HOUSE AMENDMENT
                                                  Bill No. HB 1643
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Insurance offered the following:
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13         Amendment (with title amendment) 
14  remove from the bill:  everything after the enacting clause,
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16  and insert in lieu thereof:  
17         Section 1.  Subsection (6) of section 627.351, Florida
18  Statutes, is amended to read:
19         627.351  Insurance risk apportionment plans.--
20         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE
21  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--
22         (a)1.  The Legislature finds that actual and threatened
23  catastrophic losses to property in this state from hurricanes
24  have caused insurers to be unwilling or unable to provide
25  property insurance coverage to the extent sought and needed.
26  It is in the public interest and a public purpose to assist in
27  ensuring that property in the state is insured so as to
28  facilitate the remediation, reconstruction, and replacement of
29  damaged or destroyed property in order to reduce or avoid the
30  negative effects otherwise resulting to the public health,
31  safety, and welfare; to the economy of the state; and to the
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    File original & 9 copies    04/20/01                          
    hin0002                     12:48 pm         01643-in  -484297

HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 revenues of the state and local governments needed to provide 2 for the public welfare. It is necessary, therefore, to 3 provide, and to facilitate the provision of, property 4 insurance to applicants who are in good faith entitled to 5 procure insurance through the voluntary market but are unable 6 to do so. The Legislature intends by this subsection that such 7 insurance be provided and continued, as long as necessary, 8 through an entity organized to achieve efficiencies and 9 economies, all toward the achievement of the foregoing public 10 purposes. 11 2. The Residential Property and Casualty Joint 12 Underwriting Association originally created by this statute 13 shall be known, as of January 1, 2002, as the Citizens 14 Property Insurance Corporation. The corporation shall provide 15 insurance and coinsurance for residential and commercial 16 (a) There is created a joint underwriting association 17 for equitable apportionment or sharing among insurers of 18 property and casualty insurance covering residential property, 19 for applicants who are in good faith entitled, but are unable, 20 to procure insurance through the voluntary market. The 21 corporation association shall operate pursuant to a plan of 22 operation approved by order of the department. The plan is 23 subject to continuous review by the department. The department 24 may, by order, withdraw approval of all or part of a plan if 25 the department determines that conditions have changed since 26 approval was granted and that the purposes of the plan require 27 changes in the plan. For the purposes of this subsection, 28 residential coverage includes both personal lines residential 29 coverage, which consists of the type of coverage provided by 30 homeowner's, mobile home owner's, dwelling, tenant's, 31 condominium unit owner's, and similar policies, and commercial 2 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 lines residential coverage, which consists of the type of 2 coverage provided by condominium association, apartment 3 building, and similar policies. 4 (b)1. All insurers authorized to write one or more 5 subject lines of business in this state are subject to 6 assessment by the corporation, and, for the purposes of this 7 subsection, shall be referred to collectively as "assessable 8 insurers", other than underwriting associations or other 9 entities created under this section, must participate in and 10 be members of the Residential Property and Casualty Joint 11 Underwriting Association. Insurers writing one or more subject 12 lines of business in this state pursuant to part VIII of 13 chapter 626 are not assessable insurers but insureds who 14 procure one or more subject lines of business in this state 15 pursuant to part VIII of chapter 626 shall be subject to 16 assessment by the corporation and shall be referred to 17 collectively as "assessable insureds." An authorized insurer's 18 assessment liability A member's participation shall begin on 19 the first day of the calendar year following the year in which 20 the insurer member was issued a certificate of authority to 21 transact insurance for subject lines of business in this state 22 and shall terminate 1 year after the end of the first calendar 23 year during which the insurer member no longer holds a 24 certificate of authority to transact insurance for subject 25 lines of business in this state. 26 2.a. All revenues, assets, liabilities, losses, and 27 expenses of the corporation association shall be divided into 28 three two separate accounts as follows: 29 (I) A personal lines account for personal residential 30 policies issued by the corporation or issued by the 31 Residential Property and Casualty Joint Underwriting 3 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 Association and renewed by the corporation on risks that are 2 not located in areas eligible for coverage in the Florida 3 Windstorm Underwriting Association as those areas were defined 4 on January 1, 2001; 5 (II) A commercial lines account for commercial 6 residential policies issued by the corporation or issued by 7 the Residential Property and Casualty Joint Underwriting 8 Association and renewed by the corporation on risks that are 9 not located in areas eligible for coverage in the Florida 10 Windstorm Underwriting Association as those areas were defined 11 on January 1, 2001; and 12 (III) A high-risk account for personal residential 13 policies and commercial residential and commercial 14 nonresidential property policies issued by the corporation or 15 transferred to the corporation on risks that are located in 16 areas eligible for coverage in the Florida Windstorm 17 Underwriting Association as those areas were defined on 18 January 1, 2001. The high-risk account shall also include 19 coinsurance of eligible risks under subparagraph (c)2. 20 b. The three separate accounts shall be maintained as 21 long as financing obligations entered into by the Florida 22 Windstorm Underwriting Association or Residential Property and 23 Casualty Joint Underwriting Association are outstanding, in 24 accordance with the terms of the corresponding financing 25 documents. At such time as such financing obligations are no 26 longer outstanding, in accordance with the terms of the 27 corresponding financing documents, the corporation may use a 28 single account for all revenues, assets, liabilities, losses, 29 and expenses of the corporation, one of which is for personal 30 lines residential coverages and the other of which is for 31 commercial lines residential coverages. 4 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 c. Revenues, assets, liabilities, losses, and expenses 2 not attributable to particular accounts coverages shall be 3 prorated among between the accounts. 4 d. The Legislature finds that the revenues of the 5 corporation are revenues that are necessary to meet the 6 requirements set forth in documents authorizing the issuance 7 of bonds under this subsection. 8 e. No part of the income of the corporation may inure 9 to the benefit of any private person. 10 3. With respect to a deficit in an account: 11 a. When the deficit incurred in a particular calendar 12 year is not greater than 10 percent of the aggregate statewide 13 direct written premium for the subject lines of business for 14 the prior calendar year for all member insurers, the entire 15 deficit shall be recovered through regular assessments of 16 assessable member insurers under paragraph (g) and assessable 17 insureds. 18 b. When the deficit incurred in a particular calendar 19 year exceeds 10 percent of the aggregate statewide direct 20 written premium for the subject lines of business for the 21 prior calendar year for all member insurers, the corporation 22 association shall levy regular assessments an assessment on 23 assessable member insurers under paragraph (g) and on 24 assessable insureds in an amount equal to the greater of 10 25 percent of the deficit or 10 percent of the aggregate 26 statewide direct written premium for the subject lines of 27 business for the prior calendar year for all member insurers. 28 Any remaining deficit shall be recovered through emergency 29 assessments under sub-subparagraph d. 30 c. Each assessable member insurer's share of the 31 amount being assessed total assessment under sub-subparagraph 5 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 a. or sub-subparagraph b. shall be in the proportion that the 2 assessable member insurer's direct written premium for the 3 subject lines of business for the year preceding the 4 assessment bears to the aggregate statewide direct written 5 premium for the subject lines of business for that year for 6 all member insurers. Assessment percentage applicable to each 7 assessable insured shall be the ratio of the amount being 8 assessed under sub-subparagraph a. or sub-subparagraph b. to 9 the aggregate statewide direct written premium for the subject 10 lines of business for the prior year. Assessments levied by 11 the corporation on assessable insurers under sub-subparagraphs 12 a. and b. shall be paid as required by the corporation's plan 13 of operation and paragraph (g). Assessments levied by the 14 corporation on assessable insureds under sub-subparagraphs a. 15 and b. shall be collected by the surplus lines agent at the 16 time the surplus lines agent collects the surplus lines tax 17 required by s. 626.932 and shall be paid to the Florida 18 Surplus Lines Service Office at the time the surplus lines 19 agent pays the surplus lines tax to the Florida Surplus Lines 20 Service Office. Upon receipt of regular assessments from 21 surplus lines agents, the Florida Surplus Lines Service Office 22 shall transfer such assessments directly to the corporation as 23 determined by the corporation. 24 d. Upon a determination by the board of governors that 25 a deficit in an account exceeds the amount that will be 26 recovered through regular assessments on member insurers under 27 sub-subparagraph a. or sub-subparagraph b., the board shall 28 levy, after verification by the department, emergency 29 assessments to be collected by assessable member insurers and 30 the corporation and collected from assessable insureds by 31 underwriting associations created under this section which 6 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 write subject lines of business upon issuance or renewal of 2 policies for subject lines of business, excluding National 3 Flood Insurance policies, in the year or years following levy 4 of the regular assessments. The amount of the emergency 5 assessment collected in a particular year shall be a uniform 6 percentage of that year's direct written premium for subject 7 lines of business for all member insurers and all accounts of 8 the corporation underwriting associations, excluding National 9 Flood Insurance Program policy premiums, as annually 10 determined by the board and verified by the department. The 11 department shall verify the arithmetic calculations involved 12 in the board's determination within 30 days after receipt of 13 the information on which the determination was based. 14 Notwithstanding any other provision of law, the corporation 15 and each assessable member insurer that and each underwriting 16 association created under this section which writes subject 17 lines of business shall collect emergency assessments from its 18 policyholders without such obligation being affected by any 19 credit, limitation, exemption, or deferment. Emergency 20 assessments levied by the corporation on assessable insureds 21 shall be collected by the surplus lines agent at the time the 22 surplus lines agent collects the surplus lines tax required by 23 s. 626.932 and shall be paid to the Florida Surplus Lines 24 Service Office at the time the surplus lines agent pays the 25 surplus lines tax to the Florida Surplus Lines Service Office. 26 The emergency assessments so collected shall be transferred 27 directly to the corporation association on a periodic basis as 28 determined by the corporation association. The aggregate 29 amount of emergency assessments levied under this 30 sub-subparagraph in any calendar year may not exceed the 31 greater of 10 percent of the amount needed to cover the 7 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 original deficit, plus interest, fees, commissions, required 2 reserves, and other costs associated with financing of the 3 original deficit, or 10 percent of the aggregate statewide 4 direct written premium for subject lines of business written 5 by member insurers and for all accounts of the corporation 6 underwriting associations for the prior year, plus interest, 7 fees, commissions, required reserves, and other costs 8 associated with financing the original deficit. 