and 11 bordered on the north by Federal Government property. The 12 office may remove territory from the area eligible for 13 wind-only and quota share coverage if, after a public hearing, 14 the office finds that authorized insurers in the voluntary 15 market are willing and able to write sufficient amounts of 16 personal and commercial residential coverage for all perils in 17 the territory, including coverage for the peril of wind, such 18 that risks covered by wind-only policies in the removed 19 territory could be issued a policy by the corporation in 20 either the personal lines or commercial lines account without 21 a significant increase in the corporation's probable maximum 22 loss in such account. Removal of territory from the area 23 eligible for wind-only or quota share coverage does not alter 24 the assignment of wind coverage written in such areas to the 25 high-risk account. 26 b. The three separate accounts must be maintained as 27 long as financing obligations entered into by the Florida 28 Windstorm Underwriting Association or Residential Property and 29 Casualty Joint Underwriting Association are outstanding, in 30 accordance with the terms of the corresponding financing 31 documents. When the financing obligations are no longer 104 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 outstanding, in accordance with the terms of the corresponding 2 financing documents, the corporation may use a single account 3 for all revenues, assets, liabilities, losses, and expenses of 4 the corporation. Consistent with the requirement of this 5 subparagraph and prudent investment policies that minimize the 6 cost of carrying debt, the board shall exercise its best 7 efforts to retire existing debt or to obtain approval of 8 necessary parties to amend the terms of existing debt, so as 9 to structure the most efficient plan to consolidate the three 10 separate accounts into a single account. By February 1, 2007, 11 the board shall submit a report to the Financial Services 12 Commission, the President of the Senate, and the Speaker of 13 the House of Representatives which includes an analysis of 14 consolidating the accounts, the actions the board has taken to 15 minimize the cost of carrying debt, and its recommendations 16 for executing the most efficient plan. 17 c. Creditors of the Residential Property and Casualty 18 Joint Underwriting Association shall have a claim against, and 19 recourse to, the accounts referred to in sub-sub-subparagraphs 20 a.(I) and (II) and shall have no claim against, or recourse 21 to, the account referred to in sub-sub-subparagraph a.(III). 22 Creditors of the Florida Windstorm Underwriting Association 23 shall have a claim against, and recourse to, the account 24 referred to in sub-sub-subparagraph a.(III) and shall have no 25 claim against, or recourse to, the accounts referred to in 26 sub-sub-subparagraphs a.(I) and (II). 27 d. Revenues, assets, liabilities, losses, and expenses 28 not attributable to particular accounts shall be prorated 29 among the accounts. 30 e. The Legislature finds that the revenues of the 31 corporation are revenues that are necessary to meet the 105 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 requirements set forth in documents authorizing the issuance 2 of bonds under this subsection. 3 f. No part of the income of the corporation may inure 4 to the benefit of any private person. 5 3. With respect to a deficit in an account: 6 a. When the deficit incurred in a particular calendar 7 year is not greater than 10 percent of the aggregate statewide 8 direct written premium for the subject lines of business for 9 the prior calendar year, the entire deficit shall be recovered 10 through regular assessments of assessable insurers under 11 paragraph (p) and assessable insureds. 12 b. When the deficit incurred in a particular calendar 13 year exceeds 10 percent of the aggregate statewide direct 14 written premium for the subject lines of business for the 15 prior calendar year, the corporation shall levy regular 16 assessments on assessable insurers under paragraph (p) and on 17 assessable insureds in an amount equal to the greater of 10 18 percent of the deficit or 10 percent of the aggregate 19 statewide direct written premium for the subject lines of 20 business for the prior calendar year. Any remaining deficit 21 shall be recovered through emergency assessments under 22 sub-subparagraph d. 23 c. Each assessable insurer's share of the amount being 24 assessed under sub-subparagraph a. or sub-subparagraph b. 25 shall be in the proportion that the assessable insurer's 26 direct written premium for the subject lines of business for 27 the year preceding the assessment bears to the aggregate 28 statewide direct written premium for the subject lines of 29 business for that year. The assessment percentage applicable 30 to each assessable insured is the ratio of the amount being 31 assessed under sub-subparagraph a. or sub-subparagraph b. to 106 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the aggregate statewide direct written premium for the subject 2 lines of business for the prior year. Assessments levied by 3 the corporation on assessable insurers under sub-subparagraphs 4 a. and b. shall be paid as required by the corporation's plan 5 of operation and paragraph (p). Notwithstanding any other 6 provision of this subsection, the aggregate amount of a 7 regular assessment for a deficit incurred in a particular 8 calendar year shall be reduced by the estimated amount to be 9 received by the corporation from the Citizens policyholder 10 surcharge under subparagraph (c)11. and the amount collected 11 or estimated to be collected from the assessment on Citizens 12 policyholders pursuant to sub-subparagraph i. Assessments 13 levied by the corporation on assessable insureds under 14 sub-subparagraphs a. and b. shall be collected by the surplus 15 lines agent at the time the surplus lines agent collects the 16 surplus lines tax required by s. 626.932 and shall be paid to 17 the Florida Surplus Lines Service Office at the time the 18 surplus lines agent pays the surplus lines tax to the Florida 19 Surplus Lines Service Office. Upon receipt of regular 20 assessments from surplus lines agents, the Florida Surplus 21 Lines Service Office shall transfer the assessments directly 22 to the corporation as determined by the corporation. 23 d. Upon a determination by the board of governors that 24 a deficit in an account exceeds the amount that will be 25 recovered through regular assessments under sub-subparagraph 26 a. or sub-subparagraph b., the board shall levy, after 27 verification by the office, emergency assessments, for as many 28 years as necessary to cover the deficits, to be collected by 29 assessable insurers and the corporation and collected from 30 assessable insureds upon issuance or renewal of policies for 31 subject lines of business, excluding National Flood Insurance 107 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 policies. The amount of the emergency assessment collected in 2 a particular year shall be a uniform percentage of that year's 3 direct written premium for subject lines of business and all 4 accounts of the corporation, excluding National Flood 5 Insurance Program policy premiums, as annually determined by 6 the board and verified by the office. The office shall verify 7 the arithmetic calculations involved in the board's 8 determination within 30 days after receipt of the information 9 on which the determination was based. Notwithstanding any 10 other provision of law, the corporation and each assessable 11 insurer that writes subject lines of business shall collect 12 emergency assessments from its policyholders without such 13 obligation being affected by any credit, limitation, 14 exemption, or deferment. Emergency assessments levied by the 15 corporation on assessable insureds shall be collected by the 16 surplus lines agent at the time the surplus lines agent 17 collects the surplus lines tax required by s. 626.932 and 18 shall be paid to the Florida Surplus Lines Service Office at 19 the time the surplus lines agent pays the surplus lines tax to 20 the Florida Surplus Lines Service Office. The emergency 21 assessments so collected shall be transferred directly to the 22 corporation on a periodic basis as determined by the 23 corporation and shall be held by the corporation solely in the 24 applicable account. The aggregate amount of emergency 25 assessments levied for an account under this sub-subparagraph 26 in any calendar year may not exceed the greater of 10 percent 27 of the amount needed to cover the original deficit, plus 28 interest, fees, commissions, required reserves, and other 29 costs associated with financing of the original deficit, or 10 30 percent of the aggregate statewide direct written premium for 31 subject lines of business and for all accounts of the 108 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 corporation for the prior year, plus interest, fees, 2 commissions, required reserves, and other costs associated 3 with financing the original deficit. 4 e. The corporation may pledge the proceeds of 5 assessments, projected recoveries from the Florida Hurricane 6 Catastrophe Fund, other insurance and reinsurance 7 recoverables, policyholder surcharges and other surcharges, 8 and other funds available to the corporation as the source of 9 revenue for and to secure bonds issued under paragraph (p), 10 bonds or other indebtedness issued under subparagraph (c)3., 11 or lines of credit or other financing mechanisms issued or 12 created under this subsection, or to retire any other debt 13 incurred as a result of deficits or events giving rise to 14 deficits, or in any other way that the board determines will 15 efficiently recover such deficits. The purpose of the lines of 16 credit or other financing mechanisms is to provide additional 17 resources to assist the corporation in covering claims and 18 expenses attributable to a catastrophe. As used in this 19 subsection, the term "assessments" includes regular 20 assessments under sub-subparagraph a., sub-subparagraph b., or 21 subparagraph (p)1. and emergency assessments under 22 sub-subparagraph d. Emergency assessments collected under 23 sub-subparagraph d. are not part of an insurer's rates, are 24 not premium, and are not subject to premium tax, fees, or 25 commissions; however, failure to pay the emergency assessment 26 shall be treated as failure to pay premium. The emergency 27 assessments under sub-subparagraph d. shall continue as long 28 as any bonds issued or other indebtedness incurred with 29 respect to a deficit for which the assessment was imposed 30 remain outstanding, unless adequate provision has been made 31 for the payment of such bonds or other indebtedness pursuant 109 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 to the documents governing such bonds or other indebtedness. 2 f. As used in this subsection, the term "subject lines 3 of business" means insurance written by assessable insurers or 4 procured by assessable insureds for all property and casualty 5 lines of business in this state, but not including workers' 6 compensation or medical malpractice. As used in the 7 sub-subparagraph, the term "property and casualty lines of 8 business" includes all lines of business identified on Form 2, 9 Exhibit of Premiums and Losses, in the annual statement 10 required of authorized insurers by s. 624.424 and any rule 11 adopted under this section, except for those lines identified 12 as accident and health insurance and except for policies 13 written under the National Flood Insurance program or the 14 Federal Crop Insurance Program. For purposes of this 15 sub-subparagraph, the term "workers' compensation" includes 16 both workers' compensation insurance and excess workers' 17 compensation insurance. on real or personal property, as 18 defined in s. 624.604, including insurance for fire, 19 industrial fire, allied lines, farmowners multiperil, 20 homeowners multiperil, commercial multiperil, and mobile 21 homes, and including liability coverage on all such insurance, 22 but excluding inland marine as defined in s. 624.607(3) and 23 excluding vehicle insurance as defined in s. 624.605(1) other 24 than insurance on mobile homes used as permanent dwellings. 25 g. The Florida Surplus Lines Service Office shall 26 determine annually the aggregate statewide written premium in 27 subject lines of business procured by assessable insureds and 28 shall report that information to the corporation in a form and 29 at a time the corporation specifies to ensure that the 30 corporation can meet the requirements of this subsection and 31 the corporation's financing obligations. 110 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 h. The Florida Surplus Lines Service Office shall 2 verify the proper application by surplus lines agents of 3 assessment percentages for regular assessments and emergency 4 assessments levied under this subparagraph on assessable 5 insureds and shall assist the corporation in ensuring the 6 accurate, timely collection and payment of assessments by 7 surplus lines agents as required by the corporation. 8 i. If a deficit is incurred in any account in 2008 or 9 thereafter, the board of governors shall levy an immediate 10 assessment against the premium of each nonhomestead property 11 policyholder in all accounts of the corporation, as a uniform 12 percentage of the premium of the policy of up to 10 percent of 13 such premium, which funds shall be used to offset the deficit. 14 If this assessment is insufficient to eliminate the deficit, 15 the board of governors shall levy an additional assessment 16 against all policyholders of the corporation, which shall be 17 collected at the time of issuance or renewal of a policy, as a 18 uniform percentage of the premium for the policy of up to 10 19 percent of such premium, which funds shall be used to further 20 offset the deficit. 21 j. The board of governors shall maintain separate 22 accounting records that consolidate data for nonhomestead 23 properties, including, but not limited to, number of policies, 24 insured values, premiums written, and losses. The board of 25 governors shall annually report to the office and the 26 Legislature a summary of such data. 27 (c) The plan of operation of the corporation: 28 1. Must provide for adoption of residential property 29 and casualty insurance policy forms and commercial residential 30 and nonresidential property insurance forms, which forms must 31 be approved by the office prior to use. The corporation shall 111 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 adopt the following policy forms: 2 a. Standard personal lines policy forms that are 3 comprehensive multiperil policies providing full coverage of a 4 residential property equivalent to the coverage provided in 5 the private insurance market under an HO-3, HO-4, or HO-6 6 policy. 7 b. Basic personal lines policy forms that are policies 8 similar to an HO-8 policy or a dwelling fire policy that 9 provide coverage meeting the requirements of the secondary 10 mortgage market, but which coverage is more limited than the 11 coverage under a standard policy. 12 c. Commercial lines residential and nonresidential 13 policy forms that are generally similar to the basic perils of 14 full coverage obtainable for commercial residential structures 15 and commercial nonresidential structures in the admitted 16 voluntary market. 17 d. Personal lines and commercial lines residential 18 property insurance forms that cover the peril of wind only. 19 The forms are applicable only to residential properties 20 located in areas eligible for coverage under the high-risk 21 account referred to in sub-subparagraph (b)2.a. 22 e. Commercial lines nonresidential property insurance 23 forms that cover the peril of wind only. The forms are 24 applicable only to nonresidential properties located in areas 25 eligible for coverage under the high-risk account referred to 26 in sub-subparagraph (b)2.a. 27 f. The corporation may adopt variations of the policy 28 forms listed in sub-subparagraphs a.-e. that contain more 29 restrictive coverage. 