Senate Bill sb2234

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    Florida Senate - 2001                                  SB 2234

    By Senator Garcia





    39-1236-01

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.351, F.S.; renaming the Residential

  4         Property and Casualty Joint Underwriting

  5         Association as the Citizens Property Insurance

  6         Corporation to provide residential and

  7         commercial property insurance through a public

  8         benefits corporation; requiring insurers

  9         writing property insurance to participate in

10         the corporation; providing for dividing the

11         revenues, assets, liabilities, losses, and

12         expenses of the corporation into three

13         accounts; providing for emergency assessments

14         for policyholders of participating insurers;

15         providing a plan of operation; providing for a

16         board of governors; providing that the

17         corporation is not required to obtain a

18         certificate of authority from the Department of

19         Insurance; providing that the corporation is

20         not required to be a member of the Florida

21         Insurance Guaranty Association; requiring the

22         corporation to pay assessments pledged by the

23         association to secure bonds to pay covered

24         claims arising from insurer insolvencies caused

25         by hurricane losses; providing for transfer of

26         policies of the association and the Florida

27         Windstorm Underwriting Association to the

28         corporation; providing for a transfer of assets

29         and liabilities; requiring the associations to

30         take actions necessary to further such

31         transfers; providing that such transfers do not

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  1         affect the coverage of "covered policies;"

  2         providing for the redesignation of certain

  3         coverage as the high-risk account of the

  4         corporation; providing that such account be

  5         treated as if it were a separate participating

  6         insurer for certain purposes; providing that

  7         the personal lines and commercial lines

  8         accounts be treated as a single participating

  9         insurer for certain purposes; providing that

10         the department may postpone the October 1,

11         2001, effective date of transfer under the act;

12         providing legislative intent not to interfere

13         with the rights of creditors, to preserve the

14         obligation of the association, and to assure

15         that outstanding financing agreements pass

16         unchanged to the corporation; providing an

17         effective date.

18

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

20

21         Section 1.  Subsection (6) of section 627.351, Florida

22  Statutes, is amended to read:

23         627.351  Insurance risk apportionment plans.--

24         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE

25  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--

26         (a)1.  The Legislature finds that actual and threatened

27  catastrophic losses to property in this state from hurricanes

28  have caused insurers to be unwilling or unable to provide

29  property insurance coverage to the extent sought and needed.

30  It is in the public interest and a public purpose to assist in

31  assuring that property in the state is insured so as to

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  1  facilitate the remediation, reconstruction, and replacement of

  2  damaged or destroyed property in order to reduce or avoid the

  3  negative effects otherwise resulting to the public health,

  4  safety, and welfare; to the economy of the state; and to the

  5  revenues of the state and local governments needed to provide

  6  for the public welfare. It is necessary, therefore, to provide

  7  property insurance to applicants who are in good faith

  8  entitled to procure insurance through the voluntary market but

  9  are unable to do so. The Legislature intends by this

10  subsection that such insurance be provided and continues, as

11  long as necessary, through a public-benefits corporation which

12  is organized to achieve efficiencies and economies, all toward

13  the achievement of the foregoing public purposes.

14         2.  The Residential Property and Casualty Joint

15  Underwriting Association originally created by this statute

16  shall be known, as of October 1, 2001, as the Citizens

17  Property Insurance Corporation. The Corporation shall operate

18  as

19         (a)  There is created a public benefits corporation

20  joint underwriting association for insuring residential and

21  commercial equitable apportionment or sharing among insurers

22  of property and casualty insurance covering residential

23  property, for applicants who are in good faith entitled, but

24  are unable, to procure insurance through the voluntary market.

25  The corporation association shall operate pursuant to a plan

26  of operation approved by order of the department. The plan is

27  subject to continuous review by the department. The department

28  may, by order, withdraw approval of all or part of a plan if

29  the department determines that conditions have changed since

30  approval was granted and that the purposes of the plan require

31  changes in the plan.  For the purposes of this subsection,

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  1  residential coverage includes both personal lines residential

  2  coverage, which consists of the type of coverage provided by

  3  homeowner's, mobile home owner's, dwelling, tenant's,

  4  condominium unit owner's, and similar policies, and commercial

  5  lines residential coverage, which consists of the type of

  6  coverage provided by condominium association, apartment

  7  building, and similar policies.

  8         (b)1.  All insurers authorized to write one or more

  9  subject lines of business in this state and insurers writing

10  one or more subject lines of business pursuant to part VIII of

11  chapter 626, other than underwriting associations or other

12  entities created under this section, must participate in and

13  be members of the corporation, collectively referred to as

14  "participating insurers" Residential Property and Casualty

15  Joint Underwriting Association. An authorized insurer's A

16  member's participation shall begin on the first day of the

17  calendar year following the year in which the insurer member

18  was issued a certificate of authority to transact insurance

19  for subject lines of business in this state and shall

20  terminate 1 year after the end of the first calendar year

21  during which the insurer member no longer holds a certificate

22  of authority to transact insurance for subject lines of

23  business in this state. For insurers transacting insurance for

24  subject lines of business in this state pursuant to part VIII

25  of chapter 626, the insurer's participating shall begin on the

26  first day of the calendar year following the year in which the

27  insurer began transacting insurance for subject lines of

28  business in this state and shall terminate 1 year after the

29  corporation no longer has any liabilities in this state for

30  the subject lines of business.

31

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  1         2.a.  All revenues, assets, liabilities, losses, and

  2  expenses of the corporation association shall be divided into

  3  three two separate accounts, as follows:

  4         (I)  A personal lines account for personal residential

  5  policies issued by the corporation or issued by the

  6  Residential Property and Casualty Joint Underwriting

  7  Association and renewed by the corporation on risks which are

  8  not located in areas eligible for coverage in the Florida

  9  Windstorm Underwriting Association as those areas were defined

10  on January 1, 2001;

11         (II)  A commercial lines account for commercial

12  residential policies issued by the corporation or issued by

13  the Residential Property and Casualty Joint Underwriting

14  Association and renewed by the corporation on risks which are

15  not located in areas eligible for coverage in the Florida

16  Windstorm Underwriting Association as those areas were defined

17  on January 1, 2001; and

18         (III)  A high-risk account for personal residential

19  policies and commercial residential and commercial

20  nonresidential property policies issued by the corporation or

21  transferred to the corporation on risks which are located in

22  areas eligible for coverage in the Florida Windstorm

23  Underwriting Association as those areas were defined on

24  January 1, 2001.  one of which is for personal lines

25  residential coverages and the other of which is for commercial

26  lines residential coverages.

