Senate Bill 2522e2

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    CS for SB 2522                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         624.610, F.S.; setting the conditions for the

  4         allowance of credit for reinsurance; providing

  5         definitions; providing for grounds for denial

  6         or revocation of an assuming insurer's

  7         accreditation; providing criteria for the

  8         disallowance of credit for reinsurance for a

  9         ceding insurer; providing for the payment of

10         costs and expenses; providing conditions for

11         the allowance or disallowance of credit for

12         reinsurance for assuming insurers maintaining

13         trust funds in qualified United States

14         financial institutions; providing intent that

15         there is no conflict with arbitration

16         agreements; providing for security; providing

17         for the inclusion of certain health maintenance

18         organizations within the term "ceding insurer";

19         providing conditions for the disallowance of

20         credit with respect to a ceding domestic

21         insurer; providing conditions for credit for

22         reinsurance in cases of insolvency; providing

23         for rights against a reinsurer; providing

24         prohibitions applying to authorized insurers,

25         other than certain surplus lines insurance;

26         providing procedures and information required

27         for a summary statement of each treaty;

28         providing for exemptions from requirement of

29         summary statements; providing for waiver;

30         providing for cancellation; providing that

31         there is no credit when there is no transfer of


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    CS for SB 2522                                Second Engrossed



  1         risk; granting authority to the Department of

  2         Insurance for rulemaking; providing an

  3         effective date for the application of cessions;

  4         amending ss. 626.923, 626.930, 626.931,

  5         626.932, 626.933, 626.935, 626.936, and

  6         626.9361, F.S.; revising the requirements for

  7         surplus lines insurance to provide the same

  8         authority to the Florida Surplus Lines Service

  9         Office that is currently provided to the

10         Department of Insurance; amending s. 627.4035,

11         F.S.; providing for payment of insurance claims

12         by debit card or other form of electronic funds

13         transfer; amending s. 628.903, F.S.; revising

14         the definition of "insured" and "industrial

15         insured captive insurer"; amending s. 626.022,

16         F.S.; providing an exception from certain

17         insurance licensing requirements for certified

18         public accountants acting within the scope of

19         their profession; amending s. 627.171, F.S.;

20         allowing insurers to increase the number of

21         policies the rates of which are subject to the

22         consent of the insured; providing an effective

23         date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 624.610, Florida Statutes, 1998

28  Supplement, is amended to read:

29         (Substantial rewording of section. See

30         s. 624.610, F.S., for present text.)

31         624.610  Reinsurance.--


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    CS for SB 2522                                Second Engrossed



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

  2  interests of insureds, claimants, ceding insurers, assuming

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

  4  to ensure adequate regulation of insurers and reinsurers and

  5  adequate protection for those to whom they owe obligations.

  6  In furtherance of that state interest, the Legislature

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

  8  insurer or reinsurer which provides security to fund its

  9  United States obligations in accordance with this section,

10  such security shall be maintained in the United States and

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

12  Commissioner with regulatory oversight, and the assets shall

13  be distributed in accordance with the insurance laws of the

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

15  the liquidation of domestic United States insurance companies.

16  The Legislature declares that the matters contained in this

17  section are fundamental to the business of insurance in

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

19         (2)  Credit for reinsurance must be allowed a ceding

20  insurer as either an asset or a deduction from liability on

21  account of reinsurance ceded only when the reinsurer meets the

22  requirements of paragraph (3)(a), paragraph (3)(b), or

23  paragraph (3)(c). Credit must be allowed under paragraph

24  (3)(a) or paragraph (3)(b) only for cessions of those kinds or

25  lines of business that the assuming insurer is licensed,

26  authorized, or otherwise permitted to write or assume in its

27  state of domicile or, in the case of a United States branch of

28  an alien assuming insurer, in the state through which it is

29  entered and licensed or authorized to transact insurance or

30  reinsurance.

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    CS for SB 2522                                Second Engrossed



  1         (3)(a)  Credit must be allowed when the reinsurance is

  2  ceded to an assuming insurer that is authorized to transact

  3  insurance or reinsurance in this state.

  4         (b)1.  Credit must be allowed when the reinsurance is

  5  ceded to an assuming insurer that is accredited as a reinsurer

  6  in this state. An accredited reinsurer is one that:

  7         a.  Files with the department evidence of its

  8  submission to this state's jurisdiction;

  9         b.  Submits to this state's authority to examine its

10  books and records;

11         c.  Is licensed or authorized to transact insurance or

12  reinsurance in at least one state, or in the case of a United

13  States branch of an alien assuming insurer, is entered

14  through, licensed, or authorized to transact insurance or

15  reinsurance in at least one state;

16         d.  Files annually with the department a copy of its

17  annual statement filed with the insurance department of its

18  state of domicile any quarterly statements if required by its

19  state of domicile or such quarterly statements if specifically

20  requested by the department, and a copy of its most recent

21  audited financial statement; and

22         (I)  Maintains a surplus as regards policyholders in an

23  amount not less than $20,000,000 and whose accreditation has

24  not been denied by the department within 90 days of its

25  submission; or

26         (II)  Maintains a surplus as regards policyholders in

27  an amount not less than $20,000,000 and whose accreditation

28  has been approved by the department.

