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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Garcia moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (d) of subsection (2) and

18  paragraph (b) of subsection (5) of section 215.555, Florida

19  Statutes, are amended to read:

20         215.555  Florida Hurricane Catastrophe Fund.--

21         (2)  DEFINITIONS.--As used in this section:

22         (d)  "Losses" means direct incurred losses under

23  covered policies, which shall include losses for additional

24  living expenses not to exceed 20 percent of the insured value

25  of mobile homes or personal residential structures and 40

26  percent of the insured value of contents covered under a

27  tenant's policy or a condominium unit owners policy and shall

28  exclude excluding losses attributable to additional living

29  expense coverages and excluding loss adjustment expenses.

30  "Losses" does not include losses for fair rental value

31  associated with personal and commercial residential exposures

                                  1
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  or business interruption losses associated with commercial

  2  residential exposures.

  3         (5)  REIMBURSEMENT PREMIUMS.--

  4         (b)  The State Board of Administration shall select an

  5  independent consultant to develop a formula for determining

  6  the actuarially indicated premium to be paid to the fund. The

  7  formula shall specify, for each zip code or other limited

  8  geographical area, the amount of premium to be paid by an

  9  insurer for each $1,000 of insured value under covered

10  policies in that zip code or other area. In establishing

11  premiums, the board shall consider the coverage elected under

12  paragraph (4)(b) and any factors that tend to enhance the

13  actuarial sophistication of ratemaking for the fund, including

14  deductibles, type of construction, type of coverage provided,

15  relative concentration of risks, a factor providing for more

16  rapid cash buildup in the fund until the fund capacity for a

17  single hurricane season is fully funded, and other such

18  factors deemed by the board to be appropriate.  The formula

19  may provide for a procedure to determine the premiums to be

20  paid by new insurers that begin writing covered policies after

21  the beginning of a contract year, taking into consideration

22  when the insurer starts writing covered policies, the

23  potential exposure of the insurer, the potential exposure of

24  the fund, the administrative costs to the insurer and to the

25  fund, and any other factors deemed appropriate by the board.

26  The formula must be approved by unanimous vote of the board.

27  The board may, at any time, revise the formula pursuant to the

28  procedure provided in this paragraph.

29         Section 2.  Paragraph (b) of subsection (2) and

30  subsection (6) of section 627.351, Florida Statutes, are

31  amended to read:

                                  2
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         627.351  Insurance risk apportionment plans.--

  2         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

  3         (b)  The department shall require all insurers holding

  4  a certificate of authority to transact property insurance on a

  5  direct basis in this state, other than joint underwriting

  6  associations and other entities formed pursuant to this

  7  section, to provide windstorm coverage to applicants from

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

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

10  coverage through ordinary means; or it shall adopt a

11  reasonable plan or plans for the equitable apportionment or

12  sharing among such insurers of windstorm coverage, which may

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

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

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

16  624.604, including insurance for fire, industrial fire, allied

17  lines, farmowners multiperil, homeowners' multiperil,

18  commercial multiperil, and mobile homes, and including

19  liability coverages on all such insurance, but excluding

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

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

22  insurance on mobile homes used as permanent dwellings. The

23  department shall adopt rules that provide a formula for the

24  recovery and repayment of any deferred assessments.

25         1.  For the purpose of this section, properties

26  eligible for such windstorm coverage are defined as dwellings,

27  buildings, and other structures, including mobile homes which

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

29  with mobile home tie-down requirements prescribed by the

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

31  320.8325, and the contents of all such properties. An

                                  3
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  applicant or policyholder is eligible for coverage only if an

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

  3  or policyholder from an admitted insurer at approved rates.

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

  5  association shall participate in its writings, expenses, and

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

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

  8  insurers. Such participation by member insurers shall be in

  9  the proportion that the net direct premiums of each member

10  insurer written for property insurance in this state during

11  the preceding calendar year bear to the aggregate net direct

12  premiums for property insurance of all member insurers, as

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

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

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

16  written premiums for property insurance, reduced by premium

17  for liability coverage and for the following if included in

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

19  association direct premiums booked; National Flood Insurance

20  Program direct premiums; and similar deductions specifically

21  authorized by the plan of operation and approved by the

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

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

24  issued a certificate of authority to transact property

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

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

27  certificate of authority to transact property insurance in the

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

29  other reports, and any other statistics that the commissioner

30  deems necessary, shall certify to the association the

31  aggregate direct premiums written for property insurance in

                                  4
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  this state by all member insurers.

  2         (II)  Effective July 1, 2002, the association shall

  3  operate subject to the supervision and approval of The plan of

  4  operation shall provide for a board of governors who are the

  5  same individuals that have been appointed by the Treasurer to

  6  serve on the board of governors of the Citizens Property

  7  Insurance Corporation directors consisting of the Insurance

  8  Consumer Advocate appointed under s. 627.0613, 1 consumer

  9  representative appointed by the Insurance Commissioner, 1

10  consumer representative appointed by the Governor, and 12

11  additional members appointed as specified in the plan of

12  operation. One of the 12 additional members shall be elected

13  by the domestic companies of this state on the basis of

14  cumulative weighted voting based on the net direct premiums of

15  domestic companies in this state. Nothing in the 1997

16  amendments to this paragraph terminates the existing board or

17  the terms of any members of the board.

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

19  whereby a company voluntarily providing windstorm coverage in

20  affected areas will be relieved wholly or partially from

21  apportionment of a regular assessment pursuant to

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

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

24  companies under common management may elect to have its

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

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

27  group.

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

29  apportionment to a company for emergency assessments collected

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

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

                                  5
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

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

  4  policies out of the Residential Property and Casualty Joint

  5  Underwriting Association.  In order to qualify for the

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

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

  8  from the Residential Property and Casualty Joint Underwriting

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

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

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

12  Counties and an additional 50 percent of the policies so

13  removed cover risks located in other coastal counties, and

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

15  so removed may exclude windstorm coverage.  With the approval

16  of the department, the association may waive these geographic

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

18  of 100,000 Residential Property and Casualty Joint

19  Underwriting Association policies or 15 percent of the total

20  number of Residential Property and Casualty Joint Underwriting

21  Association policies, provided the governing board of the

22  Residential Property and Casualty Joint Underwriting

23  Association certifies that the take-out plan will materially

24  reduce the Residential Property and Casualty Joint

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

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

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

28  guarantees an additional year of renewability for all policies

29  removed from the Residential Property and Casualty Joint

30  Underwriting Association, or for 2 additional years if the

31  insurer guarantees 2 additional years of renewability for all

                                  6
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  policies removed from the Residential Property and Casualty

  2  Joint Underwriting Association.

  3         b.  Assessments to pay deficits in the association

  4  under this subparagraph shall be included as an appropriate

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

  6         c.  The Legislature finds that the potential for

  7  unlimited deficit assessments under this subparagraph may

  8  induce insurers to attempt to reduce their writings in the

  9  voluntary market, and that such actions would worsen the

10  availability problems that the association was created to

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

12  remain fully responsible for paying regular assessments and

13  collecting emergency assessments for any deficits of the

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

15  to provide a means by which assessment liabilities may be

16  amortized over a period of years.

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

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

19  direct written premium for property insurance for the prior

20  calendar year for all member insurers, the association shall

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

22  the deficit.

23         (II)  When the deficit incurred in a particular

24  calendar year exceeds 10 percent of the aggregate statewide

25  direct written premium for property insurance for the prior

26  calendar year for all member insurers, the association shall

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

28  the greater of 10 percent of the deficit or 10 percent of the

29  aggregate statewide direct written premium for property

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

31  remaining deficit shall be recovered through emergency

                                  7
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

  3  that a deficit exceeds the amount that will be recovered

  4  through regular assessments on member insurers, pursuant to

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

  6  board shall levy, after verification by the department,

  7  emergency assessments to be collected by member insurers and

  8  by underwriting associations created pursuant to this section

  9  which write property insurance, upon issuance or renewal of

10  property insurance policies other than National Flood

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

12  regular assessments. The amount of the emergency assessment

13  collected in a particular year shall be a uniform percentage

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

15  for all member insurers and underwriting associations,

16  excluding National Flood Insurance policy premiums, as

17  annually determined by the board and verified by the

18  department. The department shall verify the arithmetic

19  calculations involved in the board's determination within 30

20  days after receipt of the information on which the

21  determination was based. Notwithstanding any other provision

22  of law, each member insurer and each underwriting association

23  created pursuant to this section shall collect emergency

24  assessments from its policyholders without such obligation

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

26  deferment.  The emergency assessments so collected shall be

27  transferred directly to the association on a periodic basis as

28  determined by the association. The aggregate amount of

29  emergency assessments levied under this sub-sub-subparagraph

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

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

                                  8
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

  3  percent of the aggregate statewide direct written premium for

  4  property insurance written by member insurers and underwriting

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

  6  commissions, required reserves, and other costs associated

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

  8  proceeds of the emergency assessments under this

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

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

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

12  the board determines will efficiently recover the deficit. The

13  emergency assessments under this sub-sub-subparagraph shall

14  continue as long as any bonds issued or other indebtedness

15  incurred with respect to a deficit for which the assessment

16  was imposed remain outstanding, unless adequate provision has

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

18  pursuant to the document governing such bonds or other

19  indebtedness. Emergency assessments collected under this

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

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

22  commissions; however, failure to pay the emergency assessment

23  shall be treated as failure to pay premium.

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

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

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

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

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

29  aggregate statewide net direct premium for property insurance

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

31  voluntary writings for that year.