9 e. The board may pledge the proceeds of assessments, 10 projected recoveries from the Florida Hurricane Catastrophe 11 Fund, other insurance and reinsurance recoverables, market 12 equalization surcharges and other surcharges, and other funds 13 available to the corporation association as the source of 14 revenue for and to secure bonds issued under paragraph (g), 15 bonds or other indebtedness issued under subparagraph (c)3., 16 or lines of credit or other financing mechanisms issued or 17 created under this subsection, or to retire any other debt 18 incurred as a result of deficits or events giving rise to 19 deficits, or in any other way that the board determines will 20 efficiently recover such deficits. The purpose of the lines of 21 credit or other financing mechanisms is to provide additional 22 resources to assist the corporation association in covering 23 claims and expenses attributable to a catastrophe. As used in 24 this subsection, the term "assessments" includes regular 25 assessments under sub-subparagraph a., sub-subparagraph b., or 26 subparagraph (g)1. and emergency assessments under 27 sub-subparagraph d. Emergency assessments collected under 28 sub-subparagraph d. are not part of an insurer's rates, are 29 not premium, and are not subject to premium tax, fees, or 30 commissions; however, failure to pay the emergency assessment 31 shall be treated as failure to pay premium. The emergency 8 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 assessments under sub-subparagraph d. shall continue as long 2 as any bonds issued or other indebtedness incurred with 3 respect to a deficit for which the assessment was imposed 4 remain outstanding, unless adequate provision has been made 5 for the payment of such bonds or other indebtedness pursuant 6 to the documents governing such bonds or other indebtedness. 7 f. As used in this subsection, the term "subject lines 8 of business" means insurance written by assessable insurers or 9 procured by assessable insureds on real or personal property, 10 as defined in s. 624.604, including insurance for fire, 11 industrial fire, allied lines, farmowners multiperil, 12 homeowners multiperil, commercial multiperil, and mobile 13 homes, including liability coverage on all such insurance but 14 excluding inland marine as defined in s. 624.607(3) and 15 excluding vehicle insurance as defined in s. 624.605(1) other 16 than insurance on mobile homes used as permanent dwellings. 17 g. The Florida Surplus Lines Service Office shall 18 determine annually the aggregate statewide written premium in 19 subject lines of business procured by assessable insureds and 20 shall report such information to the corporation in such form 21 and at such time as the corporation specifies to ensure that 22 the corporation can meet the requirements of this subsection 23 and the corporation's financing obligations. 24 h. The Florida Surplus Lines Service Office shall 25 verify the proper application by surplus lines agents of 26 assessment percentages for regular assessments and emergency 27 assessments levied under this subparagraph on assessable 28 insureds and shall assist the corporation in ensuring the 29 accurate, timely collection and payment of such assessments by 30 surplus lines agents as required by the corporation, with 31 respect to the personal lines account, any personal lines 9 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 policy defined in s. 627.4025, and means, with respect to the 2 commercial lines account, all commercial property and 3 commercial fire insurance. 4 (c) The plan of operation of the corporation 5 association: 6 1. May provide for one or more designated insurers, 7 able and willing to provide policy and claims service, to act 8 on behalf of the association to provide such service. Each 9 licensed agent shall be entitled to indicate the order of 10 preference regarding who will service the business placed by 11 the agent. The association shall adhere to each agent's 12 preferences unless after consideration of other factors in 13 assigning agents, including, but not limited to, servicing 14 capacity and fee arrangements, the association has reason to 15 believe it is in the best interest of the association to make 16 a different assignment. 17 1.2. Must provide for adoption of residential property 18 and casualty insurance policy forms and commercial residential 19 and nonresidential property insurance forms, which forms must 20 be approved by the department prior to use. The corporation 21 association shall adopt the following policy forms: 22 a. Standard personal lines policy forms including wind 23 coverage, which are multiperil policies providing what is 24 generally considered to be full coverage of a residential 25 property similar to the coverage provided under an HO-2, HO-3, 26 HO-4, or HO-6 policy. 27 b. Standard personal lines policy forms without wind 28 coverage, which are the same as the policies described in 29 sub-subparagraph a. except that they do not include wind 30 coverage. 31 b.c. Basic personal lines policy forms including wind 10 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 coverage, which are policies similar to an HO-8 policy or a 2 dwelling fire policy that provide coverage meeting the 3 requirements of the secondary mortgage market, but which 4 coverage is more limited than the coverage under a standard 5 policy. 6 d. Basic personal lines policy forms without wind 7 coverage, which are the same as the policies described in 8 sub-subparagraph c. except they do not include wind coverage. 9 c.e. Commercial lines residential policy forms 10 including wind coverage that are generally similar to the 11 basic perils of full coverage obtainable for commercial 12 residential structures in the admitted voluntary market. 13 d. Commercial nonresidential property insurance forms 14 that cover the peril of wind only. Such form is applicable 15 only to commercial nonresidential properties located in areas 16 eligible for coverage in the Florida Windstorm Underwriting 17 Association as those areas were defined on January 1, 2001. 18 f. Commercial lines residential policy forms without 19 wind coverage, which are the same as the policies described in 20 sub-subparagraph e. except that they do not include wind 21 coverage. 22 2.a. Must provide that the corporation adopt a 23 coinsurance program whereby the corporation coinsures with 24 authorized insurers hurricane coverage, as defined in s. 25 627.4025(2)(a), for eligible risks, and adopt property 26 insurance forms for eligible risks which cover the peril of 27 wind only. As used in this subsection, the term: 28 (I) "Coinsurance" means an agreement between the 29 corporation and an authorized insurer wherein each is 30 severally responsible for a specified percentage of the 31 hurricane coverage for an eligible risk. 11 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 (II) "Eligible risks" means personal residential and 2 commercial residential risks that meet the underwriting 3 criteria of the corporation and are located in areas that were 4 eligible for coverage by the Florida Windstorm Underwriting 5 Association on January 1, 2001. It is the intent of the 6 Legislature that the areas in which eligible risks are located 7 be reduced to the extent practicable. If the corporation 8 determines after a public hearing that the voluntary market is 9 stable and competitive in an area in which eligible risks are 10 located, it may, subject to approval by the department, remove 11 such areas from the areas in which eligible risks are located; 12 however, if an area is removed from an area in which eligible 13 risks are located, the corporation shall continue to offer 14 coinsurance agreements in such a removed area. The corporation 15 shall not seek to remove any area from the areas in which 16 eligible risks are located before the corporation's 17 coinsurance program is available to insurers. 18 b. The corporation shall provide coinsurance levels of 19 90 percent and 50 percent. 20 c. If the corporation determines that additional 21 coinsurance levels are necessary to maximize participation in 22 coinsurance agreements by authorized insurers, the corporation 23 may establish additional coinsurance levels. However, in no 24 event shall the corporation's coinsurance percentage exceed 90 25 percent. 26 d. Any coinsurance agreement entered into between an 27 authorized insurer and the corporation must provide for a 28 uniform specified percentage of coverage of hurricane losses 29 for all eligible coinsured risks of the authorized insurer. 30 e. Any coinsurance agreement entered into between an 31 authorized insurer and the corporation shall be subject to 12 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 review and approval by the department. 2 f. The authorized insurer and the corporation shall 3 reconcile and separately report their exposures on coinsured 4 eligible risks to the Florida Hurricane Catastrophe Fund on 5 forms and in the manner required by the Florida Hurricane 6 Catastrophe Fund. 7 g. The rates charged by the corporation for coinsuring 8 eligible personal lines residential risks for the coinsurance 9 levels in sub-subparagraphs b. and c. shall be calculated by 10 multiplying the ratio of the latest approved Insurance 11 Services Office hurricane loss costs to the latest approved 12 Insurance Services Office total loss costs by the rates 13 developed in subparagraph (d)2. The corporation's coinsurance 14 rates for commercial lines residential risks must be based on 15 approved commercial lines residential hurricane rates 16 developed by the Insurance Services Office for relevant areas 17 of each county. The corporation shall file its coinsurance 18 rates with the department in conjunction with its filings 19 pursuant to paragraph (d). The corporation's coinsurance rates 20 must reflect the coinsurance levels established in 21 sub-subparagraphs b. and c. and Insurance Services Office 22 expense data for average acquisition costs, policy issuance 23 and administration, and adjustment of hurricane losses. 24 h. The coinsurance agreement between the corporation 25 and an authorized insurer shall set forth the specific terms 26 under which such coinsurance is provided, including, but not 27 limited to, the reporting of information concerning eligible 28 risks, the payment of coinsurance premium to the corporation, 29 and the adjustment and payment of hurricane losses incurred on 30 eligible risks. 31 3. May provide that the corporation association may 13 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 employ or otherwise contract with individuals or other 2 entities to provide administrative or professional services 3 that may be appropriate to effectuate the plan. The 4 corporation association shall have the power to borrow funds, 5 by issuing bonds or by incurring other indebtedness, and shall 6 have other powers reasonably necessary to effectuate the 7 requirements of this subsection. The corporation is 8 authorized, but is not required, to seek judicial validation 9 of its bonds or other indebtedness under chapter 75. The 10 corporation association may issue bonds or incur other 11 indebtedness, or have bonds issued on its behalf by a unit of 12 local government pursuant to subparagraph (g)2., in the 13 absence of a hurricane or other weather-related event, upon a 14 determination by the corporation association, subject to 15 approval by the department, that such action would enable it 16 to efficiently meet the financial obligations of the 17 corporation association and that such financings are 18 reasonably necessary to effectuate the requirements of this 19 subsection. The corporation association is authorized to take 20 all actions needed to facilitate tax-free status for any such 21 bonds or indebtedness, including formation of trusts or other 22 affiliated entities. The corporation association shall have 23 the authority to pledge assessments, projected recoveries from 24 the Florida Hurricane Catastrophe Fund, other reinsurance 25 recoverables, market equalization and other surcharges, and 26 other funds available to the corporation association as 27 security for bonds or other indebtedness. In recognition of s. 28 10, Art. I of the State Constitution, prohibiting the 29 impairment of obligations of contracts, it is the intent of 30 the Legislature that no action be taken whose purpose is to 31 impair any bond indenture or financing agreement or any 14 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 revenue source committed by contract to such bond or other 2 indebtedness. 3 4.a. Must require that the corporation association 4 operate subject to the supervision and approval of a board of 5 governors consisting of 9 13 individuals from diverse 6 geographical areas of this state appointed by the Insurance 7 Commissioner. The board shall consist of 4 insurance consumer 8 advocates appointed under 627.0613; 1 representative of a 9 financial institution engaging in residential mortgage lending 10 within the association's eligible areas; 1 representative of 11 realtors engaged in the sale of residential property within 12 the association's eligible areas; 1 representative who has 13 expertise in State Minimum Building Codes and coastal 14 construction; 1 association policyholder; and 1 representative 15 who is a licensed property and casualty insurance agent. 16 17 The Insurance Commissioner shall designate one of the 18 appointees, including 1 who is elected as chair. The Insurance 19 Commissioner may appoint a technical advisory group to provide 20 information and advice to the board of governors in connection 21 with the board's duties under this subsection. The board shall 22 consist of: 23 a. The insurance consumer advocate appointed under s. 24 627.0613. 25 b. To ensure the effective and efficient 26 implementation of this act, the Insurance Commissioner shall 27 appoint the board of governors no later than July 1, 2001. 28 Upon appointment of its members, the board of governors shall 29 work in conjunction with the residential property insurance 30 market coordinating council to address appropriate 31 organizational, operational, and financial matters relating to 15 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 the formation of the corporation. In addition, after 2 consultation with the residential property insurance market 3 coordinating council, the board of governors may postpone the 4 January 1, 2002, effective dates set forth in paragraph (l) 5 and any other provision of the act related to the operation of 6 the corporation if it determines that phasing in these 7 provisions is necessary to ensure the effective and efficient 8 implementation of the corporation's operations or financing 9 arrangements. However, the board of governors may not affect 10 any provision in paragraph (b) or any other provision of this 11 act related to financing arrangements entered into by the 12 Florida Windstorm Underwriting Association or the Florida 13 Residential Property and Casualty Joint Underwriting 14 Association and the ability of those entities or the 15 corporation to service its debts and maintain the capacity to 16 repay funds secured under these arrangements. 