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 following For any new or renewal personal lines
  101  policies policy written on or after November 1, 2023, are which
  102  does not cover a primary residence, the rate to be applied in
  103  calculating premium is not subject to the rate increase
  104  limitations in subparagraph 5., but However, the policyholder
  105  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 of property valued at $600,000 or more.
  136         b. January 1, 2025, for a structure that has a dwelling
  137  replacement cost of property valued at $500,000 or more.
  138         c. January 1, 2026, for a structure that has a dwelling
  139  replacement cost of property 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. Policyholders whose policies issued by the corporation
  152  do not provide coverage for the peril of wind are not required
  153  to purchase flood insurance as a condition for maintaining the
  154  following their policies issued by with the 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.