Senate Bill sb2060e1

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  1                      A bill to be entitled

  2         An act relating to the Department of Insurance;

  3         amending ss. 624.3161, 626.171, F.S.; directing

  4         the department to adopt rules relating to

  5         market conduct examinations and license

  6         applications; amending s. 626.9541, F.S.;

  7         revising provisions relating to unfair

  8         competition and deceptive practices; creating

  9         626.9552, F.S.; providing standards for single

10         interest insurance; amending s. 627.062, F.S.;

11         providing for filing forms for rate standards;

12         amending s. 627.0625, F.S.; authorizing the

13         department to adopt rules relating to

14         third-party claimants; amending s. 627.0651,

15         F.S.; prohibiting motor vehicle insurers from

16         imposing a surcharge or a discount due to

17         certain factors; creating s. 627.385, F.S.;

18         providing rules of conduct for residual market

19         board members; creating s. 627.4065, F.S.;

20         providing for notice of right to return health

21         insurance policies; creating s. 627.41345,

22         F.S.; prohibiting an insurer or agent from

23         issuing or signing certain certificates of

24         insurance; providing that the terms of the

25         policy control in case of conflict; amending s.

26         627.7015, F.S.; defining the term "claim" for

27         purposes of alternative procedures for

28         resolving disputed property insurance claims;

29         amending s. 627.7276, F.S.; providing for

30         notice of coverage of automobile policies;

31         creating s. 627.795, F.S.; providing guidelines


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  1         for title insurance policies; amending s.

  2         627.918, F.S.; directing the department to

  3         adopt rules relating to reporting formats;

  4         amending s. 641.31, F.S.; specifying

  5         reimbursement for emergency services under

  6         health maintenance organization contracts;

  7         amending s. 641.3108, F.S.; requiring health

  8         maintenance organizations to provide certain

  9         information to subscriber groups whose contract

10         is not renewed for certain reasons; amending s.

11         631.55, F.S.; creating a medical malpractice

12         account within the Florida Insurance Guaranty

13         Association; amending s. 627.351, F.S.;

14         increasing the qualifying statutory surplus

15         amount for the Florida Windstorm Underwriting

16         Association Limited Apportionment Status;

17         providing an effective date.

18

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

20

21         Section 1.  Subsection (6) is added to section

22  624.3161, Florida Statutes, to read:

23         624.3161  Market conduct examinations.--

24         (6)  The department shall adopt rules as necessary to

25  effectuate the market conduct examination process, to assure

26  compliance by the person examined with the applicable

27  provisions of the Insurance Code. Such rules shall not exceed

28  the authority of the statutes involved in the market conduct

29  examination.

30         Section 2.  Subsection (8) is added to section 626.171,

31  Florida Statutes, to read:


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  1         626.171  Application for license.--

  2         (8)  The department shall adopt rules to effectuate the

  3  license application process, including photo identification,

  4  background checks and credit reports, prelicensing courses,

  5  the impact of criminal and law enforcement history, and other

  6  relevant information in an effort to determine an applicant's

  7  fitness and trustworthiness to engage in the business of

  8  insurance.

  9         Section 3.  Paragraphs (n) and (o) of subsection (1) of

10  section 626.9541, Florida Statutes, are amended to read:

11         626.9541  Unfair methods of competition and unfair or

12  deceptive acts or practices defined.--

13         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

14  DECEPTIVE ACTS.--The following are defined as unfair methods

15  of competition and unfair or deceptive acts or practices:

16         (n)  Free insurance prohibited.--

17         1.  Advertising, offering, or providing free insurance

18  as an inducement to the purchase or sale of real or personal

19  property or of services directly or indirectly connected with

20  such real or personal property.

21         2.  For the purposes of this paragraph, "free"

22  insurance is:

23         a.  Insurance for which no identifiable and additional

24  charge is made to the purchaser of such real property,

25  personal property, or services.

26         b.  Insurance for which an identifiable or additional

27  charge is made in an amount less than the cost of such

28  insurance as to the seller or other person, other than the

29  insurer, providing the same.

30         3.  Subparagraphs 1. and 2. do not apply to:

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  1         a.  Insurance of, loss of, or damage to the real or

  2  personal property involved in any such sale or services, under

  3  a policy covering the interests therein of the seller or

  4  vendor.

  5         b.  Blanket disability insurance as defined in s.

  6  627.659.

  7         c.  Credit life insurance or credit disability

  8  insurance.

  9         d.  Any individual, isolated, nonrecurring unadvertised

10  transaction not in the regular course of business.

11         e.  Title insurance.

12         f.  Any purchase agreement involving the purchase of a

13  cemetery lot or lots in which, under stated conditions, any

14  balance due is forgiven upon the death of the purchaser.

15         g.  Life insurance, trip cancellation insurance, or

16  lost baggage insurance offered by a travel agency as part of a

17  travel package offered by and booked through the agency.

18         h.  Third-party payor programs approved by the

19  department.

20         4.  Using the word "free" or words which imply the

21  provision of insurance without a cost to describe life or

22  disability insurance, in connection with the advertising or

23  offering for sale of any kind of goods, merchandise, or

24  services.

25         (o)  Illegal dealings in premiums; excess or reduced

26  charges for insurance.--

27         1.  Knowingly collecting any sum as a premium or charge

28  for insurance, which is not then provided, or is not in due

29  course to be provided, subject to acceptance of the risk by

30  the insurer, by an insurance policy issued by an insurer as

31  permitted by this code.


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  1         2.  Knowingly collecting as a premium or charge for

  2  insurance any sum in excess of or less than the premium or

  3  charge applicable to such insurance, in accordance with the

  4  applicable classifications and rates as filed with and

  5  approved by the department, and as specified in the policy;

  6  or, in cases when classifications, premiums, or rates are not

  7  required by this code to be so filed and approved, premiums

  8  and charges in excess of or less than those specified in the

  9  policy and as fixed by the insurer.  This provision shall not

10  be deemed to prohibit the charging and collection, by surplus

11  lines agents licensed under part VIII of this chapter, of the

12  amount of applicable state and federal taxes, or fees as

13  authorized by s. 626.916(4), in addition to the premium

14  required by the insurer or the charging and collection, by

15  licensed agents, of the exact amount of any discount or other

16  such fee charged by a credit card facility in connection with

17  the use of a credit card, as authorized by subparagraph (q)3.,

18  in addition to the premium required by the insurer. This

19  subparagraph shall not be construed to prohibit collection of

20  a premium for a universal life or a variable or indeterminate

21  value insurance policy made in accordance with the terms of

22  the contract.