                                  9
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         (V)  If regular deficit assessments are made under

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

  3  the Residential Property and Casualty Joint Underwriting

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

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

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

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

  8  a market equalization surcharge in a percentage equal to the

  9  total amount of such regular assessments divided by the

10  aggregate statewide direct written premium for property

11  insurance for member insurers for the prior calendar year.

12  Market equalization surcharges under this sub-sub-subparagraph

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

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

15  equalization surcharge shall be treated as failure to pay

16  premium.

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

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

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

20  assistance program, in conjunction with the association, for

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

22  to avoid needless and indiscriminate proliferation,

23  duplication, and fragmentation of such assistance programs,

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

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

26  losses, regardless of whether or not the losses occurred

27  within or outside of the territorial jurisdiction of the local

28  government. Revenue bonds may not be issued until validated

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

30  declared by executive order or proclamation of the Governor

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

                                  10
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

  3  welfare of residents of this state and the protection and

  4  preservation of the economic stability of insurers operating

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

  6  permit certain municipalities or counties to issue bonds as

  7  will provide relief to claimants and policyholders of the

  8  association and insurers responsible for apportionment of plan

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

10  contracts with the association and with any other entity

11  created pursuant to this subsection as are necessary to carry

12  out this paragraph. Any bonds issued under this

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

14  received by the association from assessments under this

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

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

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

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

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

20  remain unsold 60 days after issuance, the department shall

21  require all insurers subject to assessment to purchase the

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

23  shall be required to purchase that percentage of the unsold

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

25  share of assessment liability under this subsection. An

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

27  extent that the department determines that the purchase would

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

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

30  authority granted by subparagraph 6.

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

                                  11
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

  2  percent or more of its total countrywide property insurance

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

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

  5  apportionment company. The apportionment of such a member

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

  7  not exceed its gross participation, which shall not be

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

  9  shall a limited apportionment company be required to

10  participate in any apportionment of losses pursuant to

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

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

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

14  apportionment company shall collect from its policyholders any

15  emergency assessment imposed under sub-sub-subparagraph

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

17  determines that any regular assessment will result in an

18  impairment of the surplus of a limited apportionment company,

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

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

21  deferment of an emergency assessment to be collected from

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

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

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

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

26  but not for an emergency assessment collected from

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

28  opinion of the commissioner, payment of such regular

29  assessment would endanger or impair the solvency of the member

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

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

                                  12
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  such assessment is deferred may be assessed against the other

  2  member insurers in a manner consistent with the basis for

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

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

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

  6  rules for classification of risks and rate modifications

  7  consistent with the objective of providing and maintaining

  8  funds sufficient to pay catastrophe losses.

  9         b.  The association may require arbitration of a rate

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

11  Legislature that the rates for coverage provided by the

12  association be actuarially sound and not competitive with

13  approved rates charged in the admitted voluntary market such

14  that the association functions as a residual market mechanism

15  to provide insurance only when the insurance cannot be

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

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

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

19  line of business are reflective of approved rates in the

20  voluntary market for hurricane coverage for each line of

21  business in the various areas eligible for association

22  coverage.

23         c.  The association shall provide for windstorm

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

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

26  for personal lines residential risks. If coverage with the

27  association is sought for a residential risk valued in excess

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

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

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

31  located in the authorized market. The association must accept

                                  13
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  a commercial lines residential risk with limits above $10

  2  million or a personal lines residential risk with limits above

  3  $1 million if coverage is not available in the authorized

  4  market.  The association may write coverage above the limits

  5  specified in this subparagraph with or without facultative or

  6  other reinsurance coverage, as the association determines

  7  appropriate.

  8         d.  The plan of operation must provide objective

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

10  uniformly applied for all applicants in determining whether an

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

12  making this determination and in establishing the criteria and

13  procedures, the following shall be considered:

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

15  individual risk is substantially higher than for other risks

16  of the same class; and

17         (II)  Whether the uncertainty associated with the

18  individual risk is such that an appropriate premium cannot be

19  determined.

20

21  The acceptance or rejection of a risk by the association

22  pursuant to such criteria and procedures must be construed as

23  the private placement of insurance, and the provisions of

24  chapter 120 do not apply.

25         e.  The policies issued by the association must provide

26  that if the association obtains an offer from an authorized

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

28  standard policy including wind coverage or, if consistent with

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

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

31  eligible for coverage through the association. Upon

                                  14
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  termination of eligibility, the association shall provide

  2  written notice to the policyholder and agent of record stating

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

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

  5  from an authorized insurer. Other provisions of the insurance

  6  code relating to cancellation and notice of cancellation do

  7  not apply to actions under this sub-subparagraph.

  8         f.  Association policies and applications must include

  9  a notice that the association policy could, under this

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

11  insurer that does not provide coverage identical to the

12  coverage provided by the association. The notice shall also

13  specify that acceptance of association coverage creates a

14  conclusive presumption that the applicant or policyholder is

15  aware of this potential.

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

17  of a private nonprofit corporation, a private nonprofit

18  unincorporated association, a partnership, a trust, a limited

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

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

21  bonds or by incurring other indebtedness and to accumulate

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

23  catastrophe losses. The plan may authorize all actions

24  necessary to facilitate the issuance of bonds, including the

25  pledging of assessments or other revenues.

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

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

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

29  instruments; pledge or sell assessments, market equalization

30  surcharges and other surcharges, rights, premiums, contractual

31  rights, projected recoveries from the Florida Hurricane

                                  15
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  Catastrophe Fund, other reinsurance recoverables, and other

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

  3  enter into any contracts or agreements necessary or proper to

  4  accomplish such borrowings; and take other actions necessary

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

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

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

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

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

10  subject to approval by the department that such action would

11  enable it to efficiently meet the financial obligations of the

12  association and that such financings are reasonably necessary

13  to effectuate the requirements of this subsection. Any such

14  entity may accumulate reserves and retain surpluses as of the

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

16  losses incurred by the association during that year or any

17  future year. The association shall incorporate and continue

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

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

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

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

22  of directors and officers currently serving shall continue to

23  serve until their successors are duly qualified as provided

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

25  effect immediately prior to the effective date of chapter

26  76-96 shall be construed to be the assets and obligations of

27  the successor plan created herein.

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

29  Constitution, prohibiting the impairment of obligations of

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

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

                                  16
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  financing agreement or any revenue source committed by

  2  contract to such bond or other indebtedness issued or incurred

  3  by the association or any other entity created under this

  4  subsection.

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

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

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

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

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

10  company.

11         8.  Subject to approval by the department, the

12  association may establish different eligibility requirements

13  and operational procedures for any line or type of coverage

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

15  if the board determines that such changes to the eligibility

16  requirements and operational procedures are justified due to

17  the voluntary market being sufficiently stable and competitive

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

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

20  through the voluntary market through ordinary methods would

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

22  coverage is sought in connection with a real property

23  transfer, such requirements and procedures shall not provide

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

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

26  transferee, and, if applicable, the lender.

27         9.  Notwithstanding any other provision of law:

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

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

30  the association created or purported to be created pursuant to

31  any financing documents to secure any bonds or other

                                  17
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  indebtedness of the association shall be and remain valid and

  2  enforceable, notwithstanding the commencement of and during

  3  the continuation of, and after, any rehabilitation,

  4  insolvency, liquidation, bankruptcy, receivership,

  5  conservatorship, reorganization, or similar proceeding against

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

  7  applicable laws.

  8         b.  No such proceeding shall relieve the association of

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

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

11  assessments, market equalization or other surcharges,

12  projected recoveries from the Florida Hurricane Catastrophe

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

14  or other assets of the association pledged.

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

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

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

18  assessments, market equalization or renewal surcharges,

19  projected recoveries from the Florida Hurricane Catastrophe

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

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

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

23  any such proceeding shall continue unaffected by such

24  proceeding.

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

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

27  now existing or hereafter created evidencing any bonds or

28  other indebtedness of the association or pursuant to which any

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

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

31  association are pledged or sold to secure the repayment of

                                  18
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  such bonds or indebtedness, together with the payment of

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

  3  any other obligation of the association related to such bonds

  4  or indebtedness.

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

  6  contract rights or other rights or assets of the association

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

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

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

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

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

12  valid, binding, and enforceable against the association or

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

14  against and superior to any competing claims or obligations

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

16  this state, asserting rights in any such assessments,

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

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

19  sale contained in the applicable financing documents, whether

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

21  sale and without the need for any physical delivery,

22  recordation, filing, or other action.

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

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

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

26  association, members of the board of directors of the

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

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

29  responsibilities under this subsection. Such immunity does not

30  apply to actions for breach of any contract or agreement

31  pertaining to insurance, or any willful tort.

                                  19
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         (6)  CITIZENS RESIDENTIAL PROPERTY INSURANCE

  2  CORPORATION AND CASUALTY JOINT UNDERWRITING ASSOCIATION.--

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

  4  catastrophic losses to property in this state from hurricanes

  5  have caused insurers to be unwilling or unable to provide

  6  property insurance coverage to the extent sought and needed.

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

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

  9  facilitate the remediation, reconstruction, and replacement of

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

11  negative effects otherwise resulting to the public health,

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

13  revenues of the state and local governments needed to provide

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

15  property insurance to applicants who are in good faith

16  entitled to procure insurance through the voluntary market but

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

18  subsection that property insurance be provided and that it

19  continues, as long as necessary, through an entity organized

20  to achieve efficiencies and economies, all toward the

21  achievement of the foregoing public purposes. Because it is

22  essential for the corporation to have the maximum financial

23  resources to pay claims following a catastrophic hurricane, it

24  is the intent of the Legislature that the income of the

25  corporation be exempt from federal income taxation and that

26  interest on the debt obligations issued by the corporation be

27  exempt from federal income taxation.

