Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1622
       
       
       
       
       
       
                                Ì199358XÎ199358                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2024           .                                
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       The Committee on Fiscal Policy (Trumbull) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 177 - 1245
    4  and insert:
    5         (10)(a) By January 1, 2025, and each month thereafter, each
    6  insurer or insurer group doing business in this state shall file
    7  on a monthly quarterly basis in conjunction with financial
    8  reports required by paragraph (1)(a) a supplemental report on an
    9  individual and group basis on a form prescribed by the
   10  commission with information on personal lines and commercial
   11  lines residential property insurance policies in this state. The
   12  supplemental report must shall include separate information for
   13  personal lines property policies and for commercial lines
   14  property policies and totals for each item specified, including
   15  premiums written for each of the property lines of business as
   16  described in ss. 215.555(2)(c) and 627.351(6)(a). The report
   17  must shall include the following information for each zip code
   18  county on a monthly basis:
   19         1. Total number of policies in force at the end of each
   20  month.
   21         2. Total number of policies canceled.
   22         3. Total number of policies nonrenewed.
   23         4. Number of policies canceled due to hurricane risk.
   24         5. Number of policies nonrenewed due to hurricane risk.
   25         6. Number of new policies written.
   26         7. Total dollar value of structure exposure under policies
   27  that include wind coverage.
   28         8. Number of policies that exclude wind coverage.
   29         9. Number of claims open each month.
   30         10. Number of claims closed each month.
   31         11. Number of claims pending each month.
   32         12. Number of claims in which either the insurer or insured
   33  invoked any form of alternative dispute resolution, and
   34  specifying which form of alternative dispute resolution was
   35  used.
   36         Section 3. Section 624.4305, Florida Statutes, is amended
   37  to read:
   38         624.4305 Nonrenewal of residential property insurance
   39  policies.—Any insurer planning to nonrenew more than 10,000
   40  residential property insurance policies in this state within a
   41  12-month period shall give notice in writing to the Office of
   42  Insurance Regulation for informational purposes 90 days before
   43  the issuance of any notices of nonrenewal. The notice provided
   44  to the office must set forth the insurer’s reasons for such
   45  action, the effective dates of nonrenewal, and any arrangements
   46  made for other insurers to offer coverage to affected
   47  policyholders. The commission may adopt rules to administer this
   48  section.
   49         Section 4. Effective upon becoming law, paragraph (d) of
   50  subsection (1) of section 624.46226, Florida Statutes, is
   51  amended to read:
   52         624.46226 Public housing authorities self-insurance funds;
   53  exemption for taxation and assessments.—
   54         (1) Notwithstanding any other provision of law, any two or
   55  more public housing authorities in the state as defined in
   56  chapter 421 may form a self-insurance fund for the purpose of
   57  pooling and spreading liabilities of its members as to any one
   58  or combination of casualty risk or real or personal property
   59  risk of every kind and every interest in such property against
   60  loss or damage from any hazard or cause and against any loss
   61  consequential to such loss or damage, provided the self
   62  insurance fund that is created:
   63         (d) Maintains a continuing program of excess insurance
   64  coverage and reinsurance reserve evaluation to protect the
   65  financial stability of the fund in an amount and manner
   66  determined by a qualified and independent actuary. The program
   67  must, at a minimum, this program must:
   68         1. Include a net retention in an amount and manner selected
   69  by the administrator, ratified by the governing body, and
   70  certified by an independent qualified actuary;
   71         2.Include reinsurance or Purchase excess insurance from
   72  authorized insurance carriers or eligible surplus lines
   73  insurers; and.
   74         3.Be certified by a qualified and independent actuary as
   75  to the program’s adequacy. This certification must be submitted
   76  simultaneously with the certifications required under paragraphs
   77  (b) and (c).
   78         2. Retain a per-loss occurrence that does not exceed
   79  $350,000.
   80  
   81  A for-profit or not-for-profit corporation, limited liability
   82  company, or other similar business entity in which a public
   83  housing authority holds an ownership interest or participates in
   84  its governance under s. 421.08(8) may join a self-insurance fund
   85  formed under this section in which such public housing authority
   86  participates. Such for-profit or not-for-profit corporation,
   87  limited liability company, or other similar business entity may
   88  join the self-insurance fund solely to insure risks related to
   89  public housing.
   90         Section 5. Subsection (2) of section 626.9201, Florida
   91  Statutes, is amended to read:
   92         626.9201 Notice of cancellation or nonrenewal.—
   93         (2) An insurer issuing a policy providing coverage for
   94  property, casualty, surety, or marine insurance must give the
   95  named insured written notice of cancellation or termination
   96  other than nonrenewal at least 45 days before the effective date
   97  of the cancellation or termination, including in the written
   98  notice the reasons for the cancellation or termination, except
   99  that:
  100         (a) If cancellation is for nonpayment of premium, at least
  101  10 days’ written notice of cancellation accompanied by the
  102  reason for cancellation must be given. As used in this
  103  paragraph, the term “nonpayment of premium” means the failure of
  104  the named insured to discharge when due any of his or her
  105  obligations in connection with the payment of premiums on a
  106  policy or an installment of such a premium, whether the premium
  107  or installment is payable directly to the insurer or its agent
  108  or indirectly under any plan for financing premiums or extension
  109  of credit or the failure of the named insured to maintain
  110  membership in an organization if such membership is a condition
  111  precedent to insurance coverage. The term also includes the
  112  failure of a financial institution to honor the check of an
  113  applicant for insurance which was delivered to a licensed agent
  114  for payment of a premium, even if the agent previously delivered
  115  or transferred the premium to the insurer. If a correctly
  116  dishonored check represents payment of the initial premium, the
  117  contract and all contractual obligations are void ab initio
  118  unless the nonpayment is cured within the earlier of 5 days
  119  after actual notice by certified mail is received by the
  120  applicant or 15 days after notice is sent to the applicant by
  121  certified mail or registered mail, and, if the contract is void,
  122  any premium received by the insurer from a third party must
  123  shall be refunded to that party in full; and
  124         (b) If cancellation or termination occurs during the first
  125  90 days during which the insurance is in force and if the
  126  insurance is canceled or terminated for reasons other than
  127  nonpayment, at least 20 days’ written notice of cancellation or
  128  termination accompanied by the reason for cancellation or
  129  termination must be given, except if there has been a material
  130  misstatement or misrepresentation or failure to comply with the
  131  underwriting requirements established by the insurer; and
  132         (c)1.Upon a declaration of an emergency pursuant to s.
  133  252.36 and the filing of an order by the Commissioner of
  134  Insurance Regulation, an insurer may not cancel or nonrenew a
  135  personal residential or commercial residential property
  136  insurance policy covering a dwelling or residential property
  137  located in this state which has been damaged as a result of a
  138  hurricane or wind loss that is the subject of the declaration of
  139  emergency for 90 days after the dwelling or residential property
  140  has been repaired. A dwelling or residential property is deemed
  141  to be repaired when substantially completed and restored to the
  142  extent that the dwelling or residential property is insurable by
  143  another insurer that is writing policies in this state.
  144         2.However, an insurer or its agent may cancel or nonrenew
  145  such a policy before the repair of the dwelling or residential
  146  property:
  147         a.Upon 10 days’ notice for nonpayment of premium; or
  148         b.Upon 45 days’ notice:
  149         (I)For a material misstatement or fraud related to the
  150  claim;
  151         (II) If the insurer determines that the insured has
  152  unreasonably caused a delay in the repair of the dwelling or
  153  residential property;
  154         (III)If the insurer or its agent makes a reasonable
  155  written inquiry to the insured as to the status of repairs, sent
  156  by certified mail, return receipt requested, and the insured
  157  fails within 30 calendar days to provide information that is
  158  responsive to the inquiry to either the address or e-mail
  159  account designated by the insurer; or
  160         (IV) If the insurer has paid policy limits.
  161         3. If the insurer elects to nonrenew a policy covering a
  162  property that has been damaged, the insurer must provide at
  163  least 90 days’ notice to the insured that the insurer intends to
  164  nonrenew the policy 90 days after the dwelling or residential
  165  property has been repaired.
