Florida Senate - 2023 CS for SB 594 By the Committee on Community Affairs; and Senator Martin 578-03263-23 2023594c1 1 A bill to be entitled 2 An act relating to property insurance; amending s. 3 627.0629, F.S.; adding wind uplift prevention to a 4 list of fixtures or construction techniques for which 5 a residential property insurance rate filing must 6 include actuarially reasonable rate differentials or 7 appropriate deductible reductions; amending s. 8 627.351, F.S.; revising rate change limitations for 9 specified policies written by the Citizens Property 10 Insurance Corporation; revising the applicability of 11 flood coverage requirements for personal lines 12 residential policyholders of the corporation; 13 providing effective dates. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Effective July 1, 2023, subsection (1) of 18 section 627.0629, Florida Statutes, is amended to read: 19 627.0629 Residential property insurance; rate filings.— 20 (1) It is the intent of the Legislature that insurers 21 provide savings to consumers who install or implement windstorm 22 damage mitigation techniques, alterations, or solutions to their 23 properties to prevent windstorm losses. A rate filing for 24 residential property insurance must include actuarially 25 reasonable discounts, credits, or other rate differentials, or 26 appropriate reductions in deductibles, for properties on which 27 fixtures or construction techniques demonstrated to reduce the 28 amount of loss in a windstorm have been installed or 29 implemented. The fixtures or construction techniques must 30 include, but are not limited to, fixtures or construction 31 techniques that enhance wind uplift prevention, roof strength, 32 roof covering performance, roof-to-wall strength, wall-to-floor 33 to-foundation strength, opening protection, and window, door, 34 and skylight strength. Credits, discounts, or other rate 35 differentials, or appropriate reductions in deductibles, for 36 fixtures and construction techniques that meet the minimum 37 requirements of the Florida Building Code must be included in 38 the rate filing. The office shall determine the discounts, 39 credits, other rate differentials, and appropriate reductions in 40 deductibles that reflect the full actuarial value of such 41 revaluation, which may be used by insurers in rate filings. 42 Section 2. Paragraphs (n) and (aa) of subsection (6) of 43 section 627.351, Florida Statutes, are amended to read: 44 627.351 Insurance risk apportionment plans.— 45 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 46 (n)1. Rates for coverage provided by the corporation must 47 be actuarially sound pursuant to s. 627.062 and not competitive 48 with approved rates charged in the admitted voluntary market so 49 that the corporation functions as a residual market mechanism to 50 provide insurance only when insurance cannot be procured in the 51 voluntary market, except as otherwise provided in this 52 paragraph. The office shall provide the corporation such 53 information as would be necessary to determine whether rates are 54 competitive. The corporation shall file its recommended rates 55 with the office at least annually. The corporation shall provide 56 any additional information regarding the rates which the office 57 requires. The office shall consider the recommendations of the 58 board and issue a final order establishing the rates for the 59 corporation within 45 days after the recommended rates are 60 filed. The corporation may not pursue an administrative 61 challenge or judicial review of the final order of the office. 62 2. In addition to the rates otherwise determined pursuant 63 to this paragraph, the corporation shall impose and collect an 64 amount equal to the premium tax provided in s. 624.509 to 65 augment the financial resources of the corporation. 66 3. After the public hurricane loss-projection model under 67 s. 627.06281 has been found to be accurate and reliable by the 68 Florida Commission on Hurricane Loss Projection Methodology, the 69 model shall be considered when establishing the windstorm 70 portion of the corporation’s rates. The corporation may use the 71 public model results in combination with the results of private 72 models to calculate rates for the windstorm portion of the 73 corporation’s rates. This subparagraph does not require or allow 74 the corporation to adopt rates lower than the rates otherwise 75 required or allowed by this paragraph. 76 4. The corporation must make a recommended actuarially 77 sound rate filing for each personal and commercial line of 78 business it writes. 