30 2.a. Must provide that the corporation adopt a program 31 in which the corporation and authorized insurers enter into 112 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 quota share primary insurance agreements for hurricane 2 coverage, as defined in s. 627.4025(2)(a), for eligible risks, 3 and adopt property insurance forms for eligible risks which 4 cover the peril of wind only. As used in this subsection, the 5 term: 6 (I) "Quota share primary insurance" means an 7 arrangement in which the primary hurricane coverage of an 8 eligible risk is provided in specified percentages by the 9 corporation and an authorized insurer. The corporation and 10 authorized insurer are each solely responsible for a specified 11 percentage of hurricane coverage of an eligible risk as set 12 forth in a quota share primary insurance agreement between the 13 corporation and an authorized insurer and the insurance 14 contract. The responsibility of the corporation or authorized 15 insurer to pay its specified percentage of hurricane losses of 16 an eligible risk, as set forth in the quota share primary 17 insurance agreement, may not be altered by the inability of 18 the other party to the agreement to pay its specified 19 percentage of hurricane losses. Eligible risks that are 20 provided hurricane coverage through a quota share primary 21 insurance arrangement must be provided policy forms that set 22 forth the obligations of the corporation and authorized 23 insurer under the arrangement, clearly specify the percentages 24 of quota share primary insurance provided by the corporation 25 and authorized insurer, and conspicuously and clearly state 26 that neither the authorized insurer nor the corporation may be 27 held responsible beyond its specified percentage of coverage 28 of hurricane losses. 29 (II) "Eligible risks" means personal lines residential 30 and commercial lines residential risks that meet the 31 underwriting criteria of the corporation and are located in 113 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 areas that were eligible for coverage by the Florida Windstorm 2 Underwriting Association on January 1, 2002. 3 b. The corporation may enter into quota share primary 4 insurance agreements with authorized insurers at corporation 5 coverage levels of 90 percent and 50 percent. 6 c. If the corporation determines that additional 7 coverage levels are necessary to maximize participation in 8 quota share primary insurance agreements by authorized 9 insurers, the corporation may establish additional coverage 10 levels. However, the corporation's quota share primary 11 insurance coverage level may not exceed 90 percent. 12 d. Any quota share primary insurance agreement entered 13 into between an authorized insurer and the corporation must 14 provide for a uniform specified percentage of coverage of 15 hurricane losses, by county or territory as set forth by the 16 corporation board, for all eligible risks of the authorized 17 insurer covered under the quota share primary insurance 18 agreement. 19 e. Any quota share primary insurance agreement entered 20 into between an authorized insurer and the corporation is 21 subject to review and approval by the office. However, such 22 agreement shall be authorized only as to insurance contracts 23 entered into between an authorized insurer and an insured who 24 is already insured by the corporation for wind coverage. 25 f. For all eligible risks covered under quota share 26 primary insurance agreements, the exposure and coverage levels 27 for both the corporation and authorized insurers shall be 28 reported by the corporation to the Florida Hurricane 29 Catastrophe Fund. For all policies of eligible risks covered 30 under quota share primary insurance agreements, the 31 corporation and the authorized insurer shall maintain complete 114 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 and accurate records for the purpose of exposure and loss 2 reimbursement audits as required by Florida Hurricane 3 Catastrophe Fund rules. The corporation and the authorized 4 insurer shall each maintain duplicate copies of policy 5 declaration pages and supporting claims documents. 6 g. The corporation board shall establish in its plan 7 of operation standards for quota share agreements which ensure 8 that there is no discriminatory application among insurers as 9 to the terms of quota share agreements, pricing of quota share 10 agreements, incentive provisions if any, and consideration 11 paid for servicing policies or adjusting claims. 12 h. The quota share primary insurance agreement between 13 the corporation and an authorized insurer must set forth the 14 specific terms under which coverage is provided, including, 15 but not limited to, the sale and servicing of policies issued 16 under the agreement by the insurance agent of the authorized 17 insurer producing the business, the reporting of information 18 concerning eligible risks, the payment of premium to the 19 corporation, and arrangements for the adjustment and payment 20 of hurricane claims incurred on eligible risks by the claims 21 adjuster and personnel of the authorized insurer. Entering 22 into a quota sharing insurance agreement between the 23 corporation and an authorized insurer shall be voluntary and 24 at the discretion of the authorized insurer. 25 3. May provide that the corporation may employ or 26 otherwise contract with individuals or other entities to 27 provide administrative or professional services that may be 28 appropriate to effectuate the plan. The corporation shall have 29 the power to borrow funds, by issuing bonds or by incurring 30 other indebtedness, and shall have other powers reasonably 31 necessary to effectuate the requirements of this subsection, 115 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 including, without limitation, the power to issue bonds and 2 incur other indebtedness in order to refinance outstanding 3 bonds or other indebtedness. The corporation may, but is not 4 required to, seek judicial validation of its bonds or other 5 indebtedness under chapter 75. The corporation may issue bonds 6 or incur other indebtedness, or have bonds issued on its 7 behalf by a unit of local government pursuant to subparagraph 8 (g)2., in the absence of a hurricane or other weather-related 9 event, upon a determination by the corporation, subject to 10 approval by the office, that such action would enable it to 11 efficiently meet the financial obligations of the corporation 12 and that such financings are reasonably necessary to 13 effectuate the requirements of this subsection. The 14 corporation is authorized to take all actions needed to 15 facilitate tax-free status for any such bonds or indebtedness, 16 including formation of trusts or other affiliated entities. 17 The corporation shall have the authority to pledge 18 assessments, projected recoveries from the Florida Hurricane 19 Catastrophe Fund, other reinsurance recoverables, market 20 equalization and other surcharges, and other funds available 21 to the corporation as security for bonds or other 22 indebtedness. In recognition of s. 10, Art. I of the State 23 Constitution, prohibiting the impairment of obligations of 24 contracts, it is the intent of the Legislature that no action 25 be taken whose purpose is to impair any bond indenture or 26 financing agreement or any revenue source committed by 27 contract to such bond or other indebtedness. 28 4.a. Must require that the corporation operate subject 29 to the supervision and approval of a board of governors 30 consisting of eight individuals who are residents of this 31 state, from different geographical areas of this state. The 116 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Governor, the Chief Financial Officer, the President of the 2 Senate, and the Speaker of the House of Representatives shall 3 each appoint two members of the board. At least one of the two 4 members appointed by each appointing officer must have 5 demonstrated expertise in insurance. The Chief Financial 6 Officer shall designate one of the appointees as chair. All 7 board members serve at the pleasure of the appointing officer. 8 All board members, including the chair, must be appointed to 9 serve for 3-year terms beginning annually on a date designated 10 by the plan. Any board vacancy shall be filled for the 11 unexpired term by the appointing officer. The Chief Financial 12 Officer shall appoint a technical advisory group to provide 13 information and advice to the board of governors in connection 14 with the board's duties under this subsection. The executive 15 director and senior managers of the corporation shall be 16 engaged by the board and serve at the pleasure of the board. 17 Any executive director appointed on or after July 1, 2006, is 18 subject to confirmation by the Senate. The executive director 19 is responsible for employing other staff as the corporation 20 may require, subject to review and concurrence by the board. 21 b. The board shall create a Market Accountability 22 Advisory Committee to assist the corporation in developing 23 awareness of its rates and its customer and agent service 24 levels in relationship to the voluntary market insurers 25 writing similar coverage. The members of the advisory 26 committee shall consist of the following 11 persons, one of 27 whom must be elected chair by the members of the committee: 28 four representatives, one appointed by the Florida Association 29 of Insurance Agents, one by the Florida Association of 30 Insurance and Financial Advisors, one by the Professional 31 Insurance Agents of Florida, and one by the Latin American 117 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Association of Insurance Agencies; three representatives 2 appointed by the insurers with the three highest voluntary 3 market share of residential property insurance business in the 4 state; one representative from the Office of Insurance 5 Regulation; one consumer appointed by the board who is insured 6 by the corporation at the time of appointment to the 7 committee; one representative appointed by the Florida 8 Association of Realtors; and one representative appointed by 9 the Florida Bankers Association. All members must serve for 10 3-year terms and may serve for consecutive terms. The 11 committee shall report to the corporation at each board 12 meeting on insurance market issues which may include rates and 13 rate competition with the voluntary market; service, including 14 policy issuance, claims processing, and general responsiveness 15 to policyholders, applicants, and agents; and matters relating 16 to depopulation. 17 5. Must provide a procedure for determining the 18 eligibility of a risk for coverage, as follows: 19 a. Subject to the provisions of s. 627.3517, with 20 respect to personal lines residential risks, if the risk is 21 offered coverage from an authorized insurer at the insurer's 22 approved rate under either a standard policy including wind 23 coverage or, if consistent with the insurer's underwriting 24 rules as filed with the office, a basic policy including wind 25 coverage, the risk is not eligible for any policy issued by 26 the corporation unless the premium for coverage from the 27 authorized insurer is more than 25 percent greater than the 28 premium for comparable coverage from the corporation. If the 29 risk is not able to obtain any such offer, the risk is 30 eligible for either a standard policy including wind coverage 31 or a basic policy including wind coverage issued by the 118 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 corporation; however, if the risk could not be insured under a 2 standard policy including wind coverage regardless of market 3 conditions, the risk shall be eligible for a basic policy 4 including wind coverage unless rejected under subparagraph 8. 5 The corporation shall determine the type of policy to be 6 provided on the basis of objective standards specified in the 7 underwriting manual and based on generally accepted 8 underwriting practices. 9 (I) If the risk accepts an offer of coverage through 10 the market assistance plan or an offer of coverage through a 11 mechanism established by the corporation before a policy is 12 issued to the risk by the corporation or during the first 30 13 days of coverage by the corporation, and the producing agent 14 who submitted the application to the plan or to the 15 corporation is not currently appointed by the insurer, the 16 insurer shall: 17 (A) Pay to the producing agent of record of the 18 policy, for the first year, an amount that is the greater of 19 the insurer's usual and customary commission for the type of 20 policy written or a fee equal to the usual and customary 21 commission of the corporation; or 22 (B) Offer to allow the producing agent of record of 23 the policy to continue servicing the policy for a period of 24 not less than 1 year and offer to pay the agent the greater of 25 the insurer's or the corporation's usual and customary 26 commission for the type of policy written. 27 28 If the producing agent is unwilling or unable to accept 29 appointment, the new insurer shall pay the agent in accordance 30 with sub-sub-sub-subparagraph (A). 31 (II) When the corporation enters into a contractual 119 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 agreement for a take-out plan, the producing agent of record 2 of the corporation policy is entitled to retain any unearned 3 commission on the policy, and the insurer shall: 4 (A) Pay to the producing agent of record of the 5 corporation policy, for the first year, an amount that is the 6 greater of the insurer's usual and customary commission for 7 the type of policy written or a fee equal to the usual and 8 customary commission of the corporation; or 9 (B) Offer to allow the producing agent of record of 10 the corporation policy to continue servicing the policy for a 11 period of not less than 1 year and offer to pay the agent the 12 greater of the insurer's or the corporation's usual and 13 customary commission for the type of policy written. 14 15 If the producing agent is unwilling or unable to accept 16 appointment, the new insurer shall pay the agent in accordance 17 with sub-sub-sub-subparagraph (A). 18 b. With respect to commercial lines residential risks, 19 if the risk is offered coverage under a policy including wind 20 coverage from an authorized insurer at its approved rate, the 21 risk is not eligible for any policy issued by the corporation 22 unless the premium for coverage from the authorized insurer is 23 more than 25 percent greater than the premium for comparable 24 coverage from the corporation. If the risk is not able to 25 obtain any such offer, the risk is eligible for a policy 26 including wind coverage issued by the corporation. 27 (I) If the risk accepts an offer of coverage through 28 the market assistance plan or an offer of coverage through a 29 mechanism established by the corporation before a policy is 30 issued to the risk by the corporation or during the first 30 31 days of coverage by the corporation, and the producing agent 120 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 who submitted the application to the plan or the corporation 2 is not currently appointed by the insurer, the insurer shall: 3 (A) Pay to the producing agent of record of the 4 policy, for the first year, an amount that is the greater of 5 the insurer's usual and customary commission for the type of 6 policy written or a fee equal to the usual and customary 7 commission of the corporation; or 8 (B) Offer to allow the producing agent of record of 9 the policy to continue servicing the policy for a period of 10 not less than 1 year and offer to pay the agent the greater of 11 the insurer's or the corporation's usual and customary 12 commission for the type of policy written. 13 14 If the producing agent is unwilling or unable to accept 15 appointment, the new insurer shall pay the agent in accordance 16 with sub-sub-sub-subparagraph (A). 17 (II) When the corporation enters into a contractual 18 agreement for a take-out plan, the producing agent of record 19 of the corporation policy is entitled to retain any unearned 20 commission on the policy, and the insurer shall: 21 (A) Pay to the producing agent of record of the 22 corporation policy, for the first year, an amount that is the 23 greater of the insurer's usual and customary commission for 24 the type of policy written or a fee equal to the usual and 25 customary commission of the corporation; or 26 (B) Offer to allow the producing agent of record of 27 the corporation policy to continue servicing the policy for a 28 period of not less than 1 year and offer to pay the agent the 29 greater of the insurer's or the corporation's usual and 30 customary commission for the type of policy written. 31 121 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 If the producing agent is unwilling or unable to accept 2 appointment, the new insurer shall pay the agent in accordance 3 with sub-sub-sub-subparagraph (A). 