28         2.  The Residential Property and Casualty Joint

29  Underwriting Association originally created by this statute

30  shall be known, as of July 1, 2002, as the Citizens Property

31  Insurance Corporation. The corporation shall provide insurance

                                  20
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  for residential and commercial

  2         (a)  There is created a joint underwriting association

  3  for equitable apportionment or sharing among insurers of

  4  property and casualty insurance covering residential property,

  5  for applicants who are in good faith entitled, but are unable,

  6  to procure insurance through the voluntary market. The

  7  corporation association shall operate pursuant to a plan of

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

  9  subject to continuous review by the department. The department

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

11  the department determines that conditions have changed since

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

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

14  residential coverage includes both personal lines residential

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

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

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

18  lines residential coverage, which consists of the type of

19  coverage provided by condominium association, apartment

20  building, and similar policies.

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

22  subject lines of business in this state are subject to

23  assessment by the corporation and, for the purposes of this

24  subsection, are referred to collectively as "assessable

25  insurers." Insurers writing one or more subject lines of

26  business in this state pursuant to part VIII of chapter 626

27  are not assessable insurers, but insureds who procure one or

28  more subject lines of business in this state pursuant to part

29  VIII of chapter 626 are subject to assessment by the

30  corporation and are referred to collectively as "assessable

31  insureds." An authorized insurer's assessment liability, other

                                  21
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  than underwriting associations or other entities created under

  2  this section, must participate in and be members of the

  3  Residential Property and Casualty Joint Underwriting

  4  Association. A member's participation shall begin on the first

  5  day of the calendar year following the year in which the

  6  insurer member was issued a certificate of authority to

  7  transact insurance for subject lines of business in this state

  8  and shall terminate 1 year after the end of the first calendar

  9  year during which the insurer member no longer holds a

10  certificate of authority to transact insurance for subject

11  lines of business in this state.

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

13  expenses of the corporation association shall be divided into

14  three two separate accounts as follows:

15         (I)  A personal lines account for personal residential

16  policies issued by the corporation or issued by the

17  Residential Property and Casualty Joint Underwriting

18  Association and renewed by the corporation that provide

19  comprehensive, multi-peril coverage on risks that are not

20  located in areas eligible for coverage in the Florida

21  Windstorm Underwriting Association as those areas were defined

22  on january 1, 2002 and for such policies that do not provide

23  coverage for the peril of wind on risks that are located in

24  such areas;

25         (II)  A commercial lines account for commercial

26  residential policies issued by the corporation or issued by

27  the Residential Property and Casualty Joint Underwriting

28  Association nd renewed by the corporation that provide

29  coverage for basic property perils on risks that are not

30  located in areas eligible for coverage in the Florida

31  Windstorm Underwriting Association as those areas were defined

                                  22
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  on January 1, 2002 and for such policies that do not provide

  2  coverage for the peril of wind on risks that are located in

  3  such areas; and

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

  5  policies an commercial residential and commercial

  6  non-residential property policies issued by ;the corporation

  7  or transferred to the corporation that provide coverage for

  8  the peril of wind on risks that are located in areas eligible

  9  for coverage in the Florida Windstorm Underwriting Association

10  as those areas were defined on January 1, 2002. The high-risk

11  account must also include quota share primary insurance under

12  subparagraph (c)2. The area eligible for coverage under the

13  high-risk account also includes the area within Port

14  Canaveral, which is bordered on the south by the City of Cape

15  Canaveral, bordered on the west by the Banana River, and

16  bordered on the north by Federal Government property.  The

17  department may remove territory from the area eligible for

18  wind-only and quota share coverage if, after a public hearing,

19  the department finds that authorized insurers in the voluntary

20  market are willing and able to write sufficient amounts of

21  personal and commercial residential coverage for all perils in

22  the territory, including coverage for the peril of wind, such

23  that risks covered by wind-only policies in the removed

24  territory could be issued a policy by the corporation in

25  either the personal lines or commercial lines account without

26  a significant increase in the corporations' probable maximum

27  loss in such account. Removal of territory from the area

28  eligible for wind-only or quota share coverage does not alter

29  the assignment of wind coverage written in such areas to the

30  high-risk account.

31         b.  The three separate accounts must be maintained as

                                  23
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  long as financing obligations entered into by the Florida

  2  Windstorm Underwriting Association or Residential Property and

  3  Casualty Joint Underwriting Association are outstanding, in

  4  accordance with the terms of the corresponding financing

  5  documents. When the financing obligations are no longer

  6  outstanding, in accordance with the terms of the corresponding

  7  financing documents, the corporation may use a single account

  8  for all revenues, assets, liabilities, losses, and expenses of

  9  the corporation., one of which is for personal lines

10  residential coverages and the other of which is for commercial

11  lines residential coverages.

12         c.  Creditors of the joint underwriting association

13  shall have a claim against, and recourse to, the accounts

14  referred to in sub-sub-subparagraphs a.(I) and (II) and shall

15  have no claim against, or recourse to, the account referred to

16  in sub-sub-subparagraph a.(III). Creditors of the Florida

17  Windstorm Underwriting Association shall have a claim against,

18  and recourse to, the account referred to in

19  sub-sub-subparagraph a.(III) and shall have no claim against,

20  or recourse to, the accounts referred to in

21  sub-sub-subparagraphs a.(I) and (II).

22         d.  Revenues, assets, liabilities, losses, and expenses

23  not attributable to particular accounts coverages shall be

24  prorated among between the accounts.

25         e.  The Legislature finds that the revenues of the

26  corporation are revenues that are necessary to meet the

27  requirements set forth in documents authorizing the issuance

28  of bonds under this subsection.

29         f.  No part of the income of the corporation may inure

30  to the benefit of any private person.

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

                                  24
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  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 member insurers, the entire

  5  deficit shall be recovered through regular assessments of

  6  assessable member insurers under paragraph (g) and assessable

  7  insureds.

  8         b.  When the deficit incurred in a particular calendar

  9  year exceeds 10 percent of the aggregate statewide direct

10  written premium for the subject lines of business for the

11  prior calendar year for all member insurers, the corporation

12  association shall levy regular assessments an assessment on

13  assessable member insurers under paragraph (g) and on

14  assessable insureds in an amount equal to the greater of 10

15  percent of the deficit or 10 percent of the aggregate

16  statewide direct written premium for the subject lines of

17  business for the prior calendar year for all member insurers.

18  Any remaining deficit shall be recovered through emergency

19  assessments under sub-subparagraph d.

20         c.  Each assessable member insurer's share of the

21  amount being assessed total assessment under sub-subparagraph

22  a. or sub-subparagraph b. shall be in the proportion that the

23  assessable member insurer's direct written premium for the

24  subject lines of business for the year preceding the

25  assessment bears to the aggregate statewide direct written

26  premium for the subject lines of business for that year for

27  all member insurers. The assessment percentage applicable to

28  each assessable insured is the ratio of the amount being

29  assessed under sub-subparagraph a. or sub-subparagraph b. to

30  the aggregate statewide direct written premium for the subject

31  lines of business for the prior year. Assessments levied by

                                  25
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  the corporation on assessable insurers under sub-subparagraphs

  2  a. and b. shall be paid as required by the corporation's plan

  3  of operation and paragraph (g). Assessments levied by the

  4  corporation on assessable insureds under sub-subparagraphs a.

  5  and b. shall be collected by the surplus lines agent at the

  6  time the surplus lines agent collects the surplus lines tax

  7  required by s. 626.932 and shall be paid to the Florida

  8  Surplus Lines Service Office at the time the surplus lines

  9  agent pays the surplus lines tax to the Florida Surplus Lines

10  Service Office. Upon receipt of regular assessments from

11  surplus lines agents, the Florida surplus Lines Service Office

12  shall transfer the assessments directly to the corporation as

13  determined by the corporation.

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

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

16  recovered through regular assessments on member insurers under

17  sub-subparagraph a. or sub-subparagraph b., the board shall

18  levy, after verification by the department, emergency

19  assessments, for as many years as necessary to cover the

20  deficits, to be collected by assessable member insurers and

21  the corporation and collected from assessable insureds by

22  underwriting associations created under this section which

23  write subject lines of business upon issuance or renewal of

24  policies for subject lines of business, excluding National

25  Flood Insurance policies, in the year or years following levy

26  of the regular assessments.  The amount of the emergency

27  assessment collected in a particular year shall be a uniform

28  percentage of that year's direct written premium for subject

29  lines of business and all accounts of the corporation for all

30  member insurers and underwriting associations, excluding

31  National Flood Insurance Program policy premiums, as annually

                                  26
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

  2  department shall verify the arithmetic calculations involved

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

  4  the information on which the determination was based.

  5  Notwithstanding any other provision of law, the corporation

  6  and each assessable member insurer that and each underwriting

  7  association created under this section which writes subject

  8  lines of business shall collect emergency assessments from its

  9  policyholders without such obligation being affected by any

10  credit, limitation, exemption, or deferment. Emergency

11  assessments levied by the corporation on assessable insureds

12  shall be collected by the surplus lines agent at the time the

13  surplus lines agent collects the surplus lines tax required by

14  s. 626.932 and shall be paid to the Florida Surplus Lines

15  Service Office at the time the surplus lines agent pays the

16  surplus lines tax to the Florida Surplus Lines Service Office.

17  The emergency assessments so collected shall be transferred

18  directly to the corporation association on a periodic basis as

19  determined by the corporation and shall be held by the

20  corporation solely in the applicable account  association.