17 b. Five members designated by the insurance industry. 18 c. Five consumer representatives appointed by the 19 Insurance Commissioner. Two of the consumer representatives 20 must, at the time of appointment, be holders of policies 21 issued by the association, who are selected with consideration 22 given to reflecting the geographic balance of association 23 policyholders. Two of the consumer members must be individuals 24 who are minority persons as defined in s. 288.703(3). One of 25 the consumer members shall have expertise in the field of 26 mortgage lending. 27 d. Two representatives of the insurance industry 28 appointed by the Insurance Commissioner. Of the two insurance 29 industry representatives appointed by the Insurance 30 Commissioner, at least one must be an individual who is a 31 minority person as defined in s. 288.703(3). 16 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 2 Any board member may be disapproved or removed and replaced by 3 the commissioner at any time for cause. All board members, 4 including the chair, must be appointed to serve for 3-year 5 terms beginning annually on a date designated by the plan. Any 6 board vacancy must be filled for the unexpired term of such 7 board member by appointment by the Insurance Commissioner. 8 5. Must provide a procedure for determining the 9 eligibility of a risk for coverage, as follows: 10 a. With respect to personal lines residential risks, 11 if the risk is offered full coverage from an authorized 12 insurer at the insurer's approved rate under either a standard 13 policy including wind coverage or, if consistent with the 14 insurer's underwriting rules as filed with the department, a 15 basic policy including wind coverage, the risk is not eligible 16 for any policy issued by the corporation; however, this 17 provision shall not apply to personal lines wind-only risks 18 transferred from the Florida Windstorm Underwriting 19 Association for the time period specified in sub-subparagraph 20 (g)3.b association. If the risk accepts an offer of coverage 21 through the market assistance plan or an offer of coverage 22 through a mechanism established by the corporation association 23 before a policy is issued to the risk by the corporation 24 association or during the first 30 days of coverage by the 25 corporation association, and the producing agent who submitted 26 the application to the plan or to the corporation association 27 is not currently appointed by the insurer, the insurer shall 28 either: 29 (I) Pay to the producing agent of record of the 30 policy, for the first year, an amount that is the greater of 31 the insurer's usual and customary commission for the type of 17 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 policy written or a policy fee equal to the usual and 2 customary commission of the corporation; or 3 (II) Offer to allow the producing agent of record of 4 the policy to continue servicing the policy for a period of 5 not less than 1 year and offer to pay the agent the greater of 6 the insurer's or the corporation's usual and customary 7 commission for the type of policy written. appoint the agent 8 to service the risk or, if the insurer places the coverage 9 through a new agent, require the new agent who then writes the 10 policy to pay not less than 50 percent of the first year's 11 commission to the producing agent who submitted the 12 application to the plan or the association, except that if the 13 new agent is an employee or exclusive agent of the insurer, 14 the new agent shall pay a policy fee of $50 to the producing 15 agent in lieu of splitting the commission. 16 17 If the new or producing agent is unwilling or unable to accept 18 appointment by the new insurer, the new insurer shall pay the 19 agent in accordance with sub-sub-subparagraph (I). If the risk 20 is not able to obtain any such offer, the risk is eligible for 21 either a standard policy including wind coverage or a basic 22 policy including wind coverage issued by the corporation 23 association; however, if the risk could not be insured under a 24 standard policy including wind coverage regardless of market 25 conditions, the risk shall be eligible for a basic policy 26 including wind coverage unless rejected under subparagraph 7. 27 8. The corporation association shall determine the type of 28 policy to be provided on the basis of objective standards 29 specified in the underwriting manual and based on generally 30 accepted underwriting practices. 31 b. With respect to commercial lines residential risks, 18 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 if the risk is offered coverage under a policy including wind 2 coverage from an authorized insurer at its approved rate, the 3 risk is not eligible for any policy issued by the corporation 4 association. If the risk accepts an offer of coverage through 5 the market assistance plan or an offer of coverage through a 6 mechanism established by the corporation association before a 7 policy is issued to the risk by the corporation association, 8 and the producing agent who submitted the application to the 9 plan or the corporation association is not currently appointed 10 by the insurer, the insurer shall either: 11 (I) Pay to the producing agent of record of the 12 policy, for the first year, an amount that is the greater of 13 the insurer's usual and customary commission for the type of 14 policy written or a policy fee equal to the usual and 15 customary commission of the corporation; or 16 (II) Offer to allow the producing agent of record of 17 the policy to continue servicing the policy for a period of 18 not less than 1 year and offer to pay the agent the greater of 19 the insurer's or the corporation's usual and customary 20 commission for the type of policy written. appoint the agent 21 to service the risk or, if the insurer places the coverage 22 through a new agent, require the new agent who then writes the 23 policy to pay not less than 50 percent of the first year's 24 commission to the producing agent who submitted the 25 application to the plan, except that if the new agent is an 26 employee or exclusive agent of the insurer, the new agent 27 shall pay a policy fee of $50 to the producing agent in lieu 28 of splitting the commission. 29 30 If the new or producing agent is unwilling or unable to accept 31 appointment by the new insurer, the new insurer shall pay the 19 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 agent in accordance with sub-sub-subparagraph (I). If the risk 2 is not able to obtain any such offer, the risk is eligible for 3 a policy including wind coverage issued by the corporation 4 association. 5 c. This subparagraph does not require the association 6 to provide wind coverage or hurricane coverage in any area in 7 which such coverage is available through the Florida Windstorm 8 Underwriting Association. 9 6. Must include rules for classifications of risks and 10 rates therefor. 11 7. Must provide that if premium and investment income 12 for an account attributable to a particular calendar plan year 13 are in excess of projected losses and expenses for the account 14 of the plan attributable to that year, such excess shall be 15 held in surplus in the account. Such surplus shall be 16 available to defray deficits as to future years and shall be 17 used for that purpose prior to assessing assessable member 18 insurers and assessable insureds as to any calendar plan year. 19 8. Must provide objective criteria and procedures to 20 be uniformly applied for all applicants in determining whether 21 an individual risk is so hazardous as to be uninsurable. In 22 making this determination and in establishing the criteria and 23 procedures, the following shall be considered: 24 a. Whether the likelihood of a loss for the individual 25 risk is substantially higher than for other risks of the same 26 class; and 27 b. Whether the uncertainty associated with the 28 individual risk is such that an appropriate premium cannot be 29 determined. 30 31 The acceptance or rejection of a risk by the corporation 20 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 association shall be construed as the private placement of 2 insurance, and the provisions of chapter 120 shall not apply. 3 9. Must provide that the corporation association shall 4 make its best efforts to procure catastrophe reinsurance at 5 reasonable rates, as determined by the board of governors. 6 10. Must provide that in the event of regular deficit 7 assessments under sub-subparagraph (b)3.a. or sub-subparagraph 8 (b)3.b., in the personal lines account, the commercial lines 9 residential account, or the high-risk account or by the 10 Florida Windstorm Underwriting Association under 11 sub-sub-subparagraph (2)(b)2.d.(I) or sub-sub-subparagraph 12 (2)(b)2.d.(II), the corporation association shall levy upon 13 corporation association policyholders in such account in its 14 next rate filing, or by a separate rate filing solely for this 15 purpose, a market equalization surcharge in a percentage equal 16 to the total amount of such regular assessments divided by the 17 aggregate statewide direct written premium for subject lines 18 of business for member insurers for the prior calendar year. 19 Market equalization surcharges under this subparagraph are not 20 considered premium and are not subject to commissions, fees, 21 or premium taxes; however, failure to pay a market 22 equalization surcharge shall be treated as failure to pay 23 premium. 24 11. The policies issued by the corporation association 25 must provide that, if the corporation association or the 26 market assistance plan obtains an offer from an authorized 27 insurer to cover the risk at its approved rates under either a 28 standard policy including wind coverage or a basic policy 29 including wind coverage, the risk is no longer eligible for 30 renewal coverage through the corporation association. However, 31 if the risk is located in an area in which Florida Windstorm 21 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 Underwriting Association coverage is available, such an offer 2 of a standard or basic policy terminates eligibility 3 regardless of whether or not the offer includes wind coverage. 4 Upon termination of eligibility, the association shall provide 5 written notice to the policyholder and agent of record stating 6 that the association policy shall be canceled as of 60 days 7 after the date of the notice because of the offer of coverage 8 from an authorized insurer. Other provisions of the insurance 9 code relating to cancellation and notice of cancellation do 10 not apply to actions under this subparagraph. 11 12. Corporation Association policies and applications 12 must include a notice that the corporation association policy 13 could, under this section or s. 627.3511, be replaced with a 14 policy issued by an authorized admitted insurer that does not 15 provide coverage identical to the coverage provided by the 16 corporation association. The notice shall also specify that 17 acceptance of corporation association coverage creates a 18 conclusive presumption that the applicant or policyholder is 19 aware of this potential. 20 13. May establish, subject to approval by the 21 department, different eligibility requirements and operational 22 procedures for any line or type of coverage for any specified 23 county or area if the board determines that such changes to 24 the eligibility requirements and operational procedures are 25 justified due to the voluntary market being sufficiently 26 stable and competitive in such area or for such line or type 27 of coverage and that consumers who, in good faith, are unable 28 to obtain insurance through the voluntary market through 29 ordinary methods would continue to have access to coverage 30 from the corporation association. When coverage is sought in 31 connection with a real property transfer, such requirements 22 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 and procedures shall not provide for an effective date of 2 coverage later than the date of the closing of the transfer as 3 established by the transferor, the transferee, and, if 4 applicable, the lender. 5 14. Shall provide that, with respect to the high-risk 6 account, any assessable insurer with a surplus as to 7 policyholders of $25 million or less writing 25 percent or 8 more of its total countrywide property insurance premiums in 9 this state may petition the department, within the first 90 10 days of each calendar year, to qualify as a limited 11 apportionment corporation. In no event shall a limited 12 apportionment corporation be required to participate in any 13 assessment, within the high-risk account, pursuant to 14 sub-subparagraph (b)3.a. or sub-subparagraph (b)3.b. in the 15 aggregate which exceeds $50 million after payment of available 16 high-risk account funds in any calendar year. However, a 17 limited apportionment corporation shall collect from its 18 policyholders any emergency assessment imposed under 19 sub-subparagraph (b)3.d. The plan shall provide that, if the 20 department determines that any regular assessment will result 21 in an impairment of the surplus of a limited apportionment 22 corporation, the department may direct that all or part of 23 such assessment be deferred. However, there shall be no 24 limitation or deferment of an emergency assessment to be 25 collected from policyholders under sub-subparagraph (b)3.d. 26 15. Must provide that the corporation appoint as its 27 licensed agents only those agents who also hold an appointment 28 as defined in s. 626.104 with an insurer who at the time of 29 the agent's initial appointment by the corporation is 30 authorized to write and is actually writing personal 31 residential property coverage, commercial residential property 23 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 coverage, or commercial nonresidential property coverage 2 within the state. 