4 6. Must provide by July 1, 2007, that an application 5 for coverage for a new policy is subject to a waiting period 6 of 10 days before coverage is effective, during which time the 7 corporation shall make such application available for review 8 by general lines agents and authorized property and casualty 9 insurers. The board may approve exceptions that allow for 10 coverage to be effective before the end of the 10-day waiting 11 period, for coverage issued in conjunction with a real estate 12 closing, and for such other exceptions as the board determines 13 are necessary to prevent lapses in coverage. 14 7. Must include rules for classifications of risks and 15 rates therefor. 16 8. Must provide that if premium and investment income 17 for an account attributable to a particular calendar year are 18 in excess of projected losses and expenses for the account 19 attributable to that year, such excess shall be held in 20 surplus in the account. Such surplus shall be available to 21 defray deficits in that account as to future years and shall 22 be used for that purpose prior to assessing assessable 23 insurers and assessable insureds as to any calendar year. 24 9. Must provide objective criteria and procedures to 25 be uniformly applied for all applicants in determining whether 26 an individual risk is so hazardous as to be uninsurable. In 27 making this determination and in establishing the criteria and 28 procedures, the following shall be considered: 29 a. Whether the likelihood of a loss for the individual 30 risk is substantially higher than for other risks of the same 31 class; and 122 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 b. Whether the uncertainty associated with the 2 individual risk is such that an appropriate premium cannot be 3 determined. 4 5 The acceptance or rejection of a risk by the corporation shall 6 be construed as the private placement of insurance, and the 7 provisions of chapter 120 shall not apply. 8 10. Must provide that the corporation shall make its 9 best efforts to procure catastrophe reinsurance at reasonable 10 rates, to cover its projected 100-year probable maximum loss 11 as determined by the board of governors. 12 11. Must provide that in the event of regular deficit 13 assessments under sub-subparagraph (b)3.a. or sub-subparagraph 14 (b)3.b., in the personal lines account, the commercial lines 15 residential account, or the high-risk account, the corporation 16 shall levy upon corporation policyholders in its next rate 17 filing, or by a separate rate filing solely for this purpose, 18 a Citizens policyholder surcharge arising from a regular 19 assessment in such account in a percentage equal to the total 20 amount of such regular assessments divided by the aggregate 21 statewide direct written premium for subject lines of business 22 for the prior calendar year. For purposes of calculating the 23 Citizens policyholder surcharge to be levied under this 24 subparagraph, the total amount of the regular assessment to 25 which this surcharge is related shall be determined as set 26 forth in subparagraph (b)3., without deducting the estimated 27 Citizens policyholder surcharge. Citizens policyholder 28 surcharges under this subparagraph are not considered premium 29 and are not subject to commissions, fees, or premium taxes; 30 however, failure to pay a market equalization surcharge shall 31 be treated as failure to pay premium. 123 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 12. The policies issued by the corporation must 2 provide that, if the corporation or the market assistance plan 3 obtains an offer from an authorized insurer to cover the risk 4 at its approved rates, the risk is no longer eligible for 5 renewal through the corporation, except as otherwise provided 6 in this subsection. 7 13. Corporation policies and applications must include 8 a notice that the corporation policy could, under this 9 section, be replaced with a policy issued by an authorized 10 insurer that does not provide coverage identical to the 11 coverage provided by the corporation. The notice shall also 12 specify that acceptance of corporation coverage creates a 13 conclusive presumption that the applicant or policyholder is 14 aware of this potential. 15 14. May establish, subject to approval by the office, 16 different eligibility requirements and operational procedures 17 for any line or type of coverage for any specified county or 18 area if the board determines that such changes to the 19 eligibility requirements and operational procedures are 20 justified due to the voluntary market being sufficiently 21 stable and competitive in such area or for such line or type 22 of coverage and that consumers who, in good faith, are unable 23 to obtain insurance through the voluntary market through 24 ordinary methods would continue to have access to coverage 25 from the corporation. When coverage is sought in connection 26 with a real property transfer, such requirements and 27 procedures shall not provide for an effective date of coverage 28 later than the date of the closing of the transfer as 29 established by the transferor, the transferee, and, if 30 applicable, the lender. 31 15. Must provide that, with respect to the high-risk 124 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 account, any assessable insurer with a surplus as to 2 policyholders of $25 million or less writing 25 percent or 3 more of its total countrywide property insurance premiums in 4 this state may petition the office, within the first 90 days 5 of each calendar year, to qualify as a limited apportionment 6 company. A regular assessment levied by the corporation on a 7 limited apportionment company for a deficit incurred by the 8 corporation for the high-risk account in 2006 or thereafter 9 may be paid to the corporation on a monthly basis as the 10 assessments are collected by the limited apportionment company 11 from its insureds pursuant to s. 627.3512, but the regular 12 assessment must be paid in full within 12 months after being 13 levied by the corporation. A limited apportionment company 14 shall collect from its policyholders any emergency assessment 15 imposed under sub-subparagraph (b)3.d. The plan shall provide 16 that, if the office determines that any regular assessment 17 will result in an impairment of the surplus of a limited 18 apportionment company, the office may direct that all or part 19 of such assessment be deferred as provided in subparagraph 20 (g)4. However, there shall be no limitation or deferment of an 21 emergency assessment to be collected from policyholders under 22 sub-subparagraph (b)3.d. 23 16. Must provide that the corporation appoint as its 24 licensed agents only those agents who also hold an appointment 25 as defined in s. 626.015(3) with an insurer who at the time of 26 the agent's initial appointment by the corporation is 27 authorized to write and is actually writing personal lines 28 residential property coverage, commercial residential property 29 coverage, or commercial nonresidential property coverage 30 within the state. 31 17. Must provide, by July 1, 2007, a premium payment 125 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 plan option to its policyholders which allows for quarterly 2 and semiannual payment of premiums. 3 18. Must provide, effective June 1, 2007, that the 4 corporation contract with each insurer providing the non-wind 5 coverage for risks insured by the corporation in the high-risk 6 account, requiring that the insurer provide claims adjusting 7 services for the wind coverage provided by the corporation for 8 such risks. An insurer is required to enter into this contract 9 as a condition of providing non-wind coverage for a risk that 10 is insured by the corporation in the high-risk account unless 11 the board finds, after a hearing, that the insurer is not 12 capable of providing adjusting services at an acceptable level 13 of quality to corporation policyholders. The terms and 14 conditions of such contracts must be substantially the same as 15 the contracts that the corporation executed with insurers 16 under the "adjust-your-own" program in 2006, except as may be 17 mutually agreed to by the parties and except for such changes 18 that the board determines are necessary to ensure that claims 19 are adjusted appropriately. The corporation shall provide a 20 process for neutral arbitration of any dispute between the 21 corporation and the insurer regarding the terms of the 22 contract. The corporation shall review and monitor the 23 performance of insurers under these contracts. 24 19. Must limit coverage on mobile homes or 25 manufactured homes built prior to 1994 to actual cash value of 26 the dwelling rather than replacement costs of the dwelling. 27 20. May provide such limits of coverage as the board 28 determines, consistent with the requirements of this 29 subsection. 30 21. May require commercial property to meet specified 31 hurricane mitigation construction features as a condition of 126 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 eligibility for coverage. 2 (m)1. 3 a. Rates for coverage provided by the corporation 4 shall be actuarially sound and subject to the requirements of 5 s. 627.062, except as otherwise provided in this paragraph. 6 The corporation shall file its recommended rates with the 7 office at least annually. The corporation shall provide any 8 additional information regarding the rates which the office 9 requires. The office shall consider the recommendations of the 10 board and issue a final order establishing the rates for the 11 corporation within 45 days after the recommended rates are 12 filed. The corporation may not pursue an administrative 13 challenge or judicial review of the final order of the office. 14 not competitive with approved rates charged in the admitted 15 voluntary market, so that the corporation functions as a 16 residual market mechanism to provide insurance only when the 17 insurance cannot be procured in the voluntary market. Rates 18 shall include an appropriate catastrophe loading factor that 19 reflects the actual catastrophic exposure of the corporation. 20 For policies in the personal lines account and the commercial 21 lines account issued or renewed on or after March 1, 2007, a 22 rate is deemed inadequate if the rate, including investment 23 income, is not sufficient to provide for the procurement of 24 coverage under the Florida Hurricane Catastrophe Fund and 25 private reinsurance costs, whether or not reinsurance is 26 procured, and to pay all claims and expenses reasonably 27 expected to result from a 100-year probable maximum loss event 28 without resort to any regular or emergency assessments, 29 long-term debt, state revenues, or other funding sources. For 30 policies in the high-risk account issued or renewed on or 31 after March 1, 2007, a rate is deemed inadequate if the rate, 127 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 including investment income, is not sufficient to provide for 2 the procurement of coverage under the Florida Hurricane 3 Catastrophe Fund and private reinsurance costs, whether or not 4 reinsurance is procured, and to pay all claims and expenses 5 reasonably expected to result from a 70-year probable maximum 6 loss event with resort to any regular or emergency 7 assessments, long-term debt, state revenues, or other funding 8 sources. For policies in the high-risk account issued or 9 renewed in 2008 and 2009, the rate must be based upon an 10 85-year and 100-year probable maximum loss event, 11 respectively. 12 b. It is the intent of the Legislature to reaffirm the 13 requirement of rate adequacy in the residual market. 14 Recognizing that rates may comply with the intent expressed in 15 sub-subparagraph a. and yet be inadequate and recognizing the 16 public need to limit subsidies within the residual market, it 17 is the further intent of the Legislature to establish 18 statutory standards for rate adequacy. Such standards are 19 intended to supplement the standard specified in s. 20 627.062(2)(e)3., providing that rates are inadequate if they 21 are clearly insufficient to sustain projected losses and 22 expenses in the class of business to which they apply. 23 2. For each county, the average rates of the 24 corporation for each line of business for personal lines 25 residential policies excluding rates for wind-only policies 26 shall be no lower than the average rates charged by the 27 insurer that had the highest average rate in that county among 28 the 20 insurers with the greatest total direct written premium 29 in the state for that line of business in the preceding year, 30 except that with respect to mobile home coverages, the average 31 rates of the corporation shall be no lower than the average 128 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 rates charged by the insurer that had the highest average rate 2 in that county among the 5 insurers with the greatest total 3 written premium for mobile home owner's policies in the state 4 in the preceding year. 5 3. Rates for personal lines residential wind-only 6 policies must be actuarially sound and not competitive with 7 approved rates charged by authorized insurers. If the filing 8 under this subparagraph is made at least 90 days before the 9 proposed effective date and the filing is not implemented 10 during the office's review of the filing and any proceeding 11 and judicial review, such filing shall be considered a "file 12 and use" filing. In such case, the office shall finalize its 13 review by issuance of a notice of intent to approve or a 14 notice of intent to disapprove within 90 days after receipt of 15 the filing. The notice of intent to approve and the notice of 16 intent to disapprove constitute agency action for purposes of 17 the Administrative Procedure Act. Requests for supporting 18 information, requests for mathematical or mechanical 19 corrections, or notification to the insurer by the office of 20 its preliminary findings shall not toll the 90-day period 21 during any such proceedings and subsequent judicial review. 22 The rate shall be deemed approved if the office does not issue 23 a notice of intent to approve or a notice of intent to 24 disapprove within 90 days after receipt of the filing. 25 Corporation rate manuals shall include a rate surcharge for 26 seasonal occupancy. To ensure that personal lines residential 27 wind-only rates are not competitive with approved rates 28 charged by authorized insurers, the corporation, in 29 conjunction with the office, shall develop a wind-only 30 ratemaking methodology, which methodology shall be contained 31 in each rate filing made by the corporation with the office. 129 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 If the office determines that the wind-only rates or rating 2 factors filed by the corporation fail to comply with the 3 wind-only ratemaking methodology provided for in this 4 subsection, it shall so notify the corporation and require the 5 corporation to amend its rates or rating factors to come into 6 compliance within 90 days of notice from the office. 7 4. The requirements of this paragraph that rates not 8 be competitive with approved rates charged by authorized 9 insurers do not apply in a county or area for which the office 10 determines that no authorized insurer is offering coverage. 11 The corporation shall amend its rates or rating factors for 12 the affected county or area in conjunction with its next rate 13 filing after such determination is made. 14 5. For the purposes of establishing a pilot program to 15 evaluate issues relating to the availability and affordability 16 of insurance in an area where historically there has been 17 little market competition, the provisions of subparagraph 2. 18 do not apply to coverage provided by the corporation in Monroe 19 County if the office determines that a reasonable degree of 20 competition does not exist for personal lines residential 21 policies. The provisions of subparagraph 3. do not apply to 22 coverage provided by the corporation in Monroe County if the 23 office determines that a reasonable degree of competition does 24 not exist for personal lines residential policies in the area 25 of that county which is eligible for wind-only coverage. In 26 this county, the rates for personal lines residential coverage 27 shall be actuarially sound and not excessive, inadequate, or 28 unfairly discriminatory and are subject to the other 29 provisions of the paragraph and s. 627.062. The commission 30 shall adopt rules establishing the criteria for determining 31 whether a reasonable degree of competition exists for personal 130 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 lines residential policies in Monroe County. By March 1, 2006, 2 the office shall submit a report to the Legislature providing 3 an evaluation of the implementation of the pilot program 4 affecting Monroe County. 