21  The aggregate amount of emergency assessments levied for an

22  account under this sub-subparagraph in any calendar year may

23  not exceed the greater of 10 percent of the amount needed to

24  cover the original deficit, plus interest, fees, commissions,

25  required reserves, and other costs associated with financing

26  of the original deficit, or 10 percent of the aggregate

27  statewide direct written premium for subject lines of business

28  and for all accounts of the corporation written by member

29  insurers and underwriting associations for the prior year,

30  plus interest, fees, commissions, required reserves, and other

31  costs associated with financing the original deficit.

                                  27
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         e.  The corporation board may pledge the proceeds of

  2  assessments, projected recoveries from the Florida Hurricane

  3  Catastrophe Fund, other insurance and reinsurance

  4  recoverables, market equalization surcharges and other

  5  surcharges, and other funds available to the corporation

  6  association as the source of revenue for and to secure bonds

  7  issued under paragraph (g), bonds or other indebtedness issued

  8  under subparagraph (c)3., or lines of credit or other

  9  financing mechanisms issued or created under this subsection,

10  or to retire any other debt incurred as a result of deficits

11  or events giving rise to deficits, or in any other way that

12  the board determines will efficiently recover such deficits.

13  The purpose of the lines of credit or other financing

14  mechanisms is to provide additional resources to assist the

15  corporation association in covering claims and expenses

16  attributable to a catastrophe. As used in this subsection, the

17  term "assessments" includes regular assessments under

18  sub-subparagraph a., sub-subparagraph b., or subparagraph

19  (g)1. and emergency assessments under sub-subparagraph d.

20  Emergency assessments collected under sub-subparagraph d. are

21  not part of an insurer's rates, are not premium, and are not

22  subject to premium tax, fees, or commissions; however, failure

23  to pay the emergency assessment shall be treated as failure to

24  pay premium. The emergency assessments under sub-subparagraph

25  d. shall continue as long as any bonds issued or other

26  indebtedness incurred with respect to a deficit for which the

27  assessment was imposed remain outstanding, unless adequate

28  provision has been made for the payment of such bonds or other

29  indebtedness pursuant to the documents governing such bonds or

30  other indebtedness.

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

                                  28
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  of business" means insurance written by assessable insurers or

  2  procured by assessable insureds on real or personal property,

  3  as defined in s. 624.604, including insurance for fire,

  4  industrial fire, allied lines, farmowners multiperil,

  5  homeowners multiperil, commercial multiperil, and mobile

  6  homes, and including liability coverage on all such insurance,

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

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

  9  than insurance on mobile homes used as permanent dwellings.

10         g.  The Florida Surplus Lines Service Office shall

11  determine annually the aggregate statewide written premium in

12  subject lines of business procured by assessable insureds and

13  shall report that information to the corporation in a form and

14  at a time the corporation specifies to ensure that the

15  corporation can meet the requirements of this subsection and

16  the corporation's financing obligations.

17         h.  The Florida Surplus Lines Service Office shall

18  verify the proper application by surplus lines agents of

19  assessment percentages for regular assessments and emergency

20  assessments levied under this subparagraph on assessable

21  insureds and shall assist the corporation in ensuring the

22  accurate, timely collection and payment of assessments by

23  surplus lines agents as required by the corporation., with

24  respect to the personal lines account, any personal lines

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

26  commercial lines account, all commercial property and

27  commercial fire insurance.

28         (c)  The plan of operation of the corporation

29  association:

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

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

                                  29
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

  2  licensed agent shall be entitled to indicate the order of

  3  preference regarding who will service the business placed by

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

  5  preferences unless after consideration of other factors in

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

  7  capacity and fee arrangements, the association has reason to

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

  9  a different assignment.

10         1.2.  Must provide for adoption of residential property

11  and casualty insurance policy forms and commercial residential

12  and nonresidential property insurance forms, which forms must

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

14  association shall adopt the following policy forms:

15         a.  Standard personal lines policy forms that including

16  wind coverage, which are comprehensive multiperil policies

17  providing what is generally considered to be full coverage of

18  a residential property equivalent similar to the coverage

19  provided in the private insurance market under an HO-2, HO-3,

20  HO-4, or HO-6 policy.

21         b.  Standard personal lines policy forms without wind

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

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

24  coverage.

25         b.c.  Basic personal lines policy forms that including

26  wind coverage, which are policies similar to an HO-8 policy or

27  a dwelling fire policy that provide coverage meeting the

28  requirements of the secondary mortgage market, but which

29  coverage is more limited than the coverage under a standard

30  policy.

31         d.  Basic personal lines policy forms without wind

                                  30
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

  2  sub-subparagraph c. except that they do not include wind

  3  coverage.

  4         c.e.  Commercial lines residential policy forms

  5  including wind coverage that are generally similar to the

  6  basic perils of full coverage obtainable for commercial

  7  residential structures in the admitted voluntary market.

  8         d.  Personal lines and commercial lines residential

  9  property insurance forms that cover the peril of wind only.

10  The forms are applicable only to residential properties

11  located in areas eligible for coverage under the high-risk

12  account referred to in sub-subparagraph (b)2.a.

13         e.  Commercial lines nonresidential property insurance

14  forms that cover the peril of wind only.  The forms are

15  applicable only to nonresidential properties located in areas

16  eligible for coverage under the high-risk account referred to

17  in sub-subparagraph (b)2.a.

18         2.a.  Must provide that the corporation adopt a program

19  in which the corporation and authorized insurers enter into

20  quota share primary insurance agreements for hurricane

21  coverage, as defined in s. 627.4025(2)(a), for eligible risks,

22  and adopt property insurance forms for eligible risks which

23  cover the peril of wind only. As used in this subsection, the

24  term:

25         (I)  "Quota share primary insurance" means an

26  arrangement in which the primary hurricane coverage of an

27  eligible risk is provided in specified percentages by the

28  corporation and an authorized insurer. The corporation and

29  authorized insurer are each solely responsible for a specified

30  percentage of hurricane coverage of an eligible risk as set

31  forth in a quota share primary insurance agreement between the

                                  31
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  corporation and an authorized insurer and the insurance

  2  contract. The responsibility of the corporation or authorized

  3  insurer to pay its specified percentage of hurricane losses of

  4  an eligible risk, as set forth in the quota share primary

  5  insurance agreement, may not be altered by the inability of

  6  the other party to the agreement to pay its specified

  7  percentage of hurricane losses. Eligible risks that are

  8  provided hurricane coverage through a quota share primary

  9  insurance arrangement must be provided policy forms that set

10  forth the obligations of the corporation and authorized

11  insurer under the arrangement, clearly specify the percentages

12  of quota share primary insurance provided by the corporation

13  and authorized insurer, and conspicuously and clearly state

14  that neither the authorized insurer nor the corporation may be

15  held responsible beyond its specified percentage of coverage

16  of hurricane losses.

17         (II)  "Eligible risks" means personal lines residential

18  and commercial lines residential risks that meet the

19  underwriting criteria of the corporation and are located in

20  areas that were eligible for coverage by the Florida Windstorm

21  Underwriting Association on January 1, 2002.

22         b.  The corporation may enter into quota share primary

23  insurance agreements with authorized insurers at corporation

24  coverage levels of 90 percent and 50 percent.

25         c.  If the corporation determines that additional

26  coverage levels are necessary to maximize participation in

27  quota share primary insurance agreements by authorized

28  insurers, the corporation may establish additional coverage

29  levels. However, the corporation's quota share primary

30  insurance coverage level may not exceed 90 percent.

31         d.  Any quota share primary insurance agreement entered

                                  32
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  into between an authorized insurer and the corporation must

  2  provide for a uniform, specified percentage of coverage of

  3  hurricane losses, by county or territory as set forth by the

  4  corporation board, for all eligible risks of the authorized

  5  insurer covered under the quota share primary insurance

  6  agreement.

  7         e.  Any quota share primary insurance agreement entered

  8  into between an authorized insurer and the corporation is

  9  subject to review and approval by the department. However,

10  such agreement shall be authorized only as to insurance

11  contracts entered into between an authorized insurer and an

12  insured who is already insured by the corporation for wind

13  coverage.

14         f.  For all eligible risks covered under quota share

15  primary insurance agreements, the exposure and coverage levels

16  for both the corporation and authorized insurers shall be

17  reported by the corporation to the Florida Hurricane

18  Catastrophe Fund. For all policies of eligible risks covered

19  under quota share primary insurance agreements, the

20  corporation and the authorized insurer shall maintain complete

21  and accurate records for the purpose of exposure and loss

22  reimbursement audits as required by Florida Hurricane

23  Catastrophe Fund rules. The corporation and the authorized

24  insurer shall each maintain duplicate copies of policy

25  declaration pages and supporting claims documents.

26         g.  The corporation board shall establish in its plan

27  of operation standards for quota share agreements which ensure

28  that there is no discriminatory application among insurers as

29  to the terms of quota share agreements, pricing of quota share

30  agreements, incentive provisions if any, and consideration

31  paid for servicing policies or adjusting claims.

                                  33
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         h.  The quota share primary insurance agreement between

  2  the corporation and an authorized insurer must set forth the

  3  specific terms under which coverage is provided, including,

  4  but not limited to, the sale and servicing of policies issued

  5  under the agreement by the insurance agent of the authorized

  6  insurer producing the business, the reporting of information

  7  concerning eligible risks, the payment of premium to the

  8  corporation, and arrangements for the adjustment and payment

  9  of hurricane claims incurred on eligible risks by the claims

10  adjuster and personnel of the authorized insurer. Entering

11  into a quota sharing insurance agreement between the

12  corporation and an authorized insurer shall be voluntary and

13  at the discretion of the authorized insurer.