  166         4. This paragraph does not prevent the insurer from
  167  canceling or nonrenewing the policy 90 days after the repair is
  168  completed for the same reasons the insurer would otherwise have
  169  canceled or nonrenewed the policy but for the limitations of
  170  subparagraph 1.
  171         5. The Financial Services Commission may adopt rules, and
  172  the Commissioner of Insurance Regulation may issue orders,
  173  necessary to implement this paragraph.
  174         Section 6. Paragraph (j) of subsection (2) of section
  175  627.062, Florida Statutes, is amended to read:
  176         627.062 Rate standards.—
  177         (2) As to all such classes of insurance:
  178         (j) With respect to residential property insurance rate
  179  filings, the rate filing:
  180         1. Must account for mitigation measures undertaken by
  181  policyholders to reduce hurricane losses and windstorm losses.
  182         2. May use a modeling indication that is the weighted or
  183  straight average of two or more hurricane loss projection models
  184  found by the Florida Commission on Hurricane Loss Projection
  185  Methodology to be accurate or reliable pursuant to s. 627.0628.
  186  If an averaged model is used under this section, the same
  187  averaged model must be used throughout this state. If a weighted
  188  average is used, the insurer must provide the office with an
  189  actuarial justification for using the weighted average which
  190  shows that the weighted average results in a rate that is
  191  reasonable, adequate, and fair.
  192  
  193  The provisions of this subsection do not apply to workers’
  194  compensation, employer’s liability insurance, and motor vehicle
  195  insurance.
  196         Section 7. Paragraph (n) of subsection (6) of section
  197  627.351, Florida Statutes, is amended to read:
  198         627.351 Insurance risk apportionment plans.—
  199         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  200         (n)1. Rates for coverage provided by the corporation must
  201  be actuarially sound pursuant to s. 627.062 and not competitive
  202  with approved rates charged in the admitted voluntary market so
  203  that the corporation functions as a residual market mechanism to
  204  provide insurance only when insurance cannot be procured in the
  205  voluntary market, except as otherwise provided in this
  206  paragraph. The office shall provide the corporation such
  207  information as would be necessary to determine whether rates are
  208  competitive. The corporation shall file its recommended rates
  209  with the office at least annually. The corporation shall provide
  210  any additional information regarding the rates which the office
  211  requires. The office shall consider the recommendations of the
  212  board and issue a final order establishing the rates for the
  213  corporation within 45 days after the recommended rates are
  214  filed. The corporation may not pursue an administrative
  215  challenge or judicial review of the final order of the office.
  216         2. In addition to the rates otherwise determined pursuant
  217  to this paragraph, the corporation shall impose and collect an
  218  amount equal to the premium tax provided in s. 624.509 to
  219  augment the financial resources of the corporation.
  220         3. After the public hurricane loss-projection model under
  221  s. 627.06281 has been found to be accurate and reliable by the
  222  Florida Commission on Hurricane Loss Projection Methodology, the
  223  model shall be considered when establishing the windstorm
  224  portion of the corporation’s rates. The corporation may use the
  225  public model results in combination with the results of private
  226  models to calculate rates for the windstorm portion of the
  227  corporation’s rates. This subparagraph does not require or allow
  228  the corporation to adopt rates lower than the rates otherwise
  229  required or allowed by this paragraph.
  230         4. The corporation must make a recommended actuarially
  231  sound rate filing for each personal and commercial line of
  232  business it writes.
  233         5. Notwithstanding the board’s recommended rates and the
  234  office’s final order regarding the corporation’s filed rates
  235  under subparagraph 1., the corporation shall annually implement
  236  a rate increase which, except for sinkhole coverage, does not
  237  exceed the following for any single policy issued by the
  238  corporation, excluding coverage changes and surcharges:
  239         a. Twelve percent for 2023.
  240         b. Thirteen percent for 2024.
  241         c. Fourteen percent for 2025.
  242         d. Fifteen percent for 2026 and all subsequent years.
  243         6. The corporation may also implement an increase to
  244  reflect the effect on the corporation of the cash buildup factor
  245  pursuant to s. 215.555(5)(b).
  246         7. The corporation’s implementation of rates as prescribed
  247  in subparagraphs 5. and 8. shall cease for any line of business
  248  written by the corporation upon the corporation’s implementation
  249  of actuarially sound rates. Thereafter, the corporation shall
  250  annually make a recommended actuarially sound rate filing that
  251  is not competitive with approved rates in the admitted voluntary
  252  market for each commercial and personal line of business the
  253  corporation writes.
  254         8. The following New or renewal personal lines policies
  255  that do not cover a primary residence written on or after
  256  November 1, 2023, are not subject to the rate increase
  257  limitations in subparagraph 5., but may not be charged more than
  258  50 percent above, nor less than, the prior year’s established
  259  rate for the corporation:
  260         a. Policies that do not cover a primary residence;
  261         b. New policies under which the coverage for the insured
  262  risk, before the date of application with the corporation, was
  263  last provided by an insurer determined by the office to be
  264  unsound or an insurer placed in receivership under chapter 631;
  265  or
  266         c. Subsequent renewals of those policies, including the new
  267  policies in sub-subparagraph b., under which the coverage for
  268  the insured risk, before the date of application with the
  269  corporation, was last provided by an insurer determined by the
  270  office to be unsound or an insurer placed in receivership under
  271  chapter 631.
  272         9. As used in this paragraph, the term “primary residence”
  273  means the dwelling that is the policyholder’s primary home or is
  274  a rental property that is the primary home of the tenant, and
  275  which the policyholder or tenant occupies for more than 9 months
  276  of each year.
  277         Section 8. Paragraph (a) of subsection (5) of section
  278  627.7011, Florida Statutes, is amended to read:
  279         627.7011 Homeowners’ policies; offer of replacement cost
  280  coverage and law and ordinance coverage.—
  281         (5)(a) As used in this subsection, the term “authorized
  282  inspector” means an inspector who is approved by the insurer and
  283  who is:
  284         1. A home inspector licensed under s. 468.8314;
  285         2. A building code inspector certified under s. 468.607;
  286         3. A general, building, or residential contractor licensed
  287  under s. 489.111 or a roofing contractor;
  288         4. A professional engineer licensed under s. 471.015;
  289         5. A professional architect licensed under s. 481.213; or
  290         6. Any other individual or entity recognized by the insurer
  291  as possessing the necessary qualifications to properly complete
  292  a general inspection of a residential structure insured with a
  293  homeowner’s insurance policy.
  294         Section 9. Section 628.011, Florida Statutes, is amended to
  295  read:
  296         628.011 Scope of part.—This part applies only to domestic
  297  stock insurers, mutual insurers, and captive insurers, except
  298  that s. 628.341(2) applies also as to foreign and alien
  299  insurers.
  300         Section 10. Section 628.061, Florida Statutes, is amended
  301  to read:
  302         628.061 Investigation of proposed organization.—In
  303  connection with any proposal to organize or incorporate a
  304  domestic insurer, the office shall make an investigation of:
  305         (1) The character, reputation, financial standing, and
  306  motives of the organizers, incorporators, and subscribers
  307  organizing the proposed insurer or any attorney in fact.
  308         (2) The character, financial responsibility, insurance
  309  experience, and business qualifications of its proposed
  310  officers, members of its subscribers advisory committee, or
  311  officers of its attorney in fact.
  312         (3) The character, financial responsibility, business
  313  experience, and standing of the proposed stockholders and
  314  directors, including the stockholders and directors of any
  315  attorney in fact.
