Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 732
       
       
       
       
       
       
                                Barcode 725852                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/28/2009 02:39 PM       .                                
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       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 125 and 126
    4  insert:
    5         Section 4. Paragraph (b) of subsection (4) of section
    6  215.555, Florida Statutes, is amended to read:
    7         215.555 Florida Hurricane Catastrophe Fund.—
    8         (4) REIMBURSEMENT CONTRACTS.—
    9         (b)1. The contract shall contain a promise by the board to
   10  reimburse the insurer for 45 percent, 75 percent, or 90 percent
   11  of its losses from each covered event in excess of the insurer’s
   12  retention, plus 5 percent of the reimbursed losses to cover loss
   13  adjustment expenses.
   14         2. The insurer must elect one of the percentage coverage
   15  levels specified in this paragraph and may, upon renewal of a
   16  reimbursement contract, elect a lower percentage coverage level
   17  if no revenue bonds issued under subsection (6) after a covered
   18  event are outstanding, or elect a higher percentage coverage
   19  level, regardless of whether or not revenue bonds are
   20  outstanding. All members of an insurer group must elect the same
   21  percentage coverage level. Any joint underwriting association,
   22  risk apportionment plan, or other entity created under s.
   23  627.351 must elect the 90-percent coverage level.
   24         3. The contract shall provide that reimbursement amounts
   25  shall not be reduced by reinsurance paid or payable to the
   26  insurer from other sources.
   27         4. Notwithstanding any other provision contained in this
   28  section, the board shall make available to insurers that
   29  purchased coverage provided by this subparagraph in 2008 2007,
   30  insurers qualifying as limited apportionment companies under s.
   31  627.351(6)(c), and insurers that have been approved to
   32  participate in the Insurance Capital Build-Up Incentive Program
   33  pursuant to s. 215.5595 a contract or contract addendum that
   34  provides an additional amount of reimbursement coverage of up to
   35  $10 million. The premium to be charged for this additional
   36  reimbursement coverage shall be 50 percent of the additional
   37  reimbursement coverage provided, which shall include one prepaid
   38  reinstatement. The minimum retention level that an eligible
   39  participating insurer must retain associated with this
   40  additional coverage layer is 30 percent of the insurer’s surplus
   41  as of December 31, 2008, for the 2009-2010 contract year; as of
   42  December 31, 2009, for the contract year beginning June 1, 2010,
   43  and ending December 31, 2010; and as of December 31, 2010, for
   44  the 2011 contract year 2007. This coverage shall be in addition
   45  to all other coverage that may be provided under this section.
   46  The coverage provided by the fund under this subparagraph shall
   47  be in addition to the claims-paying capacity as defined in
   48  subparagraph (c)1., but only with respect to those insurers that
   49  select the additional coverage option and meet the requirements
   50  of this subparagraph. The claims-paying capacity with respect to
   51  all other participating insurers and limited apportionment
   52  companies that do not select the additional coverage option
   53  shall be limited to their reimbursement premium’s proportionate
   54  share of the actual claims-paying capacity otherwise defined in
   55  subparagraph (c)1. and as provided for under the terms of the
   56  reimbursement contract. The optional coverage retention as
   57  specified shall be accessed before the mandatory coverage under
   58  the reimbursement contract, but once the limit of coverage
   59  selected under this option is exhausted, the insurer’s retention
   60  under the mandatory coverage shall apply. Such coverage shall
   61  apply and must be paid concurrently with the mandatory coverage.
   62  Coverage provided in the reimbursement contract shall not be
   63  affected by the additional premiums paid by participating
   64  insurers exercising the additional coverage option allowed in
   65  this subparagraph. This subparagraph expires on December May 31,
   66  2011 2009.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete line 24
   71  and insert:
   72         215.555, F.S.; revising the dates of an insurer’s
   73         contract year for purposes of calculating the
   74         insurer’s retention; revising reimbursement contract
   75         coverage payment provisions; extending the application
   76         of provisions relating to reimbursement contracts;
   77         amending s. 218.415, F.S.; requiring that the Chief
   78         Financial