29         2.  The department may deny or revoke an assuming

30  insurer's accreditation if the assuming insurer does not

31  submit the required documentation pursuant to subparagraph


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    CS for SB 2522                                Second Engrossed



  1  (b)1., if the assuming insurer fails to meet all of the

  2  standards required of an accredited reinsurer, or if the

  3  assuming insurer's accreditation would be hazardous to the

  4  policyholders of this state. In determining whether to deny or

  5  revoke accreditation, the department may consider the

  6  qualifications of the assuming insurer with respect to all the

  7  following subjects:

  8         a.  Its financial stability;

  9         b.  The lawfulness and quality of its investments;

10         c.  The competency, character, and integrity of its

11  management;

12         d.  The competency, character, and integrity of persons

13  who own or have a controlling interest in the assuming

14  insurer; and

15         e.  Whether claims under its contracts are promptly and

16  fairly adjusted and are promptly and fairly paid in accordance

17  with the law and the terms of the contracts.

18         3.  Credit must not be allowed a ceding insurer if the

19  assuming insurer's accreditation has been revoked by the

20  department after notice and the opportunity for a hearing.

21         4.  The actual costs and expenses incurred by the

22  department to review a reinsurer's request for accreditation

23  and subsequent reviews must be charged to and collected from

24  the requesting reinsurer. If the reinsurer fails to pay the

25  actual costs and expenses promptly when due, the department

26  may refuse to accredit the reinsurer or may revoke the

27  reinsurer's accreditation.

28         (c)1.  Credit must be allowed when the reinsurance is

29  ceded to an assuming insurer that maintains a trust fund in a

30  qualified United States financial institution, as defined in

31  paragraph (5)(b), for the payment of the valid claims of its


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    CS for SB 2522                                Second Engrossed



  1  United States ceding insurers and their assigns and successors

  2  in interest. To enable the department to determine the

  3  sufficiency of the trust fund, the assuming insurer shall

  4  report annually to the department information substantially

  5  the same as that required to be reported on the NAIC Annual

  6  Statement form by authorized insurers. The assuming insurer

  7  shall submit to examination of its books and records by the

  8  department and bear the expense of examination.

  9         2.a.  Credit for reinsurance must not be granted under

10  this subsection unless the form of the trust and any

11  amendments to the trust have been approved by:

12         (I)  The commissioner of the state where the trust is

13  domiciled; or

14         (II)  The commissioner of another state who, pursuant

15  to the terms of the trust instrument, has accepted principal

16  regulatory oversight of the trust.

17         b.  The form of the trust and any trust amendments must

18  be filed with the commissioner of every state in which the

19  ceding insurer beneficiaries of the trust are domiciled. The

20  trust instrument must provide that contested claims are valid

21  and enforceable upon the final order of any court of competent

22  jurisdiction in the United States. The trust must vest legal

23  title to its assets in its trustees for the benefit of the

24  assuming insurer's United States ceding insurers and their

25  assigns and successors in interest. The trust and the assuming

26  insurer are subject to examination as determined by the

27  commissioner.

28         c.  The trust remains in effect for as long as the

29  assuming insurer has outstanding obligations due under the

30  reinsurance agreements subject to the trust. No later than

31  February 28 of each year, the trustee of the trust shall


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    CS for SB 2522                                Second Engrossed



  1  report to the commissioner in writing the balance of the trust

  2  and list the trust's investments at the preceding year-end,

  3  and shall certify that the trust will not expire prior to the

  4  following December 31.

  5         3.  The following requirements apply to the following

  6  categories of assuming insurer:

  7         a.  The trust fund for a single assuming insurer

  8  consists of funds in trust in an amount not less than the

  9  assuming insurer's liabilities attributable to reinsurance

10  ceded by United States ceding insurers, and, in addition, the

11  assuming insurer shall maintain a trusteed surplus of not less

12  than $20 million. The funds in the trust and trusteed surplus

13  consist of assets of a quality substantially similar to that

14  required in part II of chapter 625.

15         b.(I)  In the case of a group including incorporated

16  and individual unincorporated underwriters:

17         (A)  For reinsurance ceded under reinsurance agreements

18  with an inception, amendment, or renewal date on or after

19  August 1, 1995, the trust consists of a trusteed account in an

20  amount not less than the group's several liabilities

21  attributable to business ceded by United States domiciled

22  ceding insurers to any member of the group;

23         (B)  For reinsurance ceded under reinsurance agreements

24  with an inception date on or before July 31, 1995, and not

25  amended or renewed after that date, notwithstanding the other

26  provisions of this section, the trust consists of a trusteed

27  account in an amount not less than the group's several

28  insurance and reinsurance liabilities attributable to business

29  written in the United States; and

30         (C)  In addition to these trusts, the group shall

31  maintain in trust a trusteed surplus of which $100 million


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    CS for SB 2522                                Second Engrossed



  1  must be held jointly for the benefit of the United States

  2  domiciled ceding insurers of any member of the group for all

  3  years of account.

  4         (II)  The incorporated members of the group must not be

  5  engaged in any business other than underwriting of a member of

  6  the group, and are subject to the same level of regulation and

  7  solvency control by the group's domiciliary regulator as the

  8  unincorporated members.

