CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Tamargo offered the following:

12

13         Amendment (with title amendment) 

14         On page 87, between lines 14 & 15 of the bill

15

16  insert:

17         Section 82.  Paragraph (e) of subsection (4) of section

18  215.555, Florida Statutes, is amended to read:

19         215.555  Florida Hurricane Catastrophe Fund.--

20         (4)  REIMBURSEMENT CONTRACTS.--

21         (e)1.  Except as provided in subparagraphs 2. and 3.,

22  the contract shall provide that if an insurer demonstrates to

23  the board that it is likely to qualify for reimbursement under

24  the contract, and demonstrates to the board that the immediate

25  receipt of moneys from the board is likely to prevent the

26  insurer from becoming insolvent, the board shall advance the

27  insurer, at market interest rates, the amounts necessary to

28  maintain the solvency of the insurer, up to 50 percent of the

29  board's estimate of the reimbursement due the insurer. The

30  insurer's reimbursement shall be reduced by an amount equal to

31  the amount of the loan and interest thereon.

                                  1

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         2.  With respect only to an entity created under s.

 2  627.351, the contract shall also provide that the board may,

 3  upon application by such entity, advance to such entity, at

 4  market interest rates, up to 90 percent of the lesser of:

 5         a.  The board's estimate of the amount of reimbursement

 6  due to such entity; or

 7         b.  The entity's share of the actual reimbursement

 8  premium paid for that contract year, multiplied by the

 9  currently available liquid assets of the fund.  In order for

10  the entity to qualify for an advance under this subparagraph,

11  the entity must demonstrate to the board that the advance is

12  essential to allow the entity to pay claims for a covered

13  event and the board must determine that the fund's assets are

14  sufficient and are sufficiently liquid to allow the board to

15  make an advance to the entity and still fulfill the board's

16  reimbursement obligations to other insurers. The entity's

17  final reimbursement for any contract year in which an advance

18  has been made under this subparagraph must be reduced by an

19  amount equal to the amount of the advance and any interest on

20  such advance. In order to determine what amounts, if any, are

21  due the entity, the board may require the entity to report its

22  exposure and its losses at any time to determine retention

23  levels and reimbursements payable.

24         3.  The contract shall also provide specifically and

25  solely with respect to any limited apportionment company under

26  s. 627.351(2)(b)3. that the board may, upon application by

27  such company, advance to such company the amount of the

28  estimated reimbursement payable to such company as calculated

29  pursuant to paragraph (d), up to the lesser of:

30         a.  Ninety percent of the board's estimate of the

31  reimbursement due to such company, or

                                  2

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         b.  Ninety percent of the company's share of the total

 2  fund premiums applied to the board's currently available

 3  liquid assets,

 4

 5  at market rates, if the company demonstrates to the board that

 6  the immediate receipt of such moneys is essential to permit it

 7  to pay claims for a covered event and if the board determines

 8  that the fund's assets are sufficient and are sufficiently

 9  liquid to permit the board to make an advance to such company

10  and at the same time fulfill its reimbursement obligations to

11  the insurers that are participants in the fund.  Such

12  company's final reimbursement for any contract year in which

13  an advance pursuant to this subparagraph has been made shall

14  be reduced by an amount equal to the amount of the advance and

15  interest thereon.  In order to determine what amounts, if any,

16  are due to such company, the board may require such company to

17  report its exposure and its losses at such times as may be

18  required to determine retention levels and loss reimbursements

19  payable.

20         Section 83.  Paragraph (f) of subsection (2) of section

21  624.316, Florida Statutes, is amended to read:

22         624.316  Examination of insurers.--

23         (2)

24         (f)1.a.  An examination under this section must be

25  conducted at least once every year with respect to a domestic

26  insurer that has continuously held a certificate of authority

27  for less than 3 years. The examination must cover the

28  preceding fiscal year or the period since the last examination

29  of the insurer. The department may limit the scope of the

30  examination if the insurer has demonstrated sufficient

31  compliance as determined under subparagraph 3.

                                  3

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         b.  The department may not accept an independent

 2  certified public accountant's audit report in lieu of an

 3  examination required by this subparagraph.

 4         c.  An insurer may not be required to pay more than

 5  $25,000 to cover the costs of any one examination under this

 6  subparagraph.

 7         2.  An examination under this section must be conducted

 8  not less frequently than once every 5 years with respect to an

 9  insurer that has continuously held a certificate of authority,

10  without a change in ownership subject to s. 624.4245 or s.

11  628.461, for more than 15 years and has demonstrated

12  sufficient compliance as determined under subparagraph 3. The

13  examination must cover the preceding 5 fiscal years of the

14  insurer or the period since the last examination of the

15  insurer. This subparagraph does not limit the ability of the

16  department to conduct more frequent examinations.