27         b.  Revenues, assets, liabilities, losses, and expenses

28  not attributable to particular coverages shall be prorated

29  among between the accounts.

30         3.  With respect to a deficit in an account:

31

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  1         a.  When the deficit incurred in a particular calendar

  2  year is not greater than 10 percent of the aggregate statewide

  3  direct written premium for the subject lines of business for

  4  the prior calendar year for all participating member insurers,

  5  the entire deficit shall be recovered through assessments of

  6  participating member insurers under paragraph (g).

  7         b.  When the deficit incurred in a particular calendar

  8  year exceeds 10 percent of the aggregate statewide direct

  9  written premium for the subject lines of business for the

10  prior calendar year for all participating member insurers, the

11  corporation association shall levy an assessment on

12  participating member insurers in an amount equal to the

13  greater of 10 percent of the deficit or 10 percent of the

14  aggregate statewide direct written premium for the subject

15  lines of business for the prior calendar year for all member

16  insurers. Any remaining deficit shall be recovered through

17  emergency assessments under sub-subparagraph d.

18         c.  Each participating member insurer's share of the

19  total assessment under sub-subparagraph a. or sub-subparagraph

20  b. shall be in the proportion that the participating member

21  insurer's direct written premium for the subject lines of

22  business for the year preceding the assessment bears to the

23  aggregate statewide direct written premium for the subject

24  lines of business for that year for all participating member

25  insurers.

26         d.  Upon a determination by the board of governors that

27  a deficit in an account exceeds the amount that will be

28  recovered through regular assessments on participating member

29  insurers under sub-subparagraph a. or sub-subparagraph b., the

30  board shall levy, after verification by the department,

31  emergency assessments to be collected by participating member

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  1  insurers and the corporation by underwriting associations

  2  created under this section which write subject lines of

  3  business upon issuance or renewal of policies for subject

  4  lines of business, excluding National Flood Insurance

  5  policies, in the year or years following levy of the regular

  6  assessments. The amount of the emergency assessment collected

  7  in a particular year shall be a uniform percentage of that

  8  year's direct written premium for subject lines of business

  9  for all participating member insurers and all accounts of the

10  corporation underwriting associations, excluding National

11  Flood Insurance Program policy premiums, as annually

12  determined by the board and verified by the department. The

13  department shall verify the arithmetic calculations involved

14  in the board's determination within 30 days after receipt of

15  the information on which the determination was based.

16  Notwithstanding any other provision of law, each participating

17  member insurer that and each underwriting association created

18  under this section which writes subject lines of business and

19  the corporation shall collect emergency assessments from its

20  policyholders without such obligation being affected by any

21  credit, limitation, exemption, or deferment. The emergency

22  assessments so collected shall be transferred directly to the

23  corporation association on a periodic basis as determined by

24  the corporation association. The aggregate amount of emergency

25  assessments levied under this sub-subparagraph in any calendar

26  year may not exceed the greater of 10 percent of the amount

27  needed to cover the original deficit, plus interest, fees,

28  commissions, required reserves, and other costs associated

29  with financing of the original deficit, or 10 percent of the

30  aggregate statewide direct written premium for subject lines

31  of business written by participating member insurers and for

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  1  all accounts of the corporation underwriting associations for

  2  the prior year, plus interest, fees, commissions, required

  3  reserves, and other costs associated with financing the

  4  original deficit. For participating insurers writing one or

  5  more subject lines of business pursuant to part VIII of

  6  chapter 626, the Florida Surplus Lines Service Office shall

  7  verify and collect emergency assessments for policyholders of

  8  such insurers and remit as instructed by the corporation. The

  9  Florida Surplus Lines Service Office shall also require

10  insurers transacting business in this state pursuant to part

11  VIII of chapter 626 to identify those premiums which are

12  attributable to the subject lines of business.

13         e.  The board may pledge the proceeds of assessments,

14  projected recoveries from the Florida Hurricane Catastrophe

15  Fund, other insurance and reinsurance recoverables, market

16  equalization surcharges and other surcharges, and other funds

17  available to the corporation association as the source of

18  revenue for and to secure bonds issued under paragraph (g),

19  bonds or other indebtedness issued under subparagraph (c)2.

20  (c)3., or lines of credit or other financing mechanisms issued

21  or created under this subsection, or to retire any other debt

22  incurred as a result of deficits or events giving rise to

23  deficits, or in any other way that the board determines will

24  efficiently recover such deficits. The purpose of the lines of

25  credit or other financing mechanisms is to provide additional

26  resources to assist the corporation association in covering

27  claims and expenses attributable to a catastrophe. As used in

28  this subsection, the term "assessments" includes regular

29  assessments under sub-subparagraph a., sub-subparagraph b., or

30  subparagraph (g)1. and emergency assessments under

31  sub-subparagraph d. Emergency assessments collected under

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  1  sub-subparagraph d. are not part of an insurer's rates, are

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

  3  commissions; however, failure to pay the emergency assessment

  4  shall be treated as failure to pay premium. The emergency

  5  assessments under sub-subparagraph d. shall continue as long

  6  as any bonds issued or other indebtedness incurred with

  7  respect to a deficit for which the assessment was imposed

  8  remain outstanding, unless adequate provision has been made

  9  for the payment of such bonds or other indebtedness pursuant

10  to the documents governing such bonds or other indebtedness.

11         f.  As used in this subsection, the term "subject lines

12  of business" means insurance on real or personal property, as

13  defined in s. 624.604, including insurance for fire,

14  industrial fire, allied lines, farmowners multiperil,

15  homeowners multiperil, commercial multiperil, and mobile

16  homes, including liability coverage on all such insurance but

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

18  excluding vehicle insurance as defined in s. 624.605(1) other

19  than insurance on mobile homes used as permanent dwellings.