5 6. Rates for commercial lines coverage shall not be 6 subject to the requirements of subparagraph 2., but shall be 7 subject to all other requirements of this paragraph and s. 8 627.062. 9 7. Nothing in this paragraph shall require or allow 10 the corporation to adopt a rate that is inadequate under s. 11 627.062. 12 8. The corporation shall certify to the office at 13 least twice annually that its personal lines rates comply with 14 the requirements of subparagraphs 1., 2., and 3. If any 15 adjustment in the rates or rating factors of the corporation 16 is necessary to ensure such compliance, the corporation shall 17 make and implement such adjustments and file its revised rates 18 and rating factors with the office. If the office thereafter 19 determines that the revised rates and rating factors fail to 20 comply with the provisions of subparagraphs 1., 2., and 3., it 21 shall notify the corporation and require the corporation to 22 amend its rates or rating factors in conjunction with its next 23 rate filing. The office must notify the corporation by 24 electronic means of any rate filing it approves for any 25 insurer among the insurers referred to in subparagraph 2. 26 2.9. In addition to the rates otherwise determined 27 pursuant to this paragraph, the corporation shall impose and 28 collect an amount equal to the premium tax provided for in s. 29 624.509 to augment the financial resources of the corporation. 30 10. The corporation shall develop a notice to 31 policyholders or applicants that the rates of Citizens 131 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Property Insurance Corporation are intended to be higher than 2 the rates of any admitted carrier and providing other 3 information the corporation deems necessary to assist 4 consumers in finding other voluntary admitted insurers willing 5 to insure their property. 6 3.11. After the public hurricane loss-projection model 7 under s. 627.06281 has been found to be accurate and reliable 8 by the Florida Commission on Hurricane Loss Projection 9 Methodology, that model shall serve as the minimum benchmark 10 for determining the windstorm portion of the corporation's 11 rates. This subparagraph does not require or allow the 12 corporation to adopt rates lower than the rates otherwise 13 required or allowed by this paragraph. 14 4. The rate filings for the corporation which were 15 approved by the office and which took effect January 1, 2007, 16 are rescinded, except for those rates that were lowered. As 17 soon as possible, the corporation shall begin using the lower 18 rates that were in effect on December 31, 2006, and shall 19 provide refunds to policyholders who have paid higher rates as 20 a result of that rate filing. The rates in effect on December 21 31, 2006, shall remain in effect for the 2007 calendar year 22 except for any rate change that results in a lower rate. The 23 next rate change that may increase rates shall take effect 24 January 1, 2008, pursuant to a new rate filing recommended by 25 the corporation and established by the office, subject to the 26 requirements of this paragraph. 27 (p)1. The corporation shall certify to the office its 28 needs for annual assessments as to a particular calendar year, 29 and for any interim assessments that it deems to be necessary 30 to sustain operations as to a particular year pending the 31 receipt of annual assessments. Upon verification, the office 132 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 shall approve such certification, and the corporation shall 2 levy such annual or interim assessments. Such assessments 3 shall be prorated as provided in paragraph (b). The 4 corporation shall take all reasonable and prudent steps 5 necessary to collect the amount of assessment due from each 6 assessable insurer, including, if prudent, filing suit to 7 collect such assessment. If the corporation is unable to 8 collect an assessment from any assessable insurer, the 9 uncollected assessments shall be levied as an additional 10 assessment against the assessable insurers and any assessable 11 insurer required to pay an additional assessment as a result 12 of such failure to pay shall have a cause of action against 13 such nonpaying assessable insurer. Assessments shall be 14 included as an appropriate factor in the making of rates. The 15 failure of a surplus lines agent to collect and remit any 16 regular or emergency assessment levied by the corporation is 17 considered to be a violation of s. 626.936 and subjects the 18 surplus lines agent to the penalties provided in that section. 19 2. The governing body of any unit of local government, 20 any residents of which are insured by the corporation, may 21 issue bonds as defined in s. 125.013 or s. 166.101 from time 22 to time to fund an assistance program, in conjunction with the 23 corporation, for the purpose of defraying deficits of the 24 corporation. In order to avoid needless and indiscriminate 25 proliferation, duplication, and fragmentation of such 26 assistance programs, any unit of local government, any 27 residents of which are insured by the corporation, may provide 28 for the payment of losses, regardless of whether or not the 29 losses occurred within or outside of the territorial 30 jurisdiction of the local government. Revenue bonds under this 31 subparagraph may not be issued until validated pursuant to 133 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 chapter 75, unless a state of emergency is declared by 2 executive order or proclamation of the Governor pursuant to s. 3 252.36 making such findings as are necessary to determine that 4 it is in the best interests of, and necessary for, the 5 protection of the public health, safety, and general welfare 6 of residents of this state and declaring it an essential 7 public purpose to permit certain municipalities or counties to 8 issue such bonds as will permit relief to claimants and 9 policyholders of the corporation. Any such unit of local 10 government may enter into such contracts with the corporation 11 and with any other entity created pursuant to this subsection 12 as are necessary to carry out this paragraph. Any bonds issued 13 under this subparagraph shall be payable from and secured by 14 moneys received by the corporation from emergency assessments 15 under sub-subparagraph (b)3.d., and assigned and pledged to or 16 on behalf of the unit of local government for the benefit of 17 the holders of such bonds. The funds, credit, property, and 18 taxing power of the state or of the unit of local government 19 shall not be pledged for the payment of such bonds. If any of 20 the bonds remain unsold 60 days after issuance, the office 21 shall require all insurers subject to assessment to purchase 22 the bonds, which shall be treated as admitted assets; each 23 insurer shall be required to purchase that percentage of the 24 unsold portion of the bond issue that equals the insurer's 25 relative share of assessment liability under this subsection. 26 An insurer shall not be required to purchase the bonds to the 27 extent that the office determines that the purchase would 28 endanger or impair the solvency of the insurer. 29 3.a. The corporation shall adopt one or more programs 30 subject to approval by the office for the reduction of both 31 new and renewal writings in the corporation. Beginning January 134 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 1, 2008, any program the corporation adopts for the payment of 2 bonuses to an insurer for each risk the insurer removes from 3 the corporation shall comply with s. 627.3511(2) and may not 4 exceed the amount referenced in s. 627.3511(2) for each risk 5 removed. The corporation may consider any prudent and not 6 unfairly discriminatory approach to reducing corporation 7 writings, and may adopt a credit against assessment liability 8 or other liability that provides an incentive for insurers to 9 take risks out of the corporation and to keep risks out of the 10 corporation by maintaining or increasing voluntary writings in 11 counties or areas in which corporation risks are highly 12 concentrated and a program to provide a formula under which an 13 insurer voluntarily taking risks out of the corporation by 14 maintaining or increasing voluntary writings will be relieved 15 wholly or partially from assessments under sub-subparagraphs 16 (b)3.a. and b. However, any "take-out bonus" or payment to an 17 insurer must be conditioned on the property being insured for 18 at least 5 years by the insurer, unless canceled or nonrenewed 19 by the policyholder. If the policy is canceled or nonrenewed 20 by the policyholder before the end of the 5-year period, the 21 amount of the take-out bonus must be prorated for the time 22 period the policy was insured. When the corporation enters 23 into a contractual agreement for a take-out plan, the 24 producing agent of record of the corporation policy is 25 entitled to retain any unearned commission on such policy, and 26 the insurer shall either: 27 (I) Pay to the producing agent of record of the 28 policy, for the first year, an amount which is the greater of 29 the insurer's usual and customary commission for the type of 30 policy written or a policy fee equal to the usual and 31 customary commission of the corporation; or 135 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (II) Offer to allow the producing agent of record of 2 the policy to continue servicing the policy for a period of 3 not less than 1 year and offer to pay the agent the insurer's 4 usual and customary commission for the type of policy written. 5 If the producing agent is unwilling or unable to accept 6 appointment by the new insurer, the new insurer shall pay the 7 agent in accordance with sub-sub-subparagraph (I). 8 b. Any credit or exemption from regular assessments 9 adopted under this subparagraph shall last no longer than the 10 3 years following the cancellation or expiration of the policy 11 by the corporation. With the approval of the office, the board 12 may extend such credits for an additional year if the insurer 13 guarantees an additional year of renewability for all policies 14 removed from the corporation, or for 2 additional years if the 15 insurer guarantees 2 additional years of renewability for all 16 policies so removed. 17 c. There shall be no credit, limitation, exemption, or 18 deferment from emergency assessments to be collected from 19 policyholders pursuant to sub-subparagraph (b)3.d. 20 4. The plan shall provide for the deferment, in whole 21 or in part, of the assessment of an assessable insurer, other 22 than an emergency assessment collected from policyholders 23 pursuant to sub-subparagraph (b)3.d., if the office finds that 24 payment of the assessment would endanger or impair the 25 solvency of the insurer. In the event an assessment against an 26 assessable insurer is deferred in whole or in part, the amount 27 by which such assessment is deferred may be assessed against 28 the other assessable insurers in a manner consistent with the 29 basis for assessments set forth in paragraph (b). 30 5. Effective July 1, 2007, in order to evaluate the 31 costs and benefits of approved take-out plans, if the 136 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 corporation pays a bonus or other payment to an insurer for an 2 approved take-out plan, it shall maintain a record of the 3 address or such other identifying information on the property 4 or risk removed in order to track if and when the property or 5 risk is later insured by the corporation. 6 6. Any policy taken out, assumed, or removed from the 7 corporation is, as of the effective date of the take-out, 8 assumption, or removal, direct insurance issued by the insurer 9 and not by the corporation, even if the corporation continues 10 to service the policies. This subparagraph applies to policies 11 of the corporation and not policies taken out, assumed, or 12 removed from any other entity. 13 (s) For the purposes of s. 199.183(1), the corporation 14 shall be considered a political subdivision of the state and 15 shall be exempt from the corporate income tax. The premiums, 16 assessments, investment income, and other revenue of the 17 corporation are funds received for providing property 18 insurance coverage as required by this subsection, paying 19 claims for Florida citizens insured by the corporation, 20 securing and repaying debt obligations issued by the 21 corporation, and conducting all other activities of the 22 corporation, and shall not be considered taxes, fees, 23 licenses, or charges for services imposed by the Legislature 24 on individuals, businesses, or agencies outside state 25 government. Bonds and other debt obligations issued by or on 26 behalf of the corporation are not to be considered "state 27 bonds" within the meaning of s. 215.58(8). The corporation is 28 not subject to the procurement provisions of chapter 287, and 29 policies and decisions of the corporation relating to 30 incurring debt, levying of assessments and the sale, issuance, 31 continuation, terms and claims under corporation policies, and 137 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 all services relating thereto, are not subject to the 2 provisions of chapter 120. The corporation is not required to 3 obtain or to hold a certificate of authority issued by the 4 office, nor is it required to participate as a member insurer 5 of the Florida Insurance Guaranty Association. However, the 6 corporation is required to pay, in the same manner as an 7 authorized insurer, assessments levied pledged by the Florida 8 Insurance Guaranty Association to secure bonds issued or other 9 indebtedness incurred to pay covered claims arising from 10 insurer insolvencies caused by, or proximately related to, 11 hurricane losses. It is the intent of the Legislature that the 12 tax exemptions provided in this paragraph will augment the 13 financial resources of the corporation to better enable the 14 corporation to fulfill its public purposes. Any debt 15 obligations issued by the corporation, their transfer, and the 16 income therefrom, including any profit made on the sale 17 thereof, shall at all times be free from taxation of every 18 kind by the state and any political subdivision or local unit 19 or other instrumentality thereof; however, this exemption does 20 not apply to any tax imposed by chapter 220 on interest, 21 income, or profits on debt obligations owned by corporations 22 other than the corporation. 23 (ee) The assets of the corporation may be invested and 24 managed by the State Board of Administration. 25 Section 28. It is the intent of the Legislature that 26 commercial nonresidential property insurance coverage be made 27 available from Citizens Property Insurance Corporation 28 (Citizens), under s. 627.351(6), Florida Statutes, as amended 29 by this act, rather than from the Property and Casualty Joint 30 Underwriting Association (PCJUA), under s. 627.351(5), Florida 31 Statutes. As soon as it is reasonably able to do so, Citizens 138 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 shall adopt, subject to approval of the Office of Insurance 2 Regulation, a plan providing for the transition of such 3 coverage from the PCJUA to Citizens under such forms, rates, 4 terms, and conditions as the board of Citizens considers 5 appropriate. The plan shall include any contractual agreements 6 between Citizens and the PCJUA which are required to effect 7 the transition. In the transition plan, Citizens may assume 8 policies or otherwise provide coverage for the commercial 9 nonresidential policyholders of the PCJUA and may also provide 10 for allocating to the appropriate account or accounts of 11 Citizens the revenues, assets, liabilities, losses, and 12 expenses associated with policies of the PCJUA which are 13 assumed or otherwise covered by Citizens. It is the intent of 14 the Legislature that the transition plan be implemented in a 15 manner that does not adversely affect the creditworthiness of 16 or security for currently outstanding financing obligations or 17 credit facilities of the high-risk account, the personal lines 18 account, or the commercial lines account. The order issued by 19 the Office of Insurance Regulation may allow the PCJUA to 20 continue to issue such coverage until the time that Citizens 21 begins issuing such coverage. 22 Section 29. Subsections (3), (4), (5), and (7) of 23 section 627.701, Florida Statutes, are amended to read: 24 627.701 Liability of insureds; coinsurance; 25 deductibles.