3 (d)1. It is the intent of the Legislature that the 4 rates for coverage provided by the corporation association be 5 actuarially sound and not competitive with approved rates 6 charged in the admitted voluntary market, so that the 7 corporation association functions as a residual market 8 mechanism to provide insurance only when the insurance cannot 9 be procured in the voluntary market. Rates shall include an 10 appropriate catastrophe loading factor that reflects the 11 actual catastrophic exposure of the corporation association 12 and recognizes that the association has little or no capital 13 or surplus; and the association shall carefully review each 14 rate filing to assure that provider compensation is not 15 excessive. 16 2. For each county, the average rates of the 17 corporation association for each line of business for personal 18 lines residential policies, excluding rates for wind-only 19 policies, shall be no lower than the average rates charged by 20 the insurer that had the highest average rate in that county 21 among the 20 insurers with the greatest total direct written 22 premium in the state for that line of business in the 23 preceding year, except that with respect to mobile home 24 coverages, the average rates of the corporation association 25 shall be no lower than the average rates charged by the 26 insurer that had the highest average rate in that county among 27 the 5 insurers with the greatest total written premium for 28 mobile home owner's policies in the state in the preceding 29 year. 30 3. Rates for personal lines residential wind-only 31 policies shall be actuarially sound and not competitive with 24 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 approved rates charged by authorized insurers. Rates of the 2 Florida Windstorm Underwriting Association adjudicated for 3 use, and the related mitigation credit program, shall apply to 4 the wind-only rates of the corporation. 5 4.3. Rates for commercial residential coverage shall 6 not be subject to the requirements of subparagraph 2., but 7 shall be subject to all other requirements of this paragraph 8 and s. 627.062. 9 5.4. Nothing in this paragraph shall require or allow 10 the corporation association to adopt a rate that is inadequate 11 under s. 627.062 or to reduce rates approved under s. 627.062. 12 6. Notwithstanding the exemption from the premium tax 13 in paragraph (6)(j), the corporation, in addition to the rates 14 otherwise determined pursuant to this paragraph, shall impose 15 and collect an amount equal to the premium tax provided for in 16 s. 624.509 to augment the financial resources of the 17 corporation available to carry out its public purposes. 18 7.5. The association may require arbitration of a 19 filing pursuant to s. 627.062(6). Rate filings of the 20 association under this paragraph shall be made on a use and 21 file basis under s. 627.062(2)(a)2. The corporation 22 association shall make a rate filing at least once a year, but 23 no more often than quarterly. 24 (e) If coverage in an account through the association 25 is hereby activated effective upon approval of the plan, and 26 shall remain activated until coverage is deactivated pursuant 27 to paragraph (f). Thereafter, coverage through the corporation 28 association shall be reactivated by order of the department 29 only under one of the following circumstances: 30 1. If the market assistance plan receives a minimum of 31 100 applications for coverage within a 3-month period, or 200 25 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 applications for coverage within a 1-year period or less for 2 residential coverage, unless the market assistance plan 3 provides a quotation from admitted carriers at their filed 4 rates for at least 90 percent of such applicants. Any market 5 assistance plan application that is rejected because an 6 individual risk is so hazardous as to be uninsurable using the 7 criteria specified in subparagraph (c)8. shall not be included 8 in the minimum percentage calculation provided herein. In the 9 event that there is a legal or administrative challenge to a 10 determination by the department that the conditions of this 11 subparagraph have been met for eligibility for coverage in the 12 corporation association, any eligible risk may obtain coverage 13 during the pendency of such challenge. 14 2. In response to a state of emergency declared by the 15 Governor under s. 252.36, the department may activate coverage 16 by order for the period of the emergency upon a finding by the 17 department that the emergency significantly affects the 18 availability of residential property insurance. 19 (f)1. The corporation shall file with the department 20 quarterly statements of financial condition, an annual 21 statement of financial condition, and audited financial 22 statements in the manner prescribed by law. In addition, the 23 corporation shall report to the department monthly on the 24 types, premium, exposure, and distribution by county of its 25 policies in force, and shall submit such other reports as the 26 department requires to carry out its oversight of the 27 corporation. 28 2. The activities of the corporation association shall 29 be reviewed at least annually by the department to determine 30 whether board and, upon recommendation by the board or 31 petition of any interested party, coverage shall be 26 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 deactivated in an account on the basis if the department finds 2 that the conditions giving rise to its activation no longer 3 exist. 4 (g)1. The corporation board shall certify to the 5 department its needs for annual assessments as to a particular 6 calendar year, and for any startup or interim assessments that 7 it deems to be necessary to sustain operations as to a 8 particular year pending the receipt of annual assessments. 9 Upon verification, the department shall approve such 10 certification, and the corporation board shall levy such 11 annual, startup, or interim assessments. Such assessments 12 shall be prorated as provided in paragraph (b). The 13 corporation board shall take all reasonable and prudent steps 14 necessary to collect the amount of assessment due from each 15 assessable participating member insurer, including, if 16 prudent, filing suit to collect such assessment. If the 17 corporation board is unable to collect an assessment from any 18 assessable member insurer, the uncollected assessments shall 19 be levied as an additional assessment against the assessable 20 participating member insurers and any assessable member 21 insurer required to pay an additional assessment as a result 22 of such failure to pay shall have a cause of action against 23 such nonpaying assessable member insurer. Assessments shall be 24 included as an appropriate factor in the making of rates. The 25 failure of a surplus lines agent to collect and remit any 26 regular or emergency assessment levied by the corporation 27 shall be deemed a violation of s. 626.936 and shall subject 28 the surplus lines agent to the penalties provided in that 29 section. 30 2. The governing body of any unit of local government, 31 any residents of which are insured by the corporation 27 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 association, may issue bonds as defined in s. 125.013 or s. 2 166.101 from time to time to fund an assistance program, in 3 conjunction with the corporation association, for the purpose 4 of defraying deficits of the corporation association. In order 5 to avoid needless and indiscriminate proliferation, 6 duplication, and fragmentation of such assistance programs, 7 any unit of local government, any residents of which are 8 insured by the corporation association, may provide for the 9 payment of losses, regardless of whether or not the losses 10 occurred within or outside of the territorial jurisdiction of 11 the local government. Revenue bonds may not be issued until 12 validated pursuant to chapter 75, unless a state of emergency 13 is declared by executive order or proclamation of the Governor 14 pursuant to s. 252.36 making such findings as are necessary to 15 determine that it is in the best interests of, and necessary 16 for, the protection of the public health, safety, and general 17 welfare of residents of this state and the protection and 18 preservation of the economic stability of insurers operating 19 in this state, and declaring it an essential public purpose to 20 permit certain municipalities or counties to issue such bonds 21 as will permit relief to claimants and policyholders of the 22 corporation joint underwriting association and insurers 23 responsible for apportionment of association losses. Any such 24 unit of local government may enter into such contracts with 25 the corporation association and with any other entity created 26 pursuant to this subsection as are necessary to carry out this 27 paragraph. Any bonds issued under this subparagraph shall be 28 payable from and secured by moneys received by the corporation 29 association from emergency assessments under sub-subparagraph 30 (b)3.d., and assigned and pledged to or on behalf of the unit 31 of local government for the benefit of the holders of such 28 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 bonds. The funds, credit, property, and taxing power of the 2 state or of the unit of local government shall not be pledged 3 for the payment of such bonds. If any of the bonds remain 4 unsold 60 days after issuance, the department shall require 5 all insurers subject to assessment to purchase the bonds, 6 which shall be treated as admitted assets; each insurer shall 7 be required to purchase that percentage of the unsold portion 8 of the bond issue that equals the insurer's relative share of 9 assessment liability under this subsection. An insurer shall 10 not be required to purchase the bonds to the extent that the 11 department determines that the purchase would endanger or 12 impair the solvency of the insurer. 13 3.a. In addition to any credits, bonuses, or 14 exemptions provided under s. 627.3511, The corporation board 15 shall adopt a program subject to approval by the department 16 for the reduction of both new and renewal writings in the 17 corporation association. The corporation board may consider 18 any prudent and not unfairly discriminatory approach to 19 reducing corporation association writings, and may but must 20 adopt at least a credit against assessment liability or other 21 liability that provides an incentive for insurers to take 22 risks out of the corporation association and to keep risks out 23 of the corporation association by maintaining or increasing 24 voluntary writings in counties or areas in which corporation 25 association risks are highly concentrated and a program to 26 provide a formula under which an insurer voluntarily taking 27 risks out of the corporation association by maintaining or 28 increasing voluntary writings will be relieved wholly or 29 partially from assessments under sub-subparagraphs (b)3.a. and 30 b. When the corporation enters into a contractual agreement 31 for a take-out plan, the producing agent of record of the 29 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 corporation policy is entitled to retain any unearned 2 commission on such policy, and the insurer shall either: 3 (I) Pay to the producing agent of record of the 4 policy, for the first year, an amount that is the greater of 5 the insurer's usual and customary commission for the type of 6 policy written or a policy fee equal to the usual and 7 customary commission of the corporation; or 8 (II) Offer to allow the producing agent of record of 9 the policy to continue servicing the policy for a period of 10 not less than 1 year and offer to pay the agent the greater of 11 the insurer's or the corporation's usual and customary 12 commission for the type of policy written. 13 14 If the new or producing agent is unwilling or unable to accept 15 appointment by the new insurer, the new insurer shall pay the 16 agent in accordance with sub-sub-subparagraph (I). 17 b. Notwithstanding s. 627.351(2)(b)5.e., to facilitate 18 the implementation of this act, the Florida Windstorm 19 Underwriting Association shall not enter into an agreement 20 with an insurer on or after July 1, 2001, to remove policies 21 from the Florida Windstorm Underwriting Association. The 22 corporation shall not enter into an agreement with an insurer 23 during the period from January 1, 2002, to December 31, 2002, 24 to remove any policy transferred to the corporation from the 25 Florida Windstorm Underwriting Association. The corporation 26 may extend such period if it determines that an extension is 27 necessary and appropriate. 28 c.b. Any credit or exemption from regular assessments 29 adopted under this subparagraph shall last no longer than the 30 3 years following the cancellation or expiration of the policy 31 by the corporation association. With the approval of the 30 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 department, the corporation board may extend such credits for 2 an additional year if the insurer guarantees an additional 3 year of renewability for all policies removed from the 4 corporation association, or for 2 additional years if the 5 insurer guarantees 2 additional years of renewability for all 6 policies so removed. 7 d.c. There shall be no credit, limitation, exemption, 8 or deferment from emergency assessments to be collected from 9 policyholders pursuant to sub-subparagraph (b)3.d. 10 4. The plan shall provide for the deferment, in whole 11 or in part, of the assessment of an assessable a member 12 insurer, other than an emergency assessment collected from 13 policyholders pursuant to sub-subparagraph (b)3.d., if the 14 department finds that payment of the assessment would endanger 15 or impair the solvency of the insurer. In the event an 16 assessment against an assessable a member insurer is deferred 17 in whole or in part, the amount by which such assessment is 18 deferred may be assessed against the other assessable member 19 insurers in a manner consistent with the basis for assessments 20 set forth in paragraph (b). 21 (h) Nothing in this subsection shall be construed to 22 preclude the issuance of residential property insurance 23 coverage pursuant to part VIII of chapter 626. 