20         g.  The procedures to be used by the corporation to

21  determine the statewide direct written premium for the subject

22  lines of business shall be included in the plan of operation,

23  with respect to the personal lines account, any personal lines

24  policy defined in s. 627.4025, and means, with respect to the

25  commercial lines account, all commercial property and

26  commercial fire insurance.

27         (c)  The plan of operation of the corporation

28  association:

29         1.  May provide for one or more designated insurers,

30  able and willing to provide policy and claims service, to act

31  on behalf of the association to provide such service.  Each

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  1  licensed agent shall be entitled to indicate the order of

  2  preference regarding who will service the business placed by

  3  the agent.  The association shall adhere to each agent's

  4  preferences unless after consideration of other factors in

  5  assigning agents, including, but not limited to, servicing

  6  capacity and fee arrangements, the association has reason to

  7  believe it is in the best interest of the association to make

  8  a different assignment.

  9         1.2.  Must provide for adoption of residential property

10  and casualty insurance policy forms and commercial residential

11  and nonresidential property insurance forms, which forms must

12  be approved by the department prior to use. The corporation

13  association shall adopt the following policy forms:

14         a.  Standard personal lines policy forms including wind

15  coverage, which are multiperil policies providing what is

16  generally considered to be full coverage of a residential

17  property similar to the coverage provided under an HO-2, HO-3,

18  HO-4, or HO-6 policy.

19         b.  Standard personal lines policy forms without wind

20  coverage, which are the same as the policies described in

21  sub-subparagraph a. except that they do not include wind

22  coverage.

23         b.c.  Basic personal lines policy forms including wind

24  coverage, which are policies similar to an HO-8 policy or a

25  dwelling fire policy that provide coverage meeting the

26  requirements of the secondary mortgage market, but which

27  coverage is more limited than the coverage under a standard

28  policy.

29         d.  Basic personal lines policy forms without wind

30  coverage, which are the same as the policies described in

31  sub-subparagraph c. except they do not include wind coverage.

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  1         c.e.  Commercial lines residential policy forms

  2  including wind coverage that are generally similar to the

  3  basic perils of full coverage obtainable for commercial

  4  residential structures in the admitted voluntary market.

  5         d.  Commercial nonresidential property insurance forms

  6  that cover the peril of wind only. Such form is applicable

  7  only to commercial nonresidential properties located in areas

  8  eligible for coverage in the Florida Windstorm Underwriting

  9  Association as those areas were defined on January 1, 2001.

10         f.  Commercial lines residential policy forms without

11  wind coverage, which are the same as the policies described in

12  sub-subparagraph e. except that they do not include wind

13  coverage.

14         2.3.  May provide that the corporation association may

15  employ or otherwise contract with individuals or other

16  entities to provide administrative or professional services

17  that may be appropriate to effectuate the plan. The

18  corporation association shall have the power to borrow funds,

19  by issuing bonds or by incurring other indebtedness, and shall

20  have other powers reasonably necessary to effectuate the

21  requirements of this subsection. The corporation is

22  authorized, but is not required, to seek judicial validation

23  of its bonds or other indebtedness under chapter 75. The

24  corporation association may issue bonds or incur other

25  indebtedness, or have bonds issued on its behalf by a unit of

26  local government pursuant to subparagraph (g)2., in the

27  absence of a hurricane or other weather-related event, upon a

28  determination by the corporation association, subject to

29  approval by the department, that such action would enable it

30  to efficiently meet the financial obligations of the

31  corporation association and that such financings are

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  1  reasonably necessary to effectuate the requirements of this

  2  subsection. The corporation association is authorized to take

  3  all actions needed to facilitate tax-free status for any such

  4  bonds or indebtedness, including formation of trusts or other

  5  affiliated entities. The corporation association shall have

  6  the authority to pledge assessments, projected recoveries from

  7  the Florida Hurricane Catastrophe Fund, other reinsurance

  8  recoverables, market equalization and other surcharges, and

  9  other funds available to the corporation association as

10  security for bonds or other indebtedness. In recognition of s.

11  10, Art. I of the State Constitution, prohibiting the

12  impairment of obligations of contracts, it is the intent of

13  the Legislature that no action be taken whose purpose is to

14  impair any bond indenture or financing agreement or any

15  revenue source committed by contract to such bond or other

16  indebtedness.

17         3.4.  Must require that the corporation association

18  operate subject to the supervision and approval of a board of

19  governors consisting of 7 13 individuals appointed by the

20  Insurance Commissioner. The Insurance Commissioner shall

21  designate one of the appointees, including 1 who is elected as

22  chair. The board shall consist of:

23         a.  The insurance consumer advocate appointed under s.

24  627.0613.

25         b.  Five members designated by the insurance industry.

26         c.  Five consumer representatives appointed by the

27  Insurance Commissioner. Two of the consumer representatives

28  must, at the time of appointment, be holders of policies

29  issued by the association, who are selected with consideration

30  given to reflecting the geographic balance of association

31  policyholders. Two of the consumer members must be individuals

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  1  who are minority persons as defined in s. 288.703(3). One of

  2  the consumer members shall have expertise in the field of

  3  mortgage lending.

  4         d.  Two representatives of the insurance industry

  5  appointed by the Insurance Commissioner. Of the two insurance

  6  industry representatives appointed by the Insurance

  7  Commissioner, at least one must be an individual who is a

  8  minority person as defined in s. 288.703(3).

  9

10  Any board member may be disapproved or removed and replaced by

11  the commissioner at any time for cause. All board members,

12  including the chair, must be appointed to serve for 3-year

13  terms beginning annually on a date designated by the plan. Any

14  board vacancy must be filled for the unexpired term of such

15  board member by appointment by the Insurance Commissioner.