-- 26 (3)(a) A policy of residential property insurance 27 shall include a deductible amount applicable to hurricane 28 losses no lower than $500 and no higher than 2 percent of the 29 policy dwelling limits with respect to personal lines 30 residential risks, and no higher than 3 percent of the policy 31 limits with respect to commercial lines residential risks; 139 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 however, if a risk was covered on August 24, 1992, under a 2 policy having a higher deductible than the deductibles allowed 3 by this paragraph, a policy covering such risk may include a 4 deductible no higher than the deductible in effect on August 5 24, 1992. Notwithstanding the other provisions of this 6 paragraph, a personal lines residential policy covering a risk 7 valued at $50,000 or less may include a deductible amount 8 attributable to hurricane losses no lower than $250, and a 9 personal lines residential policy covering a risk valued at 10 $100,000 or more may include a deductible amount attributable 11 to hurricane losses no higher than 10 percent of the policy 12 limits unless subject to a higher deductible on August 24, 13 1992; however, no maximum deductible is required with respect 14 to a personal lines residential policy covering a risk valued 15 at more than $500,000. An insurer may require a higher 16 deductible, provided such deductible is the same as or similar 17 to a deductible program lawfully in effect on June 14, 1995. 18 In addition to the deductible amounts authorized by this 19 paragraph, an insurer may also offer policies with a copayment 20 provision under which, after exhaustion of the deductible, the 21 policyholder is responsible for 10 percent of the next $10,000 22 of insured hurricane losses. 23 (a)(b)1. Except as otherwise provided in this 24 paragraph, prior to issuing a personal lines residential 25 property insurance policy on or after January 1, 2006, or 26 prior to the first renewal of a residential property insurance 27 policy on or after January 1, 2006, the insurer must offer 28 alternative deductible amounts applicable to hurricane losses 29 equal to $500, 2 percent, 5 percent, and 10 percent of the 30 policy dwelling limits, unless the specific percentage 31 deductible is less than $500. The written notice of the offer 140 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 shall specify the hurricane or wind deductible to be applied 2 in the event that the applicant or policyholder fails to 3 affirmatively choose a hurricane deductible. The insurer must 4 provide such policyholder with notice of the availability of 5 the deductible amounts specified in this paragraph in a form 6 approved by the office in conjunction with each renewal of the 7 policy. The failure to provide such notice constitutes a 8 violation of this code but does not affect the coverage 9 provided under the policy. 10 2. For policies issued or renewed on or after July 1, 11 2007, an insurer that is subject to subparagraph 1. must also 12 offer a deductible applicable to hurricane losses which covers 13 50 percent of the policyholder's equity in a structure that is 14 subject to a mortgage or lien. As a condition of making this 15 offer, the insurer may require the policyholder or financial 16 institution or other lienholder that holds the mortgage to 17 provide documentation annually to the insurer identifying the 18 amount of the policyholder's equity projected for the policy 19 year. The deductible may be structured to cover 50 percent of 20 the policyholder's equity as of the effective date of the 21 policy renewal or the deductible may be scheduled to reflect a 22 monthly adjustment that tracks the change in the 23 policyholder's equity. The commission may adopt rules to 24 administer this subparagraph. 25 3.2. This paragraph does not apply with respect to a 26 deductible program lawfully in effect on June 14, 1995, or to 27 any similar deductible program, if the deductible program 28 requires a minimum deductible amount of no less than 2 percent 29 of the policy limits. 30 4.3. With respect to a policy covering a risk with 31 dwelling limits of at least $100,000, but less than $250,000, 141 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 the insurer may, in lieu of offering a policy with a $500 2 hurricane or wind deductible as required by subparagraph 1., 3 offer a policy that the insurer guarantees it will not 4 nonrenew for reasons of reducing hurricane loss for one 5 renewal period and that contains up to a 2 percent hurricane 6 or wind deductible as required by subparagraph 1. 7 5.4. With respect to a policy covering a risk with 8 dwelling limits of $250,000 or more, the insurer need not 9 offer the $500 hurricane deductible as required by 10 subparagraph 1., but must, except as otherwise provided in 11 this subsection, offer the other hurricane deductibles as 12 required by subparagraph 1. 13 (4)(a) Any policy that contains a separate hurricane 14 deductible must on its face include in boldfaced type no 15 smaller than 18 points the following statement: "THIS POLICY 16 CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY 17 RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." A policy 18 containing a coinsurance provision applicable to hurricane 19 losses must on its face include in boldfaced type no smaller 20 than 18 points the following statement: "THIS POLICY CONTAINS 21 A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET 22 EXPENSES TO YOU." 23 (b) Beginning October 1, 2005, For any personal lines 24 residential property insurance policy containing a separate 25 hurricane deductible, the insurer shall compute and 26 prominently display the actual dollar value of the hurricane 27 deductible on the declarations page of the policy at issuance 28 and, for renewal, on the renewal declarations page of the 29 policy or on the premium renewal notice. 30 (c) Beginning October 1, 2005, For any personal lines 31 residential property insurance policy containing an inflation 142 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 guard rider, the insurer shall compute and prominently display 2 the actual dollar value of the hurricane deductible on the 3 declarations page of the policy at issuance and, for renewal, 4 on the renewal declarations page of the policy or on the 5 premium renewal notice. In addition, beginning October 1, 6 2005, for any personal lines residential property insurance 7 policy containing an inflation guard rider, the insurer shall 8 notify the policyholder of the possibility that the hurricane 9 deductible may be higher than indicated when loss occurs due 10 to application of the inflation guard rider. Such notification 11 shall be made on the declarations page of the policy at 12 issuance and, for renewal, on the renewal declarations page of 13 the policy or on the premium renewal notice. 14 (d)1. A personal lines residential property insurance 15 policy covering a risk valued at less than $500,000 may not 16 have a hurricane deductible in excess of 10 percent of the 17 policy dwelling limits, unless the following conditions are 18 met: 19 a. The policyholder must personally write and provide 20 to the insurer the following statement in his or her own 21 handwriting and signs his or her name, which must also be 22 signed by every other named insured on the policy, and dated: 23 "I do not want the insurance on my home to pay for the first 24 (specify dollar value) of damage from hurricanes. I will pay 25 those costs. My insurance will not." 26 b. If the structure insured by the policy is subject 27 to a mortgage or lien, the policyholder must provide the 28 insurer with a written statement from the mortgageholder or 29 lienholder indicating that the mortgageholder or lienholder 30 approves the policyholder electing to have the specified 31 deductible. 143 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 2. A deductible subject to the requirements of this 2 paragraph applies only for the term of the policy and must be 3 newly executed upon each renewal pursuant to the requirements 4 of this paragraph. 5 3. An insurer shall keep the original copy of the 6 signed statement required by this paragraph and provide a copy 7 to the policyholder providing the signed statement. A signed 8 statement meeting the requirements of this paragraph creates a 9 presumption that there was an informed, knowing election of 10 coverage. 11 4. The commission shall adopt rules providing 12 appropriate alternative methods for providing the statements 13 required by this section for policyholders who have a 14 handicapping or disabling condition that prevents them from 15 providing a handwritten statement. 16 (5)(a) The hurricane deductible of any personal lines 17 residential property insurance policy issued or renewed on or 18 after May 1, 2005, shall be applied as follows: 19 1. The hurricane deductible shall apply on an annual 20 basis to all covered hurricane losses that occur during the 21 calendar year for losses that are covered under one or more 22 policies issued by the same insurer or an insurer in the same 23 insurer group. 24 2. If a hurricane deductible applies separately to 25 each of one or more structures insured under a single policy, 26 the requirements of this paragraph apply with respect to the 27 deductible for each structure. 28 3. If there was a hurricane loss for a prior hurricane 29 or hurricanes during the calendar year, the insurer may apply 30 a deductible to a subsequent hurricane which is the greater of 31 the remaining amount of the hurricane deductible or the amount 144 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 of the deductible that applies to perils other than a 2 hurricane. Insurers may require policyholders to report 3 hurricane losses that are below the hurricane deductible or to 4 maintain receipts or other records of such hurricane losses in 5 order to apply such losses to subsequent hurricane claims. 6 4. If there are hurricane losses in a calendar year on 7 more than one policy issued by the same insurer or an insurer 8 in the same insurer group, the hurricane deductible shall be 9 the highest amount stated in any one of the policies. If a 10 policyholder who had a hurricane loss under the prior policy 11 is provided or offered a lower hurricane deductible under the 12 new or renewal policy, the insurer must notify the 13 policyholder, in writing, at the time the lower hurricane 14 deductible is provided or offered, that the lower hurricane 15 deductible will not apply until January 1 of the following 16 calendar year. 17 (b) For commercial residential property insurance 18 policies issued or renewed on or after January 1, 2006, the 19 insurer must offer the policyholder the following alternative 20 hurricane deductibles: 21 1. A hurricane deductible that applies on an annual 22 basis as provided in paragraph (a); and 23 2. A hurricane deductible that applies to each 24 hurricane. 25 (7) Prior to issuing a personal lines residential 26 property insurance policy on or after April 1, 1997, or prior 27 to the first renewal of a residential property insurance 28 policy on or after April 1, 1997, the insurer must offer a 29 deductible equal to $500 applicable to losses from perils 30 other than hurricane. The insurer must provide the 31 policyholder with notice of the availability of the deductible 145 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 specified in this subsection in a form approved by the office 2 at least once every 3 years. The failure to provide such 3 notice constitutes a violation of this code but does not 4 affect the coverage provided under the policy. An insurer may 5 require a higher deductible only as part of a deductible 6 program lawfully in effect on June 1, 1996, or as part of a 7 similar deductible program. 8 Section 30. Effective July 1, 2007, section 627.706, 9 Florida Statutes, is amended to read: 10 627.706 Sinkhole insurance; definitions.-- 11 (1) Every insurer authorized to transact property 12 insurance in this state shall provide coverage for a 13 catastrophic ground cover collapse and shall make available, 14 for an appropriate additional premium, coverage for insurable 15 sinkhole losses on any structure, including contents of 16 personal property contained therein, to the extent provided in 17 the form to which the sinkhole coverage attaches. A policy for 18 residential property insurance may include a deductible amount 19 applicable to sinkhole losses equal to 1 percent, 2 percent, 5 20 percent, or 10 percent of the policy dwelling limits, with 21 appropriate premium discounts offered with each deductible 22 amount. 23 (2) As used in ss. 627.706-627.7074, and as used in 24 connection with any policy providing coverage for a 25 catastrophic ground cover collapse or for sinkhole losses: 26 (a) "Catastrophic ground cover collapse" means 27 geological activity that results in the collapse of the ground 28 cover and the insured structure being condemned and ordered to 29 be vacated by the governmental agency authorized by law to 30 issue such an order for that structure. 31 (b)(a) "Sinkhole" means a landform created by 146 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 subsidence of soil, sediment, or rock as underlying strata are 2 dissolved by groundwater. A sinkhole may form by collapse into 3 subterranean voids created by dissolution of limestone or 4 dolostone or by subsidence as these strata are dissolved. 5 (c)(b) "Sinkhole loss" means structural damage to the 6 building, including the foundation, caused by sinkhole 7 activity. Contents coverage shall apply only if there is 8 structural damage to the building caused by sinkhole activity. 9 (d)(c) "Sinkhole activity" means settlement or 10 systematic weakening of the earth supporting such property 11 only when such settlement or systematic weakening results from 12 movement or raveling of soils, sediments, or rock materials 13 into subterranean voids created by the effect of water on a 14 limestone or similar rock formation. 15 (e)(d) "Professional engineer" means a person, as 16 defined in s. 471.005, who has a bachelor's degree or higher 17 in engineering with a specialty in the geotechnical 18 engineering field. A professional engineer must have 19 geotechnical experience and expertise in the identification of 20 sinkhole activity as well as other potential causes of damage 21 to the structure. 22 (f)(e) "Professional geologist" means a person, as 23 defined by s. 492.102, who has a bachelor's degree or higher 24 in geology or related earth science with expertise in the 25 geology of Florida. A professional geologist must have 26 geological experience and expertise in the identification of 27 sinkhole activity as well as other potential geologic causes 28 of damage to the structure. 29 (3) Every insurer authorized to transact property 30 insurance in this state shall make a proper filing with the 31 office for the purpose of extending the appropriate forms of 147 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 property insurance to include coverage for catastrophic ground 2 cover collapse or for sinkhole losses. 3 Section 31. Subsection (2) of section 627.7065, 4 Florida Statutes, is amended to read: 5 627.7065 Database of information relating to 6 sinkholes; the Department of Financial Services and the 7 Department of Environmental Protection.-- 8 (2) The Department of Financial Services, including 9 the employee of the Division of Consumer Services designated 10 as the primary contact for consumers on issues relating to 11 sinkholes, and the Office of the Insurance Consumer Advocate 12 shall consult with the Florida Geological Survey and the 13 Department of Environmental Protection to implement a 14 statewide automated database of sinkholes and related activity 15 identified in the state. 16 Section 32. Effective July 1, 2007, section 627.712, 17 Florida Statutes, is created to read: 18 627.712 Residential hurricane coverage required; 19 availability of exclusions for windstorm or contents.-- 20 (1) An insurer issuing a residential property 21 insurance policy must provide hurricane or windstorm coverage 22 as defined in s. 627.4025. This subsection does not apply with 23 respect to risks that are eligible for wind-only coverage from 24 Citizens Property Insurance Corporation under s. 627.351(6). 25 (2) An insurer that is subject to subsection (1) must 26 make available, at the option of the policyholder, an 27 exclusion of hurricane coverage or windstorm coverage. The 28 coverage may be excluded only if: 29 (a) The policyholder personally writes and provides to 30 the insurer the following statement in his or her own 31 handwriting and signs his or her name, which must also be 148 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 signed by every other named insured on the policy, and dated: 2 "I do not want the insurance on my (home / mobile home / 3 condominium unit) to pay for damage from windstorms or 4 hurricanes. I will pay those costs. My insurance will not." 5 (b) If the structure insured by the policy is subject 6 to a mortgage or lien, the policyholder must provide the 7 insurer with a written statement from the mortgageholder or 8 lienholder indicating that the mortgageholder or lienholder 9 approves the policyholder electing to exclude windstorm 10 coverage or hurricane coverage from his or her residential 11 property insurance policy. 