1 | A bill to be entitled |
2 | An act relating to residential property insurance; |
3 | amending s. 627.062, F.S.; revising costs to be included |
4 | in a rate filing; revising the overall premium increase |
5 | for a rate filing; revising the information that must be |
6 | included in a rate filing relating to reinsurance; |
7 | deleting a provision prohibiting an insurer from |
8 | implementing a rate increase within 6 months before it |
9 | makes certain rate filings; deleting a provision |
10 | prohibiting an insurer from filing for a rate increase |
11 | within 6 months after it makes certain rate filings; |
12 | providing an effective date. |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Paragraph (k) of subsection (2) of section |
17 | 627.062, Florida Statutes, is amended to read: |
18 | 627.062 Rate standards.- |
19 | (2) As to all such classes of insurance: |
20 | (k)1. A residential property An insurer may make a |
21 | separate filing limited solely to an adjustment of its rates for |
22 | reinsurance, the cost of financing products used as a |
23 | replacement for reinsurance, or financing costs incurred in the |
24 | purchase of reinsurance, or financing products to replace or |
25 | finance the payment of the amount covered by the Temporary |
26 | Increase in Coverage Limits (TICL) portion of the Florida |
27 | Hurricane Catastrophe Fund including replacement reinsurance for |
28 | the TICL reductions made pursuant to s. 215.555(17)(e); the |
29 | actual cost paid due to the application of the TICL premium |
30 | factor pursuant to s. 215.555(17)(f); and the actual cost paid |
31 | due to the application of the cash build-up factor pursuant to |
32 | s. 215.555(5)(b) if the insurer: |
33 | a. Elects to purchase financing products such as a |
34 | liquidity instrument or line of credit, in which case the cost |
35 | included in the filing for the liquidity instrument or line of |
36 | credit may not result in a premium increase exceeding 3 percent |
37 | for any individual policyholder. All costs contained in the |
38 | filing may not result in an overall premium increase of more |
39 | than 15 10 percent for any individual policyholder. |
40 | b. Includes in the filing a copy of all of its |
41 | reinsurance, liquidity instrument, or line of credit contracts; |
42 | proof of the billing or payment for the contracts; and the |
43 | calculation upon which the proposed rate change is based |
44 | demonstrating demonstrates that the costs meet the criteria of |
45 | this section and are not loaded for expenses or profit for the |
46 | insurer making the filing. |
47 | c. Includes no other changes to its rates in the filing. |
48 | d. Has not implemented a rate increase within the 6 months |
49 | immediately preceding the filing. |
50 | e. Does not file for a rate increase under any other |
51 | paragraph within 6 months after making a filing under this |
52 | paragraph. |
53 | c.f. An insurer that purchases reinsurance or financing |
54 | products from an affiliated company may make a separate filing |
55 | in compliance with this paragraph does so only if the costs for |
56 | such reinsurance or financing products are charged at or below |
57 | charges made for comparable coverage by nonaffiliated reinsurers |
58 | or financial entities making such coverage or financing products |
59 | available in this state. |
60 | 2. An insurer may only make only one filing per in any 12- |
61 | month period under this paragraph. |
62 | 3. An insurer that elects to implement a rate change under |
63 | this paragraph must file its rate filing with the office at |
64 | least 45 days before the effective date of the rate change. |
65 | After an insurer submits a complete filing that meets all of the |
66 | requirements of this paragraph, the office has 45 days after the |
67 | date of the filing to review the rate filing and determine if |
68 | the rate is excessive, inadequate, or unfairly discriminatory. |
69 |
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70 | The provisions of this subsection shall not apply to workers' |
71 | compensation and employer's liability insurance and to motor |
72 | vehicle insurance. |
73 | Section 2. This act shall take effect upon becoming a law. |