  9         (III)  Within 90 days after its financial statements

10  are due to be filed with the group's domiciliary regulator,

11  the group shall provide to the commissioner an annual

12  certification by the group's domiciliary regulator of the

13  solvency of each underwriter member; or if a certification is

14  unavailable, financial statements, prepared by independent

15  public accountants, of each underwriter member of the group.

16         (d)  Credit must be allowed when the reinsurance is

17  ceded to an assuming insurer not meeting the requirements of

18  paragraph (a), paragraph (b), or paragraph (c), but only as to

19  the insurance of risks located in jurisdictions where the

20  reinsurance is required to be purchased by a particular entity

21  by applicable law or regulation of that jurisdiction.

22         (e)  If the assuming insurer is not authorized or

23  accredited to transact insurance or reinsurance in this state

24  pursuant to paragraph (a) or paragraph (b), the credit

25  permitted by paragraph (c) must not be allowed unless the

26  assuming insurer agrees in the reinsurance agreements:

27         1.a.  That in the event of the failure of the assuming

28  insurer to perform its obligations under the terms of the

29  reinsurance agreement, the assuming insurer, at the request of

30  the ceding insurer, shall submit to the jurisdiction of any

31  court of competent jurisdiction in any state of the United


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    CS for SB 2522                                Second Engrossed



  1  States, will comply with all requirements necessary to give

  2  the court jurisdiction, and will abide by the final decision

  3  of the court or of any appellate court in the event of an

  4  appeal; and

  5         b.  To designate the commissioner, pursuant to s.

  6  48.151, or a designated attorney as its true and lawful

  7  attorney upon whom may be served any lawful process in any

  8  action, suit, or proceeding instituted by or on behalf of the

  9  ceding company.

10         2.  This paragraph is not intended to conflict with or

11  override the obligation of the parties to a reinsurance

12  agreement to arbitrate their disputes, if this obligation is

13  created in the agreement.

14         (f)  If the assuming insurer does not meet the

15  requirements of paragraph (a) or paragraph (b), the credit

16  permitted by paragraph (c) is not allowed unless the assuming

17  insurer agrees in the trust agreements, in substance, to the

18  following conditions:

19         1.  Notwithstanding any other provisions in the trust

20  instrument, if the trust fund is inadequate because it

21  contains an amount less than the amount required by paragraph

22  (c), or if the grantor of the trust has been declared

23  insolvent or placed into receivership, rehabilitation,

24  liquidation, or similar proceedings under the laws of its

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

26  order of the commissioner with regulatory oversight over the

27  trust or with an order of a United States court of competent

28  jurisdiction directing the trustee to transfer to the

29  commissioner with regulatory oversight all of the assets of

30  the trust fund.

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    CS for SB 2522                                Second Engrossed



  1         2.  The assets must be distributed by and claims must

  2  be filed with and valued by the commissioner with regulatory

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

  4  the trust is domiciled which are applicable to the liquidation

  5  of domestic insurance companies.

  6         3.  If the commissioner with regulatory oversight

  7  determines that the assets of the trust fund or any part

  8  thereof are not necessary to satisfy the claims of the United

  9  States ceding insurers of the grantor of the trust, the assets

10  or part thereof must be returned by the commissioner with

11  regulatory oversight to the trustee for distribution in

12  accordance with the trust agreement.

13         4.  The grantor shall waive any right otherwise

14  available to it under United States law that is inconsistent

15  with this provision.

16         (4)  An asset allowed or a deduction from liability

17  taken for the reinsurance ceded by an insurer to an assuming

18  insurer not meeting the requirements of subsections (2) and

19  (3) is allowed in an amount not exceeding the liabilities

20  carried by the ceding insurer. The deduction must be in the

21  amount of funds held by or on behalf of the ceding insurer,

22  including funds held in trust for the ceding insurer, under a

23  reinsurance contract with the assuming insurer as security for

24  the payment of obligations thereunder, if the security is held

25  in the United States subject to withdrawal solely by, and

26  under the exclusive control of, the ceding insurer, or, in the

27  case of a trust, held in a qualified United States financial

28  institution, as defined in paragraph (5)(b). This security may

29  be in the form of:

30         (a)  Cash in United States dollars;

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    CS for SB 2522                                Second Engrossed



  1         (b)  Securities listed by the Securities Valuation

  2  Office of the National Association of Insurance Commissioners

  3  and qualifying as admitted assets pursuant to part II of

  4  chapter 625;

  5         (c)  Clean, irrevocable, unconditional letters of

  6  credit, issued or confirmed by a qualified United States

  7  financial institution, as defined in paragraph (5)(a),

  8  effective no later than December 31 of the year for which the

  9  filing is made, and in the possession of, or in trust for, the

10  ceding company on or before the filing date of its annual

11  statement; or

12         (d)  Any other form of security acceptable to the

13  department.

14         (5)(a)  For purposes of paragraph (4)(c) regarding

15  letters of credit, a "qualified United States institution"

16  means an institution that:

17         1.  Is organized, or in the case of a United States

18  office of a foreign banking organization, is licensed under

19  the laws of the United States or any state thereof;

20         2.  Is regulated, supervised, and examined by United

21  States or state authorities having regulatory authority over

22  banks and trust companies; and

23         3.  Has been determined by either the department or the

24  Securities Valuation Office of the National Association of

25  Insurance Commissioners to meet such standards of financial

26  condition and standing as are considered necessary and

27  appropriate to regulate the quality of financial institutions

28  whose letters of credit will be acceptable to the department.