17         3.  The department must, by rule, adopt procedures and

18  criteria for determining if an insurer has demonstrated

19  sufficient compliance with this code and cooperation with the

20  department. The rules must include consideration of such

21  factors as financial strength, timeliness, consumer service,

22  economic and community contributions and support,

23  responsiveness to department requests, and any other relevant

24  factors. The department must annually publish and disseminate

25  a listing of those insurers found to demonstrate sufficient

26  compliance under the rules, including special recognition for

27  community contributions and support.

28         Section 84.  Subsection (4) is added to section

29  624.426, Florida Statutes, to read:

30         624.426  Exceptions to resident agent and

31  countersignature law.--Section 624.425 does not apply to:

                                  4

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (4)  Policies of insurance issued by insurers whose

 2  agents represent only one company or group of companies under

 3  common ownership if a company within one group is transferring

 4  policies to another company within the same group and the

 5  agent of record remains the same.

 6         Section 85.  Subsections (1)-(12) of section 624.610,

 7  Florida Statutes, are renumbered as subsections (2)-(13) of

 8  said section, respectively, new subsection (1) is added to

 9  said section, and renumbered subsection (2) of said section is

10  amended, to read:

11         624.610  Reinsurance.--

12         (1)  The purpose of this section is to protect the

13  interests of insureds, claimants, ceding insurers, assuming

14  insurers, and the public.  It is the intent of the Legislature

15  to ensure adequate regulation of insurers and reinsurers and

16  adequate protection for those to whom they owe obligations.

17  In furtherance of that state interest, the Legislature

18  requires that upon the insolvency of a non-United States

19  insurer or reinsurer which provides security to fund its

20  United States obligations in accordance with this section,

21  such security shall be maintained in the United States and

22  claims shall be filed with and valued by the State Insurance

23  Commissioner with regulatory oversight, and the assets shall

24  be distributed in accordance with the insurance laws of the

25  state in which the trust is domiciled that are applicable to

26  the liquidation of domestic United States insurance companies.

27  The Legislature declares that the matters contained in this

28  section are fundamental to the business of insurance in

29  accordance with 15 U.S.C. ss. 1011-1012.

30         (3)(2)

31         (b)  Credit in accounting and financial statements on

                                  5

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  account of reinsurance ceded to a nonapproved reinsurer may be

 2  allowed only:

 3         1.  When it is demonstrated by the ceding insurer to

 4  the satisfaction of the department that such reinsurer

 5  maintains the standards and meets the financial requirements

 6  applicable to an authorized insurer;

 7         2.  To the extent of deposits by, or funds withheld

 8  from, such reinsurer pursuant to express provision therefor in

 9  the reinsurance contract as security for the payment of the

10  obligations thereunder if such deposits or funds are held

11  subject to withdrawal by, and under the control of, the ceding

12  insurer or such deposits or funds are placed in trust for such

13  purposes in a bank which is a member of the Federal Reserve

14  System if withdrawals from the trust cannot be made without

15  the consent of the ceding insurer. The funds withheld may be

16  cash or securities which are qualified as admitted assets

17  under part II of chapter 625 and which have a market value

18  equal to or greater than the credit taken; or

19         3.  To the extent that the amount of a clean,

20  unconditional, evergreen, and irrevocable letter of credit,

21  issued for a term of not less than 1 year and in conformity

22  with the requirements set forth in this subparagraph, equals

23  or exceeds the liability of an unauthorized or unapproved

24  reinsurer for unearned premiums, outstanding losses, and an

25  adequate reserve for incurred but not reported losses under a

26  specific reinsurance agreement. The requirements are that such

27  a clean and irrevocable letter of credit be issued under

28  arrangements satisfactory to the department as constituting

29  security to the ceding insurer substantially equal to that of

30  a deposit under subparagraph 2. and that the letter be issued

31  by a banking institution which is a member of the Federal

                                  6

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  Reserve System and which has financial standing satisfactory

 2  to the commissioner. The department may adopt rules requiring

 3  that the letter adhere in its wording to a format for letters

 4  of credit as the format has been or may be adopted or approved

 5  by the National Association of Insurance Commissioners.

