Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1568
       
       
       
       
       
       
                                Barcode 323402                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Budget (Montford) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 35 and 36
    4  insert:
    5         Section 1. Subsection (11) of section 215.5595, Florida
    6  Statutes, is amended to read:
    7         215.5595 Insurance Capital Build-Up Incentive Program.—
    8         (11) For a surplus note issued under this section before
    9  January 1, 2011, the insurer may request that the board
   10  renegotiate terms of the note as provided in this subsection.
   11  The request must be submitted to the board by January 1, 2012.
   12  If the insurer agrees to accelerate the payment period of the
   13  note by at least 5 years, the board shall agree to exempt the
   14  insurer from the premium-to-surplus ratios required under
   15  paragraph (2)(d). If the insurer requesting the renegotiation
   16  agrees to an acceleration of the payment period of less than 5
   17  years, the board may, after consultation with the Office of
   18  Insurance Regulation, agree to an appropriate revision of the
   19  premium-to-surplus ratios for the remaining term of the note.
   20  However, the revised ratios may not be lower than a minimum
   21  writing ratio of net premium to surplus of at least 1 to 1, and
   22  alternatively, a minimum writing ratio of gross premium to
   23  surplus of at least 3 to 1. On January 15, 2009, the State Board
   24  of Administration shall transfer to Citizens Property Insurance
   25  Corporation any funds that have not been committed or reserved
   26  for insurers approved to receive such funds under the program,
   27  from the funds that were transferred from Citizens Property
   28  Insurance Corporation in 2008-2009 for such purposes.
   29         Section 2. Paragraph (d) of subsection (8) of section
   30  624.424, Florida Statutes, is amended to read:
   31         624.424 Annual statement and other information.—
   32         (8)
   33         (d) An insurer may not use the same accountant or partner
   34  of an accounting firm responsible for preparing the report
   35  required by this subsection for more than 5 7 consecutive years.
   36  Following this period, the insurer may not use such accountant
   37  or partner for a period of 5 2 years, but may use another
   38  accountant or partner of the same firm. An insurer may request
   39  the office to waive this prohibition based upon an unusual
   40  hardship to the insurer and a determination that the accountant
   41  is exercising independent judgment that is not unduly influenced
   42  by the insurer considering such factors as the number of
   43  partners, expertise of the partners or the number of insurance
   44  clients of the accounting firm; the premium volume of the
   45  insurer; and the number of jurisdictions in which the insurer
   46  transacts business.
   47         Section 3. Paragraph (e) of subsection (3) of section
   48  624.610, Florida Statutes, is amended to read:
   49         624.610 Reinsurance.—
   50         (3)
   51         (e) If the reinsurance is ceded to an assuming insurer not
   52  meeting the requirements of paragraph (a), paragraph (b),
   53  paragraph (c), or paragraph (d), the commissioner may allow
   54  credit, but only if the assuming insurer holds surplus in excess
   55  of $250 $100 million and has a secure financial strength rating
   56  from at least two nationally recognized statistical rating
   57  organizations deemed acceptable by the commissioner as having
   58  experience and expertise in rating insurers doing business in
   59  this state, including, but not limited to, Standard & Poor’s,
   60  Moody’s Investors Service, Fitch Ratings, A.M. Best Company, and
   61  Demotech. In determining whether credit should be allowed, the
   62  commissioner shall consider the following:
   63         1. The domiciliary regulatory jurisdiction of the assuming
   64  insurer.
   65         2. The structure and authority of the domiciliary regulator
   66  with regard to solvency regulation requirements and the
   67  financial surveillance of the reinsurer.
   68         3. The substance of financial and operating standards for
   69  reinsurers in the domiciliary jurisdiction.
   70         4. The form and substance of financial reports required to
   71  be filed by the reinsurers in the domiciliary jurisdiction or
   72  other public financial statements filed in accordance with
   73  generally accepted accounting principles.
   74         5. The domiciliary regulator’s willingness to cooperate
   75  with United States regulators in general and the office in
   76  particular.
   77         6. The history of performance by reinsurers in the
   78  domiciliary jurisdiction.
   79         7. Any documented evidence of substantial problems with the
   80  enforcement of valid United States judgments in the domiciliary
   81  jurisdiction.
   82         8. Any other matters deemed relevant by the commissioner.
   83  The commissioner shall give appropriate consideration to insurer
   84  group ratings that may have been issued. The commissioner may,
   85  In lieu of granting full credit under this subsection, the
   86  commissioner may reduce the amount required to be held in trust
   87  under paragraph (c).
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90         And the title is amended as follows:
   91         Delete line 2
   92  and insert:
   93         An act relating to insurer insolvency; amending s.
   94         215.5595, F.S.; authorizing a residential property
   95         insurer to renegotiate a note issued by the Insurance
   96         Capital Build-Up Program under certain circumstances;
   97         amending s. 624.424, F.S.; revising the time
   98         limitations on an insurer’s use of the same accountant
   99         for preparing its annual statement; amending s.
  100         624.610, F.S.; specifying rating organizations to
  101         assess certain insurers providing reinsurance;
  102         amending s.