29         (b)  For purposes of those provisions of this law which

30  specify institutions that are eligible to act as a fiduciary

31  of a trust, a "qualified United States financial institution"


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    CS for SB 2522                                Second Engrossed



  1  means an institution that is a member of the Federal Reserve

  2  System or that has been determined by the department to meet

  3  the following criteria:

  4         1.  Is organized, or, in the case of a United States

  5  branch or agency office of a foreign banking organization, is

  6  licensed, under the laws of the United States or any state

  7  thereof and has been granted authority to operate with

  8  fiduciary powers; and

  9         2.  Is regulated, supervised, and examined by federal

10  or state authorities having regulatory authority over banks

11  and trust companies.

12         (6)  For the purposes of this section only, the term

13  "ceding insurer" includes any health maintenance organization

14  operating under a certificate of authority issued under part I

15  of chapter 641.

16         (7)  After notice and an opportunity for a hearing, the

17  department may disallow any credit that it finds would be

18  contrary to the proper interests of the policyholders or

19  stockholders of a ceding domestic insurer.

20         (8)  Credit must be allowed to any ceding insurer for

21  reinsurance otherwise complying with this section only when

22  the reinsurance is payable by the assuming insurer on the

23  basis of the liability of the ceding insurer under the

24  contract or contracts reinsured without diminution because of

25  the insolvency of the ceding insurer. Such credit must be

26  allowed to the ceding insurer for reinsurance otherwise

27  complying with this section only when the reinsurance

28  agreement provides that payments by the assuming insurer will

29  be made directly to the ceding insurer or its receiver, except

30  when:

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    CS for SB 2522                                Second Engrossed



  1         (a)  The reinsurance contract specifically provides

  2  payment to the named insured, assignee, or named beneficiary

  3  of the policy issued by the ceding insurer in the event of the

  4  insolvency of the ceding insurer; or

  5         (b)  The assuming insurer, with the consent of the

  6  named insured, has assumed the policy obligations of the

  7  ceding insurer as direct obligations of the assuming insurer

  8  in substitution for the obligations of the ceding insurer to

  9  the named insured.

10         (9)  No person, other than the ceding insurer, has any

11  rights against the reinsurer which are not specifically set

12  forth in the contract of reinsurance or in a specific written,

13  signed agreement between the reinsurer and the person.

14         (10)  An authorized insurer may not knowingly accept as

15  assuming reinsurer any risk covering subject of insurance

16  which is resident, located, or to be performed in this state

17  and which is written directly by any insurer not then

18  authorized to transact such insurance in this state, other

19  than as to surplus lines insurance lawfully written under part

20  VIII of chapter 626.

21         (11)(a)  Any domestic or commercially domiciled insurer

22  ceding directly written risks of loss under this section shall

23  within 30 days of receipt of a cover note or similar

24  confirmation of coverage, or, without exception, no later than

25  6 months after the effective date of the reinsurance treaty,

26  file with the department one copy of a summary statement

27  containing the following information about each treaty:

28         1.  The contract period;

29         2.  The nature of the reinsured's business;

30

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    CS for SB 2522                                Second Engrossed



  1         3.  An indication as to whether the treaty is

  2  proportional, nonproportional, coinsurance, modified

  3  coinsurance, or indemnity, as applicable;

  4         4.  The ceding company's loss retention per risk;

  5         5.  The reinsured limits;

  6         6.  Any special contract restrictions;

  7         7.  A schedule of reinsurers assuming the risks of

  8  loss;

  9         8.  An indication as to whether payments to the

10  assuming insurer are based on written premiums or earned

11  premiums;

12         9.  Identification of any intermediary or broker used

13  in obtaining the reinsurance and the commission paid them if

14  known; and

15         10.  Ceding commissions and allowances.

16         (b)  The summary statement must be signed and attested

17  to by either the chief executive officer or the chief

18  financial officer of the reporting insurer. In addition to the

19  summary statement, the Insurance Commissioner may require the

20  filing of any supporting information relating to the ceding of

21  such risks as she or he deems necessary. If the summary

22  statement prepared by the ceding insurer discloses that the

23  net effect of a reinsurance treaty or treaties (or series of

24  treaties with one or more affiliated reinsurers entered into

25  for the purpose of avoiding the following threshold amount) at

26  any time results in an increase of more than 25 percent to the

27  insurer's surplus as to policyholders, then the insurer shall

28  certify in writing to the department that the relevant

29  reinsurance treaty or treaties complies with the accounting

30  requirements contained in any rule adopted by the department

31  under subsection (10) or subsection (12). If such certificate


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    CS for SB 2522                                Second Engrossed



  1  is filed after the summary statement of such reinsurance

  2  treaty or treaties, the insurer shall refile the summary

  3  statement with the certificate. In any event, the certificate

  4  must state that a copy of the certificate was sent to the

  5  reinsurer under the reinsurance treaty.