 6         4.  When the reinsurance is ceded to a reinsurer which

 7  maintains a trust fund, in a bank or trust company that is

 8  subject to supervision by any state of the United States or

 9  that is a member of the Federal Reserve System, for the

10  payment of the valid claims for business written in the United

11  States. The trust shall consist of a trusteed account in an

12  amount not less than the reinsurer's liabilities attributable

13  to reinsurance by ceding insurers for business written in the

14  United States and, in addition, the reinsurer shall maintain a

15  trusteed surplus of not less than $20 million.  Such trust

16  shall be established in a form approved, and any amendments to

17  the trust approved, by the insurance commissioner where the

18  trust is domiciled, or the insurance commissioner of another

19  state who, pursuant to the terms of the trust agreement, has

20  accepted principal regulatory oversight of the trust.  The

21  trust shall remain in effect for as long as the reinsurer has

22  outstanding obligations due under the reinsurance agreements

23  subject to the trust.  The trust assets must be in cash or

24  securities which are qualified as admitted assets under part

25  II of chapter 625 and which have a market value of the

26  required liabilities and trusteed surplus. The reinsurer shall

27  report quarterly to the insurance commissioner information

28  substantially the same as that required to be reported on the

29  National Association of Insurance Commissioners Annual

30  Statement form by licensed insurers to enable the insurance

31  commissioner to determine the sufficiency of the trust fund.

                                  7

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  The trust and the reinsurer shall be subject to examination as

 2  determined by the commissioner.

 3         5.  The credit permitted by subparagraph (a)4. and the

 4  credit permitted by subparagraph (b)2. shall not be allowed

 5  unless the assuming insurer in substance agrees in the trust

 6  agreement to the following conditions:

 7         a.  Notwithstanding any other provisions in the trust

 8  instrument, if the trust fund is inadequate because it

 9  contains an amount less than the amount required by the

10  department or, if the grantor of the trust has been declared

11  insolvent or placed into receivership, rehabilitation,

12  liquidation, or similar proceedings under the laws of its

13  state or country of domicile, the trustee shall comply with an

14  order of the commissioner superintendent with regulatory

15  oversight over the trust or with an order of a court of

16  competent jurisdiction directing the trustee to transfer to

17  the commissioner superintendent with regulatory oversight all

18  of the assets of United States trust beneficiaries.

19         b.  The assets shall be distributed by, and claims of

20  United States trust beneficiaries shall be filed with and

21  valued by, the commissioner superintendent with regulatory

22  oversight in accordance with the laws of the state in which

23  the trust is domiciled that are applicable to the liquidation

24  of domestic insurance companies.

25         c.  If the commissioner superintendent with regulatory

26  oversight determines that the assets of the trust fund or any

27  part thereof are not necessary to satisfy the claims for

28  business written in the United States, the assets or any part

29  thereof shall be returned by the commissioner superintendent

30  with regulatory oversight to the trustee for distribution in

31  accordance with the trust agreement.

                                  8

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         d.  The grantor shall waive any right otherwise

 2  available to it under United States law that is inconsistent

 3  with this provision.

 4         (c)  For the purposes of this subsection only, the term

 5  "ceding insurer" shall include any health maintenance

 6  organization operating under a certificate of authority issued

 7  under part I of chapter 641.

 8         Section 86.  Paragraph (a) of subsection (2) of section

 9  627.7275, Florida Statutes, is amended to read:

10         627.7275  Motor vehicle property damage liability.--

11         (2)(a)  Insurers writing motor vehicle insurance in

12  this state shall make available, subject to the insurers'

13  usual underwriting restrictions, coverage under policies as

14  described in subsection (1) of this section to any applicant

15  for private passenger motor vehicle insurance coverage who is

16  seeking the coverage in order to reinstate the applicant's

17  driving privileges in this state when the driving privileges

18  were revoked or suspended pursuant to s. 316.646 or s. 627.733

19  due to the failure of the applicant to maintain required

20  security.  The policy shall be issued for a period of at least

21  6 months and as to the minimum coverages required under this

22  section shall not be cancelable by the insured for any reason

23  or by the insurer after a period not to exceed 30 days during

24  which the insurer must complete underwriting of the policy.

25  After the insurer has completed underwriting the policy within

26  the 30-day period, the insurer shall notify the Department of

27  Highway Safety and Motor Vehicles that the policy is in full

28  force and effect and the policy shall not be cancelable for

29  the remainder of the policy period.  A premium shall be

30  collected and coverage shall be in effect for the 30-day

31  period during which the insurer is completing the underwriting

                                  9

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  of the policy whether or not the person's driver license,

 2  motor vehicle tag, and motor vehicle registration are in

 3  effect.  Once the noncancelable provisions of the policy

 4  become effective, the coverage or risk shall not be changed

 5  during the policy period and the premium shall be

 6  nonrefundable fully earned.  If, during the pendency of the

 7  2-year proof of insurance period required under s. 627.733(7),

 8  the insured obtains additional coverage or coverage for an

 9  additional risk or changes territories, the insured then she

10  or he must obtain a new 6-month noncancelable policy in

11  accordance with the provisions of this section. However, if

12  the insured must obtain a new 6-month policy and obtains the

13  policy from the same insurer, the policyholder shall receive

14  credit on the new policy for any premium paid on the

15  previously issued policy.