14         f.  Commercial lines residential policy forms without

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

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

17  coverage.

18         3.  May provide that the corporation association may

19  employ or otherwise contract with individuals or other

20  entities to provide administrative or professional services

21  that may be appropriate to effectuate the plan. The

22  corporation association shall have the power to borrow funds,

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

24  have other powers reasonably necessary to effectuate the

25  requirements of this subsection. The corporation may, but is

26  not required to, seek judicial validation of its bonds or

27  other indebtedness under chapter 75. The corporation

28  association may issue bonds or incur other indebtedness, or

29  have bonds issued on its behalf by a unit of local government

30  pursuant to subparagraph (g)2., in the absence of a hurricane

31  or other weather-related event, upon a determination by the

                                  34
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  corporation association, subject to approval by the

  2  department, that such action would enable it to efficiently

  3  meet the financial obligations of the corporation association

  4  and that such financings are reasonably necessary to

  5  effectuate the requirements of this subsection. The

  6  corporation association is authorized to take all actions

  7  needed to facilitate tax-free status for any such bonds or

  8  indebtedness, including formation of trusts or other

  9  affiliated entities. The corporation association shall have

10  the authority to pledge assessments, projected recoveries from

11  the Florida Hurricane Catastrophe Fund, other reinsurance

12  recoverables, market equalization and other surcharges, and

13  other funds available to the corporation association as

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

15  10, Art. I of the State Constitution, prohibiting the

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

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

18  impair any bond indenture or financing agreement or any

19  revenue source committed by contract to such bond or other

20  indebtedness.

21         4.a.  Must require that the corporation association

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

23  governors consisting of 7 13 individuals who are residents of

24  this state, from different geographical areas of this state,

25  appointed by the Treasurer. The Treasurer shall designate one

26  of the appointees as chair. All board members serve at the

27  pleasure of the Treasurer., including 1 who is elected as

28  chair. The board shall consist of:

29         a.  The insurance consumer advocate appointed under s.

30  627.0613.

31         b.  Five members designated by the insurance industry.

                                  35
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         c.  Five consumer representatives appointed by the

  2  Insurance Commissioner. Two of the consumer representatives

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

  4  issued by the association, who are selected with consideration

  5  given to reflecting the geographic balance of association

  6  policyholders. Two of the consumer members must be individuals

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

  8  the consumer members shall have expertise in the field of

  9  mortgage lending.

10         d.  Two representatives of the insurance industry

11  appointed by the Insurance Commissioner. Of the two insurance

12  industry representatives appointed by the Insurance

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

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

15

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

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

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

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

20  board vacancy shall be filled for the unexpired term by the

21  Treasurer. The Treasurer shall appoint a technical advisory

22  group to provide information and advice to the board of

23  governors in connection with the board's duties under this

24  subsection. The executive director and senior managers of the

25  corporation shall be engaged by the Treasurer and serve at the

26  pleasure of the Treasurer. The executive director is

27  responsible for employing other staff as the corporation may

28  require, subject to review and concurrence by the Office of

29  the Treasurer.

30         b.  To ensure the effective and efficient

31  implementation of this subsection, the Treasurer shall appoint

                                  36
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  the board of governors by July 1, 2002. The board of governors

  2  shall work in conjunction with the Residential Property

  3  Insurance Market Coordinating Council to address appropriate

  4  organizational, operational, and financial matters relating to

  5  the corporation. In addition, after consultation with the

  6  Residential Property Insurance Market Coordinating Council,

  7  the bond trustees and rating agencies, the Treasurer may

  8  postpone for a period not to exceed 180 days after the

  9  effective date, the implementation of the corporation or the

10  implementation of one or more of the provisions relating to

11  transfer of Florida Windstorm Underwriting Association

12  policies, obligations, rights, assets, and liabilities into

13  the high-risk accounts and such other provisions that may be

14  affected thereby if the Treasurer determines that postponement

15  is necessary:

16         (i)  Due to emergency conditions;

17         (ii)  To ensure the effective and efficient

18  implementation of the corporation's operations; or

19         (iii)  To maintain existing financing arrangements

20  without a material adverse effect on the creditors of the

21  Residential Property and Casualty Joint Underwriting

22  Association or the Florida Windstorm Underwriting Association.

23         5.  Must provide a procedure for determining the

24  eligibility of a risk for coverage, as follows:

25         a.  With respect to personal lines residential risks,

26  if the risk is offered full coverage from an authorized

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

28  policy including wind coverage or, if consistent with the

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

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

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

                                  37
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  risk accepts an offer of coverage through the market

  2  assistance plan or an offer of coverage through a mechanism

  3  established by the corporation association before a policy is

  4  issued to the risk by the corporation association or during

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

  6  and the producing agent who submitted the application to the

  7  plan or to the corporation association is not currently

  8  appointed by the insurer, the insurer shall either:

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

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

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

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

13  customary commission of the corporation; or

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

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

16  not less than 1 year and offer to pay the agent the insurer's

17  usual and customary commission for the type of policy written.

18  If the producing agent is unwilling or unable to accept

19  appointment by the new insurer, the new insurer shall pay the

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

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

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

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

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

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

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

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

28  agent in lieu of splitting the commission.

29

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

31  eligible for either a standard policy including wind coverage

                                  38
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  or a basic policy including wind coverage issued by the

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

  3  insured under a standard policy including wind coverage

  4  regardless of market conditions, the risk shall be eligible

  5  for a basic policy including wind coverage unless rejected

  6  under subparagraph 8. The corporation association shall

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

  8  objective standards specified in the underwriting manual and

  9  based on generally accepted underwriting practices.

10         b.  With respect to commercial lines residential risks,

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

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

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

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

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

16  mechanism established by the corporation association before a

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

18  and the producing agent who submitted the application to the

19  plan or the corporation association is not currently appointed

20  by the insurer, the insurer shall either:

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

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

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

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

25  customary commission of the corporation; or

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

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

28  not less than 1 year and offer to pay the agent the insurer's

29  usual and customary commission for the type of policy written.

30  If the producing agent is unwilling or unable to accept

31  appointment by the new insurer, the new insurer shall pay the

                                  39
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

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

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

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

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

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

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

  9  of splitting the commission.

10

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

12  eligible for a policy including wind coverage issued by the

13  corporation association.

14         c.  This subparagraph does not require the association

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

16  which such coverage is available through the Florida Windstorm

17  Underwriting Association.

18         6.  Must include rules for classifications of risks and

19  rates therefor.

20         7.  Must provide that if premium and investment income

21  for an account attributable to a particular calendar plan year

22  are in excess of projected losses and expenses for the account

23  of the plan attributable to that year, such excess shall be

24  held in surplus in the account. Such surplus shall be

25  available to defray deficits in that account as to future

26  years and shall be used for that purpose prior to assessing

27  assessable member insurers and assessable insureds as to any

28  calendar plan year.

29         8.  Must provide objective criteria and procedures to

30  be uniformly applied for all applicants in determining whether

31  an individual risk is so hazardous as to be uninsurable. In

                                  40
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  making this determination and in establishing the criteria and

  2  procedures, the following shall be considered:

  3         a.  Whether the likelihood of a loss for the individual

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

  5  class; and

  6         b.  Whether the uncertainty associated with the

  7  individual risk is such that an appropriate premium cannot be

  8  determined.

  9

10  The acceptance or rejection of a risk by the corporation

11  association shall be construed as the private placement of

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

13         9.  Must provide that the corporation association shall

14  make its best efforts to procure catastrophe reinsurance at

15  reasonable rates, as determined by the board of governors.

16         10.  Must provide that in the event of regular deficit

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

18  (b)3.b., in the personal lines account, the commercial lines

19  residential account, or the high-risk account or by the

20  Florida Windstorm Underwriting Association under

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

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

23  corporation association policyholders in its next rate filing,

24  or by a separate rate filing solely for this purpose, a market

25  equalization surcharge arising from a regular assessment in

26  such account in a percentage equal to the total amount of such

27  regular assessments divided by the aggregate statewide direct

28  written premium for subject lines of business for member

29  insurers for the prior calendar year. Market equalization

30  surcharges under this subparagraph are not considered premium

31  and are not subject to commissions, fees, or premium taxes;

                                  41
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  however, failure to pay a market equalization surcharge shall

  2  be treated as failure to pay premium.

  3         11.  The policies issued by the corporation association

  4  must provide that, if the corporation association or the

  5  market assistance plan obtains an offer from an authorized

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

  7  standard policy including wind coverage or a basic policy

  8  including wind coverage, the risk is no longer eligible for

  9  renewal coverage through the corporation association. However,

10  if the risk is located in an area in which Florida Windstorm

11  Underwriting Association coverage is available, such an offer

12  of a standard or basic policy terminates eligibility

13  regardless of whether or not the offer includes wind coverage.

14  Upon termination of eligibility, the association shall provide

15  written notice to the policyholder and agent of record stating

16  that the association policy shall be canceled as of 60 days

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

18  from an authorized insurer. Other provisions of the insurance

19  code relating to cancellation and notice of cancellation do

20  not apply to actions under this subparagraph.

21         12.  Corporation Association policies and applications

22  must include a notice that the corporation association policy

23  could, under this section or s. 627.3511, be replaced with a

24  policy issued by an authorized admitted insurer that does not

25  provide coverage identical to the coverage provided by the

26  corporation association. The notice shall also specify that

27  acceptance of corporation association coverage creates a

28  conclusive presumption that the applicant or policyholder is

29  aware of this potential.