  6         (c)  This subsection applies to cessions of directly

  7  written risk or loss. This subsection does not apply to

  8  contracts of facultative reinsurance or to any ceding insurer

  9  with surplus as to policyholders that exceeds $100 million as

10  of the immediately preceding December 31. Additionally, any

11  ceding insurer otherwise subject to this section with less

12  than $500,000 in direct premiums written in this state during

13  the preceding calendar year or with less than 1,000

14  policyholders at the end of the preceding calendar year is

15  exempt from the requirements of this subsection. However, any

16  ceding insurer otherwise subject to this section with more

17  than $250,000 in direct premiums written in this state during

18  the preceding calendar quarter is not exempt from the

19  requirements of this subsection.

20         (d)  An authorized insurer not otherwise exempt from

21  the provisions of this subsection shall provide the

22  information required by this subsection with underlying and

23  supporting documentation upon written request of the

24  department.

25         (e)  The department may, upon a showing of good cause,

26  waive the requirements of this subsection.

27         (12)  If the department finds that a reinsurance

28  agreement creates a substantial risk of insolvency to either

29  insurer entering into the reinsurance agreement, the

30  department may by order require a cancellation of the

31  reinsurance agreement.


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    CS for SB 2522                                Second Engrossed



  1         (13)  No credit shall be allowed for reinsurance with

  2  regard to which the reinsurance agreement does not create a

  3  meaningful transfer of risk of loss to the reinsurer.

  4         (14)  The department may adopt rules and regulations

  5  implementing the provisions of this section. Rules are

  6  authorized to protect the interests of insureds, claimants,

  7  ceding insurers, assuming insurers and the public. These rules

  8  shall be in substantial compliance with:

  9         (a)  The National Association of Insurance

10  Commissioners model regulations relating to credit for

11  reinsurance;

12         (b)  The 1998 National Association of Insurance

13  Commissioners Accounting Practices and Procedures Manual for

14  Property and Casualty Insurers;

15         (c)  The 1998 National Association of Insurance

16  Commissioners Accounting Practices and Procedures Manual for

17  Life and Health Insurers; and

18         (d)  The National Association of Insurance

19  Commissioners model regulation for Credit for Reinsurance and

20  Life and Health Reinsurance Agreements.

21

22  The department may further adopt rules to provide for

23  transition from existing requirements for the approval of

24  reinsurers to the accreditation of reinsurers pursuant to this

25  section.

26         (15)  Any reinsurer approved pursuant to subparagraph

27  (3)(a)2. as of December 31, 1999, which fails to obtain

28  accreditation pursuant to this section prior to December 30,

29  2002, shall have its approval terminated by operation of law

30  on that date.

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    CS for SB 2522                                Second Engrossed



  1         (16)  This act shall apply to all cessions on or after

  2  January 1, 2000, under reinsurance agreements that have an

  3  inception, anniversary, or renewal date on or after January 1,

  4  2000.

  5         Section 2.  Section 626.923, Florida Statutes, is

  6  amended to read:

  7         626.923  Filing copy of policy or certificate.--A

  8  surplus lines agent shall, within 30 days after the date of a

  9  request by the department or the Florida Surplus Lines Service

10  Office, furnish the department an exact copy of any and all

11  requested policies, including applications, certificates,

12  cover notes, or other forms of confirmation of insurance

13  coverage or any substitutions thereof or endorsements thereto.

14  The department or the Florida Surplus Lines Service Office may

15  also request and the agent shall furnish, within 30 days after

16  the date of the request, the agent's memorandum as to the

17  substance of any change represented by a substitute

18  certificate, cover note, other form of confirmation of

19  insurance coverage, or endorsement as compared with the

20  coverage as originally placed or issued.

21         Section 3.  Section 626.930, Florida Statutes, is

22  amended to read:

23         626.930  Records of surplus lines agent.--

24         (1)  Each surplus lines agent shall keep in his or her

25  office in this state a full and true record for a period of 5

26  years of each surplus lines contract, including applications

27  and all certificates, cover notes, and other forms of

28  confirmation of insurance coverage and any substitutions

29  thereof or endorsements thereto relative to said contract

30  procured by the agent and showing such of the following items

31  as may be applicable:


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    CS for SB 2522                                Second Engrossed



  1         (a)  Amount of the insurance and perils insured

  2  against;

  3         (b)  Brief general description of property insured and

  4  where located;

  5         (c)  Gross premium charged;

  6         (d)  Return premium paid, if any;

  7         (e)  Rate of premium charged upon the several items of

  8  property;

  9         (f)  Effective date of the contract, and the terms

10  thereof;

11         (g)  Name and post office address of the insured;

12         (h)  Name and home-office address of the insurer;

13         (i)  Amount collected from the insured; and

14         (j)  Other information as may be required by the

15  department.

16         (2)  The record shall at all times be open to

17  examination by the department or the Florida Surplus Lines

18  Service Office without notice and shall be so kept available

19  and open to the department for 5 years next following

20  expiration or cancellation of the contract.

21         (3)  Each surplus lines agent shall maintain all

22  surplus lines business records in his or her general lines

23  agency office, if licensed as a general lines agent, or in his

24  or her managing general agency office, if licensed as a

25  managing general agent or the full-time salaried employee of

26  such general agent.