12 (3) An insurer issuing a residential property 13 insurance policy, except for a condominium unit owner's 14 policy, must make available, at the option of the 15 policyholder, an exclusion of coverage for the contents. The 16 coverage may be excluded only if the policyholder personally 17 writes and provides to the insurer the following statement in 18 his or her own handwriting and signs his or her signature, 19 which must also be signed by every other named insured on the 20 policy, and dated: "I do not want the insurance on my (home / 21 mobile home) to pay for the costs to repair or replace any 22 contents that are damaged. I will pay those costs. My 23 insurance will not." 24 (4) An insurer shall keep the original copy of a 25 signed statement required by this section and provide a copy 26 to the policyholder providing the signed statement. A signed 27 statement meeting the requirements of this section creates a 28 presumption that there was an informed, knowing rejection of 29 coverage. 30 (5) The exclusions authorized by this section are 31 valid only for the term of the contract and must be newly 149 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 executed upon each contract renewal pursuant to the 2 requirements of this section. 3 (6) The commission shall adopt rules providing 4 appropriate alternative methods for providing the statements 5 required by this section for policyholders who have a 6 handicapping or disabling condition that prevents them from 7 providing a handwritten statement. 8 Section 33. Section 627.713, Florida Statutes, is 9 created to read: 10 627.713 Report of hurricane loss data.-- 11 (1) The office may require property insurers to report 12 data regarding hurricane claims and underwriting costs, 13 including, but not limited to: 14 (a) Number of claims; 15 (b) Amount of claim payments made; 16 (c) Number and amount of total-loss claims; 17 (d) Amount and percentage of losses covered by 18 reinsurance or other loss-transfer agreements; 19 (e) Amount of losses covered under specified 20 deductibles; 21 (f) Claims and payments for specified insured values; 22 (g) Claims and payments for specified dollar values; 23 (h) Claims and payments for specified types of 24 construction or mitigation features; 25 (i) Claims and payments for policies under specified 26 underwriting criteria; 27 (j) Claims and payments for contents, additional 28 living expense, and other specified coverages; 29 (k) Claims and payments by county for the information 30 specified in this section; and 31 (l) Any other data that the office requires. 150 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (2) The commission may adopt rules pursuant to ss. 2 120.536(1) and 120.54 to administer this section. 3 Section 34. Paragraph (e) of subsection (3) and 4 subsection (4) of section 631.57, Florida Statutes, are 5 amended to read: 6 631.57 Powers and duties of the association.-- 7 (3) 8 (e)1. 9 a. In addition to assessments otherwise authorized in 10 paragraph (a) and to the extent necessary to secure the funds 11 for the account specified in s. 631.55(2)(c) for the direct 12 payment of covered claims and to pay the reasonable costs to 13 administer such claims, or to retire indebtedness, including, 14 without limitation, the principal, redemption premium, if any, 15 and interest on, and related costs of issuance of, bonds 16 issued under s. 631.695 and the funding of any reserves and 17 other payments required under the bond resolution or trust 18 indenture pursuant to which such bonds have been issued, the 19 office, upon certification of the board of directors, shall 20 levy emergency assessments upon insurers holding a certificate 21 of authority. The emergency assessments payable under this 22 paragraph by any insurer shall not exceed in any single year 23 more than 2 percent of that insurer's direct written premiums, 24 net of refunds, in this state during the preceding calendar 25 year for the kinds of insurance within the account specified 26 in s. 631.55(2)(c). 27 b. Any emergency assessments authorized under this 28 paragraph shall be levied by the office upon insurers referred 29 to in sub-subparagraph a., upon certification as to the need 30 for such assessments by the board of directors. In the event 31 the board of directors participates in the issuance of bonds 151 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 in accordance with s. 631.695, emergency assessments shall be 2 levied, in each year that bonds issued under s. 631.695 and 3 secured by such emergency assessments are outstanding, in such 4 amounts up to such 2-percent limit as required in order to 5 provide for the full and timely payment of the principal of, 6 redemption premium, if any, and interest on, and related costs 7 of issuance of, such bonds. The emergency assessments provided 8 for in this paragraph are assigned and pledged to the 9 municipality, county, or legal entity issuing bonds under s. 10 631.695 for the benefit of the holders of such bonds, in order 11 to enable such municipality, county, or legal entity to 12 provide for the payment of the principal of, redemption 13 premium, if any, and interest on such bonds, the cost of 14 issuance of such bonds, and the funding of any reserves and 15 other payments required under the bond resolution or trust 16 indenture pursuant to which such bonds have been issued, 17 without the necessity of any further action by the 18 association, the office, or any other party. To the extent 19 bonds are issued under s. 631.695 and the association 20 determines to secure such bonds by a pledge of revenues 21 received from the emergency assessments, such bonds, upon such 22 pledge of revenues, shall be secured by and payable from the 23 proceeds of such emergency assessments, and the proceeds of 24 emergency assessments levied under this paragraph shall be 25 remitted directly to and administered by the trustee or 26 custodian appointed for such bonds. 27 c. Emergency assessments under this paragraph may be 28 payable in a single payment or, at the option of the 29 association, may be payable in 12 monthly installments with 30 the first installment being due and payable at the end of the 31 month after an emergency assessment is levied and subsequent 152 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 installments being due not later than the end of each 2 succeeding month. 3 d. If emergency assessments are imposed, the report 4 required by s. 631.695(7) shall include an analysis of the 5 revenues generated from the emergency assessments imposed 6 under this paragraph. 7 e. If emergency assessments are imposed, the 8 references in sub-subparagraph (1)(a)3.b. and s. 631.695(2) 9 and (7) to assessments levied under paragraph (a) shall 10 include emergency assessments imposed under this paragraph. 11 2. In order to ensure that insurers paying emergency 12 assessments levied under this paragraph continue to charge 13 rates that are neither inadequate nor excessive, within 90 14 days after being notified of such assessments, each insurer 15 that is to be assessed pursuant to this paragraph shall submit 16 a rate filing for coverage included within the account 17 specified in s. 631.55(2)(c) and for which rates are required 18 to be filed under s. 627.062. If the filing reflects a rate 19 change that, as a percentage, is equal to the difference 20 between the rate of such assessment and the rate of the 21 previous year's assessment under this paragraph, the filing 22 shall consist of a certification so stating and shall be 23 deemed approved when made. Any rate change of a different 24 percentage shall be subject to the standards and procedures of 25 s. 627.062. 26 3. In the event the board of directors participates in 27 the issuance of bonds in accordance with s. 631.695, an annual 28 assessment under this paragraph shall continue while the bonds 29 issued with respect to which the assessment was imposed are 30 outstanding, including any bonds the proceeds of which were 31 used to refund bonds issued pursuant to s. 631.695, unless 153 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 adequate provision has been made for the payment of the bonds 2 in the documents authorizing the issuance of such bonds. 3 4. Emergency assessments under this paragraph are not 4 premium and are not subject to the premium tax, to any fees, 5 or to any commissions. An insurer is liable for all emergency 6 assessments that the insurer collects and shall treat the 7 failure of an insured to pay an emergency assessment as a 8 failure to pay the premium. An insurer is not liable for 9 uncollectible emergency assessments. 10 (4) The department may exempt any insurer from any 11 regular or emergency an assessment if an assessment would 12 result in such insurer's financial statement reflecting an 13 amount of capital or surplus less than the sum of the minimum 14 amount required by any jurisdiction in which the insurer is 15 authorized to transact insurance. 16 Section 35. The amendments to section 34 of chapter 17 2006-12, Laws of Florida, authorized the Florida Insurance 18 Guaranty Association to certify, and the Office of Insurance 19 Regulation to levy, an emergency assessment of up to 2 percent 20 to either directly pay the covered claims out of the account 21 specified in s. 631.55(2)(c), Florida Statutes, or to use the 22 proceeds of such emergency assessment to retire the 23 indebtedness and the costs of bonds issued to pay such claims 24 and reasonable claims-administration costs. 25 Section 36. Subsection (1) of section 631.912, Florida 26 Statutes, is amended to read: 27 631.912 Board of directors.-- 28 (1) The board of directors of the corporation shall 29 consist of 11 persons, 1 of whom is the Insurance Consumer 30 Advocate appointed under s. 350.0615 s. 627.0613 or designee 31 and 1 of whom is designated by the Chief Financial Officer. 154 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 The department shall appoint to the board 6 persons selected 2 by private carriers from among the 20 workers' compensation 3 insurers with the largest amount of net direct written premium 4 as determined by the department, and 3 persons selected by the 5 self-insurance funds. At least two of the private carriers 6 shall be foreign carriers authorized to do business in this 7 state. The board shall elect a chairperson from among its 8 members. The Chief Financial Officer may remove any board 9 member for cause. Each board member shall serve for a 4-year 10 term and may be reappointed. A vacancy on the board shall be 11 filled for the remaining period of the term in the same manner 12 by which the original appointment was made. 13 Section 37. Effective July 1, 2007, subsection (6) of 14 section 627.0629, Florida Statutes, is repealed. 15 Section 38. Windstorm Mitigation Study Commission.-- 16 (1)(a) The Windstorm Mitigation Study Commission is 17 created and shall be composed of five members as follows: 18 1. Three members shall be appointed by the Governor, 19 with one designated by the Governor to serve as chair. 20 2. One member shall be appointed by the Chief 21 Financial Officer. 22 3. One member shall be appointed by the Commissioner 23 of Insurance Regulation. 24 (b) Each member must be knowledgeable of issues 25 concerning the mitigation of the effects of windstorms on 26 structures in this state and at least one member must 27 represent primarily the interests of homeowners. 28 (2)(a) The members of the commission shall serve 29 without compensation, but are entitled to reimbursement for 30 all necessary expenses incurred in performing their duties, 31 including travel expenses, in accordance with s. 112.061, 155 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Florida Statutes. 2 (b) The commission shall meet as necessary, at the 3 call of the chair, and at the time and place designated by the 4 chair. The commission may conduct its meetings through 5 teleconferences or other similar means. 6 (3) The Department of Financial Services, the Office 7 of Insurance Regulation, the Citizens Property Insurance 8 Corporation, and other agencies of this state shall supply any 9 information, assistance, and facilities that are considered 10 necessary by the commission to carry out its duties under this 11 section. The Executive Office of the Governor shall provide 12 staff assistance as necessary in order to carry out the 13 required clerical and administrative functions of the 14 commission. 15 (4) The commission shall analyze those solutions and 16 programs that address the state's acute need to mitigate the 17 effects of windstorms on structures, especially residential 18 property that is located in areas at greatest risk of 19 windstorm damage, including programs or proposals that provide 20 for: 21 (a) The availability of home inspections for windstorm 22 resistance; 23 (b) Grants to assist homeowners, and possibly other 24 groups of property owners, to harden their property against 25 windstorm damage; 26 (c) The full actuarial value to be reflected in 27 premium credits for windstorm mitigation; 28 (d) The most effective way to inform policyholders of 29 the availability of and means by which to obtain premium 30 credits for windstorm mitigation; 31 (e) Coordination among federal, local, and private 156 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 initiatives; 2 (f) Streamlining or strengthening applicable state, 3 regional, and local regulations; 4 (g) The stimulation of public and private efforts to 5 mitigate against windstorm injury and damage; 6 (h) The discovery and assessment of funding sources 7 for windstorm mitigation; 8 (i) Tax incentives for windstorm mitigation; 9 (j) Consumer information concerning the benefits of 10 windstorm mitigation, including personal safety as well as 11 property security; 12 (k) Research on windstorm mitigation; and 13 (l) The development of a form for uniform mitigation 14 verification inspection to be used by insurers when factoring 15 discounts for wind insurance which clearly specifies the 16 procedures necessary to receive the full value of a discount. 17 18 The commission may develop any other solutions and programs 19 that it considers appropriate. 20 (5) In performing its analysis, the commission shall 21 consider both the safety of the residents of this state and 22 the protection of real property, especially residential. In 23 addition, the commission shall consider both short-term and 24 long-term solutions and programs. 25 (6) The commission shall review, evaluate, and make 26 recommendations regarding existing and proposed programs and 27 initiatives for mitigating windstorm damage. 28 (7) The commission shall provide recommendations, 29 including proposed legislation, to the Governor, the President 30 of the Senate, the Speaker of the House of Representatives, 31 the Chief Financial Officer, and the Commissioner of Insurance 157 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Regulation by March 30, 2007. 2 Section 39. Florida Disaster Recovery Initiative.-- 3 (1) There is established within the Department of 4 Community Affairs the Florida Disaster Recovery Initiative for 5 the purpose of assisting local governments in satisfying 6 disaster-recovery needs in the areas of low-income housing and 7 infrastructure, with a primary focus on the hardening of 8 single-family and multifamily housing units, not only to 9 ensure that affordable housing can withstand the effects of 10 hurricane-force winds, but also to mitigate the increasing 11 costs of insurance, which may ultimately render existing 12 affordable homes unaffordable or uninsurable. This section 13 does not create an entitlement for local governments or 14 property owners or obligate the state in any way to fund 15 disaster-recovery needs. Implementation of this initiative is 16 subject to annual legislative appropriations. 17 (2) The Department of Community Affairs shall 18 administer the initiative using funds provided through the 19 Emergency Supplemental Appropriations Act for Defense, the 20 Global War on Terror, and Hurricane Recovery, 2006, and those 21 funds shall be used to assist local governments in satisfying 22 their disaster-recovery needs in the areas of housing and 23 infrastructure. 