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

House Bill 0893

Florida House of Representatives - 1997 HB 893 By Representative Arnall 1 A bill to be entitled 2 An act relating to insurance; amending s. 3 627.062, F.S.; providing procedures for 4 incorporating certain expenses into residential 5 rate filings; providing additional procedures 6 for residential rate filings based on certain 7 factors; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (5) of section 627.062, Florida 12 Statutes, 1996 Supplement, is amended to read: 13 627.062 Rate standards.-- 14 (5) Notwithstanding subsection (2), the following 15 provisions apply to residential coverage, as defined in s. 16 627.4025: 17 (a) With respect to a rate filing involving coverage 18 of the type for which the insurer is required to pay a 19 reimbursement premium to the Florida Hurricane Catastrophe 20 Fund, the insurer may fully recoup in its property insurance 21 premiums any reimbursement premiums paid to the Florida 22 Hurricane Catastrophe Fund, together with reasonable costs of 23 other reinsurance, but may not recoup reinsurance costs that 24 duplicate reasonably anticipated recoveries from coverage 25 provided by the Florida Hurricane Catastrophe Fund. 26 Reasonably anticipated recoveries may not exceed an amount 27 determined by the following formula: the amount of the 28 insurer's annual premium payment to the fund, divided by the 29 total amount of all insurers' annual premium payments to the 30 fund, multiplied by the sum of the liquid assets of the fund 31 and 75 percent of the reasonable expected bonding capacity of 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 893 54-327-97 1 the fund. The department has the burden of proving by a 2 preponderance of the evidence in any proceeding in which the 3 department alleges that any part of the rate is excessive 4 because the rate reflects reinsurance costs which duplicate 5 reasonably anticipated recoveries from the fund. A rate 6 filing made pursuant to this subsection must be made not later 7 than 30 days after the effective date and is exempt from the 8 provisions of subparagraph (2)(a)2. 9 (b) With respect to a rate filing made pursuant to s. 10 627.3512, if the rate filing reflects a rate change 11 attributable entirely to residual markets assessments, the 12 filing shall be for informational purposes only and shall not 13 be subject to disapproval by the department. The filing shall 14 be made no later than 30 days after the effective date. 15 (c) With respect to rate filings based on factors 16 other than as provided in paragraphs (a) and (b): 17 1. A filing which reflects a statewide average change 18 of 9.99 percent or less shall be for informational purposes 19 only and shall not be subject to disapproval by the 20 department. The filing shall be made no later than 30 days 21 after the effective date. However, an insurer may not change 22 rates pursuant to this subparagraph more than once every 6 23 months. 24 2. A filing which reflects a statewide average change 25 of 10 percent or greater but less than 25 percent shall be 26 subject to the provisions of subsection (2), except, in any 27 proceeding relating to the legality of the rate, the 28 department has the burden of proving by a preponderance of 29 evidence that the rate is excessive or unfairly 30 discriminatory. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 893 54-327-97 1 3. A filing which reflects a statewide average change 2 of 25 percent or greater shall be subject to all of the 3 provisions of subsection (2). 4 Section 2. This act shall take effect upon becoming a 5 law. 6 7 ***************************************** 8 HOUSE SUMMARY 9 Provides procedures for incorporating expenses incurred 10 by insurers due to catastrophe fund premium payments and residual market deficit assessments into residential 11 insurance rate filings. Provides procedures for residential insurance rate filings for other factors 12 based on the amount of proposed statewide average change. See bill for details. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3