27         Section 4.  Section 626.931, Florida Statutes, is

28  amended to read:

29         626.931  Quarterly report.--

30         (1)  Each surplus lines agent shall on or before the

31  end of the month next following each calendar quarter file


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    CS for SB 2522                                Second Engrossed



  1  with the Florida Surplus Lines Service Office an affidavit, on

  2  forms as prescribed and furnished by the Florida Surplus Lines

  3  Service Office, stating that a verified report of all surplus

  4  lines insurance transacted by him or her during such calendar

  5  quarter has been submitted to the Florida Surplus Lines

  6  Service Office as required.

  7         (2)  The reports and supporting information shall be in

  8  a computer-readable format as determined by the Florida

  9  Surplus Lines Service Office department or shall be submitted

10  on forms prescribed by the department and shall show:

11         (a)  Aggregate gross premiums charged;

12         (b)  Aggregate of returned premiums and taxes paid to

13  insureds;

14         (c)  Aggregate of net premiums;

15         (d)  A listing of all policies, certificates, cover

16  notes, or other forms of confirmation of insurance coverage or

17  any substitutions thereof or endorsements thereto; and

18         (e)  Additional information as required by the

19  department or Florida Surplus Lines Service Office.

20         (3)  The report shall include the affidavit of the

21  surplus lines agent, on forms as prescribed and furnished by

22  the Florida Surplus Lines Service Office department, as to

23  efforts made to place coverages with authorized insurers and

24  the results thereof.

25         (4)  Each foreign insurer accepting premiums which are

26  subject to taxes and which are described in this section

27  shall, on or before the end of the month following each

28  calendar quarter, file with the Florida Surplus Lines Service

29  Office a verified report of all surplus lines insurance

30  transacted by such insurer for insurance risks located in this

31  state during such calendar quarter.


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    CS for SB 2522                                Second Engrossed



  1         (5)  Each alien insurer accepting premiums which are

  2  subject to taxes and which are described in this section

  3  shall, on or before June 30 of each year, file with the

  4  Florida Surplus Lines Service Office a verified report of all

  5  surplus lines insurance transacted by such insurer for

  6  insurance risks located in this state during the preceding

  7  calendar year, provided the first such report shall be with

  8  respect to calendar year 1999 1994.

  9         (6)  The Insurance Commissioner shall have the

10  authority to waive the filing requirements described in

11  subsections (4) and (5).

12         (7)  Each insurer's report and supporting information

13  shall be in a computer-readable format as determined by the

14  Florida Surplus Lines Service Office department or shall be

15  submitted on forms prescribed by the Florida Surplus Lines

16  Service Office department and shall show for each applicable

17  agent:

18         (a)  The aggregate gross Florida premiums charged;

19         (b)  The aggregate of returned Florida premiums;

20         (c)  The aggregate of net Florida premiums;

21         (d)  A listing of all policies, certificates, cover

22  notes, or other forms of confirmation of insurance coverage or

23  any substitutions thereof or endorsements thereto and the

24  identifying number; and

25         (e)  Any additional information required by the

26  department or Florida Surplus Lines Service Office.

27         Section 5.  Section 626.932, Florida Statutes, is

28  amended to read:

29         626.932  Surplus lines tax.--

30         (1)  The premiums charged for surplus lines coverages

31  are subject to a premium receipts tax of 5 percent of all


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    CS for SB 2522                                Second Engrossed



  1  gross premiums charged for such insurance.  The surplus lines

  2  agent shall collect from the insured the amount of the tax at

  3  the time of the delivery of the cover note, certificate of

  4  insurance, policy, or other initial confirmation of insurance,

  5  in addition to the full amount of the gross premium charged by

  6  the insurer for the insurance. The surplus lines agent is

  7  prohibited from absorbing such tax or, as an inducement for

  8  insurance or for any other reason, rebating all or any part of

  9  such tax or of his or her commission.

10         (2)(a)  The surplus lines agent shall make payable pay

11  to the Florida Department of Insurance Florida Surplus Lines

12  Service Office the tax related to each calendar quarter's

13  business as reported to the Florida Surplus Lines Service

14  Office, and remit the tax to the Florida Surplus Lines Service

15  Office at the same time as provided for the filing of the

16  quarterly affidavit report, under s. 626.931. The Florida

17  Surplus Lines Service Office shall forward to the department

18  the taxes and any interest collected pursuant to paragraph

19  (b), within 10 days of receipt, along with a copy of the

20  quarterly reports received.

21         (b)  The agent shall pay interest on the amount of any

22  delinquent tax due, at the rate of 9 percent per year,

23  compounded annually, beginning the day the amount becomes

24  delinquent.

25         (3)  If a surplus lines policy covers risks or

26  exposures only partially in this state, the tax payable shall

27  be computed on the portion of the premium which is properly

28  allocable to the risks or exposures located in this state.

29         (4)  This section does not apply as to insurance of, or

30  with respect to, vessels, cargo, or aircraft written under s.

31  626.917, or as to insurance of risks of the state government


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    CS for SB 2522                                Second Engrossed



  1  or its agencies, or of any county or municipality or of any

  2  agency thereof.

  3         (5)  The department shall deposit 55 percent of all

  4  taxes collected under this section to the credit of the

  5  Insurance Commissioner's Regulatory Trust Fund.  Forty-five

  6  percent of all taxes collected under this section shall be

  7  deposited into the General Revenue Fund.