30         13.  May establish, subject to approval by the

31  department, different eligibility requirements and operational

                                  42
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

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

  3  the eligibility requirements and operational procedures are

  4  justified due to the voluntary market being sufficiently

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

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

  7  to obtain insurance through the voluntary market through

  8  ordinary methods would continue to have access to coverage

  9  from the corporation association. When coverage is sought in

10  connection with a real property transfer, such requirements

11  and procedures shall not provide for an effective date of

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

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

14  applicable, the lender.

15         14.  Must provide that, with respect to the high-risk

16  account, any assessable insurer with a surplus as to

17  policyholders of $25 million or less writing 25 percent or

18  more of its total countrywide property insurance premiums in

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

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

21  apportionment company. In no event shall a limited

22  apportionment company be required to participate in the

23  portion of any assessment, within the high-risk account,

24  pursuant to sub-subparagraph (b)3.a. or sub-subparagraph

25  (b)3.b. in the aggregate which exceeds $50 million after

26  payment of available high-risk account funds in any calendar

27  year. However, a limited apportionment company shall collect

28  from its policyholders any emergency assessment imposed under

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

30  department determines that any regular assessment will result

31  in an impairment of the surplus of a limited apportionment

                                  43
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  company, the department may direct that all or part of such

  2  assessment be deferred as provided in subparagraph (g)4.

  3  However, there shall be no limitation or deferment of an

  4  emergency assessment to be collected from policyholders under

  5  sub-subparagraph (b)3.d.

  6         15.  Must provide that the corporation appoint as its

  7  licensed agents only those agents who also hold an appointment

  8  as defined in s. 626.104 with an insurer who at the time of

  9  the agent's initial appointment by the corporation is

10  authorized to write and is actually writing personal lines

11  residential property coverage, commercial residential property

12  coverage, or commercial nonresidential property coverage

13  within the state.

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

15  rates for coverage provided by the corporation association be

16  actuarially sound and not competitive with approved rates

17  charged in the admitted voluntary market, so that the

18  corporation association functions as a residual market

19  mechanism to provide insurance only when the insurance cannot

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

21  appropriate catastrophe loading factor that reflects the

22  actual catastrophic exposure of the corporation association

23  and recognizes that the association has little or no capital

24  or surplus; and the association shall carefully review each

25  rate filing to assure that provider compensation is not

26  excessive.

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

28  corporation association for each line of business for personal

29  lines residential policies excluding rates for wind-only

30  policies shall be no lower than the average rates charged by

31  the insurer that had the highest average rate in that county

                                  44
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  among the 20 insurers with the greatest total direct written

  2  premium in the state for that line of business in the

  3  preceding year, except that with respect to mobile home

  4  coverages, the average rates of the corporation association

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

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

  7  the 5 insurers with the greatest total written premium for

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

  9  year.

10         3.  Rates for personal lines residential wind-only

11  policies must be actuarially sound and not competitive with

12  approved rates charged by authorized insurers. However, for

13  personal lines residential wind-only policies issued or

14  renewed between July 1, 2002, and June 30, 2003, the maximum

15  premium increase must be no greater than 10 percent of the

16  Florida Windstorm Underwriting Association premium for that

17  policy in effect on June 30, 2002, as adjusted for coverage

18  changes and seasonal occupancy surcharges.  The personal lines

19  residential wind-only rates for the corporation effective July

20  1, 2003, must be based on a rate filing by the corporation

21  which establishes rates which are actuarially sound and not

22  competitive with approved rates charged by authorized

23  insurers.  Corporation rate manuals shall include a rate

24  surcharge for seasonal occupancy.  To ensure that personal

25  lines residential wind-only rates effective on or after July

26  1, 2003, are not competitive with approved rates charged by

27  authorized insurers, the department, by March 1 of each year,

28  shall provide the corporation, for each county in which there

29  are geographical areas in which personal lines residential

30  wind-only policies may be issued, the average rates charged by

31  the insurer that had the highest average rate in that county

                                  45
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  for wind coverage in that insurer's rating territories which

  2  most closely approximate the geographical area in that county

  3  in which personal lines residential wind-only policies may be

  4  written by the corporation.  The average rates provided must

  5  be from an insurer among the 20 insurers with the greatest

  6  total direct written premium in the state for personal lines

  7  residential property insurance for the preceding year.  With

  8  respect to mobile homes, the five insurers with the greatest

  9  total written premium for that line of business in the

10  preceding year shall be used.  The corporation shall certify

11  to the department that its average personal lines residential

12  wind-only rates are no lower in each county than the average

13  rates provided by the department.  The department is

14  authorized to adopt rules to establish reporting requirements

15  to obtain the necessary wind-only rate information from

16  insurers to implement this provision.

17         4.3.  Rates for commercial lines residential coverage

18  shall not be subject to the requirements of subparagraph 2.,

19  but shall be subject to all other requirements of this

20  paragraph and s. 627.062.

21         5.4.  Nothing in this paragraph shall require or allow

22  the corporation association to adopt a rate that is inadequate

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

24         6.5.  The association may require arbitration of a

25  filing pursuant to s. 627.062(6). Rate filings of the

26  association under this paragraph shall be made on a use and

27  file basis under s. 627.062(2)(a)2. The corporation

28  association shall make a rate filing at least once a year, but

29  no more often than quarterly.

30         7.  In addition to the rates otherwise determined

31  pursuant to this paragraph, the corporation shall impose and

                                  46
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  collect an amount equal to the premium tax provided for in s.

  2  624.509 to augment the financial resources of the corporation.

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

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

  5  shall remain activated until coverage is deactivated pursuant

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

  7  association shall be reactivated by order of the department

  8  only under one of the following circumstances:

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

10  100 applications for coverage within a 3-month period, or 200

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

12  residential coverage, unless the market assistance plan

13  provides a quotation from admitted carriers at their filed

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

15  assistance plan application that is rejected because an

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

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

18  in the minimum percentage calculation provided herein. In the

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

20  determination by the department that the conditions of this

21  subparagraph have been met for eligibility for coverage in the

22  corporation association, any eligible risk may obtain coverage

23  during the pendency of such challenge.

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

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

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

27  department that the emergency significantly affects the

28  availability of residential property insurance.

29         (f)1.  The corporation shall file with the department

30  quarterly statements of financial condition, an annual

31  statement of financial condition, and audited financial

                                  47
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  statements in the manner prescribed by law. In addition, the

  2  corporation shall report to the department monthly on the

  3  types, premium, exposure, and distribution by county of its

  4  policies in force, and shall submit other reports as the

  5  department requires to carry out its oversight of the

  6  corporation.

  7         2.  The activities of the corporation association shall

  8  be reviewed at least annually by the department to determine

  9  whether board and, upon recommendation by the board or

10  petition of any interested party, coverage shall be

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

12  that the conditions giving rise to its activation no longer

13  exist.

14         (g)1.  The corporation board shall certify to the

15  department its needs for annual assessments as to a particular

16  calendar year, and for any startup or interim assessments that

17  it deems to be necessary to sustain operations as to a

18  particular year pending the receipt of annual assessments.

19  Upon verification, the department shall approve such

20  certification, and the corporation board shall levy such

21  annual, startup, or interim assessments. Such assessments

22  shall be prorated as provided in paragraph (b). The

23  corporation board shall take all reasonable and prudent steps

24  necessary to collect the amount of assessment due from each

25  assessable participating member insurer, including, if

26  prudent, filing suit to collect such assessment. If the

27  corporation board is unable to collect an assessment from any

28  assessable member insurer, the uncollected assessments shall

29  be levied as an additional assessment against the assessable

30  participating member insurers and any assessable participating

31  member insurer required to pay an additional assessment as a

                                  48
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  result of such failure to pay shall have a cause of action

  2  against such nonpaying assessable member insurer. Assessments

  3  shall be included as an appropriate factor in the making of

  4  rates. The failure of a surplus lines agent to collect and

  5  remit any regular or emergency assessment levied by the

  6  corporation is considered to be a violation of s. 626.936 and

  7  subjects the surplus lines agent to the penalties provided in

  8  that section.

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

10  any residents of which are insured by the corporation

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

12  166.101 from time to time to fund an assistance program, in

13  conjunction with the corporation association, for the purpose

14  of defraying deficits of the corporation association. In order

15  to avoid needless and indiscriminate proliferation,

16  duplication, and fragmentation of such assistance programs,

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

18  insured by the corporation association, may provide for the

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

20  occurred within or outside of the territorial jurisdiction of

21  the local government. Revenue bonds under this subparagraph

22  may not be issued until validated pursuant to chapter 75,

23  unless a state of emergency is declared by executive order or

24  proclamation of the Governor pursuant to s. 252.36 making such

25  findings as are necessary to determine that it is in the best

26  interests of, and necessary for, the protection of the public

27  health, safety, and general welfare of residents of this state

28  and the protection and preservation of the economic stability

29  of insurers operating in this state, and declaring it an

30  essential public purpose to permit certain municipalities or

31  counties to issue such bonds as will permit relief to

                                  49
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  claimants and policyholders of the corporation joint

  2  underwriting association and insurers responsible for

  3  apportionment of association losses. Any such unit of local

  4  government may enter into such contracts with the corporation

  5  association and with any other entity created pursuant to this

  6  subsection as are necessary to carry out this paragraph. Any

  7  bonds issued under this subparagraph shall be payable from and

  8  secured by moneys received by the corporation association from

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

10  assigned and pledged to or on behalf of the unit of local

11  government for the benefit of the holders of such bonds.  The

12  funds, credit, property, and taxing power of the state or of

13  the unit of local government shall not be pledged for the

14  payment of such bonds. If any of the bonds remain unsold 60

15  days after issuance, the department shall require all insurers

16  subject to assessment to purchase the bonds, which shall be

17  treated as admitted assets; each insurer shall be required to

18  purchase that percentage of the unsold portion of the bond

19  issue that equals the insurer's relative share of assessment

20  liability under this subsection. An insurer shall not be

21  required to purchase the bonds to the extent that the

22  department determines that the purchase would endanger or

23  impair the solvency of the insurer.