23         3.a.  Imposing or requesting an additional premium for

24  a policy of motor vehicle liability, personal injury

25  protection, medical payment, or collision insurance or any

26  combination thereof or refusing to renew the policy solely

27  because the insured was involved in a motor vehicle accident

28  unless the insurer's file contains information from which the

29  insurer in good faith determines that the insured was

30  substantially at fault in the accident.

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  1         b.  An insurer which imposes and collects such a

  2  surcharge or which refuses to renew such policy shall, in

  3  conjunction with the notice of premium due or notice of

  4  nonrenewal, notify the named insured that he or she is

  5  entitled to reimbursement of such amount or renewal of the

  6  policy under the conditions listed below and will subsequently

  7  reimburse him or her or renew the policy, if the named insured

  8  demonstrates that the operator involved in the accident was:

  9         (I)  Lawfully parked;

10         (II)  Reimbursed by, or on behalf of, a person

11  responsible for the accident or has a judgment against such

12  person;

13         (III)  Struck in the rear by another vehicle headed in

14  the same direction and was not convicted of a moving traffic

15  violation in connection with the accident;

16         (IV)  Hit by a "hit-and-run" driver, if the accident

17  was reported to the proper authorities within 24 hours after

18  discovering the accident;

19         (V)  Not convicted of a moving traffic violation in

20  connection with the accident, but the operator of the other

21  automobile involved in such accident was convicted of a moving

22  traffic violation;

23         (VI)  Finally adjudicated not to be liable by a court

24  of competent jurisdiction;

25         (VII)  In receipt of a traffic citation which was

26  dismissed or nolle prossed; or

27         (VIII)  Not at fault as evidenced by a written

28  statement from the insured establishing facts demonstrating

29  lack of fault which are not rebutted by information in the

30  insurer's file from which the insurer in good faith determines

31  that the insured was substantially at fault.


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  1         c.  In addition to the other provisions of this

  2  subparagraph, an insurer may not fail to renew a policy if the

  3  insured has had only one accident in which he or she was at

  4  fault within the current 3-year period. However, an insurer

  5  may nonrenew a policy for reasons other than accidents in

  6  accordance with s. 627.728. This subparagraph does not

  7  prohibit nonrenewal of a policy under which the insured has

  8  had three or more accidents, regardless of fault, during the

  9  most recent 3-year period.

10         4.  Imposing or requesting an additional premium for,

11  or refusing to renew, a policy for motor vehicle insurance

12  solely because the insured committed a noncriminal traffic

13  infraction as described in s. 318.14 unless the infraction is:

14         a.  A second infraction committed within an 18-month

15  period, or a third or subsequent infraction committed within a

16  36-month period.

17         b.  A violation of s. 316.183, when such violation is a

18  result of exceeding the lawful speed limit by more than 15

19  miles per hour.

20         5.  Upon the request of the insured, the insurer and

21  licensed agent shall supply to the insured the complete proof

22  of fault or other criteria which justifies the additional

23  charge or cancellation.

24         6.  No insurer shall impose or request an additional

25  premium for motor vehicle insurance, cancel or refuse to issue

26  a policy, or refuse to renew a policy because the insured or

27  the applicant is a handicapped or physically disabled person,

28  so long as such handicap or physical disability does not

29  substantially impair such person's mechanically assisted

30  driving ability.

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  1         7.  No insurer may cancel or otherwise terminate any

  2  insurance contract or coverage, or require execution of a

  3  consent to rate endorsement, during the stated policy term for

  4  the purpose of offering to issue, or issuing, a similar or

  5  identical contract or coverage to the same insured with the

  6  same exposure at a higher premium rate or continuing an

  7  existing contract or coverage with the same exposure at an

  8  increased premium.

  9         8.  No insurer may issue a nonrenewal notice on any

10  insurance contract or coverage, or require execution of a

11  consent to rate endorsement, for the purpose of offering to

12  issue, or issuing, a similar or identical contract or coverage

13  to the same insured at a higher premium rate or continuing an

14  existing contract or coverage at an increased premium without

15  meeting any applicable notice requirements.

16         9.  No insurer shall, with respect to premiums charged

17  for motor vehicle insurance, unfairly discriminate solely on

18  the basis of age, sex, marital status, location of the risk,

19  accidents more than 3 years old, or scholastic achievement.

20         10.  Imposing or requesting an additional premium for

21  motor vehicle comprehensive or uninsured motorist coverage

22  solely because the insured was involved in a motor vehicle

23  accident or was convicted of a moving traffic violation.

24         11.  No insurer shall cancel or issue a nonrenewal

25  notice on any insurance policy or contract without complying

26  with any applicable cancellation or nonrenewal provision

27  required under the Florida Insurance Code.

28         12.  No insurer shall impose or request an additional

29  premium, cancel a policy, or issue a nonrenewal notice on any

30  insurance policy or contract because of any traffic infraction

31  when adjudication has been withheld and no points have been


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  1  assessed pursuant to s. 318.14(9) and (10).  However, this

  2  subparagraph does not apply to traffic infractions involving

  3  accidents in which the insurer has incurred a loss due to the

  4  fault of the insured.

  5         Section 4.  Section 626.9552, Florida Statutes, is

  6  created to read:

  7         626.9552  Single interest insurance.--

  8         (1)  When single interest insurance is written at the

  9  expense of the purchaser or borrower in connection with a

10  finance or loan transaction, a clear and concise statement

11  must be furnished the purchaser or borrower advising the

12  purchaser or borrower that the insurance effected is solely

13  for the interest of the financing entity, and that no

14  protection thereunder exists for the benefit of the purchaser

15  or borrower. When single interest insurance is written, no

16  effort may be made by the insurer to recover the amount of any

17  payment from the borrower. Single interest insurance policies

18  must be clearly stamped or printed on the declarations page,

19  "Single Interest Only----No Subrogation." Single interest

20  insurance is to be placed only after it has been determined

21  that no other kind of insurance can be placed on the risk,

22  except with the consent of the purchaser or borrower. Single

23  interest may be written in cases of inland marine installment

24  sales floater policies. If insurance cannot be obtained for

25  the dual protection of the purchaser or borrower, and the

26  seller or lender or financing entity for all the coverages

27  contemplated, or if obtained, is canceled by the insurer

28  before expiration, the seller or lender or financing entity

29  may obtain insurance to protect his or her interest in the

30  motor vehicle or other personal property, and the purchaser or

31  borrower may be required to pay the cost thereof. In such


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  1  event the seller or lender or financing entity shall promptly

  2  notify the purchaser or borrower that such insurance cannot be

  3  obtained, or has been canceled, and credit to the purchaser or

  4  borrower the difference between the amount charged for dual

  5  protection insurance and the actual cost of such single

  6  interest insurance, less, in the event of cancellation, the

  7  earned premium on the dual interest insurance for the period

  8  it was in force. If the purchaser or borrower procures

  9  acceptable dual interest insurance within 30 days after the

10  date of such notice and provides the seller or lender, or

11  finance entity with evidence that the premium therefore has

12  been paid, there is no charge to him or her for the single

13  interest coverage. As used in this section, the term

14  "financing entity" means a finance company, bank, or other

15  lending institution. However, those lenders licensed under the

16  Consumer Finance Act, chapter 516, must provide coverage

17  issued in the name of the borrower containing the customary

18  mortgagee or loss payee clause.