  8         (6)  For the purposes of this section, the term

  9  "premium" means the consideration for insurance by whatever

10  name called and includes any assessment, or any membership,

11  policy, survey, inspection, service, or similar fee or charge

12  in consideration for an insurance contract, which items are

13  deemed to be a part of the premium.  The per-policy fee

14  authorized by s. 626.916(4) is specifically included within

15  the meaning of the term "premium." However, the service fee

16  imposed pursuant to s. 626.9325 is excluded from the meaning

17  of the term "premium."

18         Section 6.  Section 626.933, Florida Statutes, is

19  amended to read:

20         626.933  Collection of tax and service fee.--If the tax

21  and service fee payable by a surplus lines agent under this

22  Surplus Lines Law is not so paid within the time prescribed,

23  the same shall be recoverable in a suit brought by the

24  department against the surplus lines agent and the surety or

25  sureties on the bond filed by the surplus lines agent under s.

26  626.928.

27         Section 7.  Section 626.935, Florida Statutes, is

28  amended to read:

29         626.935  Suspension, revocation, or refusal of surplus

30  lines agent's license.--

31


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    CS for SB 2522                                Second Engrossed



  1         (1)  The department shall deny an application for,

  2  suspend, revoke, or refuse to renew the appointment of a

  3  surplus lines agent and all other licenses and appointments

  4  held by the licensee under this code, upon any of the

  5  following grounds:

  6         (a)  Removal of the licensee's office from the state.

  7         (b)  Removal of the accounts and records of his or her

  8  surplus lines business from this state during the period when

  9  such accounts and records are required to be maintained under

10  s. 626.930.

11         (c)  Closure of the licensee's office for a period of

12  more than 30 consecutive days.

13         (d)  Failure to make and file his or her quarterly

14  reports when due as required by s. 626.931.

15         (e)  Failure to pay the tax and service fee on surplus

16  lines premiums, as provided for in this Surplus Lines Law.

17         (f)  Failure to maintain the bond as required by s.

18  626.928.

19         (g)  Suspension, revocation, or refusal to renew or

20  continue the license or appointment as a general lines agent,

21  service representative, or managing general agent.

22         (h)  Lack of qualifications as for an original surplus

23  lines agent's license.

24         (i)  Violation of this Surplus Lines Law.

25         (j)  For any other applicable cause for which the

26  license of a general lines agent could be suspended, revoked,

27  or refused under s. 626.611.

28         (2)  The department may, in its discretion, deny an

29  application for, suspend, revoke, or refuse to renew the

30  license or appointment of any surplus lines agent upon any

31


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    CS for SB 2522                                Second Engrossed



  1  applicable ground for which a general lines agent's license

  2  could be suspended, revoked, or refused under s. 626.621.

  3         (3)  In the suspension or revocation of, or the refusal

  4  to issue or renew, the license or appointment of a surplus

  5  lines agent, the department shall follow the same procedures,

  6  as applicable, as provided for suspension, revocation, or

  7  refusal of licenses of general lines agents, but subject to s.

  8  626.936 as to failure to file a quarterly report or pay the

  9  tax.

10         (4)  The following sections also apply, to the extent

11  so applicable, as to surplus lines agents:

12         (a)  Section 626.641.

13         (b)  Section 626.651.

14         (c)  Section 626.661.

15         (d)  Section 626.681.

16         (e)  Section 626.691.

17         Section 8.  Section 626.936, Florida Statutes, is

18  amended to read:

19         626.936  Failure to file reports report or pay tax or

20  service fee; administrative penalty.--

21         (1)  Any licensed surplus lines agent who neglects to

22  file a report or a quarterly affidavit report in the form and

23  within the time required or provided for in the Surplus Lines

24  Law may be fined up to $50 per day for each day the neglect

25  continues, beginning the day after the report or quarterly

26  affidavit report was due until the date the report is received

27  by the Florida Surplus Lines Service Office department. All

28  The department shall deposit all sums collected by it under

29  this section shall be deposited into the Insurance

30  Commissioner's Regulatory Trust Fund.

31


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    CS for SB 2522                                Second Engrossed



  1         (2)  Any licensed surplus lines agent who neglects to

  2  pay the taxes and service fees as required under the Surplus

  3  Lines Law and within the time required may be fined up to $500

  4  per day for each day the failure to pay continues, beginning

  5  the day after the tax and service fees were was due. The agent

  6  shall pay interest on the amount of any delinquent tax due, at

  7  the rate of 9 percent per year, compounded annually, beginning

  8  the day the amount becomes delinquent.  The department shall

  9  deposit all sums collected by it under this section into the

10  Insurance Commissioner's Regulatory Trust Fund.

11         Section 9.  Section 626.9361, Florida Statutes, is

12  amended to read:

13         626.9361  Failure to file report; administrative

14  penalty.--Any eligible surplus lines insurer who fails to file

15  a quarterly report in the form and within the time required or

16  provided for in the Surplus Lines Law may be fined up to $500

17  per day for each day such failure continues, beginning the day

18  after the report was due, until the date the report is

19  received by the Florida Surplus Lines Service Office

20  department.  Failure to file a quarterly report may also

21  result in withdrawal of eligibility as a surplus lines insurer

22  in this state. All sums collected by the department under this

23  section shall be deposited into the Insurance Commissioner's

24  Regulatory Trust Fund.

25         Section 10.  Subsection (3) of section 627.4035,

26  Florida Statutes, is amended to read:

27         627.4035  Cash payment of premiums; claims.--

28         (3)  All payments of claims made in this state under

29  any contract of insurance shall be paid in cash consisting of

30  coins, currency, checks, drafts, or money orders and, if by

31  check or draft, shall be in such form as will comply with the


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    CS for SB 2522                                Second Engrossed



  1  standards for cash items adopted by the Federal Reserve System

  2  to facilitate the sorting, routing, and mechanized processing

  3  of such items. If authorized by the recipient, payment of

  4  claims may be made by debit card or other forms of electronic

  5  transfer.