16         4.5.  Must provide a procedure for determining the

17  eligibility of a risk for coverage, as follows:

18         a.  With respect to personal lines residential risks,

19  if the risk is offered full coverage from an authorized

20  insurer at the insurer's approved rate under either a standard

21  policy including wind coverage or, if consistent with the

22  insurer's underwriting rules as filed with the department, a

23  basic policy including wind coverage, the risk is not eligible

24  for any policy issued by the corporation association. If the

25  risk accepts an offer of coverage through the market

26  assistance plan or an offer of coverage through a mechanism

27  established by the corporation association before a policy is

28  issued to the risk by the corporation association or during

29  the first 30 days of coverage by the corporation association,

30  and the producing agent who submitted the application to the

31

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  1  plan or to the corporation association is not currently

  2  appointed by the insurer, the insurer shall: either

  3         (I)  Pay to the producing agent of record of the

  4  policy, for the first year, an amount which 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;

  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 insurer's

11  usual and customary commission for the type of policy written;

12  or

13         (III)  If the new or producing agent is an employee or

14  exclusive agent of the insurer, the new insurer shall pay the

15  agent in accordance with sub-sub-subparagraph (I). appoint the

16  agent to service the risk or, if the insurer places the

17  coverage through a new agent, require the new agent who then

18  writes the policy to pay not less than 50 percent of the first

19  year's commission to the producing agent who submitted the

20  application to the plan or the association, except that if the

21  new agent is an employee or exclusive agent of the insurer,

22  the new agent shall pay a policy fee of $50 to the producing

23  agent in lieu of splitting the commission.

24

25  If the risk is not able to obtain any such offer, the risk is

26  eligible for either a standard policy including wind coverage

27  or a basic policy including wind coverage issued by the

28  corporation association; however, if the risk could not be

29  insured under a standard policy including wind coverage

30  regardless of market conditions, the risk shall be eligible

31  for a basic policy including wind coverage unless rejected

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  1  under subparagraph 7. 8. The corporation association shall

  2  determine the type of policy to be provided on the basis of

  3  objective standards specified in the underwriting manual and

  4  based on generally accepted underwriting practices.

  5         b.  With respect to commercial lines residential risks,

  6  if the risk is offered coverage under a policy including wind

  7  coverage from an authorized insurer at its approved rate, the

  8  risk is not eligible for any policy issued by the corporation

  9  association. If the risk accepts an offer of coverage through

10  the market assistance plan or an offer of coverage through a

11  mechanism established by the corporation association before a

12  policy is issued to the risk by the corporation association,

13  and the producing agent who submitted the application to the

14  plan or the corporation association is not currently appointed

15  by the insurer, the insurer shall: either

16         (I)  Pay to the producing agent of record of the

17  policy, for the first year, an amount which is the greater of

18  the insurer's usual and customary commission for the type of

19  policy written or a policy fee equal to the usual and

20  customary commission of the corporation;

21         (II)  Offer to allow the producing agent of record of

22  the policy to continue servicing the policy for a period of

23  not less than one year and offer to pay the agent the

24  insurer's usual and customary commission for the type of

25  policy written; or

26         (III)  If the new or producing agent is an employee or

27  exclusive agent of the insurer, the new insurer shall pay the

28  agent in accordance with sub-sub-subparagraph (I). appoint the

29  agent to service the risk or, if the insurer places the

30  coverage through a new agent, require the new agent who then

31  writes the policy to pay not less than 50 percent of the first

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  1  year's commission to the producing agent who submitted the

  2  application to the plan, except that if the new agent is an

  3  employee or exclusive agent of the insurer, the new agent

  4  shall pay a policy fee of $50 to the producing agent in lieu

  5  of splitting the commission.

  6

  7  If the risk is not able to obtain any such offer, the risk is

  8  eligible for a policy including wind coverage issued by the

  9  corporation association.

10         c.  This subparagraph does not require the association

11  to provide wind coverage or hurricane coverage in any area in

12  which such coverage is available through the Florida Windstorm

13  Underwriting Association.

14         5.6.  Must include rules for classifications of risks

15  and rates therefor.

16         6.7.  Must provide that if premium and investment

17  income attributable to a particular calendar plan year are in

18  excess of projected losses and expenses for an account of the

19  plan attributable to that year, such excess shall be held in

20  surplus in the account. Such surplus shall be available to

21  defray deficits as to future years and shall be used for that

22  purpose prior to assessing participating member insurers as to

23  any calendar plan year.

24         7.8.  Must provide objective criteria and procedures to

25  be uniformly applied for all applicants in determining whether

26  an 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         a.  Whether the likelihood of a loss for the individual

30  risk is substantially higher than for other risks of the same

31  class; and

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  1         b.  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 corporation

  6  association shall be construed as the private placement of

  7  insurance, and the provisions of chapter 120 shall not apply.

  8         8.9.  Must provide that the corporation association

  9  shall make its best efforts to procure catastrophe reinsurance

10  at reasonable rates, as determined by the board of governors.

11         9.10.  Must provide that in the event of regular

12  deficit assessments under sub-subparagraph (b)3.a. or

13  sub-subparagraph (b)3.b., in the personal lines account, the

14  commercial lines residential account, or the high-risk account

15  or by the Florida Windstorm Underwriting Association under

16  sub-sub-subparagraph (2)(b)2.d.(I) or sub-sub-subparagraph

17  (2)(b)2.d.(II), the corporation association shall levy upon

18  corporation association policyholders in such account in its

19  next rate filing, or by a separate rate filing solely for this

20  purpose, a market equalization surcharge in a percentage equal

21  to the total amount of such regular assessments divided by the

22  aggregate statewide direct written premium for subject lines

23  of business for participating member insurers for the prior

24  calendar year. Market equalization surcharges under this

25  subparagraph are not considered premium and are not subject to

26  commissions, fees, or premium taxes; however, failure to pay a

27  market equalization surcharge shall be treated as failure to

28  pay premium.

29         10.11.  The policies issued by the corporation

30  association must provide that, if the corporation association

31  or the market assistance plan obtains an offer from an

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  1  authorized insurer to cover the risk at its approved rates

  2  under either a standard policy including wind coverage or a

  3  basic policy including wind coverage, the risk is no longer

  4  eligible for renewal coverage through the corporation

  5  association. However, if the risk is located in an area in

  6  which Florida Windstorm Underwriting Association coverage is

  7  available, such an offer of a standard or basic policy

  8  terminates eligibility regardless of whether or not the offer

  9  includes wind coverage. Upon termination of eligibility, the

10  association shall provide written notice to the policyholder

11  and agent of record stating that the association policy shall

12  be canceled as of 60 days after the date of the notice because

13  of the offer of coverage from an authorized insurer. Other

14  provisions of the insurance code relating to cancellation and

15  notice of cancellation do not apply to actions under this

16  subparagraph.