19         (2)  If a certificate is issued under a master policy,

20  the same coverage as provided in an individual policy will

21  apply.

22         (3)  The provisions of this section do not apply to

23  title insurance as defined in s. 624.608.

24         Section 5.  Paragraph (a) of subsection (2) of section

25  627.062, Florida Statutes, is amended to read:

26         627.062  Rate standards.--

27         (2)  As to all such classes of insurance:

28         (a)  Insurers or rating organizations shall establish

29  and use rates, rating schedules, or rating manuals to allow

30  the insurer a reasonable rate of return on such classes of

31  insurance written in this state. Copies A copy of rates,


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  1  rating schedules, rating manuals, premium credits or discount

  2  schedules, and surcharge schedules, and changes thereto, shall

  3  be filed with the department under one of the following

  4  procedures:

  5         1.  If the filing is made at least 90 days before the

  6  proposed effective date and the filing is not implemented

  7  during the department's review of the filing and any

  8  proceeding and judicial review, then such filing shall be

  9  considered a "file and use" filing.  In such case, the

10  department shall finalize its review by issuance of a notice

11  of intent to approve or a notice of intent to disapprove

12  within 90 days after receipt of the filing. The notice of

13  intent to approve and the notice of intent to disapprove

14  constitute agency action for purposes of the Administrative

15  Procedure Act. Requests for supporting information, requests

16  for mathematical or mechanical corrections, or notification to

17  the insurer by the department of its preliminary findings

18  shall not toll the 90-day period during any such proceedings

19  and subsequent judicial review. The rate shall be deemed

20  approved if the department does not issue a notice of intent

21  to approve or a notice of intent to disapprove within 90 days

22  after receipt of the filing.

23         2.  If the filing is not made in accordance with the

24  provisions of subparagraph 1., such filing shall be made as

25  soon as practicable, but no later than 30 days after the

26  effective date, and shall be considered a "use and file"

27  filing.  An insurer making a "use and file" filing is

28  potentially subject to an order by the department to return to

29  policyholders portions of rates found to be excessive, as

30  provided in paragraph (h).

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  1         Section 6.  Subsection (4) is added to section

  2  627.0625, Florida Statutes, to read:

  3         627.0625  Commercial property and casualty risk

  4  management plans.--

  5         (4)  Commercial motor vehicle policies that are issued

  6  to satisfy mandatory financial responsibility requirements of

  7  a state or local government must provide first dollar coverage

  8  to third-party claimants without a deductible. With respect to

  9  such practices, the department may adopt rules necessary to

10  assure that claims are administered fairly as required by law.

11         Section 7.  Subsection (8) of section 627.0651, Florida

12  Statutes, is amended to read:

13         627.0651  Making and use of rates for motor vehicle

14  insurance.--

15         (8)  Rates are not unfairly discriminatory if averaged

16  broadly among members of a group; nor are rates unfairly

17  discriminatory even though they are lower than rates for

18  nonmembers of the group.  However, such rates are unfairly

19  discriminatory if they are not actuarially measurable and

20  credible and sufficiently related to actual or expected loss

21  and expense experience of the group so as to assure that

22  nonmembers of the group are not unfairly discriminated

23  against. Use of a single United States Postal Service zip code

24  as a rating territory shall be deemed unfairly discriminatory.

25  An insurer may not impose a surcharge or discount for

26  liability coverages based on the type of vehicle without

27  providing acceptable actuarial justification.

28         Section 8.  Section 627.385, Florida Statutes, is

29  created to read:

30         627.385  Conduct of residual market board members.--

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  1         (1)(a)  For various insurance coverages, a residual

  2  market has been created by legislation to provide a market of

  3  last resort for individuals unable to secure coverage in the

  4  voluntary market.

  5         (b)  Each residual market's enabling legislation calls

  6  for the establishment of a board of governors or directors

  7  that operates subject to a plan of operation. The board, in

  8  carrying out its obligations, must engage in business

  9  transactions in order to provide and administer the required

10  coverage and maintain adequate funds to support the plan. In

11  order for the board to fully execute its responsibilities

12  required by law, conflict of interest or inappropriate

13  activity by board members, or the appearance thereof, with

14  regard to member insurers or policyholders of the residual

15  market mechanism must be avoided. The Legislature has

16  determined that the provisions set forth in subsection (2) are

17  necessary to protect the public interest by ensuring fair,

18  reasonable, and beneficial board practice and activity.

19         (c)  This section applies to the Florida Medical

20  Malpractice Joint Underwriting Association, the Florida

21  Automobile Joint Underwriting Association, the Florida

22  Workers' Compensation Joint Underwriting Association, the

23  Florida Comprehensive Health Association, the Florida

24  Windstorm Underwriting Association, the Florida Property and

25  Casualty Joint Underwriting Association, the Florida

26  Residential Property and Casualty Joint Underwriting

27  Association, and the board members thereof.

28         (2)  To ensure that the board is free from potential

29  conflict or inappropriate behavior the following are adopted

30  in the plan of operation of the subject residual market in

31  this state.


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  1         (a)  A board member may not act as a servicing carrier

  2  or administering entity for the subject plan, other than a

  3  claim adjustment contract open to all members of the plan.

  4         (b)  A board member or board member representative may

  5  not use his or her position to foster or facilitate any

  6  special pecuniary gain for himself or herself, his or her

  7  member company, or any other entity in which the board member

  8  or board member representative or the member company has a

  9  substantial financial interest, except as otherwise provided

10  in paragraph (a).

11         (c)  A board member or board member representative may

12  not use his or her position on the board to secure or promote

13  any business relationship from which he or she may derive a

14  financial gain.

15         (d)  A board member or designee may not receive any

16  gift or gratuity, except as provided in s. 112.3248, other

17  than meals, while acting in his or her capacity as a board

18  member.

19         (3)  Board members and board member representatives

20  shall maintain reasonable board expenses based on state travel

21  policy as set forth in s. 112.061. The board shall develop a

22  detailed policy regarding board member travel, which policy

23  must be based on s. 112.061 and is subject to the approval of

24  the department.