24 (i) There shall be no liability on the part of, and no 25 cause of action of any nature shall arise against, any 26 assessable member insurer or its agents or employees, the 27 corporation association or its agents or employees, members of 28 the board of governors or their respective designees at a 29 board meeting, corporation association committee members, or 30 the department or its representatives, for any action taken by 31 them in the performance of their duties or responsibilities 31 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 under this subsection. Such immunity does not apply to: 2 1. Any of the foregoing persons or entities for any 3 willful tort; 4 2. The corporation association or its servicing or 5 producing agents for breach of any contract or agreement 6 pertaining to insurance coverage; 7 3. The corporation association with respect to 8 issuance or payment of debt; or 9 4. Any assessable member insurer with respect to any 10 action to enforce an assessable a member insurer's obligations 11 to the corporation association under this subsection. 12 (j)1. The corporation Residential Property and 13 Casualty Joint Underwriting Association is not a state agency, 14 board, or commission, but is a legislatively created 15 corporation serving a public purpose. However, For the 16 purposes of s. 199.183(1), the corporation Residential 17 Property and Casualty Joint Underwriting Association shall be 18 considered a political subdivision of the state and shall be 19 exempt from the corporate income tax and the state premium 20 tax. 21 2. The corporation is not required to obtain or to 22 hold a certificate of authority issued by the department, nor 23 is it a member insurer of the Florida Insurance Guaranty 24 Association. However, the corporation shall pay assessments 25 pledged by the Florida Insurance Guaranty Association to 26 secure bonds issued or other indebtedness incurred to pay 27 covered claims arising from insurer insolvencies caused by, or 28 proximately related to, hurricane losses. 29 3. It is the intent of the Legislature that the tax 30 exemptions provided in this paragraph shall augment the 31 financial resources of the corporation to better enable the 32 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 corporation to fulfill its public purposes. Any bonds issued 2 by the corporation, their transfer, and the income therefrom, 3 including any profit made on the sale thereof, shall at all 4 times be free from taxation of every kind by the state and any 5 political subdivision or local unit or other instrumentality 6 thereof; however, this exemption does not apply to any tax 7 imposed by chapter 220 on interest, income, or profits on debt 8 obligations owned by corporations other than the corporation. 9 (k) Upon a determination by the department board of 10 governors that the conditions giving rise to the establishment 11 and activation of the corporation association no longer exist, 12 and upon the consent thereto by order of the department, the 13 corporation association is dissolved. Upon dissolution, the 14 assets of the association shall be applied first to pay all 15 debts, liabilities, and obligations of the corporation 16 association, including the establishment of reasonable 17 reserves for any contingent liabilities or obligations, and 18 all remaining assets of the corporation association shall 19 become property of the state and deposited in the Florida 20 Hurricane Catastrophe Fund. 21 (l)1. Effective January 1, 2002, policies of the 22 Residential Property and Casualty Joint Underwriting 23 Association shall become policies of the corporation. All 24 obligations, rights, assets, and liabilities of the 25 Residential Property and Casualty Joint Underwriting 26 Association, including bonds, notes, and debt obligations, and 27 the financing documents pertaining to them, become those of 28 the corporation as of January 1, 2002, without the need for 29 any further action. The corporation is not required to issue 30 endorsements or certificates of assumption to insureds during 31 the remaining term of such in-force policies. 33 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 2. Effective January 1, 2002, policies of the Florida 2 Windstorm Underwriting Association are transferred to the 3 corporation and shall become policies of the corporation. All 4 obligations, rights, assets, and liabilities of the Florida 5 Windstorm Underwriting Association, including bonds, notes, 6 and debt obligations, and the financing documents pertaining 7 to them, are transferred to and assumed by the corporation on 8 January 1, 2002, without the need for any further action. The 9 corporation is not required to issue endorsements or 10 certificates of assumption to insureds during the remaining 11 term of in-force transferred policies. 12 3. The Florida Windstorm Underwriting Association and 13 the Residential Property and Casualty Joint Underwriting 14 Association shall take all actions as may be proper to further 15 evidence such transfers and shall provide such documents and 16 instruments of further assurance as may reasonably be 17 requested by the corporation for such purpose. The corporation 18 shall execute such assumptions and instruments as the trustees 19 or other parties to the financing documents of the Florida 20 Windstorm Underwriting Association or the Residential Property 21 and Casualty Joint Underwriting Association may reasonably 22 request to further evidence such transfers and assumptions, 23 which transfers and assumptions, however, shall be effective 24 as of the date provided under this paragraph whether or not, 25 and regardless of the date on which, such assumptions or 26 instruments are executed by the corporation. Subject to the 27 relevant financing documents pertaining to their outstanding 28 bonds, notes, indebtedness, or other financing obligations, 29 the moneys, investments, receivables, choses in action, and 30 other intangibles of the Florida Windstorm Underwriting 31 Association shall be credited to the high-risk account of the 34 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 corporation, and the personal lines residential coverage 2 account and the commercial lines residential coverage account 3 of the Residential Property and Casualty Joint Underwriting 4 Association shall be credited to the personal lines account 5 and the commercial lines account, respectively, of the 6 corporation. 7 4. Effective January 1, 2002, a new applicant for 8 property insurance coverage who would otherwise have been 9 eligible for coverage in the Florida Windstorm Underwriting 10 Association shall be eligible for coverage from the 11 corporation as provided in this paragraph. 12 5. The transfer of all policies, obligations, rights, 13 assets, and liabilities from the Florida Windstorm 14 Underwriting Association to the corporation and the renaming 15 of the Residential Property and Casualty Joint Underwriting 16 Association as the Citizens Property Insurance Corporation 17 shall in no way affect the coverage with respect to covered 18 policies as defined in s. 215.555(2)(c) provided to these 19 entities by the Florida Hurricane Catastrophe Fund. The 20 coverage provided by the Florida Hurricane Catastrophe Fund to 21 the Florida Windstorm Underwriting Association based on its 22 exposures as of June 30, 2001, and each June 30 thereafter 23 shall be redesignated as coverage for the high-risk account of 24 the corporation. The coverage provided by the Florida 25 Hurricane Catastrophe Fund to the Residential Property and 26 Casualty Joint Underwriting Association based on its exposures 27 as of June 30, 2001, and each June 30 thereafter shall be 28 transferred to the personal lines account and the commercial 29 lines account of the corporation. The high-risk account shall 30 be treated, for all Florida Hurricane Catastrophe Fund 31 purposes, as if it were a separate insurer with its own 35 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 exposures, reimbursement premium, and loss reimbursement. 2 Likewise, the personal lines and commercial lines accounts 3 shall be treated, for all Florida Hurricane Catastrophe Fund 4 purposes, as if the two accounts were a single insurer with 5 its own exposures, reimbursement premium, and loss 6 reimbursement. All obligations, rights, assets, and 7 liabilities of the Florida Property and Casualty Joint 8 Underwriting Association created by subsection (5), which 9 obligations, rights, assets, or liabilities relate to the 10 provision of commercial lines residential property insurance 11 coverage as described in this section are hereby transferred 12 to the Residential Property and Casualty Joint Underwriting 13 Association. The Residential Property and Casualty Joint 14 Underwriting Association is not required to issue endorsements 15 or certificates of assumption to insureds during the remaining 16 term of in-force transferred policies. 17 (m) Notwithstanding any other provision of law: 18 1. The pledge or sale of, the lien upon, and the 19 security interest in any rights, revenues, or other assets of 20 the corporation association created or purported to be created 21 pursuant to any financing documents to secure any bonds or 22 other indebtedness of the corporation association shall be and 23 remain valid and enforceable, notwithstanding the commencement 24 of and during the continuation of, and after, any 25 rehabilitation, insolvency, liquidation, bankruptcy, 26 receivership, conservatorship, reorganization, or similar 27 proceeding against the corporation association under the laws 28 of this state. 29 2. No such proceeding shall relieve the corporation 30 association of its obligation, or otherwise affect its ability 31 to perform its obligation, to continue to collect, or levy and 36 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 collect, assessments, market equalization or other surcharges 2 under subparagraph (c)9. (c)10., or any other rights, 3 revenues, or other assets of the corporation association 4 pledged pursuant to any financing documents. 5 3. Each such pledge or sale of, lien upon, and 6 security interest in, including the priority of such pledge, 7 lien, or security interest, any such assessments, market 8 equalization or other surcharges, or other rights, revenues, 9 or other assets which are collected, or levied and collected, 10 after the commencement of and during the pendency of, or 11 after, any such proceeding shall continue unaffected by such 12 proceeding. As used in this subsection, the term "financing 13 documents" means any agreement or agreements, instrument or 14 instruments, or other document or documents now existing or 15 hereafter created evidencing any bonds or other indebtedness 16 of the corporation association or pursuant to which any such 17 bonds or other indebtedness has been or may be issued and 18 pursuant to which any rights, revenues, or other assets of the 19 corporation association are pledged or sold to secure the 20 repayment of such bonds or indebtedness, together with the 21 payment of interest on such bonds or such indebtedness, or the 22 payment of any other obligation or financial product, as 23 defined in the plan of operation of the corporation 24 association related to such bonds or indebtedness. 25 4. Any such pledge or sale of assessments, revenues, 26 contract rights, or other rights or assets of the corporation 27 association shall constitute a lien and security interest, or 28 sale, as the case may be, that is immediately effective and 29 attaches to such assessments, revenues, or contract rights or 30 other rights or assets, whether or not imposed or collected at 31 the time the pledge or sale is made. Any such pledge or sale 37 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 is effective, valid, binding, and enforceable against the 2 corporation association or other entity making such pledge or 3 sale, and valid and binding against and superior to any 4 competing claims or obligations owed to any other person or 5 entity, including policyholders in this state, asserting 6 rights in any such assessments, revenues, or contract rights 7 or other rights or assets to the extent set forth in and in 8 accordance with the terms of the pledge or sale contained in 9 the applicable financing documents, whether or not any such 10 person or entity has notice of such pledge or sale and without 11 the need for any physical delivery, recordation, filing, or 12 other action. 13 (n)1. The following records of the corporation 14 Residential Property and Casualty Joint Underwriting 15 Association are confidential and exempt from the provisions of 16 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 17 a. Underwriting files, except that a policyholder or 18 an applicant shall have access to his or her own underwriting 19 files. 20 b. Claims files, until termination of all litigation 21 and settlement of all claims arising out of the same incident, 22 although portions of the claims files may remain exempt, as 23 otherwise provided by law. Confidential and exempt claims file 24 records may be released to other governmental agencies upon 25 written request and demonstration of need; such records held 26 by the receiving agency remain confidential and exempt as 27 provided for herein. 28 c. Records obtained or generated by an internal 29 auditor pursuant to a routine audit, until the audit is 30 completed, or if the audit is conducted as part of an 31 investigation, until the investigation is closed or ceases to 38 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 be active. An investigation is considered "active" while the 2 investigation is being conducted with a reasonable, good faith 3 belief that it could lead to the filing of administrative, 4 civil, or criminal proceedings. 5 d. Matters reasonably encompassed in privileged 6 attorney-client communications. 7 e. Proprietary information licensed to the corporation 8 association under contract and the contract provides for the 9 confidentiality of such proprietary information. 