16         Section 87.  Subsections (1) and (2) of section

17  627.9126, Florida Statutes, are amended to read:

18         627.9126  Annual reports of information by liability

19  insurers required.--

20         (1)  Each insurer transacting commercial multiperil,

21  products liability, commercial automobile liability, private

22  passenger automobile liability, or other line of liability

23  insurance shall maintain information as specified in this

24  section. Such information shall be maintained for each line of

25  insurance and for direct Florida business only. The department

26  may shall annually conduct a sampling of claims or actions for

27  damages for personal injury or property damage claimed to have

28  been caused by error, omission, or negligence of insureds if

29  the claim resulted in:

30         (a)  A final judgment in any amount.

31         (b)  A settlement in any amount.

                                  10

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (c)  A final disposition not resulting in payment on

 2  behalf of the insured.

 3         (2)  Upon request of the department, an insurer shall,

 4  within 60 days, submit to the department a report that which

 5  contains:

 6         (a)  A final judgment in any amount.

 7         (b)  A settlement in any amount.

 8         (c)  A final disposition not resulting in payment on

 9  behalf of the insured.

10         Section 88.  Section 627.913, Florida Statutes, is

11  amended to read:

12         627.913  Reports of information by products liability

13  insurers required.--

14         (1)  The department may require any insurer authorized

15  to write a policy of products liability insurance in the state

16  to shall transmit the following information, based on its

17  statewide products liability insurance writings. Upon the

18  request of, to the department, an each year in the annual

19  report of such insurer shall, within 60 days, submit to the

20  department a report that contains:

21         (1)(a)  Premiums written;

22         (2)(b)  Premiums earned;

23         (3)(c)  Unearned premiums;

24         (4)(d)  The dollar amount of claims paid;

25         (5)(e)  Incurred claims, not including claims incurred

26  but not reported;

27         (6)(f)  Claims closed without payment, and the amount

28  reserved for such claims;

29         (7)(g)  Loss reserves for all claims except claims

30  incurred but not reported;

31         (8)(h)  Reserves for claims incurred but not reported;

                                  11

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (9)(i)  Losses paid as a percentage of the amount

 2  reserved for such losses;

 3         (10)(j)  Net investment gain or loss and other income

 4  gain or loss allocated to products liability lines according

 5  to the allocation formula used in the annual insurance expense

 6  exhibit;

 7         (11)(k)  Underwriting income or loss;

 8         (12)(l)  Actual expenses in detail, including, but not

 9  limited to, loss adjustment expense; commissions; general

10  expense; and advertising, home office, and defense costs;

11         (13)(m)  Claims settled after a suit was filed;

12         (14)(n)  Claims paid based on a judgment; and

13         (15)(o)  Judgments appealed by the insurer, together

14  with the total results of such appeals.

15         (2)  The department shall provide a summary of

16  information provided pursuant to subsection (1) in its annual

17  report.

18         (3)  In the first year that an insurer makes a report

19  pursuant to subsection (1), the insurer shall provide only the

20  information required by paragraphs (a) through (l) of

21  subsection (1) and shall provide such information for the

22  current year and the 3 previous years.

23         Section 89.  Section 624.22, Florida Statutes, is

24  repealed.

25

26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 6, line 10

30

31  after the semicolon, insert:

                                  12

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                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1372, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         amending s. 215.555, F.S.; revising the method

 2         of reimbursement to insurers under the Florida

 3         Hurricane Catastrophe Fund; amending s.

 4         624.316, F.S.; deleting certain rulemaking

 5         authority of the Department of Insurance

 6         relating to insurer compliance; amending s.

 7         624.426, F.S.; providing that certain

 8         transferred policies are exempt from the

 9         resident agent and countersignature law;

10         amending s. 624.610, F.S.; specifying purposes

11         of regulation of reinsurance; correcting cross

12         references; amending s. 627.7275, F.S.;

13         modifying coverage requirements and premiums

14         relating to motor vehicle property damage

15         liability; amending s. 627.9126, F.S.;

16         authorizing the Department of Insurance to

17         sample claims or actions for damages; amending

18         s. 627.913, F.S.; revising requirements for

19         annual reports by products liability insurers;

20         repealing s. 624.22, F.S., relating to purposes

21         of regulation of reinsurance;

22

23

24

25

26

27

28

29

30

31

                                  13

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