25         Section 9.  Section 627.4065, Florida Statutes, is

26  created to read:

27         627.4065  Insured's right to return policy; notice.--A

28  health insurance policy issued or issued for delivery in this

29  state must have printed or stamped thereon or attached thereto

30  a notice in a prominent place stating in substance that the

31  policyholder may return the policy to the insurer within 10


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  1  days after its delivery and may have the premium paid refunded

  2  if, after examination of the policy or contract, the

  3  policyholder is not satisfied with it for any reason. The

  4  notice must provide that if the policyholder, pursuant to such

  5  notice, returns the policy or contract to the insurer at its

  6  home office or branch office or to the agent through whom it

  7  was purchased, it is considered void from the beginning and

  8  the parties are in the same position as if no policy or

  9  contract had been issued. This section does not apply to group

10  policies, single premium nonrenewable policies or travel

11  accident policies.

12         Section 10.  Section 627.41345, Florida Statutes, is

13  created to read:

14         627.41345  Certificate of insurance.--An insurer or

15  agent may not issue or sign a certificate of insurance that

16  contains terms or conditions that differ from those in the

17  policy under which the certificate of insurance is issued. In

18  the event of a conflict, the terms of the policy under which

19  the certificate of insurance is issued shall control.

20         Section 11.  Subsection (9) is added to section

21  627.7015, Florida Statutes, to read:

22         627.7015  Alternative procedure for resolution of

23  disputed property insurance claims.--

24         (9)  For purposes of this section, the term "claim"

25  refers to any dispute between an insurer and an insured

26  relating to a material issue of fact other than a dispute:

27         (a)  With respect to which the insurer has a reasonable

28  basis to suspect fraud;

29         (b)  Where, based on agreed-upon facts as to the cause

30  of loss, there is no coverage under the policy;

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  1         (c)  With respect to which the insurer has a reasonable

  2  basis to believe that the claimant has intentionally made a

  3  material misrepresentation of fact which is relevant to the

  4  claim, and the entire request for payment of a loss has been

  5  denied on the basis of the material misrepresentation; or

  6         (d)  Where the amount in controversy is less than $500,

  7  unless the parties agree to mediate a dispute involving a

  8  lesser amount.

  9         Section 12.  Section 627.7276, Florida Statutes, is

10  amended to read:

11         627.7276  Notice of limited coverage.--

12         (1)  The following notice of limited coverage shall An

13  automobile policy that does not contain coverage for bodily

14  injury and property damage must be clearly stamped or printed

15  on any automobile insurance policy that provides coverage only

16  for first-party damage to the insured vehicle, but does not

17  provide coverage for bodily injury liability, property damage

18  liability, or personal injury protection to the effect that

19  such coverage is not included in the policy in the following

20  manner:

21

22         "THIS POLICY DOES NOT PROVIDE BODILY INJURY

23         LIABILITY, AND PROPERTY DAMAGE LIABILITY, OR

24         PERSONAL INJURY PROTECTION INSURANCE OR ANY

25         OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM

26         CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH

27         ANY FINANCIAL RESPONSIBILITY LAW OR WITH THE

28         FLORIDA MOTOR VEHICLE NO-FAULT LAW."

29

30         (2)  This legend must appear on the policy declaration

31  page and on the filing back of the policy and be printed in a


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  1  contrasting color from that used on the policy and in type

  2  larger than the largest type used in the text thereof, as an

  3  overprint or by a rubber stamp impression.

  4         Section 13.  Section 627.795, Florida Statutes, is

  5  created to read:

  6         627.795  Policy exceptions.--

  7         (1)  A title insurance commitment must be issued on all

  8  real estate closing transactions when a title insurance policy

  9  is to be issued, except for multiple conveyances on the same

10  property such as timesharing.

11         (2)  A gap exception may not be deleted on a commitment

12  until the time of closing.

13         Section 14.  Subsection (1) of section 627.918, Florida

14  Statutes, is amended to read:

15         627.918  Reporting formats.--

16         (1)  The department shall require that the reporting

17  provided for in this part be made on forms adopted established

18  by the department or in a format compatible with the

19  department's its electronic data processing equipment. The

20  department shall adopt by rule standards for such approval.

21         Section 15.  Subsection (12) of section 641.31, Florida

22  Statutes, is amended to read:

23         641.31  Health maintenance contracts.--

24         (12)  Each health maintenance contract, certificate, or

25  member handbook shall state that emergency services and care

26  shall be provided to subscribers in emergency situations not

27  permitting treatment through the health maintenance

28  organization's providers, without prior notification to and

29  approval of the organization. Reimbursement for covered

30  services and supplies under this section shall be governed by

31  the provisions of s. 641.513(5), up to the subscriber contract


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    CS for SB 2060                                 First Engrossed



  1  benefit limits. Not less than 75 percent of the reasonable

  2  charges for covered services and supplies shall be paid by the

  3  organization, up to the subscriber contract benefit limits.

  4  Payment also may be subject to additional applicable copayment

  5  provisions, not to exceed $100 per claim. The health

  6  maintenance contract, certificate, or member handbook shall

  7  contain the definitions of "emergency services and care" and

  8  "emergency medical condition" as specified in s. 641.19(7) and

  9  (8), shall describe procedures for determination by the health

10  maintenance organization of whether the services qualify for

11  reimbursement as emergency services and care, and shall

12  contain specific examples of what does constitute an

13  emergency. In providing for emergency services and care as a

14  covered service, a health maintenance organization shall be

15  governed by s. 641.513.

16         Section 16.  Subsection (3) of section 641.3108,

17  Florida Statutes, is amended to read:

18         641.3108  Notice of cancellation of contract.--

19         (3)  In the case of a health maintenance contract

20  issued to an employer or person holding the contract on behalf

21  of the subscriber group, the health maintenance organization

22  may make the notification through the employer or group

23  contract holder, and, if the health maintenance organization

24  elects to take this action through the employer or group

25  contract holder, the organization shall be deemed to have

26  complied with the provisions of this section upon notifying

27  the employer or group contract holder of the requirements of

28  this section and requesting the employer or group contract

29  holder to forward to all subscribers the notice required

30  herein. If a subscriber group contract is not renewed due to

31  claim experience, the subscriber group is entitled to receive


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    CS for SB 2060                                 First Engrossed



  1  information concerning its loss ratio. If requested by a

  2  subscriber group, a detailed claim experience record may be

  3  provided at a reasonable expense. The record shall maintain

  4  subscriber confidentiality.

  5         Section 17.  Subsection (2) of section 631.55, Florida

  6  Statutes, is amended to read:

  7         631.55  Creation of the association.--

  8         (2)  For the purposes of administration and assessment,

  9  the association shall be divided into four three separate

10  accounts:

11         (a)  The auto liability account;

12         (b)  The auto physical damage account; and

13         (c)  The medical malpractice account; and

14         (d)(c)  The account for all other insurance to which

15  this part applies.