  316         Section 11. Subsections (1), (2), and (5) of section
  317  628.801, Florida Statutes, are amended to read:
  318         628.801 Insurance holding companies; registration;
  319  regulation.—
  320         (1) An insurer that is authorized to do business in this
  321  state and that is a member of an insurance holding company
  322  shall, on or before April 1 of each year, register with the
  323  office and file a registration statement and be subject to
  324  regulation with respect to its relationship to the holding
  325  company as provided by law or rule. The commission shall adopt
  326  rules establishing the information and statement form required
  327  for registration and the manner in which registered insurers and
  328  their affiliates are regulated. The rules apply to domestic
  329  insurers, foreign insurers, and commercially domiciled insurers,
  330  except for foreign insurers domiciled in states that are
  331  currently accredited by the NAIC. Except to the extent of any
  332  conflict with this code, the rules must include all requirements
  333  and standards of the Insurance Holding Company System Model
  334  Regulation and ss. 4 and 5 of the Insurance Holding Company
  335  System Regulatory Act and the Insurance Holding Company System
  336  Model Regulation of the NAIC, as adopted in December 2020 2010.
  337  The commission may adopt subsequent amendments thereto if the
  338  methodology remains substantially consistent. The rules may
  339  include a prohibition on oral contracts between affiliated
  340  entities. Material transactions between an insurer and its
  341  affiliates must shall be filed with the office as provided by
  342  rule.
  343         (2) Effective January 1, 2015, The ultimate controlling
  344  person of every insurer subject to registration shall also file
  345  an annual enterprise risk report on or before April 1. As used
  346  in this subsection, the term “ultimate controlling person” means
  347  a person who is not controlled by any other person. The report
  348  must, to the best of the ultimate controlling person’s knowledge
  349  and belief, must identify the material risks within the
  350  insurance holding company system that could pose enterprise risk
  351  to the insurer. The report must shall be filed with the lead
  352  state office of the insurance holding company system as
  353  determined by the procedures within the Financial Analysis
  354  Handbook adopted by the NAIC and is confidential and exempt from
  355  public disclosure as provided in s. 624.4212.
  356         (a) An insurer may satisfy this requirement by providing
  357  the office with the most recently filed parent corporation
  358  reports that have been filed with the Securities and Exchange
  359  Commission which provide the appropriate enterprise risk
  360  information.
  361         (b) The term “enterprise risk” means an activity, a
  362  circumstance, an event, or a series of events involving one or
  363  more affiliates of an insurer which, if not remedied promptly,
  364  are likely to have a materially adverse effect upon the
  365  financial condition or liquidity of the insurer or its insurance
  366  holding company system as a whole, including anything that would
  367  cause the insurer’s risk-based capital to fall into company
  368  action level as set forth in s. 624.4085 or would cause the
  369  insurer to be in a hazardous financial condition.
  370         (c)The commission may adopt rules for filing the annual
  371  enterprise risk report in accordance with the Insurance Holding
  372  Company System Regulatory Act and the Insurance Holding Company
  373  System Model Regulation of the NAIC, as adopted in December
  374  2020.
  375         (5) Effective January 1, 2015, The failure to file a
  376  registration statement, or a summary of the registration
  377  statement, or the enterprise risk filing report required by this
  378  section within the time specified for filing is a violation of
  379  this section.
  380         Section 12. Section 629.011, Florida Statutes, is amended
  381  to read:
  382         629.011 Definitions “Reciprocal insurance” defined.—As used
  383  in this part, the term:
  384         (1) “Affiliated person” of another person means any of the
  385  following:
  386         (a) The spouse of the other person.
  387         (b) The parents of the other person, and their lineal
  388  descendants, and the parents of the other person’s spouse, and
  389  their lineal descendants.
  390         (c) A person who directly or indirectly owns or controls,
  391  or holds with power to vote, 10 percent or more of the
  392  outstanding voting securities of the other person.
  393         (d) A person who directly or indirectly owns 10 percent or
  394  more of the outstanding voting securities that are directly or
  395  indirectly owned or controlled, or held with power to vote, by
  396  the other person.
  397         (e) A person or group of persons who directly or indirectly
  398  control, are controlled by, or are under common control with the
  399  other person.
  400         (f) A director, an officer, a trustee, a partner, an owner,
  401  a manager, a joint venturer, an employee, or other person
  402  performing duties similar to those of persons in such positions.
  403         (g) If the other person is an investment company, any
  404  investment adviser of such company or any member of an advisory
  405  board of such company.
  406         (h) If the other person is an unincorporated investment
  407  company not having a board of directors, the depositor of such
  408  company.
  409         (i) A person who has entered into an agreement, written or
  410  unwritten, to act in concert with the other person in acquiring,
  411  or limiting the disposition of:
  412         1. Securities of an attorney in fact or controlling company
  413  that is a stock corporation; or
  414         2. An ownership interest of an attorney in fact or
  415  controlling company that is not a stock corporation.
  416         (2) “Attorney in fact” or “attorney” means the attorney in
  417  fact of a reciprocal insurer. The attorney in fact may be an
  418  individual, a corporation, or another person.
  419         (3) “Controlling company” means a person, a corporation, a
  420  trust, a limited liability company, an association, or another
  421  entity owning, directly or indirectly, 10 percent or more of the
  422  voting securities of one or more attorneys in fact that are
  423  stock corporations, or 10 percent or more of the ownership
  424  interest of one or more attorneys in fact that are not stock
  425  corporations.
  426         (4) “Reciprocal insurance” means is that resulting from an
  427  interexchange among persons, known as subscribers, of
  428  reciprocal agreements of indemnity, the interexchange being
  429  effectuated through an attorney in fact common to all such
  430  persons.
  431         (5) “Reciprocal insurer” means unincorporated aggregation
  432  of subscribers operating individually and collectively through
  433  an attorney in fact to provide reciprocal insurance among
  434  themselves.
  435         Section 13. Section 629.021, Florida Statutes, is repealed.
  436         Section 14. Section 629.061, Florida Statutes, is repealed.
  437         Section 15. Section 629.081, Florida Statutes, is amended
  438  to read:
  439         629.081 Organization of reciprocal insurer.—
  440         (1) Twenty-five or more persons domiciled in this state may
  441  organize a domestic reciprocal insurer by making application to
  442  the office for a permit to do so. A domestic reciprocal insurer
  443  may not be formed unless the persons so proposing have first
  444  received a permit from the office and make application to the
  445  office for a certificate of authority to transact insurance.
  446         (2) The permit application, to be filed by the organizers
  447  or the proposed attorney in fact, must be in writing and made in
  448  accordance with forms prescribed by the commission. In addition
  449  to any applicable requirements of s. 628.051 or other relevant
  450  statutes, the application must include all of the following
  451  shall fulfill the requirements of and shall execute and file
  452  with the office, when applying for a certificate of authority, a
  453  declaration setting forth:
  454         (a) The name of the proposed reciprocal insurer, which
  455  shall be in accordance with s. 629.051.;
  456         (b) The location of the insurer’s principal office, which
  457  shall be the same as that of the proposed attorney in fact and
  458  shall be maintained within this state.;
  459         (c) The kinds of insurance proposed to be transacted.;
  460         (d) The names and addresses of the original 25 or more
  461  subscribers.;
  462         (e) The proposed designation and appointment of the
  463  proposed attorney in fact and a copy of the proposed power of
  464  attorney.;
  465         (f) The names and addresses of the officers and directors
  466  of the proposed attorney in fact, if a corporation, or of its
  467  members, if other than a corporation, as well as the background
  468  information as specified in s. 629.227 for all officers,
  469  directors, and equivalent positions of the proposed attorney in
  470  fact as well as for any person with ownership interests of 10
  471  percent or more in the proposed attorney in fact.;
  472         (g)The articles of incorporation and bylaws, or equivalent
  473  documents, of the proposed attorney in fact, dated within the
  474  last year and appropriately certified.
  475         (h)(g) The proposed charter powers of the subscribers’
  476  advisory committee, and the names and terms of office of the
  477  members thereof as well as the background information as
  478  specified in s. 629.227 for each proposed member.;
  479         (h)That all moneys paid to the reciprocal shall, after
  480  deducting therefrom any sum payable to the attorney, be held in
  481  the name of the insurer and for the purposes specified in the
  482  subscribers’ agreement;
  483         (i) A copy of the proposed subscribers’ agreement.;
  484         (j)A statement that each of the original subscribers has
  485  in good faith applied for insurance of a kind proposed to be
  486  transacted, and that the insurer has received from each such
  487  subscriber the full premium or premium deposit required for the
  488  policy applied for, for a term of not less than 6 months at an
  489  adequate rate theretofore filed with and approved by the office;
  490         (k)A statement of the financial condition of the insurer,
  491  a schedule of its assets, and a statement that the surplus as
  492  required by s. 629.071 is on hand; and
  493         (j)(l) A copy of each policy, endorsement, and application
  494  form the insurer it then proposes to issue or use.