79 5. Notwithstanding the board’s recommended rates and the 80 office’s final order regarding the corporation’s filed rates 81 under subparagraph 1., the corporation shall annually implement 82 a rate increase which, except for sinkhole coverage, does not 83 exceed the following for any single policy issued by the 84 corporation, excluding coverage changes and surcharges: 85 a. Twelve percent for 2023. 86 b. Thirteen percent for 2024. 87 c. Fourteen percent for 2025. 88 d. Fifteen percent for 2026 and all subsequent years. 89 6. The corporation may also implement an increase to 90 reflect the effect on the corporation of the cash buildup factor 91 pursuant to s. 215.555(5)(b). 92 7. The corporation’s implementation of rates as prescribed 93 in subparagraphs 5. and 8. shall cease for any line of business 94 written by the corporation upon the corporation’s implementation 95 of actuarially sound rates. Thereafter, the corporation shall 96 annually make a recommended actuarially sound rate filing that 97 is not competitive with approved rates in the admitted voluntary 98 market for each commercial and personal line of business the 99 corporation writes. 100 8. The followingFor anynew or renewal personal lines 101 policiespolicywritten on or after November 1, 2023, arewhich102does not cover a primary residence, the rate to be applied in103calculating premium isnot subject to the rate increase 104 limitations in subparagraph 5., butHowever, the policyholder105 may not be charged more than 50 percent above, and may not be 106 charged less than, the established rate for the corporation 107 which was in effect 1 year before the date of the application: 108 a. Policies that do not cover a primary residence; or 109 b. Policies where coverage for the insured risk, prior to 110 the date of application with the corporation, was last provided 111 by an insurer determined by the office to be unsound or an 112 insurer placed in receivership under chapter 631. 113 9. As used in this paragraph, the term “primary residence” 114 means the dwelling that is the policyholder’s primary home or is 115 a rental property that is the primary home of the tenant, and 116 which the policyholder or tenant occupies for more than 9 months 117 of each year. 118 (aa) Except as otherwise provided in this paragraph, the 119 corporation shall require the securing and maintaining of flood 120 insurance as a condition of coverage of a personal lines 121 residential risk. The insured or applicant must execute a form 122 approved by the office affirming that flood insurance is not 123 provided by the corporation and that if flood insurance is not 124 secured by the applicant or insured from an insurer other than 125 the corporation and in addition to coverage by the corporation, 126 the risk will not be eligible for coverage by the corporation. 127 The corporation may deny coverage of a personal lines 128 residential risk to an applicant or insured who refuses to 129 secure and maintain flood insurance. The requirement to purchase 130 flood insurance shall be implemented as follows: 131 1. Except as provided in subparagraphs 2. and 3., all 132 personal lines residential policyholders must have flood 133 coverage in place for policies effective on or after: 134 a. January 1, 2024, for a structure that has a dwelling 135 replacement cost ofproperty valued at$600,000 or more. 136 b. January 1, 2025, for a structure that has a dwelling 137 replacement cost ofproperty valued at$500,000 or more. 138 c. January 1, 2026, for a structure that has a dwelling 139 replacement cost ofproperty valued at$400,000 or more. 140 d. January 1, 2027, for all other personal lines 141 residential property insured by the corporation. 142 2. All personal lines residential policyholders whose 143 property insured by the corporation is located within the 144 special flood hazard area defined by the Federal Emergency 145 Management Agency must have flood coverage in place: 146 a. At the time of initial policy issuance for all new 147 personal lines residential policies issued by the corporation on 148 or after April 1, 2023. 149 b. By the time of the policy renewal for all personal lines 150 residential policies renewing on or after July 1, 2023. 151 3. Policyholderswhose policies issued by the corporation152do not provide coverage for the peril of windare not required 153 to purchase flood insurance as a condition for maintaining the 154 followingtheirpolicies issued bywiththe corporation: 155 a. Policies that do not provide coverage for the peril of 156 wind. 157 b. Policies that provide coverage under a condominium unit 158 owners form. 159 160 The flood insurance required under this paragraph must meet, at 161 a minimum, the coverage available from the National Flood 162 Insurance Program or the requirements of subparagraphs s. 163 627.715(1)(a)1., 2., and 3. 164 Section 3. Except as otherwise expressly provided in this 165 act, this act shall take effect upon becoming a law.