16         Section 18.  Paragraph (b) of subsection (2) of section

17  627.351, Florida Statutes, is amended to read:

18         627.351  Insurance risk apportionment plans.--

19         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

20         (b)  The department shall require all insurers holding

21  a certificate of authority to transact property insurance on a

22  direct basis in this state, other than joint underwriting

23  associations and other entities formed pursuant to this

24  section, to provide windstorm coverage to applicants from

25  areas determined to be eligible pursuant to paragraph (c) who

26  in good faith are entitled to, but are unable to procure, such

27  coverage through ordinary means; or it shall adopt a

28  reasonable plan or plans for the equitable apportionment or

29  sharing among such insurers of windstorm coverage, which may

30  include formation of an association for this purpose. As used

31  in this subsection, the term "property insurance" means


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    CS for SB 2060                                 First Engrossed



  1  insurance on real or personal property, as defined in s.

  2  624.604, including insurance for fire, industrial fire, allied

  3  lines, farmowners multiperil, homeowners' multiperil,

  4  commercial multiperil, and mobile homes, and including

  5  liability coverages on all such insurance, but excluding

  6  inland marine as defined in s. 624.607(3) and excluding

  7  vehicle insurance as defined in s. 624.605(1)(a) other than

  8  insurance on mobile homes used as permanent dwellings. The

  9  department shall adopt rules that provide a formula for the

10  recovery and repayment of any deferred assessments.

11         1.  For the purpose of this section, properties

12  eligible for such windstorm coverage are defined as dwellings,

13  buildings, and other structures, including mobile homes which

14  are used as dwellings and which are tied down in compliance

15  with mobile home tie-down requirements prescribed by the

16  Department of Highway Safety and Motor Vehicles pursuant to s.

17  320.8325, and the contents of all such properties. An

18  applicant or policyholder is eligible for coverage only if an

19  offer of coverage cannot be obtained by or for the applicant

20  or policyholder from an admitted insurer at approved rates.

21         2.a.(I)  All insurers required to be members of such

22  association shall participate in its writings, expenses, and

23  losses. Surplus of the association shall be retained for the

24  payment of claims and shall not be distributed to the member

25  insurers. Such participation by member insurers shall be in

26  the proportion that the net direct premiums of each member

27  insurer written for property insurance in this state during

28  the preceding calendar year bear to the aggregate net direct

29  premiums for property insurance of all member insurers, as

30  reduced by any credits for voluntary writings, in this state

31  during the preceding calendar year. For the purposes of this


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    CS for SB 2060                                 First Engrossed



  1  subsection, the term "net direct premiums" means direct

  2  written premiums for property insurance, reduced by premium

  3  for liability coverage and for the following if included in

  4  allied lines: rain and hail on growing crops; livestock;

  5  association direct premiums booked; National Flood Insurance

  6  Program direct premiums; and similar deductions specifically

  7  authorized by the plan of operation and approved by the

  8  department. A member's participation shall begin on the first

  9  day of the calendar year following the year in which it is

10  issued a certificate of authority to transact property

11  insurance in the state and shall terminate 1 year after the

12  end of the calendar year during which it no longer holds a

13  certificate of authority to transact property insurance in the

14  state. The commissioner, after review of annual statements,

15  other reports, and any other statistics that the commissioner

16  deems necessary, shall certify to the association the

17  aggregate direct premiums written for property insurance in

18  this state by all member insurers.

19         (II)  The plan of operation shall provide for a board

20  of directors consisting of the Insurance Consumer Advocate

21  appointed under s. 627.0613, 1 consumer representative

22  appointed by the Insurance Commissioner, 1 consumer

23  representative appointed by the Governor, and 12 additional

24  members appointed as specified in the plan of operation. One

25  of the 12 additional members shall be elected by the domestic

26  companies of this state on the basis of cumulative weighted

27  voting based on the net direct premiums of domestic companies

28  in this state. Nothing in the 1997 amendments to this

29  paragraph terminates the existing board or the terms of any

30  members of the board.

31


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    CS for SB 2060                                 First Engrossed



  1         (III)  The plan of operation shall provide a formula

  2  whereby a company voluntarily providing windstorm coverage in

  3  affected areas will be relieved wholly or partially from

  4  apportionment of a regular assessment pursuant to

  5  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).

  6         (IV)  A company which is a member of a group of

  7  companies under common management may elect to have its

  8  credits applied on a group basis, and any company or group may

  9  elect to have its credits applied to any other company or

10  group.

11         (V)  There shall be no credits or relief from

12  apportionment to a company for emergency assessments collected

13  from its policyholders under sub-sub-subparagraph d.(III).

14         (VI)  The plan of operation may also provide for the

15  award of credits, for a period not to exceed 3 years, from a

16  regular assessment pursuant to sub-sub-subparagraph d.(I) or

17  sub-sub-subparagraph d.(II) as an incentive for taking

18  policies out of the Residential Property and Casualty Joint

19  Underwriting Association.  In order to qualify for the

20  exemption under this sub-sub-subparagraph, the take-out plan

21  must provide that at least 40 percent of the policies removed

22  from the Residential Property and Casualty Joint Underwriting

23  Association cover risks located in Dade, Broward, and Palm

24  Beach Counties or at least 30 percent of the policies so

25  removed cover risks located in Dade, Broward, and Palm Beach

26  Counties and an additional 50 percent of the policies so

27  removed cover risks located in other coastal counties, and

28  must also provide that no more than 15 percent of the policies

29  so removed may exclude windstorm coverage.  With the approval

30  of the department, the association may waive these geographic

31  criteria for a take-out plan that removes at least the lesser


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    CS for SB 2060                                 First Engrossed



  1  of 100,000 Residential Property and Casualty Joint

  2  Underwriting Association policies or 15 percent of the total

  3  number of Residential Property and Casualty Joint Underwriting

  4  Association policies, provided the governing board of the

  5  Residential Property and Casualty Joint Underwriting

  6  Association certifies that the take-out plan will materially

  7  reduce the Residential Property and Casualty Joint

  8  Underwriting Association's 100-year probable maximum loss from

  9  hurricanes.  With the approval of the department, the board

10  may extend such credits for an additional year if the insurer

11  guarantees an additional year of renewability for all policies

12  removed from the Residential Property and Casualty Joint

13  Underwriting Association, or for 2 additional years if the

14  insurer guarantees 2 additional years of renewability for all

15  policies removed from the Residential Property and Casualty

16  Joint Underwriting Association.

17         b.  Assessments to pay deficits in the association

18  under this subparagraph shall be included as an appropriate

19  factor in the making of rates as provided in s. 627.3512.