  495         (3)The filing must be accompanied by the application fee
  496  required under s. 624.501(1)(a) and such other pertinent
  497  information and documents as reasonably requested by the office.
  498         (4)The office shall evaluate and grant or deny the permit
  499  application in accordance with ss. 628.061, 628.071, and other
  500  relevant provisions of the code.
  501  
  502  Such declaration shall be acknowledged by the attorney before an
  503  officer authorized to take acknowledgments.
  504         Section 16. Section 629.091, Florida Statutes, is amended
  505  to read:
  506         629.091 Reciprocal certificate of authority.—
  507         (1)A domestic reciprocal insurer may seek a certificate of
  508  authority only after obtaining a permit.
  509         (2)To apply for a certificate of authority as a domestic
  510  reciprocal insurer, the attorney in fact of an applicant who has
  511  previously received a permit from the office may file an
  512  application for a certificate of authority in accordance with
  513  forms prescribed by the commission that, in addition to
  514  applicable requirements of ss. 624.404, 624.411, and 624.413 and
  515  other relevant statutes, consist of all of the following:
  516         (a)Executed copies of any proposed or draft documents
  517  required as part of the permit application.
  518         (b)A statement affirming that all moneys paid to the
  519  reciprocal insurer shall, after deducting therefrom any sum
  520  payable to the attorney in fact, be held in the name of the
  521  insurer and for the purposes specified in the subscribers’
  522  agreement.
  523         (c)A statement that each of the original subscribers has
  524  in good faith applied for insurance of a kind proposed to be
  525  transacted, and that the insurer has received from each such
  526  subscriber the full premium or premium deposit required for the
  527  policy applied for, for a term of not less than 6 months at an
  528  adequate rate theretofore filed with and approved by the office.
  529         (d)A copy of the bond required under s. 629.121.
  530         (e)A statement of the financial condition of the insurer,
  531  a schedule of its assets, and a statement that the surplus as
  532  required by s. 629.071 is on hand.
  533         (f)Such other pertinent information or documents as
  534  reasonably requested by the office.
  535         (3)If the reciprocal insurer intends to issue
  536  nonassessable policies upon the receipt of a certificate of
  537  authority, and the office determines that the reciprocal insurer
  538  meets the legal requirements to issue nonassessable policies,
  539  including the surplus requirements, the office must grant
  540  authorization to issue nonassessable policies.
  541         (4) The certificate of authority of a reciprocal insurer
  542  shall be issued to its attorney in the name of the reciprocal
  543  insurer to its attorney in fact.
  544         Section 17. Section 629.094, Florida Statutes, is created
  545  to read:
  546         629.094Continued eligibility for certificate of
  547  authority.In order to maintain its eligibility for a
  548  certificate of authority, a domestic reciprocal insurer shall
  549  continue to meet all applicable conditions required for
  550  receiving the initial permit and certificate of authority under
  551  this code and the rules adopted thereunder.
  552         Section 18. Section 629.101, Florida Statutes, is amended
  553  to read:
  554         629.101 Power of attorney.—
  555         (1) The rights and powers of the attorney in fact of a
  556  reciprocal insurer are shall be as provided in the power of
  557  attorney given it by the subscribers.
  558         (2) The power of attorney must set forth all of the
  559  following:
  560         (a) The powers of the attorney in fact.;
  561         (b) That the attorney in fact is empowered to accept
  562  service of process on behalf of the insurer in actions against
  563  the insurer upon contracts exchanged.;
  564         (c) The place where the office of the attorney in fact is
  565  maintained.
  566         (d) The general services to be performed by the attorney in
  567  fact.;
  568         (e)That the attorney in fact has a fiduciary duty to the
  569  subscribers of the reciprocal insurer.
  570         (f)(d) The maximum amount to be deducted from advance
  571  premiums or deposits to be paid to the attorney in fact and the
  572  general items of expense in addition to losses, to be paid by
  573  the insurer.; and
  574         (g)(e) Except as to nonassessable policies, a provision for
  575  a contingent several liability of each subscriber in a specified
  576  amount, which amount may shall be not be less than 5 or nor more
  577  than 10 times the premium or premium deposit stated in the
  578  policy.
  579         (3) The power of attorney may do all of the following:
  580         (a) Provide for the right of substitution of the attorney
  581  in fact and revocation of the power of attorney and rights
  582  thereunder.;
  583         (b) Impose such restrictions upon the exercise of the power
  584  as are agreed upon by the subscribers.;
  585         (c) Provide for the exercise of any right reserved to the
  586  subscribers directly or through their advisory committee.; and
  587         (4)(d)The power of attorney must contain other lawful
  588  provisions deemed advisable.
  589         (5)(4) The terms of any power of attorney or agreement
  590  collateral thereto must shall be reasonable and equitable, and
  591  no such power or agreement may shall be used or be effective in
  592  this state unless filed with the office.
  593         Section 19. Section 629.225, Florida Statutes, is created
  594  to read:
  595         629.225Acquisitions.—The provisions of this section apply
  596  to domestic reciprocal insurers and the attorney in fact of
  597  domestic reciprocal insurers.
  598         (1) A person may not, individually or in conjunction with
  599  any affiliated person of such person, directly or indirectly,
  600  conclude a tender offer or exchange offer for, enter into any
  601  agreement to exchange securities for, or otherwise finally
  602  acquire, 10 percent or more of the outstanding voting securities
  603  of an attorney in fact which is a stock corporation or of a
  604  controlling company of an attorney in fact which is a stock
  605  corporation; or conclude an acquisition of, or otherwise finally
  606  acquire, 10 percent or more of the ownership interest of an
  607  attorney in fact which is not a stock corporation or of a
  608  controlling company of an attorney which is not a stock
  609  corporation, unless all of the following conditions are met:
  610         (a) The person or affiliated person has filed with the
  611  office and sent to the principal office of the attorney in fact,
  612  and any controlling company of the attorney in fact, the
  613  subscribers advisory committee, and the domestic reciprocal
  614  insurer a letter of notification regarding the transaction or
  615  proposed transaction no later than 5 days after any form of
  616  tender offer or exchange offer is proposed, or no later than 5
  617  days after the acquisition of the securities or ownership
  618  interest if a tender offer or exchange offer is not involved.
  619  The notification must be provided on forms prescribed by the
  620  commission containing information determined necessary to
  621  understand the transaction and identify all purchasers and
  622  owners involved.
  623         (b)The subscribers advisory committee has provided the
  624  notification required under paragraph (a) on a form prescribed
  625  by the commission, explaining what the notification is and
  626  letting the subscribers know of the filing deadlines for
  627  objecting to the acquisition.
  628         (c) The person or affiliated person has filed with the
  629  office an application signed under oath and prepared on forms
  630  prescribed by the commission which contains the information
  631  specified in subsection (4). The application must be completed
  632  and filed within 30 days after any form of tender offer or
  633  exchange offer is proposed, or after the acquisition of the
  634  securities if a tender offer or exchange offer is not involved.
  635         (d) The office has approved the tender offer or exchange
  636  offer, or acquisition if a tender offer or exchange offer is not
  637  involved.
  638         (2)This section does not apply to any acquisition of
  639  voting securities or ownership interest of an attorney in fact
  640  or of a controlling company by any person who is the owner of a
  641  majority of the voting securities or ownership interest with the
  642  approval of the office under this section or s. 629.091.