17         11.12.  Corporation Association policies and

18  applications must include a notice that the corporation

19  association policy could, under this section or s. 627.3511,

20  be replaced with a policy issued by an authorized admitted

21  insurer that does not provide coverage identical to the

22  coverage provided by the corporation association. The notice

23  shall also specify that acceptance of corporation association

24  coverage creates a conclusive presumption that the applicant

25  or policyholder is aware of this potential.

26         12.13.  May establish, subject to approval by the

27  department, different eligibility requirements and operational

28  procedures for any line or type of coverage for any specified

29  county or area if the board determines that such changes to

30  the eligibility requirements and operational procedures are

31  justified due to the voluntary market being sufficiently

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  1  stable and competitive in such area or for such line or type

  2  of coverage and that consumers who, in good faith, are unable

  3  to obtain insurance through the voluntary market through

  4  ordinary methods would continue to have access to coverage

  5  from the corporation association. When coverage is sought in

  6  connection with a real property transfer, such requirements

  7  and procedures shall not provide for an effective date of

  8  coverage later than the date of the closing of the transfer as

  9  established by the transferor, the transferee, and, if

10  applicable, the lender.

11         13.  Shall provide that, with respect to the high-risk

12  account, any participating insurer with a surplus as to

13  policyholders of $20 million or less writing 25 percent or

14  more of its total countrywide property insurance premiums in

15  this state may petition the department, within the first 90

16  days of each calendar year, to qualify as a limited

17  apportionment corporation. In no event shall a limited

18  apportionment corporation be required to participate in any

19  assessment, within the high-risk account, pursuant to

20  sub-subparagraph (b)3.a. or sub-subparagraph (b)3.b. in the

21  aggregate which exceeds $50 million after payment of available

22  high-risk account funds in any calendar year. However, a

23  limited apportionment corporation shall collect from its

24  policyholders any emergency assessment imposed under

25  sub-subparagraph (b)3.d. The plan shall provide that, if the

26  department determines that any regular assessment will result

27  in an impairment of the surplus of a limited apportionment

28  corporation, the department may direct that all or part of

29  such assessment be deferred. However, there shall be no

30  limitation or deferment of an emergency assessment to be

31  collected from policyholders under sub-subparagraph (b)3.d.

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  1         (d)1.  It is the intent of the Legislature that the

  2  rates for coverage provided by the corporation association be

  3  actuarially sound and not competitive with approved rates

  4  charged in the admitted voluntary market, so that the

  5  corporation association functions as a residual market

  6  mechanism to provide insurance only when the insurance cannot

  7  be procured in the voluntary market. Rates shall include an

  8  appropriate catastrophe loading factor that reflects the

  9  actual catastrophic exposure of the corporation association

10  and recognizes that the association has little or no capital

11  or surplus; and the association shall carefully review each

12  rate filing to assure that provider compensation is not

13  excessive.

14         2.  For each county, the average rates of the

15  corporation association for each line of business for personal

16  lines residential policies shall be no lower than the average

17  rates charged by the insurer that had the highest average rate

18  in that county among the 20 insurers with the greatest total

19  direct written premium in the state for that line of business

20  in the preceding year, except that with respect to mobile home

21  coverages, the average rates of the corporation association

22  shall be no lower than the average rates charged by the

23  insurer that had the highest average rate in that county among

24  the 5 insurers with the greatest total written premium for

25  mobile home owner's policies in the state in the preceding

26  year.

27         3.  Rates for commercial residential coverage shall not

28  be subject to the requirements of subparagraph 2., but shall

29  be subject to all other requirements of this paragraph and s.

30  627.062.

31

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  1         4.  Nothing in this paragraph shall require or allow

  2  the corporation association to adopt a rate that is inadequate

  3  under s. 627.062 or to reduce rates approved under s. 627.062.

  4         5.  The association may require arbitration of a filing

  5  pursuant to s. 627.062(6). Rate filings of the association

  6  under this paragraph shall be made on a use and file basis

  7  under s. 627.062(2)(a)2. The corporation association shall

  8  make a rate filing at least once a year, but no more often

  9  than quarterly.

10         (e)  If coverage in an account through the association

11  is hereby activated effective upon approval of the plan, and

12  shall remain activated until coverage is deactivated pursuant

13  to paragraph (f). Thereafter, coverage through the corporation

14  association shall be reactivated by order of the department

15  only under one of the following circumstances:

16         1.  If the market assistance plan receives a minimum of

17  100 applications for coverage within a 3-month period, or 200

18  applications for coverage within a 1-year period or less for

19  residential coverage, unless the market assistance plan

20  provides a quotation from admitted carriers at their filed

21  rates for at least 90 percent of such applicants. Any market

22  assistance plan application that is rejected because an

23  individual risk is so hazardous as to be uninsurable using the

24  criteria specified in subparagraph (c)8. shall not be included

25  in the minimum percentage calculation provided herein. In the

26  event that there is a legal or administrative challenge to a

27  determination by the department that the conditions of this

28  subparagraph have been met for eligibility for coverage in the

29  corporation association, any eligible risk may obtain coverage

30  during the pendency of such challenge.

31

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  1         2.  In response to a state of emergency declared by the

  2  Governor under s. 252.36, the department may activate coverage

  3  by order for the period of the emergency upon a finding by the

  4  department that the emergency significantly affects the

  5  availability of residential property insurance.

  6         (f)  The activities of the corporation association

  7  shall be reviewed at least annually by the department to

  8  determine whether board and, upon recommendation by the board

  9  or petition of any interested party, coverage shall be

10  deactivated in an account on the basis if the department finds

11  that the conditions giving rise to its activation no longer

12  exist.

13         (g)1.  The board shall certify to the department its

14  needs for annual assessments as to a particular calendar year,

15  and for any startup or interim assessments that it deems to be

16  necessary to sustain operations as to a particular year

17  pending the receipt of annual assessments. Upon verification,

18  the department shall approve such certification, and the board

19  shall levy such annual, startup, or interim assessments. Such

20  assessments shall be prorated as provided in paragraph (b).