20         c.  The Legislature finds that the potential for

21  unlimited deficit assessments under this subparagraph may

22  induce insurers to attempt to reduce their writings in the

23  voluntary market, and that such actions would worsen the

24  availability problems that the association was created to

25  remedy. It is the intent of the Legislature that insurers

26  remain fully responsible for paying regular assessments and

27  collecting emergency assessments for any deficits of the

28  association; however, it is also the intent of the Legislature

29  to provide a means by which assessment liabilities may be

30  amortized over a period of years.

31


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    CS for SB 2060                                 First Engrossed



  1         d.(I)  When the deficit incurred in a particular

  2  calendar year is 10 percent or less of the aggregate statewide

  3  direct written premium for property insurance for the prior

  4  calendar year for all member insurers, the association shall

  5  levy an assessment on member insurers in an amount equal to

  6  the deficit.

  7         (II)  When the deficit incurred in a particular

  8  calendar year exceeds 10 percent of the aggregate statewide

  9  direct written premium for property insurance for the prior

10  calendar year for all member insurers, the association shall

11  levy an assessment on member insurers in an amount equal to

12  the greater of 10 percent of the deficit or 10 percent of the

13  aggregate statewide direct written premium for property

14  insurance for the prior calendar year for member insurers. Any

15  remaining deficit shall be recovered through emergency

16  assessments under sub-sub-subparagraph (III).

17         (III)  Upon a determination by the board of directors

18  that a deficit exceeds the amount that will be recovered

19  through regular assessments on member insurers, pursuant to

20  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

21  board shall levy, after verification by the department,

22  emergency assessments to be collected by member insurers and

23  by underwriting associations created pursuant to this section

24  which write property insurance, upon issuance or renewal of

25  property insurance policies other than National Flood

26  Insurance policies in the year or years following levy of the

27  regular assessments. The amount of the emergency assessment

28  collected in a particular year shall be a uniform percentage

29  of that year's direct written premium for property insurance

30  for all member insurers and underwriting associations,

31  excluding National Flood Insurance policy premiums, as


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    CS for SB 2060                                 First Engrossed



  1  annually determined by the board and verified by the

  2  department. The department shall verify the arithmetic

  3  calculations involved in the board's determination within 30

  4  days after receipt of the information on which the

  5  determination was based. Notwithstanding any other provision

  6  of law, each member insurer and each underwriting association

  7  created pursuant to this section shall collect emergency

  8  assessments from its policyholders without such obligation

  9  being affected by any credit, limitation, exemption, or

10  deferment.  The emergency assessments so collected shall be

11  transferred directly to the association on a periodic basis as

12  determined by the association. The aggregate amount of

13  emergency assessments levied under this sub-sub-subparagraph

14  in any calendar year may not exceed the greater of 10 percent

15  of the amount needed to cover the original deficit, plus

16  interest, fees, commissions, required reserves, and other

17  costs associated with financing of the original deficit, or 10

18  percent of the aggregate statewide direct written premium for

19  property insurance written by member insurers and underwriting

20  associations for the prior year, plus interest, fees,

21  commissions, required reserves, and other costs associated

22  with financing the original deficit. The board may pledge the

23  proceeds of the emergency assessments under this

24  sub-sub-subparagraph as the source of revenue for bonds, to

25  retire any other debt incurred as a result of the deficit or

26  events giving rise to the deficit, or in any other way that

27  the board determines will efficiently recover the deficit. The

28  emergency assessments under this sub-sub-subparagraph shall

29  continue as long as any bonds issued or other indebtedness

30  incurred with respect to a deficit for which the assessment

31  was imposed remain outstanding, unless adequate provision has


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    CS for SB 2060                                 First Engrossed



  1  been made for the payment of such bonds or other indebtedness

  2  pursuant to the document governing such bonds or other

  3  indebtedness. Emergency assessments collected under this

  4  sub-sub-subparagraph are not part of an insurer's rates, are

  5  not premium, and are not subject to premium tax, fees, or

  6  commissions; however, failure to pay the emergency assessment

  7  shall be treated as failure to pay premium.

  8         (IV)  Each member insurer's share of the total regular

  9  assessments under sub-sub-subparagraph (I) or

10  sub-sub-subparagraph (II) shall be in the proportion that the

11  insurer's net direct premium for property insurance in this

12  state, for the year preceding the assessment bears to the

13  aggregate statewide net direct premium for property insurance

14  of all member insurers, as reduced by any credits for

15  voluntary writings for that year.

16         (V)  If regular deficit assessments are made under

17  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

18  the Residential Property and Casualty Joint Underwriting

19  Association under sub-subparagraph (6)(b)3.a. or

20  sub-subparagraph (6)(b)3.b., the association shall levy upon

21  the association's policyholders, as part of its next rate

22  filing, or by a separate rate filing solely for this purpose,

23  a market equalization surcharge in a percentage equal to the

24  total amount of such regular assessments divided by the

25  aggregate statewide direct written premium for property

26  insurance for member insurers for the prior calendar year.

27  Market equalization surcharges under this sub-sub-subparagraph

28  are not considered premium and are not subject to commissions,

29  fees, or premium taxes; however, failure to pay a market

30  equalization surcharge shall be treated as failure to pay

31  premium.


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    CS for SB 2060                                 First Engrossed



  1         e.  The governing body of any unit of local government,

  2  any residents of which are insured under the plan, may issue

  3  bonds as defined in s. 125.013 or s. 166.101 to fund an

  4  assistance program, in conjunction with the association, for

  5  the purpose of defraying deficits of the association. In order

  6  to avoid needless and indiscriminate proliferation,

  7  duplication, and fragmentation of such assistance programs,

  8  any unit of local government, any residents of which are

  9  insured by the association, may provide for the payment of

10  losses, regardless of whether or not the losses occurred

11  within or outside of the territorial jurisdiction of the local

12  government. Revenue bonds may not be issued until validated

13  pursuant to chapter 75, unless a state of emergency is

14  declared by executive order or proclamation of the Governor

15  pursuant to s. 252.36 making such findings as are necessary to

16  determine that it is in the best interests of, and necessary

17  for, the protection of the public health, safety, and general

18  welfare of residents of this state and the protection and

19  preservation of the economic stability of insurers operating

20  in this state, and declaring it an essential public purpose to

21  permit certain municipalities or counties to issue bonds as

22  will provide relief to claimants and policyholders of the

23  association and insurers responsible for apportionment of plan

24  losses. Any such unit of local government may enter into such

25  contracts with the association and with any other entity

26  created pursuant to this subsection as are necessary to carry

27  out this paragraph. Any bonds issued under this

28  sub-subparagraph shall be payable from and secured by moneys

29  received by the association from assessments under this

30  subparagraph, and assigned and pledged to or on behalf of the

31  unit of local government for the benefit of the holders of


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    CS for SB 2060                                 First Engrossed



  1  such bonds. The funds, credit, property, and taxing power of

  2  the state or of the unit of local government shall not be

  3  pledged for the payment of such bonds. If any of the bonds

  4  remain unsold 60 days after issuance, the department shall

  5  require all insurers subject to assessment to purchase the

  6  bonds, which shall be treated as admitted assets; each insurer

  7  shall be required to purchase that percentage of the unsold

  8  portion of the bond issue that equals the insurer's relative

  9  share of assessment liability under this subsection. An

10  insurer shall not be required to purchase the bonds to the

11  extent that the department determines that the purchase would

12  endanger or impair the solvency of the insurer. The authority

13  granted by this sub-subparagraph is additional to any bonding

14  authority granted by subparagraph 6.