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

25  exemptions provided under s. 627.3511, The corporation board

26  shall adopt one or more programs a program subject to approval

27  by the department for the reduction of both new and renewal

28  writings in the corporation association. The corporation board

29  may consider any prudent and not unfairly discriminatory

30  approach to reducing corporation association writings, and may

31  but must adopt at least a credit against assessment liability

                                  50
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  or other liability that provides an incentive for insurers to

  2  take risks out of the corporation association and to keep

  3  risks out of the corporation association by maintaining or

  4  increasing voluntary writings in counties or areas in which

  5  corporation association risks are highly concentrated and a

  6  program to provide a formula under which an insurer

  7  voluntarily taking risks out of the corporation association by

  8  maintaining or increasing voluntary writings will be relieved

  9  wholly or partially from assessments under sub-subparagraphs

10  (b)3.a. and b. When the corporation enters into a contractual

11  agreement for a take-out plan, the producing agent of record

12  of the corporation policy is entitled to retain any unearned

13  commission on such policy, and the insurer shall either:

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

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

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

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

18  customary commission of the corporation; or

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

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

21  not less than 1 year and offer to pay the agent the insurer's

22  usual and customary commission for the type of policy written.

23  If the producing agent is unwilling or unable to accept

24  appointment by the new insurer, the new insurer shall pay the

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

26         b.  Any credit or exemption from regular assessments

27  adopted under this subparagraph shall last no longer than the

28  3 years following the cancellation or expiration of the policy

29  by the corporation association. With the approval of the

30  department, the board may extend such credits for an

31  additional year if the insurer guarantees an additional year

                                  51
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  of renewability for all policies removed from the corporation

  2  association, or for 2 additional years if the insurer

  3  guarantees 2 additional years of renewability for all policies

  4  so removed.

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

  6  deferment from emergency assessments to be collected from

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

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

  9  or in part, of the assessment of an assessable a member

10  insurer, other than an emergency assessment collected from

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

12  department finds that payment of the assessment would endanger

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

14  assessment against an assessable a member insurer is deferred

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

16  deferred may be assessed against the other assessable member

17  insurers in a manner consistent with the basis for assessments

18  set forth in paragraph (b).

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

20  preclude the issuance of residential property insurance

21  coverage pursuant to part VIII of chapter 626.

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

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

24  assessable member insurer or its agents or employees, the

25  corporation association or its agents or employees, members of

26  the board of governors or their respective designees at a

27  board meeting, corporation association committee members, or

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

29  them in the performance of their duties or responsibilities

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

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

                                  52
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  willful tort;

  2         2.  The corporation association or its servicing or

  3  producing agents for breach of any contract or agreement

  4  pertaining to insurance coverage;

  5         3.  The corporation association with respect to

  6  issuance or payment of debt; or

  7         4.  Any assessable member insurer with respect to any

  8  action to enforce an assessable a member insurer's obligations

  9  to the corporation association under this subsection.

10         (j)  The Residential Property and Casualty Joint

11  Underwriting Association is not a state agency, board, or

12  commission. However, For the purposes of s. 199.183(1), the

13  corporation Residential Property and Casualty Joint

14  Underwriting Association shall be considered a political

15  subdivision of the state and shall be exempt from the

16  corporate income tax. The premiums, assessments, investment

17  income, and other revenue of the corporation are funds

18  received for providing property insurance coverage as required

19  by this subsection, paying claims for Florida citizens insured

20  by the corporation, securing and repaying debt obligations

21  issued by the corporation, and conducting all other activities

22  of the corporation, and shall not be considered taxes, fees,

23  licenses, or charges for services imposed by the Legislature

24  on individuals, businesses, or agencies outside state

25  government. Bonds and other debt obligations issued by or on

26  behalf of the corporation are not to be considered "State

27  bonds" within the meaning of s. 215.58(10). The corporation is

28  not subject to the procurement provisions of chapter 287, and

29  policies and decisions of the corporation relating to

30  incurring debt, levying of assessments and the sale, issuance,

31  continuation, terms and claims under corporation policies, and

                                  53
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  all services relating thereto, are not subject to the

  2  provisions of chapter 120. The corporation is not required to

  3  obtain or to hold a certificate of authority issued by the

  4  department, nor is it required to participate as a member

  5  insurer of the Florida Insurance Guaranty Association.

  6  However, the corporation is required to pay, in the same

  7  manner as an authorized insurer, assessments pledged by the

  8  Florida Insurance Guaranty Association to secure bonds issued

  9  or other indebtedness incurred to pay covered claims arising

10  from insurer insolvencies caused by, or proximately related

11  to, hurricane losses. It is the intent of the Legislature that

12  the tax exemptions provided in this paragraph will augment the

13  financial resources of the corporation to better enable the

14  corporation to fulfill its public purposes. Any bonds issued

15  by the corporation, their transfer, and the income therefrom,

16  including any profit made on the sale thereof, shall at all

17  times be free from taxation of every kind by the state and any

18  political subdivision or local unit or other instrumentality

19  thereof; however, this exemption does not apply to any tax

20  imposed by chapter 200 on interest, income, or profits on debt

21  obligations owned by corporations other than the corporation.

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

23  governors that the conditions giving rise to the establishment

24  and activation of the corporation association no longer exist,

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

26  corporation association is dissolved. Upon dissolution, the

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

28  debts, liabilities, and obligations of the corporation

29  association, including the establishment of reasonable

30  reserves for any contingent liabilities or obligations, and

31  all remaining assets of the corporation association shall

                                  54
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  become property of the state and deposited in the Florida

  2  Hurricane Catastrophe Fund.

  3         (l)1.  Effective July 1, 2002, policies of the

  4  Residential Property and Casualty Joint Underwriting

  5  Association shall become policies of the corporation. All

  6  obligations, rights, assets and liabilities of the Residential

  7  Property and Casualty Joint Underwriting Association,

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

  9  documents pertaining to them become those of the corporation

10  as of July 1, 2002. The corporation is not required to issue

11  endorsements or certificates of assumption to insureds during

12  the remaining term of in-force transferred policies.

13         2.  Effective July 1, 2002, policies of the Florida

14  Windstorm Underwriting Association are transferred to the

15  corporation and shall become policies of the corporation. All

16  obligations, rights, assets, and liabilities of the Florida

17  Windstorm Underwriting Association, including bonds, note, and

18  debt obligations, and the financing documents pertaining to

19  them are transferred to and assumed by the corporation on July

20  1, 2002. The corporation is not required to issue endorsement

21  or certificates of assumption to insureds during the remaining

22  term of in-force transferred policies.

23         3.  The Florida Windstorm Underwriting Association and

24  the Residential Property and Casualty Joint Underwriting

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

26  evidence the transfers and shall provide the documents and

27  instruments of further assurance as may reasonably be

28  requested by the corporation for that purpose. The corporation

29  shall execute assumptions and instruments as the trustees or

30  other parties to the financing documents of the Florida

31  Windstorm Underwriting Association or the Residential Property

                                  55
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  and Casualty Joint Underwriting Association may reasonably

  2  request to further evidence the transfers and assumptions,

  3  which transfers and assumptions, however, are effective on the

  4  date provided under this paragraph whether or not, and

  5  regardless of the date on which, the assumptions or

  6  instruments are executed by the corporation. Subject to the

  7  relevant financing documents pertaining to their outstanding

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

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

10  other intangibles of the Florida Windstorm Underwriting

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

12  corporation, and those of the personal lines residential

13  coverage account and the commercial lines residential coverage

14  account of the Residential Property and Casualty Joint

15  Underwriting Association shall be credited to the personal

16  lines account and the commercial lines account, respectively,

17  of the corporation.

18         4.  Effective July 1, 2002, a new applicant for

19  property insurance coverage who would otherwise have been

20  eligible for coverage in the Florida Windstorm Underwriting

21  Association is eligible for coverage from the corporation as

22  provided in this subsection.

23         5.  The transfer of all policies, obligations, rights,

24  assets, and liabilities from the Florida Windstorm

25  Underwriting Association to the corporation and the renaming

26  of the Residential Property and Casualty Joint Underwriting

27  Association as the corporation shall in no way affect the

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

29  215.555(2)(c) provided to these entities by the Florida

30  Hurricane Catastrophe Fund. The coverage provided by the

31  Florida Hurricane Catastrophe Fund to the Florida Windstorm

                                  56
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





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

  2  2002, and each June 30 thereafter shall be redesignated as

  3  coverage for the high-risk account of the corporation.