  643         (3)The person or affiliated person filing the notice
  644  required by paragraph (1)(a) may request that the office waive
  645  the requirements of paragraph (1)(b), provided that there is no
  646  change in the ultimate controlling shareholders, and no change
  647  in the ownership percentages of the ultimate controlling
  648  shareholders, and no unaffiliated parties acquire any direct or
  649  indirect interest in the attorney in fact. The office may waive
  650  the filing required by paragraph (1)(b) if it determines that
  651  there is no change in the ultimate controlling shareholders, and
  652  no change in the ownership percentages of the ultimate
  653  controlling shareholders, and no unaffiliated parties will
  654  acquire any direct or indirect interest in the attorney in fact.
  655         (4) The application to be filed with the office and
  656  furnished to the attorney in fact must contain the following
  657  information and any additional information as the office deems
  658  necessary to determine the character, experience, ability, and
  659  other qualifications of the person or affiliated person of such
  660  person for the protection of the reciprocal insurer’s
  661  subscribers and of the public:
  662         (a) The identity and background information specified in s.
  663  629.227 of:
  664         1. Each person by whom, or on whose behalf, the acquisition
  665  is to be made; and
  666         2. Any person who controls, directly or indirectly, such
  667  other person, including each director, officer, trustee,
  668  partner, owner, manager, or joint venturer, or other person
  669  performing duties similar to those of persons in such positions,
  670  for the person.
  671         (b) The source and amount of the funds or other
  672  consideration used, or to be used, in making the acquisition.
  673         (c) Any plans or proposals which such persons may have made
  674  to liquidate the attorney in fact or controlling company, to
  675  sell any of their assets or merge or consolidate them with any
  676  person, or to make any other major change in their business or
  677  corporate structure or management.
  678         (d) The nature and the extent of the controlling interest
  679  which the person or affiliated person of such person proposes to
  680  acquire, the terms of the proposed acquisition, and the manner
  681  in which the controlling interest is to be acquired of an
  682  attorney in fact or controlling company which is not a stock
  683  corporation.
  684         (e) The number of shares or other securities which the
  685  person or affiliated person of such person proposes to acquire,
  686  the terms of the proposed acquisition, and the manner in which
  687  the securities are to be acquired.
  688         (f) Information as to any contract, arrangement, or
  689  understanding with any party with respect to any of the
  690  securities of the attorney in fact or controlling company,
  691  including, but not limited to, information relating to the
  692  transfer of any of the securities, option arrangements, puts or
  693  calls, or the giving or withholding of proxies, which
  694  information names the party with whom the contract, arrangement,
  695  or understanding has been entered into and gives the details
  696  thereof.
  697         (g)The filing must be accompanied by the fee required
  698  under s. 624.501(1)(a).
  699         (5) If any material change occurs in the facts provided in
  700  the application filed with the office pursuant to this section
  701  or the background information required under s. 629.227, an
  702  amendment specifying such changes must be filed immediately with
  703  the office, and a copy of the amendment must be sent to the
  704  principal office of the attorney in fact and to the principal
  705  office of the controlling company.
  706         (6)(a)The acquisition application must be reviewed in
  707  accordance with chapter 120. The office may on its own initiate,
  708  or, if requested to do so in writing by a substantially affected
  709  person, shall conduct a proceeding to consider the
  710  appropriateness of the proposed filing. Time periods for
  711  purposes of chapter 120 shall be tolled during the pendency of
  712  the proceeding. Any written request for a proceeding must be
  713  filed with the office within 10 days after the date notice of
  714  the filing is given, or 10 days after notice of the filing is
  715  sent to the subscribers by the subscribers advisory committee,
  716  whichever is later. During the pendency of the proceeding or
  717  review period by the office, any person or affiliated person
  718  complying with the filing requirements of this section may
  719  proceed and take all steps necessary to conclude the acquisition
  720  so long as the acquisition becoming final is conditioned upon
  721  obtaining office approval. However, at any time it finds an
  722  immediate danger to the public health, safety, and welfare of
  723  the reciprocal insurer’s subscribers exists, the office shall
  724  immediately order, pursuant to s. 120.569(2)(n), the proposed
  725  acquisition disapproved and any further steps to conclude the
  726  acquisition ceased.
  727         (b) During the pendency of the office’s review of any
  728  acquisition subject to the provisions of this section, the
  729  acquiring person may not make any material change in the
  730  operation of the attorney in fact or controlling company unless
  731  the office has specifically approved the change, nor shall the
  732  acquiring person make any material change in the management of
  733  the attorney in fact unless advance written notice of the change
  734  in management is furnished to the office. The term material
  735  change in the operation of the attorney in fact” means a
  736  transaction that disposes of or obligates 5 percent or more of
  737  the capital and surplus of the attorney in fact or of any
  738  domestic reciprocal insurer. The term material change in the
  739  management of the attorney in fact means any change in
  740  management involving officers or directors of the attorney in
  741  fact or any person of the attorney or controlling company having
  742  authority to dispose of or obligate 5 percent or more of the
  743  attorney in fact’s capital or surplus. The office shall approve
  744  a material change in operations if it finds the applicable
  745  provisions of subsection (8) have been met. The office may
  746  disapprove a material change in management if it finds that the
  747  applicable provisions of subsection (8) have not been met and in
  748  such case the attorney in fact shall promptly change management
  749  as acceptable to the office.
  750         (c) If a request for a proceeding is filed, the proceeding
  751  must be conducted within 60 days after the date the written
  752  request for a proceeding is received by the office. A
  753  recommended order must be issued within 20 days after the date
  754  of the close of the proceedings. A final order shall be issued
  755  within 20 days after the date of the recommended order or, if
  756  exceptions to the recommended order are filed, within 20 days
  757  after the date the exceptions are filed.
  758         (7) The office may disapprove any acquisition subject to
  759  this section by any person or any affiliated person of such
  760  person who:
  761         (a) Willfully violates this section;
  762         (b) In violation of an order of the office issued pursuant
  763  to subsection (11), fails to divest himself or herself of any
  764  stock or ownership interest obtained in violation of this
  765  section or fails to divest himself or herself of any direct or
  766  indirect control of such stock or ownership interest, within 25
  767  days after such order; or
  768         (c) In violation of an order issued by the office pursuant
  769  to subsection (12), acquires an additional stock or ownership
  770  interest in an attorney in fact or controlling company or direct
  771  or indirect control of such stock or ownership interest, without
  772  complying with this section.
  773         (8) The person or persons filing the application required
  774  by this section have the burden of proof. The office shall
  775  approve any such acquisition if it finds, on the basis of the
  776  record made during any proceeding or on the basis of the filed
  777  application if no proceeding is conducted, that:
  778         (a) The financial condition of the acquiring person or
  779  persons will not jeopardize the financial stability of the
  780  attorney in fact or prejudice the interests of the reciprocal
  781  insurer’s subscribers or the public.
  782         (b) Any plan or proposal which the acquiring person has, or
  783  acquiring persons have, made:
  784         1. To liquidate the attorney in fact, sell its assets, or
  785  merge or consolidate it with any person, or to make any other
  786  major change in its business or corporate structure or
  787  management is fair and free of prejudice to the reciprocal
  788  insurer’s subscribers or to the public; or
  789         2. To liquidate any controlling company, sell its assets,
  790  or merge or consolidate it with any person, or to make any major
  791  change in its business or corporate structure or management
  792  which would have an effect upon the attorney in fact, is fair
  793  and free of prejudice to the reciprocal insurer’s subscribers or
  794  to the public.
  795         (c) The competence, experience, and integrity of those
  796  persons who will control directly or indirectly the operation of
  797  the attorney in fact indicate that the acquisition is in the
  798  best interest of the reciprocal insurer’s subscribers and in the
  799  public interest.
  800         (d) The natural persons for whom background information is
  801  required to be furnished pursuant to this section have such
  802  backgrounds as to indicate that it is in the best interests of
  803  the reciprocal insurer’s subscribers and in the public interest
  804  to permit such persons to exercise control over the attorney in
  805  fact.