15         3.  The plan shall also provide that any member with a

16  surplus as to policyholders of $25 $20 million or less writing

17  25 percent or more of its total countrywide property insurance

18  premiums in this state may petition the department, within the

19  first 90 days of each calendar year, to qualify as a limited

20  apportionment company. The apportionment of such a member

21  company in any calendar year for which it is qualified shall

22  not exceed its gross participation, which shall not be

23  affected by the formula for voluntary writings. In no event

24  shall a limited apportionment company be required to

25  participate in any apportionment of losses pursuant to

26  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)

27  in the aggregate which exceeds $50 million after payment of

28  available plan funds in any calendar year. However, a limited

29  apportionment company shall collect from its policyholders any

30  emergency assessment imposed under sub-sub-subparagraph

31  2.d.(III). The plan shall provide that, if the department


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    CS for SB 2060                                 First Engrossed



  1  determines that any regular assessment will result in an

  2  impairment of the surplus of a limited apportionment company,

  3  the department may direct that all or part of such assessment

  4  be deferred. However, there shall be no limitation or

  5  deferment of an emergency assessment to be collected from

  6  policyholders under sub-sub-subparagraph 2.d.(III).

  7         4.  The plan shall provide for the deferment, in whole

  8  or in part, of a regular assessment of a member insurer under

  9  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

10  but not for an emergency assessment collected from

11  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

12  opinion of the commissioner, payment of such regular

13  assessment would endanger or impair the solvency of the member

14  insurer. In the event a regular assessment against a member

15  insurer is deferred in whole or in part, the amount by which

16  such assessment is deferred may be assessed against the other

17  member insurers in a manner consistent with the basis for

18  assessments set forth in sub-sub-subparagraph 2.d.(I) or

19  sub-sub-subparagraph 2.d.(II).

20         5.a.  The plan of operation may include deductibles and

21  rules for classification of risks and rate modifications

22  consistent with the objective of providing and maintaining

23  funds sufficient to pay catastrophe losses.

24         b.  The association may require arbitration of a rate

25  filing under s. 627.062(6). It is the intent of the

26  Legislature that the rates for coverage provided by the

27  association be actuarially sound and not competitive with

28  approved rates charged in the admitted voluntary market such

29  that the association functions as a residual market mechanism

30  to provide insurance only when the insurance cannot be

31  procured in the voluntary market.  The plan of operation shall


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    CS for SB 2060                                 First Engrossed



  1  provide a mechanism to assure that, beginning no later than

  2  January 1, 1999, the rates charged by the association for each

  3  line of business are reflective of approved rates in the

  4  voluntary market for hurricane coverage for each line of

  5  business in the various areas eligible for association

  6  coverage.

  7         c.  The association shall provide for windstorm

  8  coverage on residential properties in limits up to $10 million

  9  for commercial lines residential risks and up to $1 million

10  for personal lines residential risks. If coverage with the

11  association is sought for a residential risk valued in excess

12  of these limits, coverage shall be available to the risk up to

13  the replacement cost or actual cash value of the property, at

14  the option of the insured, if coverage for the risk cannot be

15  located in the authorized market. The association must accept

16  a commercial lines residential risk with limits above $10

17  million or a personal lines residential risk with limits above

18  $1 million if coverage is not available in the authorized

19  market.  The association may write coverage above the limits

20  specified in this subparagraph with or without facultative or

21  other reinsurance coverage, as the association determines

22  appropriate.

23         d.  The plan of operation must provide objective

24  criteria and procedures, approved by the department, to be

25  uniformly applied for all applicants in determining whether an

26  individual risk is so hazardous as to be uninsurable. In

27  making this determination and in establishing the criteria and

28  procedures, the following shall be considered:

29         (I)  Whether the likelihood of a loss for the

30  individual risk is substantially higher than for other risks

31  of the same class; and


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    CS for SB 2060                                 First Engrossed



  1         (II)  Whether the uncertainty associated with the

  2  individual risk is such that an appropriate premium cannot be

  3  determined.

  4

  5  The acceptance or rejection of a risk by the association

  6  pursuant to such criteria and procedures must be construed as

  7  the private placement of insurance, and the provisions of

  8  chapter 120 do not apply.

  9         e.  The policies issued by the association must provide

10  that if the association obtains an offer from an authorized

11  insurer to cover the risk at its approved rates under either a

12  standard policy including wind coverage or, if consistent with

13  the insurer's underwriting rules as filed with the department,

14  a basic policy including wind coverage, the risk is no longer

15  eligible for coverage through the association. Upon

16  termination of eligibility, the association shall provide

17  written notice to the policyholder and agent of record stating

18  that the association policy must be canceled as of 60 days

19  after the date of the notice because of the offer of coverage

20  from an authorized insurer. Other provisions of the insurance

21  code relating to cancellation and notice of cancellation do

22  not apply to actions under this sub-subparagraph.

23         f.  Association policies and applications must include

24  a notice that the association policy could, under this

25  section, be replaced with a policy issued by an authorized

26  insurer that does not provide coverage identical to the

27  coverage provided by the association. The notice shall also

28  specify that acceptance of association coverage creates a

29  conclusive presumption that the applicant or policyholder is

30  aware of this potential.

31


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    CS for SB 2060                                 First Engrossed



  1         6.a.  The plan of operation may authorize the formation

  2  of a private nonprofit corporation, a private nonprofit

  3  unincorporated association, a partnership, a trust, a limited

  4  liability company, or a nonprofit mutual company which may be

  5  empowered, among other things, to borrow money by issuing

  6  bonds or by incurring other indebtedness and to accumulate

  7  reserves or funds to be used for the payment of insured

  8  catastrophe losses. The plan may authorize all actions

  9  necessary to facilitate the issuance of bonds, including the

10  pledging of assessments or other revenues.