24 (3) Entitlement and nonentitlement counties identified 25 under the Federal Disaster Declaration (FEMA-1609-DR), 26 federally recognized Indian tribes, and nonprofit 27 organizations are eligible to apply for funding. 28 (4) Up to 78 percent of these funds may be used to 29 complement the grants awarded by the Department of Financial 30 Services under s. 215.5586, Florida Statutes, and fund other 31 eligible disaster-related activities supporting housing 158 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 rehabilitation, hardening, mitigation, and infrastructure 2 improvements at the request of the local governments in order 3 to assist the State of Florida in better serving low-income 4 homeowners in single-family housing units or condominiums. Up 5 to 20 percent of the funds may be used to provide inspections 6 and mitigation improvements to multifamily units receiving 7 rental assistance under projects of the United States 8 Department of Housing and Urban Development or the Rural 9 Development Division of the United States Department of 10 Agriculture. 11 Section 40. For the 2006-2007 fiscal year, the sum of 12 $100,066,518 is appropriated in a Grant in Aid--Fixed Capital 13 Outlay appropriation category from the Florida Small Cities 14 Community Development Block Grant Program Fund to the 15 Department of Community Affairs for the purpose of 16 implementing the provisions of section 39 of this act. These 17 funds shall be used in a manner consistent with Federal 18 Register, Vol. 71, No. 209, Docket No. FR-5089-N-01, and the 19 State of Florida Action Plan for Disaster Recovery as approved 20 by the United States Department of Housing and Urban 21 Development. 22 Section 41. Subsection (11) of section 718.111, 23 Florida Statutes, is amended to read: 24 718.111 The association.-- 25 (11) INSURANCE.--In order to protect the safety, 26 health, and welfare of the people of the State of Florida and 27 to ensure consistency in the provision of insurance coverage 28 to condominiums and their unit owners, paragraphs (b) and (c) 29 are deemed to apply to every residential condominium in the 30 state, regardless of the date of its declaration of 31 condominium. It is the intent of the Legislature to encourage 159 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 lower or stable insurance premiums for associations described 2 in this section. Therefore, the Legislature requires a report 3 to be prepared by the Office of Insurance Regulation of the 4 Department of Financial Services for publication 18 months 5 from the effective date of this act, evaluating premium 6 increases or decreases for associations, unit owner premium 7 increases or decreases, recommended changes to better define 8 common areas, or any other information the Office of Insurance 9 Regulation deems appropriate. 10 (a) A unit-owner controlled association operating a 11 residential condominium shall use its best efforts to obtain 12 and maintain adequate insurance to protect the association, 13 the association property, the common elements, and the 14 condominium property required to be insured by the association 15 pursuant to paragraph (b). If the association is developer 16 controlled, the association shall exercise due diligence to 17 obtain and maintain such insurance. Failure to obtain and 18 maintain adequate insurance during any period of developer 19 control shall constitute a breach of fiduciary responsibility 20 by the developer-appointed members of the board of directors 21 of the association, unless said members can show that despite 22 such failure, they have exercised due diligence. The 23 declaration of condominium as originally recorded, or amended 24 pursuant to procedures provided therein, may require that 25 condominium property consisting of freestanding buildings 26 where there is no more than one building in or on such unit 27 need not be insured by the association if the declaration 28 requires the unit owner to obtain adequate insurance for the 29 condominium property. An association may also obtain and 30 maintain liability insurance for directors and officers, 31 insurance for the benefit of association employees, and flood 160 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 insurance for common elements, association property, and 2 units. Adequate insurance, regardless of any requirement in 3 the declaration of condominium for coverage by the association 4 for "full insurable value," "replacement cost," or the like, 5 may include reasonable deductibles as determined by the board 6 based upon available funds or predetermined assessment 7 authority at the time that the insurance is obtained. 8 1. Windstorm insurance coverage for a group of no 9 fewer than three communities created and operating under 10 chapter 718, chapter 719, chapter 720, or chapter 721 may be 11 obtained and maintained for the communities if the insurance 12 coverage is sufficient to cover an amount equal to the 13 probable maximum loss for the communities for a 250-year 14 windstorm event. Such probable maximum loss must be determined 15 through the use of a competent model that has been accepted by 16 the Florida Commission on Hurricane Loss Project Methodology. 17 Such insurance coverage is deemed adequate windstorm insurance 18 for the purposes of this section. 19 2. An association or group of associations may 20 self-insure against claims against the association, the 21 association property, and the condominium property required to 22 be insured by an association, upon compliance with the 23 applicable provisions of ss. 624.460-624.488, which shall be 24 considered adequate insurance for the purposes of this 25 section. A copy of each policy of insurance in effect shall be 26 made available for inspection by unit owners at reasonable 27 times. 28 (b) Every hazard insurance policy issued or renewed on 29 or after January 1, 2004, to protect the condominium shall 30 provide primary coverage for: 31 1. All portions of the condominium property located 161 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 outside the units; 2 2. The condominium property located inside the units 3 as such property was initially installed, or replacements 4 thereof of like kind and quality and in accordance with the 5 original plans and specifications or, if the original plans 6 and specifications are not available, as they existed at the 7 time the unit was initially conveyed; and 8 3. All portions of the condominium property for which 9 the declaration of condominium requires coverage by the 10 association. 11 12 Anything to the contrary notwithstanding, the terms 13 "condominium property," "building," "improvements," "insurable 14 improvements," "common elements," "association property," or 15 any other term found in the declaration of condominium which 16 defines the scope of property or casualty insurance that a 17 condominium association must obtain shall exclude all floor, 18 wall, and ceiling coverings, electrical fixtures, appliances, 19 air conditioner or heating equipment, water heaters, water 20 filters, built-in cabinets and countertops, and window 21 treatments, including curtains, drapes, blinds, hardware, and 22 similar window treatment components, or replacements of any of 23 the foregoing which are located within the boundaries of a 24 unit and serve only one unit and all air conditioning 25 compressors that service only an individual unit, whether or 26 not located within the unit boundaries. The foregoing is 27 intended to establish the property or casualty insuring 28 responsibilities of the association and those of the 29 individual unit owner and do not serve to broaden or extend 30 the perils of coverage afforded by any insurance contract 31 provided to the individual unit owner. Beginning January 1, 162 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 2004, the association shall have the authority to amend the 2 declaration of condominium, without regard to any requirement 3 for mortgagee approval of amendments affecting insurance 4 requirements, to conform the declaration of condominium to the 5 coverage requirements of this section. 6 (c) Every hazard insurance policy issued or renewed on 7 or after January 1, 2004, to an individual unit owner shall 8 provide that the coverage afforded by such policy is excess 9 over the amount recoverable under any other policy covering 10 the same property. Each insurance policy issued to an 11 individual unit owner providing such coverage shall be without 12 rights of subrogation against the condominium association that 13 operates the condominium in which such unit owner's unit is 14 located. All real or personal property located within the 15 boundaries of the unit owner's unit which is excluded from the 16 coverage to be provided by the association as set forth in 17 paragraph (b) shall be insured by the individual unit owner. 18 (d) The association shall obtain and maintain adequate 19 insurance or fidelity bonding of all persons who control or 20 disburse funds of the association. The insurance policy or 21 fidelity bond must cover the maximum funds that will be in the 22 custody of the association or its management agent at any one 23 time. As used in this paragraph, the term "persons who control 24 or disburse funds of the association" includes, but is not 25 limited to, those individuals authorized to sign checks and 26 the president, secretary, and treasurer of the association. 27 The association shall bear the cost of bonding. 28 Section 42. Section 627.711, Florida Statutes, is 29 amended to read: 30 627.711 Notice of premium discounts for hurricane loss 31 mitigation; uniform mitigation verification inspection form.-- 163 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 (1) Using a form prescribed by the Office of Insurance 2 Regulation, the insurer shall clearly notify the applicant or 3 policyholder of any personal lines residential property 4 insurance policy, at the time of the issuance of the policy 5 and at each renewal, of the availability and the range of each 6 premium discount, credit, other rate differential, or 7 reduction in deductibles for properties on which fixtures or 8 construction techniques demonstrated to reduce the amount of 9 loss in a windstorm can be or have been installed or 10 implemented. The prescribed form shall describe generally what 11 actions the policyholders may be able to take to reduce their 12 windstorm premium. The prescribed form and a list of such 13 ranges approved by the office for each insurer licensed in the 14 state and providing such discounts, credits, other rate 15 differentials, or reductions in deductibles for properties 16 described in this subsection shall be available for electronic 17 viewing and download from the Department of Financial 18 Services' or the Office of Insurance Regulation's Internet 19 website. The Financial Services Commission may adopt rules to 20 implement this subsection. 21 (2) The Financial Services Commission shall develop by 22 rule a uniform mitigation verification inspection form that 23 shall be used by all insurers when factoring discounts for 24 wind insurance. In developing the form, the commission shall 25 seek input from insurance, construction, and building code 26 representatives. Further, the commission shall provide 27 guidance as to the length of time the inspection results are 28 valid. 29 Section 43. It is the intent of the Legislature to 30 create during the 2007 Legislative Session a grant program to 31 assist persons whose income does not exceed that of 164 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 "low-income persons" as defined in s. 420.602(8), Florida 2 Statutes, for the purpose of purchasing property insurance to 3 protect their homestead property. 4 Section 44. Section 350.06151, Florida Statutes, is 5 created to read: 6 350.06151 Beginning July 1, 2007, funds shall be 7 transferred by the Department of Financial Services from the 8 Insurance Regulatory Trust Fund to the Grants and Donations 9 Trust Fund in the legislative branch for the purpose of 10 funding the Office of Insurance Consumer Advocate. The 11 transfer amount is equal to the approved operating budget for 12 the Office of Insurance Consumer Advocate within the Office of 13 Public Counsel. 14 Section 45. Except as otherwise expressly provided in 15 this act, this act shall take effect upon becoming a law. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to hurricane preparedness and 25 property insurance; amending s. 20.121, F.S.; 26 removing the Office of Insurance Consumer 27 Advocate from the Department of Financial 28 Services; providing for the powers, records, 29 personnel, property, balances of appropriations 30 and other funds, rules, pending issues, and 31 contracts of the Office of Insurance Consumer 165 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Advocate to be transferred from the Department 2 of Financial Services to the Public Counsel; 3 amending s. 163.01, F.S., relating to the 4 Interlocal Cooperation Act; redefining the term 5 "public agency" to include certain legal or 6 administrative entities; authorizing such 7 entities to finance the provision of property 8 coverage contracts for or from local government 9 property insurance pools or property coverage 10 contracts; authorizing certain hospitals and 11 hospital systems to borrow funds, issue bonds, 12 and enter into loan agreements for the purpose 13 of providing property coverage; providing for 14 validating such bonds; providing an exemption 15 from taxation; amending s. 215.555, F.S.; 16 limiting the activities of the Florida 17 Hurricane Fund Finance Corporation with respect 18 to funding obligations; providing for revenue 19 bonds to be issued to fund the obligations of 20 the Florida Hurricane Excess Loss Program 21 (FHELP); providing legislative findings; 22 creating the Florida Hurricane Excess Loss 23 Program Finance Corporation; providing for a 24 board of directors; providing powers and 25 duties; providing for the corporation to issue 26 bonds that are not a debt of the state or any 27 political subdivision; providing an exemption 28 from taxation; providing for the protection of 29 bondholders; limiting the activities of the 30 Florida Hurricane Excess Loss Program Finance 31 Corporation with respect to the obligations 166 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 incurred by the Florida Hurricane Catastrophe 2 Fund; authorizing the board of the Florida 3 Hurricane Catastrophe Fund to enter into 4 capital market transactions; authorizing 5 temporary emergency options for additional 6 coverage; providing a system under which 7 insurers may procure additional reinsurance 8 from the fund; defining terms; providing 9 guidelines for such coverage; prescribing 10 premiums for such coverage; providing a 11 temporary increase in coverage limit options; 12 providing legislative findings; defining terms; 13 creating the Florida Hurricane Excess Loss 14 Program, which shall be administered by the 15 State Board of Administration; authorizing the 16 board to adopt rules and employ or contract 17 with staff; requiring that a contract addendum 18 be executed by participating insurers; 19 requiring that the state assume a portion of 20 liability for losses under a covered policy; 21 requiring that such coverage be funded 22 separately from the obligations of the Florida 23 Hurricane Catastrophe Fund and proceeds of 24 bonds issued by the Florida Hurricane 25 Catastrophe Fund Finance Corporation; requiring 26 insurers obtaining certain coverages offered by 27 the Florida Hurricane Catastrophe Fund to make 28 rate filings that reflect savings or reduction 29 in loss exposure; requiring that the Office of 30 Insurance Regulation specify, by order, the 31 dates on which such filings must be made; 167 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 providing limitations for an insurer in 2 implementing a rate change following a rate 3 filing; requiring the Office of Insurance 4 Regulation to calculate a presumed factor to 5 reflect the impact on rates resulting from this 6 act; providing an appropriation; amending s. 7 215.5586, F.S., relating to the Florida 8 Comprehensive Hurricane Damage Mitigation 9 Program; providing for grants to homeowners to 10 protect rather than retrofit their properties; 11 revising certain other eligibility criteria for 12 a grant; authorizing the use of grants for 13 roof-protection systems; amending s. 215.559, 14 F.S., relating to the Hurricane Loss Mitigation 15 Program; providing for a certain portion of the 16 appropriation under the program to be used for 17 securing fixtures for mobile homes; amending s. 18 350.012, F.S.; redesignating the Committee on 19 Public Service Commission