  806         (e) The directors and officers, if such attorney in fact or
  807  controlling company is a stock corporation, or the trustees,
  808  partners, owners, managers, joint venturers, or other persons
  809  performing duties similar to those of persons in such positions,
  810  if such attorney in fact or controlling company is not a stock
  811  corporation, to be employed after the acquisition have
  812  sufficient insurance experience and ability to assure reasonable
  813  promise of successful operation.
  814         (f) The management of the attorney in fact after the
  815  acquisition will be competent, trustworthy, and will possess
  816  sufficient managerial experience so as to make the proposed
  817  operation of the attorney in fact not hazardous to the
  818  insurance-buying public.
  819         (g) The management of the attorney in fact after the
  820  acquisition may not include any person who has directly or
  821  indirectly through ownership, control, reinsurance transactions,
  822  or other insurance or business relations unlawfully manipulated
  823  the assets, accounts, finances, or books of any insurer or
  824  otherwise acted in bad faith with respect thereto.
  825         (h) The acquisition is not likely to be hazardous or
  826  prejudicial to the reciprocal insurer’s subscribers or to the
  827  public.
  828         (i) The effect of the acquisition would not substantially
  829  lessen competition in the line of insurance for which the
  830  reciprocal insurer is licensed or certified in this state or
  831  would not tend to create a monopoly therein.
  832         (9) A vote by the stockholder of record, or by any other
  833  person, of any security acquired in contravention of this
  834  section is not valid. Any acquisition contrary to this section
  835  is void. Upon the petition of the attorney in fact, the
  836  controlling company, or the reciprocal insurer, the circuit
  837  court for the county in which the principal office of the
  838  attorney in fact is located may, without limiting the generality
  839  of its authority, order the issuance or entry of an injunction
  840  or other order to enforce this section. There shall be a private
  841  right of action in favor of the attorney in fact, or controlling
  842  company, to enforce this section. A demand upon the office that
  843  it performs its functions may not be required as a prerequisite
  844  to any suit by the attorney in fact or controlling company
  845  against any other person, and in no case shall the office be
  846  deemed a necessary party to any action by the attorney in fact
  847  or controlling company to enforce this section. Any person who
  848  makes or proposes an acquisition requiring the filing of an
  849  application pursuant to this section, or who files such an
  850  application, shall be deemed to have thereby designated the
  851  Chief Financial Officer, or his or her assistant or deputy or
  852  another person in charge of his or her office, as such person’s
  853  agent for service of process under this section and shall
  854  thereby be deemed to have submitted himself or herself to the
  855  administrative jurisdiction of the office and to the
  856  jurisdiction of the circuit court.
  857         (10) Any approval by the office under this section does not
  858  constitute a recommendation by the office of the tender offer or
  859  exchange offer, or acquisition, if no tender offer or exchange
  860  offer is involved. It is unlawful for a person to represent that
  861  the office’s approval constitutes a recommendation. A person who
  862  violates this subsection commits a felony of the third degree,
  863  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  864  The statute of limitations period for the prosecution of an
  865  offense committed under this subsection is 5 years.
  866         (11) A person may rebut a presumption of control by filing
  867  a disclaimer of control with the office on a form prescribed by
  868  the commission. The disclaimer must fully disclose all material
  869  relationships and bases for affiliation between the person and
  870  the attorney in fact as well as the basis for disclaiming the
  871  affiliation. In lieu of such form, a person or acquiring party
  872  may file with the office a copy of a Schedule 13G filed with the
  873  Securities and Exchange Commission pursuant to Rule 13d-1(b) or
  874  (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act
  875  of 1934, as amended. After a disclaimer has been filed, the
  876  attorney in fact is relieved of any duty to register or report
  877  under this section which may arise out of the attorney in fact’s
  878  relationship with the person unless the office disallows the
  879  disclaimer.
  880         (12) If the office determines that any person or any
  881  affiliated person of such person has acquired 10 percent or more
  882  of the outstanding voting securities of an attorney in fact or
  883  controlling company which is a stock corporation, or 10 percent
  884  or more of the ownership interest of an attorney in fact or
  885  controlling company which is not a stock corporation, without
  886  complying with this section, the office may order that the
  887  person and any affiliated person of such person cease
  888  acquisition of the attorney in fact or controlling company and,
  889  if appropriate, divest itself of any stock or ownership interest
  890  acquired in violation of this section.
  891         (13)(a)The office must, if necessary to protect the public
  892  interest, suspend or revoke the certificate of authority of the
  893  reciprocal insurer whose attorney in fact or controlling company
  894  is acquired in violation of this section.
  895         (b) If any reciprocal insurer is subject to suspension or
  896  revocation pursuant to paragraph (a), any other reciprocal
  897  insurer using the same attorney in fact is also subject to
  898  suspension or revocation. In such case, the office may offer any
  899  affected reciprocal insurer, through its subscriber
  900  representatives, the ability to cure any suspension or
  901  revocation by procuring another attorney in fact acceptable to
  902  the office or taking any other action agreed to by the office.
  903         Section 20. Section 629.227, Florida Statutes, is created
  904  to read:
  905         629.227Background information.—The information as to the
  906  background and identity of each person about whom information is
  907  required to be furnished pursuant to s. 629.081 or s. 629.225
  908  must include, but need not be limited to:
  909         (1)A sworn biographical statement, on forms adopted by the
  910  commission, which must include, but need not be limited to, the
  911  following information:
  912         (a)Occupations, positions of employment, and offices held
  913  during the past 20 years, including the principal business and
  914  address of any business, corporation, or organization where each
  915  occupation, position of employment, or office occurred.
  916         (b)Whether the person was, at any time during a 10-year
  917  period, convicted of any crime other than a traffic violation.
  918         (c)Whether the person has been, during a 10-year period,
  919  the subject of any proceeding for the revocation of any license
  920  and, if so, the nature of the proceeding and the disposition of
  921  the proceeding.
  922         (d)Whether, during a 10-year period, the person has been
  923  the subject of any proceeding under the federal Bankruptcy Act.
  924         (e)Whether, during a 10-year period, any person or other
  925  business or organization in which the person was a director,
  926  officer, trustee, partner, owner, manager, or other official has
  927  been subject of any proceeding under the federal Bankruptcy Act,
  928  either during the time of that person’s tenure with the business
  929  or organization or within 12 months thereafter.
  930         (f)Whether, during a 10-year period, the person has been
  931  enjoined, temporarily or permanently, by a court of competent
  932  jurisdiction from violating any federal or state law regulating
  933  the business of insurance, securities, or banking, or from
  934  carrying out any particular practice or practices in the course
  935  of the business of insurance, securities, or banking, together
  936  with details as to any such event.
  937         (g)Whether, during a 20-year period, the person served as
  938  the attorney in fact, a subscribers’ advisory committee member,
  939  or any other manager or officer of a reciprocal insurer or an
  940  insurer that became insolvent or had its certificate of
  941  authority suspended or revoked.
  942         (2)A full set of fingerprints, which must be provided to
  943  the department or to a vendor, entity, or agency authorized by
  944  s. 943.053(13). The department, vendor, entity, or agency shall
  945  forward the fingerprints to the Department of Law Enforcement
  946  for state processing and the Department of Law Enforcement shall
  947  forward the fingerprints to the Federal Bureau of Investigation
  948  for national processing as described in s. 624.34. Fees for
  949  state and federal fingerprint processing must be borne by the
  950  individual. The state cost for fingerprint processing is as
  951  provided in s. 943.053(3)(e).
  952         (3)Authority for release of information in regard to the
  953  investigation of such person’s background.
  954         (4)Any additional information as the office deems
  955  necessary to determine the character, experience, ability, and
  956  other qualifications of the person or affiliated person of such
  957  person for the protection of the reciprocal insurer’s
  958  subscribers and of the public.