10 f. All information relating to the medical condition 11 or medical status of a corporation an association employee 12 which is not relevant to the employee's capacity to perform 13 his or her duties, except as otherwise provided in this 14 paragraph. Information which is exempt shall include, but is 15 not limited to, information relating to workers' compensation, 16 insurance benefits, and retirement or disability benefits. 17 g. Upon an employee's entrance into the employee 18 assistance program, a program to assist any employee who has a 19 behavioral or medical disorder, substance abuse problem, or 20 emotional difficulty which affects the employee's job 21 performance, all records relative to that participation shall 22 be confidential and exempt from the provisions of s. 119.07(1) 23 and s. 24(a), Art. I of the State Constitution, except as 24 otherwise provided in s. 112.0455(11). 25 h. Information relating to negotiations for financing, 26 reinsurance, depopulation, or contractual services, until the 27 conclusion of the negotiations. 28 i. Minutes of closed meetings regarding underwriting 29 files, and minutes of closed meetings regarding an open claims 30 file until termination of all litigation and settlement of all 31 claims with regard to that claim, except that information 39 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 otherwise confidential or exempt by law will be redacted. 2 3 When an authorized insurer is considering underwriting a risk 4 insured by the corporation association, relevant underwriting 5 files and confidential claims files may be released to the 6 insurer provided the insurer agrees in writing, notarized and 7 under oath, to maintain the confidentiality of such files. 8 When a file is transferred to an insurer that file is no 9 longer a public record because it is not held by an agency 10 subject to the provisions of the public records law. 11 Underwriting files and confidential claims files may also be 12 released to staff of and the board of governors of the market 13 assistance plan established pursuant to s. 627.3515, who must 14 retain the confidentiality of such files, except such files 15 may be released to authorized insurers that are considering 16 assuming the risks to which the files apply, provided the 17 insurer agrees in writing, notarized and under oath, to 18 maintain the confidentiality of such files. Finally, the 19 corporation association or the board or staff of the market 20 assistance plan may make the following information obtained 21 from underwriting files and confidential claims files 22 available to licensed general lines insurance agents: name, 23 address, and telephone number of the residential property 24 owner or insured; location of the risk; rating information; 25 loss history; and policy type. The receiving licensed general 26 lines insurance agent must retain the confidentiality of the 27 information received. 28 2. Portions of meetings of the corporation Residential 29 Property and Casualty Joint Underwriting Association are 30 exempt from the provisions of s. 286.011 and s. 24(b), Art. I 31 of the State Constitution wherein confidential underwriting 40 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 files or confidential open claims files are discussed. All 2 portions of corporation association meetings which are closed 3 to the public shall be recorded by a court reporter. The 4 court reporter shall record the times of commencement and 5 termination of the meeting, all discussion and proceedings, 6 the names of all persons present at any time, and the names of 7 all persons speaking. No portion of any closed meeting shall 8 be off the record. Subject to the provisions hereof and s. 9 119.07(2)(a), the court reporter's notes of any closed meeting 10 shall be retained by the corporation association for a minimum 11 of 5 years. A copy of the transcript, less any exempt matters, 12 of any closed meeting wherein claims are discussed shall 13 become public as to individual claims after settlement of the 14 claim. 15 (o) In enacting the provisions of this act, the 16 Legislature recognizes that both the Florida Windstorm 17 Underwriting Association and the Residential Property and 18 Casualty Joint Underwriting Association have entered into 19 financing arrangements that obligate each entity to service 20 its debts and maintain the capacity to repay funds secured 21 under these financing arrangements. It is the intent of the 22 Legislature that nothing herein be construed to compromise, 23 diminish, or interfere with the rights of creditors under such 24 financing arrangements. It is further the intent of the 25 Legislature to preserve the obligations of the Florida 26 Windstorm Underwriting Association and the Residential 27 Property and Casualty Joint Underwriting Association with 28 regard to outstanding financing arrangements, with such 29 obligations passing entirely and unchanged to the corporation. 30 So long as any bonds, notes, indebtedness, or other financing 31 obligations of the Florida Windstorm Underwriting Association 41 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 or the Residential Property and Casualty Joint Underwriting 2 Association are outstanding, under the terms of the financing 3 documents pertaining to them, the governing board of the 4 corporation shall have and shall exercise the authority to 5 levy, charge, collect, and receive all premiums, assessments, 6 surcharges, charges, revenues, and receipts that such 7 associations had authority to levy, charge, collect, or 8 receive under the provisions of subsections (2) and (6), 9 respectively, as they existed on January 1, 2001, to the 10 extent necessary to provide moneys, together with other 11 available moneys of the corporation without exercise of the 12 authority provided by this paragraph, in at least the amounts, 13 and by the times, as would be provided under those former 14 provisions of subsection (2) or subsection (6), respectively, 15 so that the value, amount, and collectability of any assets, 16 revenues, or revenue source pledged or committed to, or any 17 lien thereon securing such outstanding bonds, notes, 18 indebtedness, or other financing obligations will not be 19 diminished, impaired, or adversely affected by the amendments 20 made by this act and to permit compliance with all provisions 21 of financing documents pertaining to such bonds, notes, 22 indebtedness, or other financing obligations, or the security 23 or credit enhancement for them, and any reference in this 24 subsection to bonds, notes, indebtedness, financing 25 obligations, or similar obligations of the corporation shall 26 include like instruments or contracts of the Florida Windstorm 27 Underwriting Association and the Residential Property and 28 Casualty Joint Underwriting Association to the extent not 29 inconsistent with the provisions of the financing documents 30 pertaining to them. 31 Section 2. Subsection (2) of section 631.55, Florida 42 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 Statutes, is amended to read: 2 631.55 Creation of the association.-- 3 (2) For the purposes of administration and assessment, 4 the association shall be divided into four three separate 5 accounts: 6 (a) The auto liability account; 7 (b) The auto physical damage account; 8 (c) The medical malpractice account; and 9 (d)(c) The account for all other insurance to which 10 this part applies. 11 Section 3. Effective upon this act becoming a law and 12 applicable to all policies in effect on or after the effective 13 date of this section, paragraph (b) of subsection (2) of 14 section 627.351, Florida Statutes, is amended to read: 15 627.351 Insurance risk apportionment plans.-- 16 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.-- 17 (b) The department shall require all insurers holding 18 a certificate of authority to transact property insurance on a 19 direct basis in this state, other than joint underwriting 20 associations and other entities formed pursuant to this 21 section, to provide windstorm coverage to applicants from 22 areas determined to be eligible pursuant to paragraph (c) who 23 in good faith are entitled to, but are unable to procure, such 24 coverage through ordinary means; or it shall adopt a 25 reasonable plan or plans for the equitable apportionment or 26 sharing among such insurers of windstorm coverage, which may 27 include formation of an association for this purpose. As used 28 in this subsection, the term "property insurance" means 29 insurance on real or personal property, as defined in s. 30 624.604, including insurance for fire, industrial fire, allied 31 lines, farmowners multiperil, homeowners' multiperil, 43 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 commercial multiperil, and mobile homes, and including 2 liability coverages on all such insurance, but excluding 3 inland marine as defined in s. 624.607(3) and excluding 4 vehicle insurance as defined in s. 624.605(1)(a) other than 5 insurance on mobile homes used as permanent dwellings. The 6 department shall adopt rules that provide a formula for the 7 recovery and repayment of any deferred assessments. 8 1. For the purpose of this section, properties 9 eligible for such windstorm coverage are defined as dwellings, 10 buildings, and other structures, including mobile homes which 11 are used as dwellings and which are tied down in compliance 12 with mobile home tie-down requirements prescribed by the 13 Department of Highway Safety and Motor Vehicles pursuant to s. 14 320.8325, and the contents of all such properties. An 15 applicant or policyholder is eligible for coverage only if an 16 offer of coverage cannot be obtained by or for the applicant 17 or policyholder from an admitted insurer at approved rates. 18 2.a.(I) All insurers required to be members of such 19 association shall participate in its writings, expenses, and 20 losses. Surplus of the association shall be retained for the 21 payment of claims and shall not be distributed to the member 22 insurers. Such participation by member insurers shall be in 23 the proportion that the net direct premiums of each member 24 insurer written for property insurance in this state during 25 the preceding calendar year bear to the aggregate net direct 26 premiums for property insurance of all member insurers, as 27 reduced by any credits for voluntary writings, in this state 28 during the preceding calendar year. For the purposes of this 29 subsection, the term "net direct premiums" means direct 30 written premiums for property insurance, reduced by premium 31 for liability coverage and for the following if included in 44 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 allied lines: rain and hail on growing crops; livestock; 2 association direct premiums booked; National Flood Insurance 3 Program direct premiums; and similar deductions specifically 4 authorized by the plan of operation and approved by the 5 department. A member's participation shall begin on the first 6 day of the calendar year following the year in which it is 7 issued a certificate of authority to transact property 8 insurance in the state and shall terminate 1 year after the 9 end of the calendar year during which it no longer holds a 10 certificate of authority to transact property insurance in the 11 state. The commissioner, after review of annual statements, 12 other reports, and any other statistics that the commissioner 13 deems necessary, shall certify to the association the 14 aggregate direct premiums written for property insurance in 15 this state by all member insurers. 16 (II) The plan of operation shall provide for a board 17 of directors consisting of the Insurance Consumer Advocate 18 appointed under s. 627.0613, 1 consumer representative 19 appointed by the Insurance Commissioner, 1 consumer 20 representative appointed by the Governor, and 12 additional 21 members appointed as specified in the plan of operation. One 22 of the 12 additional members shall be elected by the domestic 23 companies of this state on the basis of cumulative weighted 24 voting based on the net direct premiums of domestic companies 25 in this state. Nothing in the 1997 amendments to this 26 paragraph terminates the existing board or the terms of any 27 members of the board. 28 (III) The plan of operation shall provide a formula 29 whereby a company voluntarily providing windstorm coverage in 30 affected areas will be relieved wholly or partially from 31 apportionment of a regular assessment pursuant to 45 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II). 2 (IV) A company which is a member of a group of 3 companies under common management may elect to have its 4 credits applied on a group basis, and any company or group may 5 elect to have its credits applied to any other company or 6 group. 7 (V) There shall be no credits or relief from 8 apportionment to a company for emergency assessments collected 9 from its policyholders under sub-sub-subparagraph d.(III). 10 (VI) The plan of operation may also provide for the 11 award of credits, for a period not to exceed 3 years, from a 12 regular assessment pursuant to sub-sub-subparagraph d.(I) or 13 sub-sub-subparagraph d.(II) as an incentive for taking 14 policies out of the Residential Property and Casualty Joint 15 Underwriting Association. In order to qualify for the 16 exemption under this sub-sub-subparagraph, the take-out plan 17 must provide that at least 40 percent of the policies removed 18 from the Residential Property and Casualty Joint Underwriting 19 Association cover risks located in Dade, Broward, and Palm 20 Beach Counties or at least 30 percent of the policies so 21 removed cover risks located in Dade, Broward, and Palm Beach 22 Counties and an additional 50 percent of the policies so 23 removed cover risks located in other coastal counties, and 24 must also provide that no more than 15 percent of the policies 25 so removed may exclude windstorm coverage. With the approval 26 of the department, the association may waive these geographic 27 criteria for a take-out plan that removes at least the lesser 28 of 100,000 Residential Property and Casualty Joint 29 Underwriting Association policies or 15 percent of the total 30 number of Residential Property and Casualty Joint Underwriting 31 Association policies, provided the governing board of the 46 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 Residential Property and Casualty Joint Underwriting 2 Association certifies that the take-out plan will materially 3 reduce the Residential Property and Casualty Joint 4 Underwriting Association's 100-year probable maximum loss from 5 hurricanes. With the approval of the department, the board 6 may extend such credits for an additional year if the insurer 7 guarantees an additional year of renewability for all policies 8 removed from the Residential Property and Casualty Joint 9 Underwriting Association, or for 2 additional years if the 10 insurer guarantees 2 additional years of renewability for all 11 policies removed from the Residential Property and Casualty 12 Joint Underwriting Association. 