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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Grant moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 9, between lines 27 and 28,

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16  insert:

17         Section 10.  Section 627.7825, Florida Statutes, is

18  created to read:

19         627.7825  Alternative rate adoption.--Notwithstanding

20  s. 627.782(1) and (7), the premium rates to be charged by

21  title insurers in this state from July 1, 1999, through June

22  30, 2002, for title insurance contracts shall be as set forth

23  in this subsection. The rules related to premium rates for

24  title insurance, including endorsements, adopted by the

25  department and in effect on April 1, 1999, which do not

26  conflict with this section shall remain in effect until June

27  30, 2002.  The department shall not grant a rate deviation

28  under s. 627.783 for the premium rates established in this

29  section and in department rules in effect on April 1, 1999,

30  which do not conflict with this section.

31         (1)  ORIGINAL TITLE INSURANCE RATES.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    





 1         (a)  For owner and leasehold title insurance:

 2         1.  The premium for the original owner's or for

 3  leasehold insurance shall be:

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 5                                             Per        Minimum

 6                                             Thousand   Insurer

 7                                                        Retention

 8  From $0 to $100,000 of liability written   $5.75      30%

 9  From $100,000 to $1 million, add           $5.00      30%

10  Over $1 million and up to $5 million, add  $2.50      35%

11  Over $5 million and up to $10 million, add $2.25      40%

12  Over $10 million, add                      $2.00      40%

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14  The minimum premium for all conveyances except multiple

15  conveyances shall be $100. The minimum premium for multiple

16  conveyances on the same property shall be $60.

17         2.  In all cases, the owner's policy shall be issued

18  for the full insurable value of the premises.

19         (b)  For mortgage title insurance:

20         1.  The premium for the original mortgage title

21  insurance shall be:

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23                                             Per        Minimum

24                                             Thousand   Insurer

25                                                        Retention

26  From $0 to $100,000 of liability written   $5.75      30%

27  From $100,000 to $1 million, add           $5.00      30%

28  Over $1 million and up to $5 million, add  $2.50      35%

29  Over $5 million and up to $10 million, add $2.25      40%

30  Over $10 million, add                      $2.00      40%

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    





 1  The minimum premium for all conveyances except multiple

 2  conveyances shall be $100. The minimum premium for multiple

 3  conveyances on the same property shall be $60.

 4         2.  A policy shall be issued for an amount less than

 5  the full principal debt. A policy may, however, be issued for

 6  an amount up to 25 percent in excess of the principal debt to

 7  cover interest and foreclosure costs.

 8         (2)  REISSUE RATES.--

 9         (a)  The reissue premium charge for owner's, mortgage,

10  and leasehold title insurance policies shall be:

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12                                             Per Thousand

13  Up to $100,000 of liability written        $3.30

14  Over $100,000 and up to $1 million, add    $3.00

15  Over $1 million and up to $10 million, add $2.00

16  Over $10 million, add                      $1.50

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18  The minimum premium shall be $100.

19         (b)  If a previous owner's policy was issued insuring

20  the seller or the mortgagor in the current transaction and

21  both the reissuing agent and the reissuing underwriter retain

22  for their respective files copies of the prior owner's policy

23  or policies, the reissue premium rates in paragraph (a) shall

24  apply to:

25         1.  Policies on real property that is unimproved except

26  for roads, bridges, drainage facilities, and utilities if the

27  current owner's title has been insured prior to the

28  application for a new policy;

29         2.  Policies issued with an effective date of less than

30  3 years after the effective date of the policy insuring the

31  seller or mortgagor in the current transaction; or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    





 1         3.  Mortgage policies issued on refinancing of property

 2  insured by an original owner's policy that insured the title

 3  of the current mortgagor.

 4         (c)  Any amount of new insurance, in the aggregate, in

 5  excess of the amount under the previous policy shall be

 6  computed at the original owner's or leasehold rates, as

 7  provided in subsection (1).

 8         (3)  NEW HOME PURCHASE DISCOUNT.--If the seller has not

 9  leased or occupied the premises, the original premium for a

10  policy on the first sale of residential property with a one to

11  four family improvement that is granted a certificate of

12  occupancy shall be discounted by the amount of premium paid

13  for any prior loan policy insuring the lien of a mortgage

14  executed by the seller on the premises. If there is a prior

15  loan policy insuring the lien of a mortgage on multiple units

16  or parcels, the discount shall be prorated by dividing the

17  amount of the premium paid for the prior loan policy by the

18  total number of units or parcels without regard to varying

19  unit or parcel value. The minimum new home purchase premium

20  shall be $200. The new home purchase discount may not be

21  combined with any other reduction from original premium rates

22  provided for in this section. The insurer shall reserve for

23  unearned premiums only on the excess amount of the policy over

24  the amount of the actual or prorated amount of the prior loan

25  policy.

26         (4)  SUBSTITUTION LOANS RATES.--

27         (a)  When the same borrower and the same lender make a

28  substitution loan on the same property, the title to which was

29  insured by an insurer in connection with the previous loan,

30  the following premium rates for substitution loans shall

31  apply:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    





 1

 2  Age of Previous Loan    Premium Rates

 3  3 years or under        30 percent of the original rates

 4  From 3 to 4 years       40 percent of the original rates

 5  From 4 to 5 years       50 percent of the original rates

 6  From 5 to 10 years      60 percent of the original rates

 7  Over 10 years           100 percent of original rates

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 9  The minimum premium for substitution loan rates shall be $100.

10         (b)  At the time a substitution loan is made, the

11  unpaid principal balance of the previous loan will be

12  considered the amount of insurance in force on which the

13  foregoing premium rates shall be calculated. To these rates

14  shall be added the original rates in the applicable schedules

15  for any new insurance, including any difference between the

16  unpaid principal balance of the previous loan and the amount

17  of the new loan.

18         (c)  In the case of a substitution loan of $250,000 or

19  more, when the same borrower and any lender make a

20  substitution loan on the same property, the title to which was

21  insured by an insurer in connection with the previous loan,

22  the premium for such substitution loans shall be the rates as

23  set forth in paragraphs (a) and (b).

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25  (Redesignate subsequent sections.)

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27

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

29  And the title is amended as follows:

30         On page 1, line 14, after the semicolon

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 746

    Amendment No.    





 1  insert:

 2         creating s. 627.7825, F.S.; specifying certain

 3         alternative premium rates to be charged by

 4         title insurers for certain title insurance

 5         contracts for a certain period; providing

 6         requirements; providing limitations; providing

 7         for a new home purchase discount; excepting

 8         such rates from certain deviation provisions

 9         under certain circumstances;

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