21  The board shall take all reasonable and prudent steps

22  necessary to collect the amount of assessment due from each

23  participating member insurer, including, if prudent, filing

24  suit to collect such assessment. If the board is unable to

25  collect an assessment from any participating member insurer,

26  the uncollected assessments shall be levied as an additional

27  assessment against the participating member insurers and any

28  participating member insurer required to pay an additional

29  assessment as a result of such failure to pay shall have a

30  cause of action against such nonpaying participating member

31

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  1  insurer. Assessments shall be included as an appropriate

  2  factor in the making of rates.

  3         2.  The governing body of any unit of local government,

  4  any residents of which are insured by the corporation

  5  association, may issue bonds as defined in s. 125.013 or s.

  6  166.101 from time to time to fund an assistance program, in

  7  conjunction with the corporation association, for the purpose

  8  of defraying deficits of the corporation association. In order

  9  to avoid needless and indiscriminate proliferation,

10  duplication, and fragmentation of such assistance programs,

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

12  insured by the corporation association, may provide for the

13  payment of losses, regardless of whether or not the losses

14  occurred within or outside of the territorial jurisdiction of

15  the local government. Revenue bonds may not be issued until

16  validated pursuant to chapter 75, unless a state of emergency

17  is declared by executive order or proclamation of the Governor

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

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

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

21  welfare of residents of this state and the protection and

22  preservation of the economic stability of insurers operating

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

24  permit certain municipalities or counties to issue such bonds

25  as will permit relief to claimants and policyholders of the

26  corporation joint underwriting association and insurers

27  responsible for apportionment of corporation association

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

29  contracts with the corporation association and with any other

30  entity created pursuant to this subsection as are necessary to

31  carry out this paragraph. Any bonds issued under this

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  1  subparagraph shall be payable from and secured by moneys

  2  received by the corporation association from emergency

  3  assessments under sub-subparagraph (b)3.d., and assigned and

  4  pledged to or on behalf of the unit of local government for

  5  the benefit of the holders of such bonds.  The funds, credit,

  6  property, and taxing power of the state or of the unit of

  7  local government shall not be pledged for the payment of such

  8  bonds. If any of the bonds remain unsold 60 days after

  9  issuance, the department shall require all insurers subject to

10  assessment to purchase the bonds, which shall be treated as

11  admitted assets; each insurer shall be required to purchase

12  that percentage of the unsold portion of the bond issue that

13  equals the insurer's relative share of assessment liability

14  under this subsection. An insurer shall not be required to

15  purchase the bonds to the extent that the department

16  determines that the purchase would endanger or impair the

17  solvency of the insurer.

18         3.a.  In addition to any credits, bonuses, or

19  exemptions provided under s. 627.3511, The board shall adopt a

20  program subject to approval by the department for the

21  reduction of both new and renewal writings in the corporation

22  association. The board may consider any prudent and not

23  unfairly discriminatory approach to reducing corporation

24  association writings, and may but must adopt at least a credit

25  against assessment liability or other liability that provides

26  an incentive for insurers to take risks out of the corporation

27  association and to keep risks out of the corporation

28  association by maintaining or increasing voluntary writings in

29  counties or areas in which corporation association risks are

30  highly concentrated and a program to provide a formula under

31  which an insurer voluntarily taking risks out of the

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  1  corporation association by maintaining or increasing voluntary

  2  writings will be relieved wholly or partially from assessments

  3  under sub-subparagraphs (b)3.a. and b. When the corporation

  4  enters into a contractual agreement for a take-out plan, the

  5  producing agent of record of the corporation policy is

  6  entitled to retain any unearned commission on such policy, and

  7  the insurer shall:

  8         (I)  Pay to the producing agent of record of the

  9  policy, for the first year, an amount which is the greater of

10  the insurer's usual and customary commission for the type of

11  policy written or a policy fee equal to the usual and

12  customary commission of the corporation;

13         (II)  Offer to allow the producing agent of record of

14  the policy to continue servicing the policy for a period of

15  not less than one year and offer to pay the agent the

16  insurer's usual and customary commission for the type of

17  policy written; or

18         (III)  If the new or producing agent is an employee or

19  exclusive agent of the insurer, the new insurer shall pay the

20  agent in accordance with sub-sub-subparagraph (I).

21         b.  Any credit or exemption from regular assessments

22  adopted under this subparagraph shall last no longer than the

23  3 years following the cancellation or expiration of the policy

24  by the corporation association. With the approval of the

25  department, the board may extend such credits for an

26  additional year if the insurer guarantees an additional year

27  of renewability for all policies removed from the corporation

28  association, or for 2 additional years if the insurer

29  guarantees 2 additional years of renewability for all policies

30  so removed.

31

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  1         c.  There shall be no credit, limitation, exemption, or

  2  deferment from emergency assessments to be collected from

  3  policyholders pursuant to sub-subparagraph (b)3.d.

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

  5  or in part, of the assessment of a participating member

  6  insurer, other than an emergency assessment collected from

  7  policyholders pursuant to sub-subparagraph (b)3.d., if the

  8  department finds that payment of the assessment would endanger

  9  or impair the solvency of the insurer. In the event an

10  assessment against a participating member insurer is deferred

11  in whole or in part, the amount by which such assessment is

12  deferred may be assessed against the other participating

13  member insurers in a manner consistent with the basis for

14  assessments set forth in paragraph (b).

15         (h)  Nothing in this subsection shall be construed to

16  preclude the issuance of residential property insurance

17  coverage pursuant to part VIII of chapter 626.

18         (i)  There shall be no liability on the part of, and no

19  cause of action of any nature shall arise against, any

20  participating member insurer or its agents or employees, the

21  corporation association or its agents or employees, members of

22  the board of governors or their respective designees at a

23  board meeting, corporation association committee members, or

24  the department or its representatives, for any action taken by

25  them in the performance of their duties or responsibilities

26  under this subsection. Such immunity does not apply to:

27         1.  Any of the foregoing persons or entities for any

28  willful tort;

29         2.  The corporation association or its servicing or

30  producing agents for breach of any contract or agreement

31  pertaining to insurance coverage;

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  1         3.  The corporation association with respect to

  2  issuance or payment of debt; or

  3         4.  Any participating member insurer with respect to

  4  any action to enforce a participating member insurer's

  5  obligations to the corporation association under this

  6  subsection.

