Senate Bill sb0328

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    Florida Senate - 2001                                   SB 328

    By Senator Geller





    29-356A-01

  1                      A bill to be entitled

  2         An act relating to the Florida Commission on

  3         Hurricane Loss Projection Methodology; amending

  4         s. 627.0628, F.S.; limiting authority of

  5         insurers to use findings of the commission in a

  6         rate filing under s. 627.062, F.S.; providing

  7         that such findings are not admissible and

  8         relevant in consideration by the Department of

  9         Insurance of a rate filing unless the

10         department has access to all factors and

11         assumptions used in developing the standards or

12         models found by the commission to be reliable

13         or accurate; repealing s. 627.062(6), F.S.,

14         which provides for arbitration of property and

15         casualty insurance rate filings; providing an

16         effective date.

17

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

19

20         Section 1.  Section 627.0628, Florida Statutes, is

21  amended to read:

22         627.0628  Florida Commission on Hurricane Loss

23  Projection Methodology.--

24         (1)  LEGISLATIVE FINDINGS AND INTENT.--

25         (a)  Reliable projections of hurricane losses are

26  necessary in order to assure that rates for residential

27  property insurance meet the statutory requirement that rates

28  be neither excessive nor inadequate.  The ability to

29  accurately project hurricane losses has been enhanced greatly

30  in recent years through the use of computer modeling.  It is

31  the public policy of this state to encourage the use of the

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    Florida Senate - 2001                                   SB 328
    29-356A-01




  1  most sophisticated actuarial methods to assure that consumers

  2  are charged lawful rates for residential property insurance

  3  coverage.

  4         (b)  The Legislature recognizes the need for expert

  5  evaluation of computer models and other recently developed or

  6  improved actuarial methodologies for projecting hurricane

  7  losses, in order to resolve conflicts among actuarial

  8  professionals, and in order to provide both immediate and

  9  continuing improvement in the sophistication of actuarial

10  methods used to set rates charged to consumers.

11         (c)  It is the intent of the Legislature to create the

12  Florida Commission on Hurricane Loss Projection Methodology as

13  a panel of experts to provide the most actuarially

14  sophisticated guidelines and standards for projection of

15  hurricane losses possible, given the current state of

16  actuarial science.  It is the further intent of the

17  Legislature that such standards and guidelines must be used by

18  the State Board of Administration in developing reimbursement

19  premium rates for the Florida Hurricane Catastrophe Fund, and,

20  subject to the provisions of paragraph (3)(c), may be used by

21  insurers in rate filings under s. 627.062 unless the way in

22  which such standards and guidelines were applied by the

23  insurer was erroneous, as shown by a preponderance of the

24  evidence.

25         (d)  It is the intent of the Legislature that such

26  standards and guidelines be employed as soon as possible, and

27  that they be subject to continuing review thereafter.

28         (2)  COMMISSION CREATED.--

29         (a)  There is created the Florida Commission on

30  Hurricane Loss Projection Methodology, which is assigned to

31  the State Board of Administration.  The commission shall be

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    Florida Senate - 2001                                   SB 328
    29-356A-01




  1  administratively housed within the State Board of

  2  Administration, but it shall independently exercise the powers

  3  and duties specified in this section.

  4         (b)  The commission shall consist of the following 11

  5  members:

  6         1.  The insurance consumer advocate.

  7         2.  The Chief Operating Officer of the Florida

  8  Hurricane Catastrophe Fund.

  9         3.  The Executive Director of the Residential Property

10  and Casualty Joint Underwriting Association.

11         4.  The Director of the Division of Emergency

12  Management of the Department of Community Affairs.

13         5.  The actuary member of the Florida Hurricane

14  Catastrophe Fund Advisory Council.

15         6.  Six members appointed by the Insurance

16  Commissioner, as follows:

17         a.  An employee of the Department of Insurance who is

18  an actuary responsible for property insurance rate filings.

19         b.  An actuary who is employed full time by a property

20  and casualty insurer which was responsible for at least 1

21  percent of the aggregate statewide direct written premium for

22  homeowner's insurance in the calendar year preceding the

23  member's appointment to the commission.