  959         Section 21. Section 629.229, Florida Statutes, is created
  960  to read:
  961         629.229Attorney in fact, officers, and directors of
  962  insolvent reciprocal insurers or other insurers.—Any person who
  963  served as an attorney in fact, or as an officer, director, or
  964  manager of an attorney in fact, any member of a subscribers
  965  advisory committee of a reciprocal insurer doing business in
  966  this state, or an officer or director of any other insurer doing
  967  business in this state, and who served in that capacity within
  968  the 2-year period before the date the insurer or reciprocal
  969  insurer became insolvent, for any insolvency that occurs on or
  970  after July 1, 2024, may not thereafter:
  971         (1)Serve as an attorney in fact, or as an officer,
  972  director, or manager of an attorney in fact, or a member of a
  973  subscribers advisory committee of a reciprocal insurer doing
  974  business in this state, or an officer or director of any other
  975  insurer doing business in this state; or
  976         (2)Have direct or indirect control over the selection or
  977  appointment of an attorney in fact, or of an officer, director,
  978  or manager of an attorney in fact, or a member of the
  979  subscribers committee of a reciprocal insurer doing business in
  980  this state, or an officer or director of any insurer doing
  981  business in this state, through contract, trust, or by operation
  982  of law,
  983  
  984  unless the individual demonstrates that his or her personal
  985  actions or omissions were not a significant contributing cause
  986  to the insolvency.
  987         Section 22. Section 629.261, Florida Statutes, is amended
  988  to read:
  989         629.261 Nonassessable policies.—Upon impairment of the
  990  surplus of a nonassessable reciprocal insurer, the office shall
  991  revoke the authorization issued under s. 629.291(5) or s.
  992  629.091(3). Upon revocation of the authority to issue
  993  nonassessable policies, the reciprocal insurer may not issue or
  994  renew nonassessable policies or convert assessable policies to
  995  nonassessable policies, and the provisions of s. 629.301 applies
  996  to such insurer.
  997         (1) If a reciprocal insurer has a surplus as to
  998  policyholders required of a domestic stock insurer authorized to
  999  transact like kinds of insurance, upon application of the
 1000  attorney and as approved by the subscribers’ advisory committee
 1001  the office shall issue its certificate authorizing the insurer
 1002  to extinguish the contingent liability of subscribers under its
 1003  policies then in force in this state and to omit provisions
 1004  imposing contingent liability in all policies delivered or
 1005  issued for delivery in this state for so long as all such
 1006  surplus remains unimpaired.
 1007         (2) Upon impairment of such surplus, the office shall
 1008  forthwith revoke the certificate. Such revocation does shall not
 1009  render subject to contingent liability any policy then in force
 1010  and for the remainder of the period for which the premium has
 1011  theretofore been paid; but, after such revocation, no policy
 1012  shall be issued or renewed without providing for contingent
 1013  assessment liability of the subscriber.
 1014         (3) The office shall not authorize a domestic reciprocal
 1015  insurer so to extinguish the contingent liability of any of its
 1016  subscribers or in any of its policies to be issued, unless it
 1017  qualifies to and does extinguish such liability of all its
 1018  subscribers and in all such policies for all kinds of insurance
 1019  transacted by it; except that, if required by the laws of
 1020  another state in which the insurer is transacting insurance as
 1021  an authorized insurer, the insurer may issue policies providing
 1022  for the contingent liability of such of its subscribers as may
 1023  acquire such policies in such state, and need not extinguish the
 1024  contingent liability applicable to policies theretofore in force
 1025  in such state.
 1026         Section 23. Section 629.291, Florida Statutes, is amended
 1027  to read:
 1028         629.291 Merger or conversion.—
 1029         (1) A domestic reciprocal insurer, upon affirmative vote of
 1030  not less than two-thirds of its subscribers who vote on such
 1031  merger pursuant to due notice, and subject to the approval by of
 1032  the office of the terms therefor, may merge with another
 1033  reciprocal insurer or be converted to a stock or mutual insurer,
 1034  to be thereafter governed by the applicable sections of the
 1035  insurance code. However, a domestic stock insurer may not
 1036  convert to a reciprocal insurer.
 1037         (2) A plan to merge a reciprocal insurer with another
 1038  reciprocal insurer or for conversion of the reciprocal insurer
 1039  to a stock or mutual insurer must be filed on forms adopted by
 1040  the office and contain such information as the office reasonably
 1041  requires to evaluate the transaction Such a stock or mutual
 1042  insurer shall be subject to the same capital or surplus
 1043  requirements and shall have the same rights as a like domestic
 1044  insurer transacting like kinds of insurance.
 1045         (3) The office may shall not approve any plan for such
 1046  merger or conversion which is inequitable to subscribers or
 1047  which, if for conversion to a stock insurer, does not give each
 1048  subscriber preferential right to acquire stock of the proposed
 1049  insurer proportionate to his or her interest in the reciprocal
 1050  insurer, as determined in accordance with s. 629.281, and a
 1051  reasonable length of time within which to exercise such right.
 1052         (4) Reinsurance of all or substantially all of the
 1053  insurance in force of a domestic reciprocal insurer in another
 1054  insurer shall be deemed to be a merger for the purposes of this
 1055  section.
 1056         (5)(a)An assessable reciprocal insurer may convert to a
 1057  nonassessable reciprocal insurer if:
 1058         1.The subscribers advisory committee approves the
 1059  conversion;
 1060         2.The attorney in fact submits the application for
 1061  conversion on the required application form; and
 1062         3.The office finds that the application for conversion
 1063  meets the minimum statutory requirements.
 1064         (b)If the office approves the application for conversion,
 1065  the assessable reciprocal insurer may convert to a nonassessable
 1066  reciprocal insurer by:
 1067         1.Extinguishing the contingent liability of subscribers
 1068  under all policies then in force in this state;
 1069         2.Omitting contingent liability provisions in all policies
 1070  delivered or issued in this state after the conversion; and
 1071         3.Otherwise extinguishing the contingent liability of all
 1072  of its subscribers. However, if the reciprocal insurer is
 1073  transacting insurance as an authorized insurer in another state
 1074  and that state’s laws require the insurer to issue policies with
 1075  contingent liability provisions, the insurer may issue
 1076  contingent liability policies in that other state.
 1077         Section 24. Section 629.525, Florida Statutes, is created
 1078  to read:
 1079         629.525Rulemaking authority.—The commission shall adopt,
 1080  amend, or repeal rules necessary to implement this chapter.
 1081         Section 25. Paragraph (h) of subsection (3) of section
 1082  163.01, Florida Statutes, is amended to read:
 1083         163.01 Florida Interlocal Cooperation Act of 1969.—
 1084         (3) As used in this section:
 1085         (h) “Local government liability pool” means a reciprocal
 1086  insurer as defined in s. 629.011 s. 629.021 or any self
 1087  insurance program created pursuant to s. 768.28(16), formed and
 1088  controlled by counties or municipalities of this state to
 1089  provide liability insurance coverage for counties,
 1090  municipalities, or other public agencies of this state, which
 1091  pool may contract with other parties for the purpose of
 1092  providing claims administration, processing, accounting, and
 1093  other administrative facilities.
 1094         Section 26. Subsection (3) of section 626.9531, Florida
 1095  Statutes, is amended to read:
 1096         626.9531 Identification of insurers, agents, and insurance
 1097  contracts.—
 1098         (3) For the purposes of this section, the term “risk
 1099  bearing entity” means a reciprocal insurer as defined in s.
 1100  629.011 s. 629.021, a commercial self-insurance fund as defined
 1101  in s. 624.462, a group self-insurance fund as defined in s.
 1102  624.4621, a local government self-insurance fund as defined in
 1103  s. 624.4622, a self-insured public utility as defined in s.
 1104  624.46225, or an independent educational institution self
 1105  insurance fund as defined in s. 624.4623. For the purposes of
 1106  this section, the term “risk bearing entity” does not include an
 1107  authorized insurer as defined in s. 624.09.
 1108         Section 27. Except as otherwise expressly provided in this
 1109  act and except for this section, which shall take effect upon
 1110  this act becoming a law, this act shall take effect July 1,
 1111  2024.
 1112  
 1113  ================= T I T L E  A M E N D M E N T ================
 1114  And the title is amended as follows:
 1115         Delete lines 6 - 156
 1116  and insert:
 1117         beginning on a specified date, requiring insurers and
 1118         insurer groups to file a specified supplemental report
 1119         on a monthly basis; requiring that such report include
 1120         certain information for each zip code; amending s.