  7         (j)  The corporation Residential Property and Casualty

  8  Joint Underwriting Association is not a state agency, board,

  9  or commission, but is a legislatively created public benefits

10  corporation serving a public purpose. However, For the

11  purposes of s. 199.183(1), the corporation Residential

12  Property and Casualty Joint Underwriting Association shall be

13  considered a political subdivision of the state and shall be

14  exempt from the corporate income tax and the state premium

15  tax. The corporation is not required to obtain or to hold a

16  certificate of authority issued by the department, nor is it

17  required to participate as a member insurer of the Florida

18  Insurance Guaranty Association. However, the corporation shall

19  pay assessments pledged by the Florida Insurance Guaranty

20  Association to secure bonds issued or other indebtedness

21  incurred to pay covered claims arising from insurer

22  insolvencies caused by, or proximately related to, hurricane

23  losses.

24         (k)  Upon a determination by the department board of

25  governors that the conditions giving rise to the establishment

26  and activation of the corporation association no longer exist,

27  and upon the consent thereto by order of the department, the

28  corporation association is dissolved. Upon dissolution, the

29  assets of the association shall be applied first to pay all

30  debts, liabilities, and obligations of the corporation

31  association, including the establishment of reasonable

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  1  reserves for any contingent liabilities or obligations, and

  2  all remaining assets of the corporation association shall

  3  become property of the state and deposited in the Florida

  4  Hurricane Catastrophe Fund.

  5         (l)1.  Effective October 1, 2001, policies of the

  6  Residential Property and Casualty Joint Underwriting

  7  Association shall become policies of the corporation. All

  8  obligations, rights, assets and liabilities of the Residential

  9  Property and Casualty Joint Underwriting Association,

10  including bonds, note and debt obligations, and the financing

11  documents pertaining to them become those of the corporation

12  as of October 1, 2001. The corporation is not required to

13  issue endorsements or certificates of assumption to insureds

14  during the remaining term of in-force transferred policies.

15         2.  Effective October 1, 2001, policies of the Florida

16  Windstorm Underwriting Association are transferred to the

17  corporation and shall become policies of the corporation. All

18  obligations, rights, assets and liabilities of the Florida

19  Windstorm Underwriting Association, including bonds, note, and

20  debt obligations, and the financing documents pertaining to

21  them are transferred to and assumed by the corporation on

22  October 1, 2001. The corporation is not required to issue

23  endorsement or certificates of assumption to insureds during

24  the remaining term of in-force transferred policies.

25         3.  For policies transferred to the corporation from

26  the Florida Windstorm Underwriting Association with an

27  expiration date on or after January 1, 2002, notices of

28  nonrenewal shall be timely issued in accordance with s.

29  627.4133(2)(b). When the policyholder's wind-only policy is

30  nonrenewed, the corporation shall offer coverage under an

31  appropriate policy, covering the perils described in paragraph

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  1  (c), if the policyholder is otherwise eligible for coverage

  2  from the corporation.

  3         4.  The Florida Windstorm Underwriting Association and

  4  the Residential Property and Casualty Joint Underwriting

  5  Association shall take all actions as may be proper to further

  6  evidence such transfers and shall provide such documents and

  7  instruments of further assurance as may reasonably be

  8  requested by the corporation for such purpose. The corporation

  9  shall execute such assumptions and instruments as the trustees

10  or other parties to the financing documents of the Florida

11  Windstorm Underwriting Association or the Residential Property

12  and Casualty Joint Underwriting Association may reasonably

13  request to further evidence such transfers and assumptions,

14  which transfers and assumptions, however, shall be effective

15  as of the date provided under this paragraph whether or not,

16  and regardless of the date on which, such assumptions or

17  instruments are executed by the corporation. Subject to the

18  relevant financing documents pertaining to their outstanding

19  bonds, notes, indebtedness, or other financing obligations,

20  the moneys, investments, receivables, choses in action, and

21  other intangibles of the Florida Windstorm Underwriting

22  Association shall be credited to the high-risk account of the

23  corporation, and the personal lines residential coverage

24  account and the commercial lines residential coverage account

25  of the Residential Property and Casualty Joint Underwriting

26  Association shall be credited to the personal lines account

27  and the commercial lines account, respectively, of the

28  corporation.

29         5.  Effective October 1, 2001, a new applicant for

30  property insurance coverage who would have otherwise been

31  eligible for coverage in the Florida Windstorm Underwriting

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  1  Association shall be eligible for coverage from the

  2  corporation as provided in this paragraph.

  3         6.  The transfer of all policies, obligations, rights,

  4  assets, and liabilities from the Florida Windstorm

  5  Underwriting Association to the corporation and the renaming

  6  of the Residential Property and Casualty Joint Underwriting

  7  Association as the corporation shall in no way affect the

  8  coverage with respect to covered policies as defined in s.

  9  215.555(2)(c) provided to these entities by the Florida

10  Hurricane Catastrophe Fund. The coverage provided by the

11  Florida Hurricane Catastrophe Fund to the Florida Windstorm

12  Underwriting Association based on its exposures as of June 30,

13  2001, and each June 30 thereafter shall be redesignated as

14  coverage for the high-risk account of the corporation. The

15  coverage provided by the Florida Hurricane Catastrophe Fund to

16  the Residential Property and Casualty Joint Underwriting

17  Association based on its exposures as of June 30, 2001, and

18  each June 30 thereafter shall be transferred to the personal

19  lines account and the commercial lines account of the

20  corporation. The high-risk account shall be treated, for all

21  Florida Hurricane Catastrophe Fund purposes, as if it were a

22  separate participating insurer with its own exposures,

23  reimbursement premium, and loss reimbursement. Likewise, the

24  personal lines and commercial lines accounts shall be viewed

25  together, for all Florida Hurricane Catastrophe Fund purposes,

26  as if the two accounts were one and represent a single,

27  separate participating insurer with its own exposures,

28  reimbursement premium, and loss reimbursement. The coverage

29  provided by the Florida Hurricane Catastrophe Fund to the

30  corporation shall constitute and operate as a full transfer of

31  coverage from the Florida Windstorm Underwriting Association

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  1  and Residential Property and Casualty Joint Underwriting to

  2  the corporation.