13 b. Assessments to pay deficits in the association 14 under this subparagraph shall be included as an appropriate 15 factor in the making of rates as provided in s. 627.3512. 16 c. The Legislature finds that the potential for 17 unlimited deficit assessments under this subparagraph may 18 induce insurers to attempt to reduce their writings in the 19 voluntary market, and that such actions would worsen the 20 availability problems that the association was created to 21 remedy. It is the intent of the Legislature that insurers 22 remain fully responsible for paying regular assessments and 23 collecting emergency assessments for any deficits of the 24 association; however, it is also the intent of the Legislature 25 to provide a means by which assessment liabilities may be 26 amortized over a period of years. 27 d.(I) When the deficit incurred in a particular 28 calendar year is 10 percent or less of the aggregate statewide 29 direct written premium for property insurance for the prior 30 calendar year for all member insurers, the association shall 31 levy an assessment on member insurers in an amount equal to 47 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 the deficit. 2 (II) When the deficit incurred in a particular 3 calendar year exceeds 10 percent of the aggregate statewide 4 direct written premium for property insurance for the prior 5 calendar year for all member insurers, the association shall 6 levy an assessment on member insurers in an amount equal to 7 the greater of 10 percent of the deficit or 10 percent of the 8 aggregate statewide direct written premium for property 9 insurance for the prior calendar year for member insurers. Any 10 remaining deficit shall be recovered through emergency 11 assessments under sub-sub-subparagraph (III). 12 (III) Upon a determination by the board of directors 13 that a deficit exceeds the amount that will be recovered 14 through regular assessments on member insurers, pursuant to 15 sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the 16 board shall levy, after verification by the department, 17 emergency assessments to be collected by member insurers and 18 by underwriting associations created pursuant to this section 19 which write property insurance, upon issuance or renewal of 20 property insurance policies other than National Flood 21 Insurance policies in the year or years following levy of the 22 regular assessments. The amount of the emergency assessment 23 collected in a particular year shall be a uniform percentage 24 of that year's direct written premium for property insurance 25 for all member insurers and underwriting associations, 26 excluding National Flood Insurance policy premiums, as 27 annually determined by the board and verified by the 28 department. The department shall verify the arithmetic 29 calculations involved in the board's determination within 30 30 days after receipt of the information on which the 31 determination was based. Notwithstanding any other provision 48 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 of law, each member insurer and each underwriting association 2 created pursuant to this section shall collect emergency 3 assessments from its policyholders without such obligation 4 being affected by any credit, limitation, exemption, or 5 deferment. The emergency assessments so collected shall be 6 transferred directly to the association on a periodic basis as 7 determined by the association. The aggregate amount of 8 emergency assessments levied under this sub-sub-subparagraph 9 in any calendar year may not exceed the greater of 10 percent 10 of the amount needed to cover the original deficit, plus 11 interest, fees, commissions, required reserves, and other 12 costs associated with financing of the original deficit, or 10 13 percent of the aggregate statewide direct written premium for 14 property insurance written by member insurers and underwriting 15 associations for the prior year, plus interest, fees, 16 commissions, required reserves, and other costs associated 17 with financing the original deficit. The board may pledge the 18 proceeds of the emergency assessments under this 19 sub-sub-subparagraph as the source of revenue for bonds, to 20 retire any other debt incurred as a result of the deficit or 21 events giving rise to the deficit, or in any other way that 22 the board determines will efficiently recover the deficit. The 23 emergency assessments under this sub-sub-subparagraph shall 24 continue as long as any bonds issued or other indebtedness 25 incurred with respect to a deficit for which the assessment 26 was imposed remain outstanding, unless adequate provision has 27 been made for the payment of such bonds or other indebtedness 28 pursuant to the document governing such bonds or other 29 indebtedness. Emergency assessments collected under this 30 sub-sub-subparagraph are not part of an insurer's rates, are 31 not premium, and are not subject to premium tax, fees, or 49 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 commissions; however, failure to pay the emergency assessment 2 shall be treated as failure to pay premium. 3 (IV) Each member insurer's share of the total regular 4 assessments under sub-sub-subparagraph (I) or 5 sub-sub-subparagraph (II) shall be in the proportion that the 6 insurer's net direct premium for property insurance in this 7 state, for the year preceding the assessment bears to the 8 aggregate statewide net direct premium for property insurance 9 of all member insurers, as reduced by any credits for 10 voluntary writings for that year. 11 (V) If regular deficit assessments are made under 12 sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by 13 the Residential Property and Casualty Joint Underwriting 14 Association under sub-subparagraph (6)(b)3.a. or 15 sub-subparagraph (6)(b)3.b., the association shall levy upon 16 the association's policyholders, as part of its next rate 17 filing, or by a separate rate filing solely for this purpose, 18 a market equalization surcharge in a percentage equal to the 19 total amount of such regular assessments divided by the 20 aggregate statewide direct written premium for property 21 insurance for member insurers for the prior calendar year. 22 Market equalization surcharges under this sub-sub-subparagraph 23 are not considered premium and are not subject to commissions, 24 fees, or premium taxes; however, failure to pay a market 25 equalization surcharge shall be treated as failure to pay 26 premium. 27 e. The governing body of any unit of local government, 28 any residents of which are insured under the plan, may issue 29 bonds as defined in s. 125.013 or s. 166.101 to fund an 30 assistance program, in conjunction with the association, for 31 the purpose of defraying deficits of the association. In order 50 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 to avoid needless and indiscriminate proliferation, 2 duplication, and fragmentation of such assistance programs, 3 any unit of local government, any residents of which are 4 insured by the association, may provide for the payment of 5 losses, regardless of whether or not the losses occurred 6 within or outside of the territorial jurisdiction of the local 7 government. Revenue bonds may not be issued until validated 8 pursuant to chapter 75, unless a state of emergency is 9 declared by executive order or proclamation of the Governor 10 pursuant to s. 252.36 making such findings as are necessary to 11 determine that it is in the best interests of, and necessary 12 for, the protection of the public health, safety, and general 13 welfare of residents of this state and the protection and 14 preservation of the economic stability of insurers operating 15 in this state, and declaring it an essential public purpose to 16 permit certain municipalities or counties to issue bonds as 17 will provide relief to claimants and policyholders of the 18 association and insurers responsible for apportionment of plan 19 losses. Any such unit of local government may enter into such 20 contracts with the association and with any other entity 21 created pursuant to this subsection as are necessary to carry 22 out this paragraph. Any bonds issued under this 23 sub-subparagraph shall be payable from and secured by moneys 24 received by the association from assessments under this 25 subparagraph, and assigned and pledged to or on behalf of the 26 unit of local government for the benefit of the holders of 27 such bonds. The funds, credit, property, and taxing power of 28 the state or of the unit of local government shall not be 29 pledged for the payment of such bonds. If any of the bonds 30 remain unsold 60 days after issuance, the department shall 31 require all insurers subject to assessment to purchase the 51 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 bonds, which shall be treated as admitted assets; each insurer 2 shall be required to purchase that percentage of the unsold 3 portion of the bond issue that equals the insurer's relative 4 share of assessment liability under this subsection. An 5 insurer shall not be required to purchase the bonds to the 6 extent that the department determines that the purchase would 7 endanger or impair the solvency of the insurer. The authority 8 granted by this sub-subparagraph is additional to any bonding 9 authority granted by subparagraph 6. 10 3. The plan shall also provide that any member with a 11 surplus as to policyholders of $20 million or less writing 25 12 percent or more of its total countrywide property insurance 13 premiums in this state may petition the department, within the 14 first 90 days of each calendar year, to qualify as a limited 15 apportionment company. The apportionment of such a member 16 company in any calendar year for which it is qualified shall 17 not exceed its gross participation, which shall not be 18 affected by the formula for voluntary writings. In no event 19 shall a limited apportionment company be required to 20 participate in any apportionment of losses pursuant to 21 sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II) 22 in the aggregate which exceeds $50 million after payment of 23 available plan funds in any calendar year. However, a limited 24 apportionment company shall collect from its policyholders any 25 emergency assessment imposed under sub-sub-subparagraph 26 2.d.(III). The plan shall provide that, if the department 27 determines that any regular assessment will result in an 28 impairment of the surplus of a limited apportionment company, 29 the department may direct that all or part of such assessment 30 be deferred. However, there shall be no limitation or 31 deferment of an emergency assessment to be collected from 52 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 policyholders under sub-sub-subparagraph 2.d.(III). 2 4. The plan shall provide for the deferment, in whole 3 or in part, of a regular assessment of a member insurer under 4 sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), 5 but not for an emergency assessment collected from 6 policyholders under sub-sub-subparagraph 2.d.(III), if, in the 7 opinion of the commissioner, payment of such regular 8 assessment would endanger or impair the solvency of the member 9 insurer. In the event a regular assessment against a member 10 insurer is deferred in whole or in part, the amount by which 11 such assessment is deferred may be assessed against the other 12 member insurers in a manner consistent with the basis for 13 assessments set forth in sub-sub-subparagraph 2.d.(I) or 14 sub-sub-subparagraph 2.d.(II). 15 5.a. The plan of operation may include deductibles and 16 rules for classification of risks and rate modifications 17 consistent with the objective of providing and maintaining 18 funds sufficient to pay catastrophe losses. 19 b. The association may require arbitration of a rate 20 filing under s. 627.062(6). It is the intent of the 21 Legislature that the rates for coverage provided by the 22 association be actuarially sound and not competitive with 23 approved rates charged in the admitted voluntary market such 24 that the association functions as a residual market mechanism 25 to provide insurance only when the insurance cannot be 26 procured in the voluntary market. The plan of operation shall 27 provide a mechanism to assure that, beginning no later than 28 January 1, 1999, the rates charged by the association for each 29 line of business are reflective of approved rates in the 30 voluntary market for hurricane coverage for each line of 31 business in the various areas eligible for association 53 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 coverage. 2 c. The association shall provide for windstorm 3 coverage on residential properties in limits up to $10 million 4 for commercial lines residential risks and up to $1 million 5 for personal lines residential risks. If coverage with the 6 association is sought for a residential risk valued in excess 7 of these limits, coverage shall be available to the risk up to 8 the replacement cost or actual cash value of the property, at 9 the option of the insured, if coverage for the risk cannot be 10 located in the authorized market. The association must accept 11 a commercial lines residential risk with limits above $10 12 million or a personal lines residential risk with limits above 13 $1 million if coverage is not available in the authorized 14 market. The association may write coverage above the limits 15 specified in this subparagraph with or without facultative or 16 other reinsurance coverage, as the association determines 17 appropriate. 