 1121         624.4305, F.S.; authorizing the Financial Services
 1122         Commission to adopt rules related to notice of
 1123         nonrenewal of residential property insurance policies;
 1124         amending s. 624.46226, F.S.; revising the requirements
 1125         for public housing authority self-insurance funds;
 1126         amending s. 626.9201, F.S.; prohibiting insurers from
 1127         canceling or nonrenewing certain insurance policies
 1128         under certain circumstances; providing exceptions;
 1129         providing construction; authorizing the commission to
 1130         adopt rules and the Commissioner of Insurance
 1131         Regulation to issue orders; amending s. 627.062, F.S.;
 1132         specifying requirements for rate filings if certain
 1133         models are used; amending s. 627.351, F.S.; revising
 1134         requirements for certain policies that are not subject
 1135         to certain rate increase limitations; amending s.
 1136         627.7011, F.S.; revising the definition of the term
 1137         “authorized inspector”; amending s. 628.011, F.S.;
 1138         conforming provisions to changes made by the act;
 1139         amending s. 628.061, F.S.; conforming a provision to
 1140         changes made by the act; revising the persons that the
 1141         office is required to investigate in connection with a
 1142         proposal to organize or incorporate a domestic
 1143         insurer; amending s. 628.801, F.S.; revising
 1144         requirements for rules adopted for insurers that are
 1145         members of an insurance holding company; deleting an
 1146         obsolete date; authorizing the commission to adopt
 1147         rules; amending s. 629.011, F.S.; defining terms;
 1148         repealing s. 629.021, F.S., relating to the definition
 1149         of the term “reciprocal insurer”; repealing s.
 1150         629.061, F.S., relating to the term “attorney”;
 1151         amending s. 629.081, F.S.; revising the procedure for
 1152         persons to organize as a domestic reciprocal insurer;
 1153         specifying requirements for the permit application;
 1154         requiring that the application be accompanied by a
 1155         specified fee and other pertinent information and
 1156         documents; requiring the office to evaluate and grant
 1157         or deny the permit application in accordance with
 1158         specified provisions; amending s. 629.091, F.S.;
 1159         providing that a domestic reciprocal insurer may seek
 1160         a certificate of authority only under certain
 1161         circumstances; providing requirements for an
 1162         application for a certificate of authority to operate
 1163         as a domestic reciprocal insurer; requiring the office
 1164         to grant authorization to issue nonassessable policies
 1165         under certain circumstances; requiring that a
 1166         certificate of authority be issued in the name of the
 1167         reciprocal insurer to its attorney in fact; creating
 1168         s. 629.094, F.S.; requiring a domestic reciprocal
 1169         insurer to meet certain requirements to maintain its
 1170         eligibility for a certificate of authority; amending
 1171         s. 629.101, F.S.; revising requirements for the power
 1172         of attorney given by subscribers of a domestic
 1173         reciprocal insurer to its attorney in fact; requiring
 1174         that such power of attorney contain certain
 1175         provisions; creating s. 629.225, F.S.; providing
 1176         applicability; prohibiting persons from concluding a
 1177         tender offer or exchange offer or acquiring securities
 1178         of certain attorneys in fact and controlling companies
 1179         of certain attorneys in fact; providing an exception;
 1180         providing applicability; authorizing certain persons
 1181         to request that the office waive certain requirements;
 1182         providing that the office may waive certain
 1183         requirements if specified determinations are made;
 1184         specifying the requirements of an application to the
 1185         office relating to certain acquisitions; requiring
 1186         that such application be accompanied by a specified
 1187         fee; requiring that amendments be filed with the
 1188         office under certain circumstances; specifying the
 1189         manner in which the acquisition application must be
 1190         reviewed; authorizing the office, and requiring the
 1191         office if a request for a proceeding is filed, to
 1192         conduct a proceeding within a specified timeframe to
 1193         consider the appropriateness of such application;
 1194         requiring that certain time periods be tolled;
 1195         requiring that written requests for a proceeding be
 1196         filed within a certain timeframe; authorizing certain
 1197         persons to take all steps to conclude the acquisition
 1198         during the pendency of the proceeding or review
 1199         period; requiring the office to order a proposed
 1200         acquisition disapproved and that actions to conclude
 1201         the acquisition be ceased under certain circumstances;
 1202         prohibiting certain persons from making certain
 1203         changes during the pendency of the office’s review of
 1204         an acquisition; providing an exception; defining the
 1205         terms “material change in the operation of the
 1206         attorney in fact” and “material change in the
 1207         management of the attorney in fact”; requiring the
 1208         office to approve or disapprove certain changes upon
 1209         making certain findings; requiring that a proceeding
 1210         be conducted within a certain timeframe; requiring
 1211         that recommended orders and final orders be issued
 1212         within a certain timeframe; specifying the
 1213         circumstances under which the office may disapprove an
 1214         acquisition; specifying that certain persons have the
 1215         burden of proof; requiring the office to approve an
 1216         acquisition upon certain findings; specifying that
 1217         certain votes are not valid and that certain
 1218         acquisitions are void; specifying that certain
 1219         provisions may be enforced by an injunction; creating
 1220         a private right of action in favor of the attorney in
 1221         fact or the controlling company to enforce certain
 1222         provisions; providing that a certain demand upon the
 1223         office is not required before certain legal actions;
 1224         providing that the office is not a necessary party to
 1225         certain actions; specifying the persons who are deemed
 1226         designated for service of process and who have
 1227         submitted to the administrative jurisdiction of the
 1228         office; providing that approval by the office does not
 1229         constitute a certain recommendation; providing that
 1230         certain actions are unlawful; providing criminal
 1231         penalties; providing a statute of limitations;
 1232         authorizing a person to rebut a presumption of control
 1233         by filing certain disclaimers; specifying the contents
 1234         of such disclaimer; specifying that, after a
 1235         disclaimer is filed, the attorney in fact is relieved
 1236         of a certain duty; authorizing the office to order
 1237         certain persons to cease acquisition of the attorney
 1238         in fact or controlling company and divest themselves
 1239         of any stock or ownership interest under certain
 1240         circumstances; requiring the office to suspend or
 1241         revoke the reciprocal certificate of authority under
 1242         certain circumstances; creating s. 629.227, F.S.;
 1243         specifying the information as to the background and
 1244         identity of certain persons which must be furnished by
 1245         such persons; creating s. 629.229, F.S.; prohibiting
 1246         certain persons who served in certain capacities
 1247         before a specified date from serving in certain other
 1248         roles or having certain control over certain
 1249         selections; providing an exception; amending s.
 1250         629.261, F.S.; requiring the office to revoke certain
 1251         authorization under certain circumstances; prohibiting
 1252         insurers subject to such action from issuing or
 1253         renewing nonassessable policies or converting
 1254         assessable policies to nonassessable policies;
 1255         providing that specified provisions apply to such
 1256         insurers; deleting provisions regarding the office’s
 1257         authority to issue a certificate authoring the insurer
 1258         to extinguish the contingent liability of subscribers;
 1259         deleting a prohibition regarding the office’s
 1260         authorization to extinguish the contingent liability
 1261         of certain subscribers; amending s. 629.291, F.S.;
 1262         providing that certain insurers that merge are
 1263         governed by the insurance code; prohibiting domestic
 1264         stock insurers from being converted to reciprocal
 1265         insurers; requiring that specified plans be filed with
 1266         the office and that such plans contain certain
 1267         information; deleting a provision regarding a stock or
 1268         mutual insurer’s capital and surplus requirements and
 1269         rights; authorizing the conversion of assessable
 1270         reciprocal insurers to nonassessable reciprocal
 1271         insurers under certain circumstances; creating s.
 1272         629.525, F.S.; requiring the commission to adopt,
 1273         amend, or repeal certain rules; amending ss. 163.01
 1274         and 626.9531, F.S.; conforming cross-references;
 1275         providing effective dates.