  3         7.  The department may, by order, postpone the October

  4  1, 2001, effective dates set forth in this paragraph if the

  5  department finds that effectuation of these dates cannot be

  6  accomplished due to emergency conditions. All obligations,

  7  rights, assets, and liabilities of the Florida Property and

  8  Casualty Joint Underwriting Association created by subsection

  9  (5), which obligations, rights, assets, or liabilities relate

10  to the provision of commercial lines residential property

11  insurance coverage as described in this section are hereby

12  transferred to the Residential Property and Casualty Joint

13  Underwriting Association. The Residential Property and

14  Casualty Joint Underwriting Association is not required to

15  issue endorsements or certificates of assumption to insureds

16  during the remaining 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

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  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

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  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

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  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

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  1  claims with regard to that claim, except that information

  2  otherwise confidential or exempt by law will be redacted.

  3

  4  When an authorized insurer is considering underwriting a risk

  5  insured by the corporation association, relevant underwriting

  6  files and confidential claims files may be released to the

  7  insurer provided the insurer agrees in writing, notarized and

  8  under oath, to maintain the confidentiality of such files.

  9  When a file is transferred to an insurer that file is no

10  longer a public record because it is not held by an agency

11  subject to the provisions of the public records law.

12  Underwriting files and confidential claims files may also be

13  released to staff of and the board of governors of the market

14  assistance plan established pursuant to s. 627.3515, who must

15  retain the confidentiality of such files, except such files

16  may be released to authorized insurers that are considering

17  assuming the risks to which the files apply, provided the

18  insurer agrees in writing, notarized and under oath, to

19  maintain the confidentiality of such files.  Finally, the

20  corporation association or the board or staff of the market

21  assistance plan may make the following information obtained

22  from underwriting files and confidential claims files

23  available to licensed general lines insurance agents: name,

24  address, and telephone number of the residential property

25  owner or insured; location of the risk; rating information;

26  loss history; and policy type.  The receiving licensed general

27  lines insurance agent must retain the confidentiality of the

28  information received.

29         2.  Portions of meetings of the corporation Residential

30  Property and Casualty Joint Underwriting Association are

31  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

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  1  of the State Constitution wherein confidential underwriting

  2  files or confidential open claims files are discussed.  All

  3  portions of corporation association meetings which are closed

  4  to the public shall be recorded by a court reporter.  The

  5  court reporter shall record the times of commencement and

  6  termination of the meeting, all discussion and proceedings,

  7  the names of all persons present at any time, and the names of

  8  all persons speaking.  No portion of any closed meeting shall

  9  be off the record.  Subject to the provisions hereof and s.

10  119.07(2)(a), the court reporter's notes of any closed meeting

11  shall be retained by the corporation association for a minimum

12  of 5 years. A copy of the transcript, less any exempt matters,

13  of any closed meeting wherein claims are discussed shall

14  become public as to individual claims after settlement of the

15  claim.

16         (o)  In enacting the provisions of this act, the

17  Legislature recognizes that both the Florida Windstorm

18  Underwriting Association and the Residential Property and

19  Casualty Joint Underwriting Association have entered into

20  financing arrangements that obligate each entity to service

21  its debts and maintain the capacity to repay funds secured

22  under these financing arrangements. It is the intent of the

23  Legislature that nothing herein be construed to compromise,

24  diminish, or interfere with the rights of creditors under such

25  financing arrangements. It is further the intent of the

26  Legislature to preserve the obligations of the Florida

27  Windstorm Underwriting Association and Residential Property

28  and Casualty Joint Underwriting Association with regard to

29  outstanding financing arrangements, with such obligations

30  passing entirely and unchanged to the corporation. So long as

31  any bonds, notes, indebtedness, or other financing obligations

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  1  of the Florida Windstorm Underwriting Association or the

  2  Residential Property and Casualty Joint Underwriting

  3  Association are outstanding, under the terms of the financing

  4  documents pertaining to them, the governing board of the

  5  corporation shall have and shall exercise the authority to

  6  levy, charge, collect, and receive all premiums, assessments,

  7  surcharges, charges, revenues and receipts that such

  8  associations had authority to levy, charge, collect, or

  9  receive under the provisions of subsection (2) and subsection

10  (6), respectively, as they existed on January 1, 2001, to the

11  extent necessary to provide moneys, together with other

12  available moneys of the corporation without exercise of the

13  authority provided by this paragraph, in at least the amounts,

14  and by the times, as would be provided under those former

15  provisions of subsection (2) or subsection (6), respectively,

16  so that the value, amount, and collectability of any assets,

17  revenues, or revenue source pledged or committed to, or any

18  lien thereon securing such outstanding bonds, notes,

19  indebtedness, or other financing obligations will not be

20  diminished, impaired, or adversely affected by the amendments

21  made by this act and to permit compliance with all provisions

22  of financing documents pertaining to such bonds, notes,

23  indebtedness, or other financing obligations, or the security

24  or credit enhancement for them, and any reference in this

25  subsection to bonds, notes, indebtedness, financing

26  obligations, or similar obligations, of the corporation shall

27  include like instruments or contracts of the Florida Windstorm

28  Underwriting Association and the Residential Property and

29  Casualty Joint Underwriting Association to the extent not

30  inconsistent with the provisions of the financing documents

31  pertaining to them.

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  1         Section 2.  This act shall take effect July 1, 2001.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Renames the Residential Property and Casualty Joint
      Underwriting Association as the Citizens Property
  6    Insurance Corporation to provide residential and
      commercial property insurance through a public benefits
  7    corporation. Requires insurers selling property insurance
      in this state to participate in the corporation. Provides
  8    a plan of operation and a board of governors. Divides the
      revenues, assets, liabilities, losses, and expenses of
  9    the corporation into three accounts and provides for
      emergency assessments for policyholders of participating
10    insurers. Provides that the corporation need not obtain a
      certificate of authority from the Department of Insurance
11    or be a member of the Florida Insurance Guaranty
      Association. Requires the corporation to pay assessments
12    pledged to secure bonds to pay covered claims arising
      from insurer insolvencies caused by hurricane losses.
13    Provides for the transfer of policies, assets, and
      liabilities of the association and the Florida Windstorm
14    Underwriting Association to the corporation. (See bill
      for details.)
15

16

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