11         b.  Any entity created under this subsection, or any

12  entity formed for the purposes of this subsection, may sue and

13  be sued, may borrow money; issue bonds, notes, or debt

14  instruments; pledge or sell assessments, market equalization

15  surcharges and other surcharges, rights, premiums, contractual

16  rights, projected recoveries from the Florida Hurricane

17  Catastrophe Fund, other reinsurance recoverables, and other

18  assets as security for such bonds, notes, or debt instruments;

19  enter into any contracts or agreements necessary or proper to

20  accomplish such borrowings; and take other actions necessary

21  to carry out the purposes of this subsection. The association

22  may issue bonds or incur other indebtedness, or have bonds

23  issued on its behalf by a unit of local government pursuant to

24  subparagraph (g)2., in the absence of a hurricane or other

25  weather-related event, upon a determination by the association

26  subject to approval by the department that such action would

27  enable it to efficiently meet the financial obligations of the

28  association and that such financings are reasonably necessary

29  to effectuate the requirements of this subsection. Any such

30  entity may accumulate reserves and retain surpluses as of the

31  end of any association year to provide for the payment of


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    CS for SB 2060                                 First Engrossed



  1  losses incurred by the association during that year or any

  2  future year. The association shall incorporate and continue

  3  the plan of operation and articles of agreement in effect on

  4  the effective date of chapter 76-96, Laws of Florida, to the

  5  extent that it is not inconsistent with chapter 76-96, and as

  6  subsequently modified consistent with chapter 76-96. The board

  7  of directors and officers currently serving shall continue to

  8  serve until their successors are duly qualified as provided

  9  under the plan. The assets and obligations of the plan in

10  effect immediately prior to the effective date of chapter

11  76-96 shall be construed to be the assets and obligations of

12  the successor plan created herein.

13         c.  In recognition of s. 10, Art. I of the State

14  Constitution, prohibiting the impairment of obligations of

15  contracts, it is the intent of the Legislature that no action

16  be taken whose purpose is to impair any bond indenture or

17  financing agreement or any revenue source committed by

18  contract to such bond or other indebtedness issued or incurred

19  by the association or any other entity created under this

20  subsection.

21         7.  On such coverage, an agent's remuneration shall be

22  that amount of money payable to the agent by the terms of his

23  or her contract with the company with which the business is

24  placed. However, no commission will be paid on that portion of

25  the premium which is in excess of the standard premium of that

26  company.

27         8.  Subject to approval by the department, the

28  association may establish different eligibility requirements

29  and operational procedures for any line or type of coverage

30  for any specified eligible area or portion of an eligible area

31  if the board determines that such changes to the eligibility


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    CS for SB 2060                                 First Engrossed



  1  requirements and operational procedures are justified due to

  2  the voluntary market being sufficiently stable and competitive

  3  in such area or for such line or type of coverage and that

  4  consumers who, in good faith, are unable to obtain insurance

  5  through the voluntary market through ordinary methods would

  6  continue to have access to coverage from the association. When

  7  coverage is sought in connection with a real property

  8  transfer, such requirements and procedures shall not provide

  9  for an effective date of coverage later than the date of the

10  closing of the transfer as established by the transferor, the

11  transferee, and, if applicable, the lender.

12         9.  Notwithstanding any other provision of law:

13         a.  The pledge or sale of, the lien upon, and the

14  security interest in any rights, revenues, or other assets of

15  the association created or purported to be created pursuant to

16  any financing documents to secure any bonds or other

17  indebtedness of the association shall be and remain valid and

18  enforceable, notwithstanding the commencement of and during

19  the continuation of, and after, any rehabilitation,

20  insolvency, liquidation, bankruptcy, receivership,

21  conservatorship, reorganization, or similar proceeding against

22  the association under the laws of this state or any other

23  applicable laws.

24         b.  No such proceeding shall relieve the association of

25  its obligation, or otherwise affect its ability to perform its

26  obligation, to continue to collect, or levy and collect,

27  assessments, market equalization or other surcharges,

28  projected recoveries from the Florida Hurricane Catastrophe

29  Fund, reinsurance recoverables, or any other rights, revenues,

30  or other assets of the association pledged.

31


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    CS for SB 2060                                 First Engrossed



  1         c.  Each such pledge or sale of, lien upon, and

  2  security interest in, including the priority of such pledge,

  3  lien, or security interest, any such assessments, emergency

  4  assessments, market equalization or renewal surcharges,

  5  projected recoveries from the Florida Hurricane Catastrophe

  6  Fund, reinsurance recoverables, or other rights, revenues, or

  7  other assets which are collected, or levied and collected,

  8  after the commencement of and during the pendency of or after

  9  any such proceeding shall continue unaffected by such

10  proceeding.

11         d.  As used in this subsection, the term "financing

12  documents" means any agreement, instrument, or other document

13  now existing or hereafter created evidencing any bonds or

14  other indebtedness of the association or pursuant to which any

15  such bonds or other indebtedness has been or may be issued and

16  pursuant to which any rights, revenues, or other assets of the

17  association are pledged or sold to secure the repayment of

18  such bonds or indebtedness, together with the payment of

19  interest on such bonds or such indebtedness, or the payment of

20  any other obligation of the association related to such bonds

21  or indebtedness.

22         e.  Any such pledge or sale of assessments, revenues,

23  contract rights or other rights or assets of the association

24  shall constitute a lien and security interest, or sale, as the

25  case may be, that is immediately effective and attaches to

26  such assessments, revenues, contract, or other rights or

27  assets, whether or not imposed or collected at the time the

28  pledge or sale is made. Any such pledge or sale is effective,

29  valid, binding, and enforceable against the association or

30  other entity making such pledge or sale, and valid and binding

31  against and superior to any competing claims or obligations


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    CS for SB 2060                                 First Engrossed



  1  owed to any other person or entity, including policyholders in

  2  this state, asserting rights in any such assessments,

  3  revenues, contract, or other rights or assets to the extent

  4  set forth in and in accordance with the terms of the pledge or

  5  sale contained in the applicable financing documents, whether

  6  or not any such person or entity has notice of such pledge or

  7  sale and without the need for any physical delivery,

  8  recordation, filing, or other action.

  9         f.  There shall be no liability on the part of, and no

10  cause of action of any nature shall arise against, any member

11  insurer or its agents or employees, agents or employees of the

12  association, members of the board of directors of the

13  association, or the department or its representatives, for any

14  action taken by them in the performance of their duties or

15  responsibilities under this subsection. Such immunity does not

16  apply to actions for breach of any contract or agreement

17  pertaining to insurance, or any willful tort.

18         Section 19.  This act shall take effect upon becoming a

19  law.

20

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