Oversight as the 20 "Committee on Public Service Commission and 21 Insurance Oversight"; requiring that the 22 committee confirm or reject the appointment of 23 the Insurance Consumer Advocate by the Chief 24 Financial Officer; amending s. 350.0611, F.S., 25 relating to the Public Counsel; providing 26 duties with respect to the Insurance Consumer 27 Advocate; amending s. 350.0613, F.S.; 28 authorizing the Public Counsel to represent the 29 public before the Office of Insurance 30 Regulation, the Financial Services Commission, 31 and the Department of Financial Services; 168 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 including certain proceedings related to rules 2 and rate filings for insurance; authorizing the 3 Public Counsel to have access to files of the 4 Office of Insurance Regulation, the Financial 5 Services Commission, and the Department of 6 Financial Services, to seek review of orders of 7 the office and the commission, and to issue 8 reports, recommendations, and proposed orders 9 to the office and the commission; authorizing 10 the Committee on Public Service Commission and 11 Insurance Oversight to authorize the Public 12 Counsel to employ certain types of employees; 13 requiring the Office of Insurance Regulation, 14 the Financial Services Commission, and the 15 Department of Financial Services to provide 16 copies of certain filings to the Public 17 Counsel; creating s. 350.0615, F.S.; creating 18 the office of Insurance Consumer Advocate to 19 represent the public on matters relating to the 20 regulation of insurance; requiring the Chief 21 Financial Officer to appoint the Insurance 22 Consumer Advocate, who is subject to 23 confirmation by the Committee on Public Service 24 Commission and Insurance Oversight; providing 25 for the Insurance Consumer Advocate to report 26 directly to and be employed by the Public 27 Counsel; specifying the powers and duties of 28 the Insurance Consumer Advocate; creating s. 29 395.1060, F.S.; providing for risk pooling, 30 with respect to property exposure, by certain 31 hospitals and hospital systems; exempting 169 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 entities formed to do so from the Florida 2 Insurance Code; amending s. 553.73, F.S.; 3 prohibiting the Florida Building Commission 4 from modifying certain foundation codes 5 relating to wind resistance or the prevention 6 of water intrusion unless the modification 7 enhances such provisions; amending s. 553.775, 8 F.S., relating to interpretations of the 9 Florida Building Code; conforming a 10 cross-reference; requiring jurisdictions having 11 authority to enforce the Florida Building Code 12 to require wind-borne-debris protection 13 according to specified requirements; requiring 14 that the Florida Building Commission amend the 15 Florida Building Code to reflect the 16 requirements of the act and eliminate certain 17 less stringent requirements; providing an 18 exception; requiring an amendment to the code 19 with respect to certain provisions governing 20 new residential construction; requiring the 21 commission to develop voluntary guidelines for 22 increasing the hurricane resistance of 23 buildings; requiring that the guidelines be 24 included in the commission's report to the 2008 25 Legislature; amending s. 624.319, F.S.; 26 authorizing the Public Counsel and the 27 Insurance Consumer Advocate to have access to 28 certain confidential information held by the 29 Department of Financial Services or the Office 30 of Insurance Regulation; amending s. 624.462, 31 F.S.; revising requirements for the 170 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 establishment of a commercial self-insurance 2 fund by a not-for-profit group; amending s. 3 624.4622, F.S.; authorizing local government 4 self-insurance funds to insure or self-insure 5 real or personal property against loss or 6 damage; creating s. 624.4625, F.S.; authorizing 7 two or more corporations not for profit to form 8 a self-insurance fund for certain purposes; 9 providing specific requirements; providing a 10 definition; providing limitations; providing 11 for application of certain provisions to 12 certain premiums, contributions, and 13 assessments; providing for payment of insurance 14 premium tax at a reduced rate by corporation 15 not-for-profit self-insurance funds; subjecting 16 a corporation not for profit self-insurance 17 fund to certain group self-insurance fund 18 provisions under certain circumstances; 19 amending s. 624.610, F.S.; specifying 20 additional circumstances under which the Office 21 of Insurance Regulation may allow credit when 22 reinsurance is ceded to an assuming insurer; 23 amending s. 626.9541, F.S.; providing that an 24 insurer's failure to offer in this state any 25 kind or line of insurance which all insurers or 26 affiliated insurers offer in another 27 jurisdiction constitutes an unfair method of 28 competition and unfair or deceptive act; 29 providing penalties; providing for rules; 30 repealing s. 627.0613, F.S., relating to the 31 consumer advocate appointed by the Chief 171 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 Financial Officer; amending s. 627.062, F.S.; 2 deleting provisions allowing property and 3 casualty insurers to use and file rates; 4 deleting provisions exempting certain rate 5 filings from review by the Office of Insurance 6 Regulation; deleting provisions authorizing an 7 insurer to require the arbitration of a rate 8 filing following agency action under the 9 Administrative Procedure Act; requiring the 10 chief executive officer, chief financial 11 officer, or chief actuary of a property insurer 12 to certify the information contained in a rate 13 filing; providing penalties for knowingly 14 making a false certification; authorizing the 15 Financial Services Commission to adopt rules; 16 deleting provisions placing the burden on the 17 Office of Insurance Regulation to establish 18 that certain rates are excessive; amending s. 19 627.0628, F.S., relating to hurricane loss 20 projection; conforming references to changes 21 made by the act; amending s. 627.311, F.S.; 22 providing for the Insurance Consumer Advocate 23 to be a member of the board of governors 24 supervising joint underwriting associations; 25 amending s. 627.351, F.S., relating to the 26 Citizens Property Insurance Corporation; 27 deleting provisions that deny certain 28 nonhomestead property eligibility for coverage 29 by the corporation; including commercial 30 nonresidential policies into an account of the 31 corporation; authorizing the corporation to 172 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 issue multiperil coverage, wind-only coverage, 2 or both in the high-risk account after a 3 specified date; deleting provisions authorizing 4 the Office of Insurance Regulation to remove 5 territory from the area eligible for wind-only 6 and quota share coverage; redefining the term 7 "subject lines of business" subject to 8 assessments for deficits; requiring the board 9 of governors of the corporation to levy an 10 assessment against nonhomestead property 11 policyholders if certain deficits occur after a 12 specified date; restricting the eligibility of 13 a risk for a policy issued by the corporation 14 under certain circumstances; authorizing the 15 plan of operation to establish limits of 16 coverage and to require commercial property to 17 meet specified hurricane-mitigation features; 18 requiring that the corporation annually file 19 recommended rates; requiring that the office 20 issue a final order establishing the rates 21 within a specified period; prohibiting the 22 corporation from pursuing administrative or 23 judicial review of such order; deleting 24 provisions specifying circumstances under which 25 a rate is deemed inadequate; deleting 26 legislative intent concerning rate adequacy in 27 the residual market; deleting provisions 28 providing requirements for personal lines 29 residential policies and residential wind-only 30 policies; deleting an exemption provided for 31 coverage provided by the corporation in Monroe 173 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 County under certain circumstances; deleting a 2 requirement that the corporation certify to the 3 office that its rates comply with certain 4 requirements; deleting a requirement for a 5 notice to policyholders and applicants; 6 rescinding certain rate filings by the 7 corporation which took effect January 1, 2007; 8 reinstating certain rates in effect on December 9 31, 2006; clarifying the effect of a policy 10 that is taken out, assumed, or removed from the 11 corporation; providing legislative intent that 12 commercial nonresidential property insurance be 13 made available from Citizens Property Insurance 14 Corporation; requiring that Citizens Property 15 Insurance Corporation adopt a plan providing 16 for the transition of such coverage from the 17 Property and Casualty Joint Underwriting 18 Association to Citizens; providing requirements 19 for the plan; amending s. 627.701, F.S.; 20 revising requirements for the deductible amount 21 applicable to hurricane loss for policies of 22 residential property insurance and personal 23 lines residential property insurance; 24 prohibiting a hurricane deductible in excess of 25 a specified percentage for personal lines 26 residential property insurance policies of less 27 than a certain value unless the policyholder 28 signs a statement acknowledging the lack of 29 insurance or provides a statement from the 30 mortgageholder or lienholder; requiring that 31 the insurer keep documentation of such 174 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 statements; requiring the Financial Services 2 Commission to adopt rules; deleting obsolete 3 provisions; amending s. 627.706, F.S., relating 4 to sinkhole insurance; defining the term 5 "catastrophic ground cover collapse"; amending 6 s. 627.7065, F.S., relating to a database of 7 sinkhole information; conforming a reference to 8 changes made by the act; creating s. 627.712, 9 F.S.; requiring insurers issuing residential 10 property insurance to provide hurricane or 11 windstorm coverage; authorizing a policyholder 12 to make a written rejection of such coverage by 13 signing a statement acknowledging the lack of 14 insurance or providing a statement from the 15 mortgageholder or lienholder; requiring 16 insurers issuing residential property insurance 17 to make available an exclusion of coverage for 18 contents; providing for the policyholder to 19 make a written rejection of such coverage; 20 requiring that the insurer keep documentation 21 of such statements; requiring the Financial 22 Services commission to adopt rules; creating s. 23 627.713, F.S.; authorizing the office to 24 require property insurers to report data 25 regarding hurricane claims and underwriting 26 costs; providing for the adoption of rules; 27 amending s. 631.57, F.S.; specifying certain 28 additional circumstances under which the board 29 of directors of the Florida Insurance Guaranty 30 Association, Inc., may levy emergency and 31 regular assessments; clarifying that 175 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 authorization exists for the Florida Insurance 2 Guaranty Association to certify and for the 3 Office of Insurance Regulation to levy an 4 emergency assessment; amending s. 631.912, 5 F.S., relating to the board of directors of the 6 Florida Workers' Compensation Insurance 7 Guaranty Association, Inc.; conforming 8 provisions to changes made by the act; amending 9 s. 718.111, F.S.; providing for windstorm 10 insurance for condominium associations; 11 repealing s. 627.0629(6), F.S., relating to 12 requirements for hurricane or windstorm 13 coverage; creating the Windstorm Mitigation 14 Study Commission for the purpose of analyzing 15 solutions and programs that could address the 16 state's need to mitigate the effects of 17 windstorms on structures; providing for 18 membership and qualifications; providing that 19 the members are entitled to reimbursement for 20 expenses incurred in connection with their 21 duties; requiring the Department of Financial 22 Services, the Office of Insurance Regulation, 23 the Citizens Property Insurance Corporation, 24 and other state agencies to supply information, 25 assistance, and facilities to the commission; 26 requiring that the Executive Office of the 27 Governor provide staff assistance; specifying 28 duties of the commission; requiring that the 29 commission report to the Governor, the 30 Legislature, the Chief Financial Officer, and 31 the Commissioner of Insurance Regulation by a 176 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 specified date; establishing the Florida 2 Disaster Recovery Initiative within the 3 Department of Community Affairs for the purpose 4 of assisting local governments in hardening 5 affordable housing against the effects of 6 hurricanes; specifying that the act does not 7 create an entitlement or obligate the state; 8 providing for program administration; 9 specifying the entities that are eligible to 10 apply for funding; providing components and 11 requirements of the initiative; providing an 12 appropriation; amending s. 627.711, F.S.; 13 requiring the Financial Services Commission to 14 develop uniform mitigation verification 15 inspection forms; providing duties of the 16 commission; expressing the intent of the 17 Legislature to create a grant program to assist 18 low-income persons in purchasing property 19 insurance; creating s. 350.06151, F.S.; 20 providing for transfer of funds from the 21 Insurance Regulatory Trust Fund to the Grants 22 and Donations Trust Fund of the legislative 23 branch to fund the Office of Insurance Consumer 24 Advocate; providing effective dates. 25 26 WHEREAS, homeowners in the State of Florida are 27 struggling under increased insurance costs and increased 28 housing prices as a result of damage caused by hurricanes and 29 tropical storms, and 30 WHEREAS, this increase in the cost of property 31 insurance for the state's residents demands immediate 177 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 attention, and 2 WHEREAS, the affordability of property insurance 3 creates financial burdens for Florida's residents and 4 financial crises for some property owners, and 5 WHEREAS, in addition to affordability, the availability 6 and stability of property insurance rates are critical issues 7 to the residents of this state, and 8 WHEREAS, because there is no single, quick, or easy 9 solution to the current crisis, a comprehensive and creative 10 approach is required, and 11 WHEREAS, property insurance is so interwoven with other 12 forms of insurance, through business, regulation, advocacy, 13 purchasing, and other interactions, that the viability of the 14 insurance market in Florida is at risk, and 15 WHEREAS, expanding coverage offered by the Florida 16 Hurricane Catastrophe Fund can help to address this crisis, 17 and 18 WHEREAS, taking steps to control or reduce the premiums 19 charged by Citizens Property Insurance Corporation can help to 20 address this crisis, and 21 WHEREAS, strengthening the Florida Building Code and 22 providing for voluntary guidelines in addition to the 23 requirements of the code can help to address this crisis, and 24 WHEREAS, sinkhole coverage is a critical part of the 25 crisis in certain areas of the state and must be addressed as 26 part of any comprehensive solution, and 27 WHEREAS, requiring property insurers to offer 28 additional deductibles and exclusions that apply at the option 29 of the property owner can help to address this crisis, and 30 WHEREAS, authorizing various groups of public and 31 private entities to enter into forms of self-insurance or 178 7:53 PM 01/17/07 h0001Ac2d-24-j01
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS/HB 1-A (c1) Barcode 434898 1 guaranty groups can help to address this crisis, and 2 WHEREAS, strengthening the processes for establishing 3 property insurance rates can help to address this crisis, and 4 WHEREAS, the role of consumer advocacy is a critical 5 part of addressing this crisis and consumer advocacy for 6 property insurance is a critical, if not the predominant, part 7 of consumer advocacy regarding insurance, and 8 WHEREAS, promoting, through financial and regulatory 9 methods, the ability of property insurers and reinsurers to do 10 business in Florida can help to address this crisis, and 11 WHEREAS, promoting, through financial and regulatory 12 incentives for property owners, the strengthening of property 13 to withstand the effects of windstorm damage can help to 14 address this crisis, NOW, THEREFORE, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 179 7:53 PM 01/17/07 h0001Ac2d-24-j01