  6         Section 11.  Section 628.903, Florida Statutes, is

  7  amended to read:

  8         628.903  "Industrial insured captive insurer"

  9  defined.--For purposes of this part:

10         (1)  An "industrial insured" means an insured which:

11         (a)  Has gross assets in excess of $10 $50 million and;

12         (b)  procures insurance through the use of a full-time

13  employee of the insured who acts as an insurance manager or

14  buyer or through the services of a person licensed as a

15  property and casualty insurance agent, broker, or consultant

16  in such person's state of domicile;

17         (b)(c)  Has at least 25 100 full-time employees; and

18         (c)(d)  Has Pays annual aggregate premiums for all

19  insurance risks that total of at least $100,000 $200,000 for

20  each line of insurance purchased from the industrial insured

21  captive insurer or at least $75,000, with respect to any line

22  of coverage excess of at least $25 million in the annual

23  aggregate.  The purchase of umbrella or general liability

24  coverage excess of $25 million in the annual aggregate shall

25  be deemed to be the purchase of a single line of insurance.

26         (2)  An "industrial insured captive insurer" is a

27  captive insurer that:

28         (a)  Has as its stockholders or members only industrial

29  insureds that are reinsured pursuant to subparagraph (b)2. or

30  insured by the industrial insured captive insurer, or has as

31  its sole stockholder a corporation, which corporation's sole


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    CS for SB 2522                                Second Engrossed



  1  stockholders are industrial insureds that are reinsured

  2  pursuant to subparagraph (b)2. or insured by the industrial

  3  insured captive insurer; and

  4         (b)1.  Provides insurance only to the industrial

  5  insureds that are its stockholders or members, and affiliates

  6  thereof, or to the stockholders, and affiliates thereof, of

  7  its parent corporation; or

  8         2.  Provides reinsurance to insurers only on risks

  9  written by such insurers for the industrial insureds who are

10  the stockholders or members, and affiliates thereof, of the

11  industrial insured captive insurer, or the stockholders, and

12  affiliates thereof, of the parent corporation of the

13  industrial insured captive insurer.

14

15  For the purposes of this paragraph, the term "affiliate" means

16  a person that directly, or indirectly through one or more

17  intermediaries, controls, is controlled by, or is under common

18  control with one or more of the stockholders or members of the

19  industrial insured captive insurer or one or more of the

20  stockholders of the parent corporation of the industrial

21  insured captive insurer; and.

22         (c)  Possesses and maintains:

23         1.  Unimpaired paid-in capital of at least $5 million;

24  and

25         2.  Unimpaired surplus of at least $15 million.

26         Section 12.  Paragraph (d) is added to subsection (1)

27  of section 626.022, Florida Statutes, 1998 Supplement, to

28  read:

29         626.022  Scope of part.--

30         (1)  This part applies as to insurance agents,

31  solicitors, service representatives, adjusters, and insurance


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    CS for SB 2522                                Second Engrossed



  1  agencies; as to any and all kinds of insurance; and as to

  2  stock insurers, mutual insurers, reciprocal insurers, and all

  3  other types of insurers, except that:

  4         (d)  This part does not apply to a certified public

  5  accountant licensed under chapter 473, Florida Statutes, who

  6  is acting within the scope of the practice of public

  7  accounting, as defined in section 473.302, Florida Statutes,

  8  provided that the activities of the certified public

  9  accountant are limited to advising a client of the necessity

10  of obtaining insurance, the amount of insurance needed, or the

11  line of coverage needed, and provided that the certified

12  public accountant does not directly or indirectly receive or

13  share in any commission, referral fee, or solicitor's fee.

14         Section 13.  Section 627.171, Florida Statutes, is

15  amended to read:

16         627.171  Excess or reduced rates.--

17         (1)  With written consent of the insured signed prior

18  to the policy inception date and filed with the insurer, the

19  insurer may use a rate in excess of or lower than the

20  otherwise applicable filed rate on any specific risk.  The

21  signed consent form must include the filed rate as well as the

22  excess or reduced rate for the risk insured and a copy of the

23  form must be maintained by the insurer for 3 years and be

24  available for review by the department.

25         (2)  An insurer may not use excess or reduced rates

26  pursuant to this section for more than 20 10 percent of its

27  commercial insurance policies written or renewed in each

28  calendar year for any line of commercial insurance or for more

29  than 5 percent of its personal lines insurance policies

30  written or renewed in each calendar year for any line of

31  personal insurance.


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    CS for SB 2522                                Second Engrossed



  1         (3)  An insurer may not use an excess or reduced rate

  2  pursuant to this section unless the rate is based on

  3  underwriting considerations and is not based on arbitrary or

  4  unfairly discriminatory considerations.

  5         Section 14.  This act shall take effect upon becoming a

  6  law.

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