18 d. The plan of operation must provide objective 19 criteria and procedures, approved by the department, to be 20 uniformly applied for all applicants in determining whether an 21 individual risk is so hazardous as to be uninsurable. In 22 making this determination and in establishing the criteria and 23 procedures, the following shall be considered: 24 (I) Whether the likelihood of a loss for the 25 individual risk is substantially higher than for other risks 26 of the same class; and 27 (II) Whether the uncertainty associated with the 28 individual risk is such that an appropriate premium cannot be 29 determined. 30 31 The acceptance or rejection of a risk by the association 54 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 pursuant to such criteria and procedures must be construed as 2 the private placement of insurance, and the provisions of 3 chapter 120 do not apply. 4 e. The policies issued by the association must provide 5 that if the association obtains an offer from an authorized 6 insurer to cover the risk at its approved rates under either a 7 standard policy including wind coverage or, if consistent with 8 the insurer's underwriting rules as filed with the department, 9 a basic policy including wind coverage, the risk is no longer 10 eligible for coverage through the association. Upon 11 termination of eligibility, the association shall provide 12 written notice to the policyholder and agent of record stating 13 that the association policy must be canceled as of 60 days 14 after the date of the notice because of the offer of coverage 15 from an authorized insurer. Other provisions of the insurance 16 code relating to cancellation and notice of cancellation do 17 not apply to actions under this sub-subparagraph. 18 f. Association policies and applications must include 19 a notice that the association policy could, under this 20 section, be replaced with a policy issued by an authorized 21 insurer that does not provide coverage identical to the 22 coverage provided by the association. The notice shall also 23 specify that acceptance of association coverage creates a 24 conclusive presumption that the applicant or policyholder is 25 aware of this potential. 26 6.a. The plan of operation may authorize the formation 27 of a private nonprofit corporation, a private nonprofit 28 unincorporated association, a partnership, a trust, a limited 29 liability company, or a nonprofit mutual company which may be 30 empowered, among other things, to borrow money by issuing 31 bonds or by incurring other indebtedness and to accumulate 55 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 reserves or funds to be used for the payment of insured 2 catastrophe losses. The plan may authorize all actions 3 necessary to facilitate the issuance of bonds, including the 4 pledging of assessments or other revenues. 5 b. Any entity created under this subsection, or any 6 entity formed for the purposes of this subsection, may sue and 7 be sued, may borrow money; issue bonds, notes, or debt 8 instruments; pledge or sell assessments, market equalization 9 surcharges and other surcharges, rights, premiums, contractual 10 rights, projected recoveries from the Florida Hurricane 11 Catastrophe Fund, other reinsurance recoverables, and other 12 assets as security for such bonds, notes, or debt instruments; 13 enter into any contracts or agreements necessary or proper to 14 accomplish such borrowings; and take other actions necessary 15 to carry out the purposes of this subsection. The association 16 may issue bonds or incur other indebtedness, or have bonds 17 issued on its behalf by a unit of local government pursuant to 18 subparagraph (g)2., in the absence of a hurricane or other 19 weather-related event, upon a determination by the association 20 subject to approval by the department that such action would 21 enable it to efficiently meet the financial obligations of the 22 association and that such financings are reasonably necessary 23 to effectuate the requirements of this subsection. Any such 24 entity may accumulate reserves and retain surpluses as of the 25 end of any association year to provide for the payment of 26 losses incurred by the association during that year or any 27 future year. The association shall incorporate and continue 28 the plan of operation and articles of agreement in effect on 29 the effective date of chapter 76-96, Laws of Florida, to the 30 extent that it is not inconsistent with chapter 76-96, and as 31 subsequently modified consistent with chapter 76-96. The board 56 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 of directors and officers currently serving shall continue to 2 serve until their successors are duly qualified as provided 3 under the plan. The assets and obligations of the plan in 4 effect immediately prior to the effective date of chapter 5 76-96 shall be construed to be the assets and obligations of 6 the successor plan created herein. 7 c. In recognition of s. 10, Art. I of the State 8 Constitution, prohibiting the impairment of obligations of 9 contracts, it is the intent of the Legislature that no action 10 be taken whose purpose is to impair any bond indenture or 11 financing agreement or any revenue source committed by 12 contract to such bond or other indebtedness issued or incurred 13 by the association or any other entity created under this 14 subsection. 15 7. On such coverage, an agent's remuneration shall be 16 that amount of money payable to the agent by the terms of his 17 or her contract with the company with which the business is 18 placed. However, no commission will be paid on that portion of 19 the premium which is in excess of the standard premium of that 20 company. 21 8. Subject to approval by the department, the 22 association may establish different eligibility requirements 23 and operational procedures for any line or type of coverage 24 for any specified eligible area or portion of an eligible area 25 if the board determines that such changes to the eligibility 26 requirements and operational procedures are justified due to 27 the voluntary market being sufficiently stable and competitive 28 in such area or for such line or type of coverage and that 29 consumers who, in good faith, are unable to obtain insurance 30 through the voluntary market through ordinary methods would 31 continue to have access to coverage from the association. When 57 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 coverage is sought in connection with a real property 2 transfer, such requirements and procedures shall not provide 3 for an effective date of coverage later than the date of the 4 closing of the transfer as established by the transferor, the 5 transferee, and, if applicable, the lender. 6 9. Notwithstanding any other provision of law: 7 a. The pledge or sale of, the lien upon, and the 8 security interest in any rights, revenues, or other assets of 9 the association created or purported to be created pursuant to 10 any financing documents to secure any bonds or other 11 indebtedness of the association shall be and remain valid and 12 enforceable, notwithstanding the commencement of and during 13 the continuation of, and after, any rehabilitation, 14 insolvency, liquidation, bankruptcy, receivership, 15 conservatorship, reorganization, or similar proceeding against 16 the association under the laws of this state or any other 17 applicable laws. 18 b. No such proceeding shall relieve the association of 19 its obligation, or otherwise affect its ability to perform its 20 obligation, to continue to collect, or levy and collect, 21 assessments, market equalization or other surcharges, 22 projected recoveries from the Florida Hurricane Catastrophe 23 Fund, reinsurance recoverables, or any other rights, revenues, 24 or other assets of the association pledged. 25 c. Each such pledge or sale of, lien upon, and 26 security interest in, including the priority of such pledge, 27 lien, or security interest, any such assessments, emergency 28 assessments, market equalization or renewal surcharges, 29 projected recoveries from the Florida Hurricane Catastrophe 30 Fund, reinsurance recoverables, or other rights, revenues, or 31 other assets which are collected, or levied and collected, 58 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 after the commencement of and during the pendency of or after 2 any such proceeding shall continue unaffected by such 3 proceeding. 4 d. As used in this subsection, the term "financing 5 documents" means any agreement, instrument, or other document 6 now existing or hereafter created evidencing any bonds or 7 other indebtedness of the association or pursuant to which any 8 such bonds or other indebtedness has been or may be issued and 9 pursuant to which any rights, revenues, or other assets of the 10 association are pledged or sold to secure the repayment of 11 such bonds or indebtedness, together with the payment of 12 interest on such bonds or such indebtedness, or the payment of 13 any other obligation of the association related to such bonds 14 or indebtedness. 15 e. Any such pledge or sale of assessments, revenues, 16 contract rights or other rights or assets of the association 17 shall constitute a lien and security interest, or sale, as the 18 case may be, that is immediately effective and attaches to 19 such assessments, revenues, contract, or other rights or 20 assets, whether or not imposed or collected at the time the 21 pledge or sale is made. Any such pledge or sale is effective, 22 valid, binding, and enforceable against the association or 23 other entity making such pledge or sale, and valid and binding 24 against and superior to any competing claims or obligations 25 owed to any other person or entity, including policyholders in 26 this state, asserting rights in any such assessments, 27 revenues, contract, or other rights or assets to the extent 28 set forth in and in accordance with the terms of the pledge or 29 sale contained in the applicable financing documents, whether 30 or not any such person or entity has notice of such pledge or 31 sale and without the need for any physical delivery, 59 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 recordation, filing, or other action. 2 f. There shall be no liability on the part of, and no 3 cause of action of any nature shall arise against, any member 4 insurer or its agents or employees, agents or employees of the 5 association, members of the board of directors of the 6 association, or the department or its representatives, for any 7 action taken by them in the performance of their duties or 8 responsibilities under this subsection. Such immunity does not 9 apply to actions for breach of any contract or agreement 10 pertaining to insurance, or any willful tort. 11 Section 4. Except as otherwise provided in this act, 12 this act shall take effect January 1, 2002, except that this 13 section and section 627.351(6)(c)4.b. and (g)3.b., Florida 14 Statutes, as created by this act, shall take effect June 1, 15 2001. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, lines 2-21, 21 remove from the title of the bill: all of said lines, 22 23 and insert in lieu thereof: 24 An act relating to insurance; amending s. 25 627.351, F.S.; renaming the Residential 26 Property and Casualty Joint Underwriting 27 Association as the Citizens Property Insurance 28 Corporation to provide residential and 29 commercial property insurance; requiring 30 insurers writing property insurance to be 31 assessed by the corporation; providing for 60 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 regular and emergency assessments of assessable 2 insureds; providing for dividing the revenues, 3 assets, liabilities, losses, and expenses of 4 the corporation into three accounts; providing 5 for emergency assessments for policyholders of 6 assessable insurers; providing a plan of 7 operation; providing additional duties of the 8 Florida Surplus Lines Service Office; providing 9 for a board of governors; authorizing the 10 Insurance Commissioner to appoint a technical 11 advisory group for certain purposes; providing 12 that the corporation is not required to obtain 13 a certificate of authority from the Department 14 of Insurance; providing that the corporation is 15 not required to be a member of the Florida 16 Insurance Guaranty Association; requiring the 17 corporation to pay assessments pledged by the 18 association to secure bonds to pay covered 19 claims arising from insurer insolvencies caused 20 by hurricane losses; providing for transfer of 21 policies of the association and the Florida 22 Windstorm Underwriting Association to the 23 corporation; providing for a transfer of assets 24 and liabilities; requiring the associations to 25 take actions necessary to further such 26 transfers; providing that such transfers do not 27 affect the coverage of "covered policies"; 28 providing for the redesignation of certain 29 coverage as the high-risk account of the 30 corporation; providing that such account be 31 treated as if it were a separate insurer for 61 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297
HOUSE AMENDMENT Bill No. HB 1643 Amendment No. 1 (for drafter's use only) 1 certain purposes; providing that the personal 2 lines and commercial lines accounts be treated 3 as a single insurer for certain purposes; 4 providing that the department may postpone the 5 October 1, 2001, effective date of transfer 6 under the act; providing legislative intent not 7 to interfere with the rights of creditors, to 8 preserve the obligations of the association, 9 and to assure that outstanding financing 10 agreements pass unchanged to the corporation; 11 amending s. 631.55, F.S.; creating a medical 12 malpractice account within the Florida 13 Insurance Guaranty Association; amending s. 14 627.351, F.S.; eliminating the provisions 15 making a risk no longer eligible for coverage 16 in the Florida Windstorm Underwriting 17 Association if an offer of coverage is made by 18 an authorized insurer; providing effective 19 dates. 20 21 22 23 24 25 26 27 28 29 30 31 62 File original & 9 copies 04/20/01 hin0002 12:48 pm 01643-in -484297