24         c.  An expert in insurance finance who is a full time

25  member of the faculty of the State University System and who

26  has a background in actuarial science.

27         d.  An expert in statistics who is a full time member

28  of the faculty of the State University System and who has a

29  background in insurance.

30         e.  An expert in computer system design who is a full

31  time member of the faculty of the State University System.

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  1         f.  An expert in meteorology who is a full time member

  2  of the faculty of the State University System and who

  3  specializes in hurricanes.

  4         (c)  Members designated under subparagraphs (b)1.-5.

  5  shall serve on the commission as long as they maintain the

  6  respective offices designated in subparagraphs (b)1.-5.

  7  Members appointed by the Insurance Commissioner under

  8  subparagraph (b)6. shall serve on the commission until the end

  9  of the term of office of the Insurance Commissioner who

10  appointed them, unless earlier removed by the Insurance

11  Commissioner for cause.  Vacancies on the commission shall be

12  filled in the same manner as the original appointment.

13         (d)  The State Board of Administration shall annually

14  appoint one of the members of the commission to serve as

15  chair.

16         (e)  Members of the commission shall serve without

17  compensation, but shall be reimbursed for per diem and travel

18  expenses pursuant to s. 112.061.

19         (f)  The State Board of Administration shall, as a cost

20  of administration of the Florida Hurricane Catastrophe Fund,

21  provide for travel, expenses, and staff support for the

22  commission.

23         (g)  There shall be no liability on the part of, and no

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

25  of the commission, any member of the State Board of

26  Administration, or any employee of the State Board of

27  Administration for any action taken in the performance of

28  their duties under this section. In addition, the commission

29  may, in writing, waive any potential cause of action for

30  negligence of a consultant, contractor, or contract employee

31  engaged to assist the commission.

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  1         (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--

  2         (a)  The commission shall consider any actuarial

  3  methods, principles, standards, models, or output ranges that

  4  have the potential for improving the accuracy of or

  5  reliability of the hurricane loss projections used in

  6  residential property insurance rate filings.  The commission

  7  shall, from time to time, adopt findings as to the accuracy or

  8  reliability of particular methods, principles, standards,

  9  models, or output ranges.

10         (b)  In establishing reimbursement premiums for the

11  Florida Hurricane Catastrophe Fund, the State Board of

12  Administration must, to the extent feasible, employ actuarial

13  methods, principles, standards, models, or output ranges found

14  by the commission to be accurate or reliable.

15         (c)  With respect to a rate filing under s. 627.062, an

16  insurer may employ actuarial methods, principles, standards,

17  models, or output ranges found by the commission to be

18  accurate or reliable to determine hurricane loss factors for

19  use in a rate filing under s. 627.062, which findings and

20  factors are admissible and relevant in consideration of a rate

21  filing by the department or in any arbitration or

22  administrative or judicial review. However, such findings and

23  factors are not admissible and relevant in consideration of a

24  rate filing unless the department has access to all factors

25  and assumptions that were used in developing the actuarial

26  methods, principles, standards, models, or output ranges found

27  by the commission to be accurate or reliable and the

28  department is not precluded from disclosing such information

29  in a rate proceeding.

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    Florida Senate - 2001                                   SB 328
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  1         (d)  The commission shall adopt revisions to previously

  2  adopted actuarial methods, principles, standards, models, or

  3  output ranges at least annually.

  4         Section 2.  Subsection (6) of section 627.062, Florida

  5  Statutes, is repealed.

  6         Section 3.  This act shall take effect October 1, 2001.

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  9                          SENATE SUMMARY

10    Limits the authority of insurers to use findings and
      guidelines of the Florida Commission on Hurricane Loss
11    Methodology in a rate filing under s. 627.0682, F.S.
      Provides that such findings are not admissible and
12    relevant in consideration by the Department of Insurance
      of a rate filing unless the department has access to all
13    factors and assumptions used in developing the standards
      or models found by the commission to be reliable or
14    accurate. Repeals s. 627.062(6), F.S., which provides
      authority for arbitration of property and casualty
15    insurance rate filings.

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