  4  Notwithstanding any other provision of law, the coverage

  5  provided by the Florida Hurricane Catastrophe Fund to the

  6  Residential Property and Casualty Joint Underwriting

  7  Association based on its exposures as of June 30, 2002, and

  8  each June 30 thereafter shall be transferred to the personal

  9  lines account and the commercial lines account of the

10  corporation. Notwithstanding any other provision of law, the

11  high-risk account shall be treated, for all Florida Hurricane

12  Catastrophe Fund purposes, as if it were a separate

13  participating insurer with its own exposures, reimbursement

14  premium, and loss reimbursement. Likewise, the personal lines

15  and commercial lines accounts shall be viewed together, for

16  all Florida Hurricane Catastrophe Fund purposes, as if the two

17  accounts were one and represent a single, separate

18  participating insurer with its own exposures, reimbursement

19  premium, and loss reimbursement. The coverage provided by the

20  Florida Hurricane Catastrophe Fund to the corporation shall

21  constitute and operate as a full transfer of coverage from the

22  Florida Windstorm Underwriting Association and Residential

23  Property and Casualty Joint Underwriting to the corporation.

24  All obligations, rights, assets, and liabilities of the

25  Florida Property and Casualty Joint Underwriting Association

26  created by subsection (5), which obligations, rights, assets,

27  or liabilities relate to the provision of commercial lines

28  residential property insurance coverage as described in this

29  section are hereby transferred to the Residential Property and

30  Casualty Joint Underwriting Association. The Residential

31  Property and Casualty Joint Underwriting Association is not

                                  57
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  required to issue endorsements or certificates of assumption

  2  to insureds during the remaining term of in-force transferred

  3  policies.

  4         (m)  Notwithstanding any other provision of law:

  5         1.  The pledge or sale of, the lien upon, and the

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

  7  the corporation association created or purported to be created

  8  pursuant to any financing documents to secure any bonds or

  9  other indebtedness of the corporation association shall be and

10  remain valid and enforceable, notwithstanding the commencement

11  of and during the continuation of, and after, any

12  rehabilitation, insolvency, liquidation, bankruptcy,

13  receivership, conservatorship, reorganization, or similar

14  proceeding against the corporation association under the laws

15  of this state.

16         2.  No such proceeding shall relieve the corporation

17  association of its obligation, or otherwise affect its ability

18  to perform its obligation, to continue to collect, or levy and

19  collect, assessments, market equalization or other surcharges

20  under subparagraph (c)10., or any other rights, revenues, or

21  other assets of the corporation association pledged pursuant

22  to any financing documents.

23         3.  Each such pledge or sale of, lien upon, and

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

25  lien, or security interest, any such assessments, market

26  equalization or other surcharges, or other rights, revenues,

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

28  after the commencement of and during the pendency of, or

29  after, any such proceeding shall continue unaffected by such

30  proceeding.  As used in this subsection, the term "financing

31  documents" means any agreement or agreements, instrument or

                                  58
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  instruments, or other document or documents now existing or

  2  hereafter created evidencing any bonds or other indebtedness

  3  of the corporation association or pursuant to which any such

  4  bonds or other indebtedness has been or may be issued and

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

  6  corporation association are pledged or sold to secure the

  7  repayment of such bonds or indebtedness, together with the

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

  9  payment of any other obligation or financial product, as

10  defined in the plan of operation of the corporation

11  association related to such bonds or indebtedness.

12         4.  Any such pledge or sale of assessments, revenues,

13  contract rights, or other rights or assets of the corporation

14  association shall constitute a lien and security interest, or

15  sale, as the case may be, that is immediately effective and

16  attaches to such assessments, revenues, or contract rights or

17  other rights or assets, whether or not imposed or collected at

18  the time the pledge or sale is made.  Any such pledge or sale

19  is effective, valid, binding, and enforceable against the

20  corporation association or other entity making such pledge or

21  sale, and valid and binding against and superior to any

22  competing claims or obligations owed to any other person or

23  entity, including policyholders in this state, asserting

24  rights in any such assessments, revenues, or contract rights

25  or other rights or assets to the extent set forth in and in

26  accordance with the terms of the pledge or sale contained in

27  the applicable financing documents, whether or not any such

28  person or entity has notice of such pledge or sale and without

29  the need for any physical delivery, recordation, filing, or

30  other action.

31         (n)1.  The following records of the corporation

                                  59
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  Residential Property and Casualty Joint Underwriting

  2  Association are confidential and exempt from the provisions of

  3  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:

  4         a.  Underwriting files, except that a policyholder or

  5  an applicant shall have access to his or her own underwriting

  6  files.

  7         b.  Claims files, until termination of all litigation

  8  and settlement of all claims arising out of the same incident,

  9  although portions of the claims files may remain exempt, as

10  otherwise provided by law. Confidential and exempt claims file

11  records may be released to other governmental agencies upon

12  written request and demonstration of need; such records held

13  by the receiving agency remain confidential and exempt as

14  provided for herein.

15         c.  Records obtained or generated by an internal

16  auditor pursuant to a routine audit, until the audit is

17  completed, or if the audit is conducted as part of an

18  investigation, until the investigation is closed or ceases to

19  be active.  An investigation is considered "active" while the

20  investigation is being conducted with a reasonable, good faith

21  belief that it could lead to the filing of administrative,

22  civil, or criminal proceedings.

23         d.  Matters reasonably encompassed in privileged

24  attorney-client communications.

25         e.  Proprietary information licensed to the corporation

26  association under contract and the contract provides for the

27  confidentiality of such proprietary information.

28         f.  All information relating to the medical condition

29  or medical status of a corporation an association employee

30  which is not relevant to the employee's capacity to perform

31  his or her duties, except as otherwise provided in this

                                  60
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  paragraph. Information which is exempt shall include, but is

  2  not limited to, information relating to workers' compensation,

  3  insurance benefits, and retirement or disability benefits.

  4         g.  Upon an employee's entrance into the employee

  5  assistance program, a program to assist any employee who has a

  6  behavioral or medical disorder, substance abuse problem, or

  7  emotional difficulty which affects the employee's job

  8  performance, all records relative to that participation shall

  9  be confidential and exempt from the provisions of s. 119.07(1)

10  and s. 24(a), Art. I of the State Constitution, except as

11  otherwise provided in s. 112.0455(11).

12         h.  Information relating to negotiations for financing,

13  reinsurance, depopulation, or contractual services, until the

14  conclusion of the negotiations.

15         i.  Minutes of closed meetings regarding underwriting

16  files, and minutes of closed meetings regarding an open claims

17  file until termination of all litigation and settlement of all

18  claims with regard to that claim, except that information

19  otherwise confidential or exempt by law will be redacted.

20

21  When an authorized insurer is considering underwriting a risk

22  insured by the corporation association, relevant underwriting

23  files and confidential claims files may be released to the

24  insurer provided the insurer agrees in writing, notarized and

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

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

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

28  subject to the provisions of the public records law.

29  Underwriting files and confidential claims files may also be

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

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

                                  61
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  retain the confidentiality of such files, except such files

  2  may be released to authorized insurers that are considering

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

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

  5  maintain the confidentiality of such files.  Finally, the

  6  corporation association or the board or staff of the market

  7  assistance plan may make the following information obtained

  8  from underwriting files and confidential claims files

  9  available to licensed general lines insurance agents: name,

10  address, and telephone number of the residential property

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

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

13  lines insurance agent must retain the confidentiality of the

14  information received.

15         2.  Portions of meetings of the corporation Residential

16  Property and Casualty Joint Underwriting Association are

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

18  of the State Constitution wherein confidential underwriting

19  files or confidential open claims files are discussed.  All

20  portions of corporation association meetings which are closed

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

22  court reporter shall record the times of commencement and

23  termination of the meeting, all discussion and proceedings,

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

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

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

27  119.07(2)(a), the court reporter's notes of any closed meeting

28  shall be retained by the corporation association for a minimum

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

30  of any closed meeting wherein claims are discussed shall

31  become public as to individual claims after settlement of the

                                  62
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  claim.

  2         (o)  It is the intent of the Legislature that the

  3  amendments to this subsection enacted in 2002 should, over

  4  time, reduce the probable maximum windstorm losses in the

  5  residual markets and should reduce the potential assessments

  6  to be levied on property insurers and policyholders statewide.

  7  In furtherance of this intent:

  8         1.  The board shall, on or before February 1 of each

  9  year, provide a report to the President of the Senate and the

10  Speaker of the House of Representatives showing the reduction

11  or increase in the 100-year probable maximum loss attributable

12  to wind-only coverages and the quota share program under this

13  subsection combined, as compared to the benchmark 100-year

14  probable maximum loss of the Florida Windstorm Underwriting

15  Association.  For purposes of this paragraph, the benchmark

16  100-year probable maximum loss of the Florida Windstorm

17  Underwriting Association shall be the calculation dated

18  February 2001 and based on November 30, 2000, exposures.  In

19  order to ensure comparability of data, the board shall use the

20  same methods for calculating its probable maximum loss as were

21  used to calculate the benchmark probable maximum loss.

22         2.  Beginning February 1, 2007, if the report under

23  subparagraph 1. for any year indicates that the 100-year

24  probable maximum loss attributable to wind-only coverages and

25  the quota share program combined does not reflect a reduction

26  of at least 25 percent from the benchmark, the board shall

27  reduce the boundaries of the high-risk area eligible for

28  wind-only coverages under this subsection in a manner

29  calculated to reduce such probable maximum loss to an amount

30  at least 25 percent below the benchmark.

31         3.  Beginning February 1, 2012, if the report under

                                  63
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  subparagraph 1. for any year indicates that the 100-year

  2  probable maximum loss attributable to wind-only coverages and

  3  the quota share program combined does not reflect a reduction

  4  of at least 50 percent from the benchmark, the boundaries of

  5  the high-risk area eligible for wind-only coverages under this

  6  subsection shall be reduced by the elimination of any area

  7  that is not seaward of a line 1,000 feet inland from the

  8  Intracoastal Waterway.

  9         (p)  In enacting the provisions of this section, the

10  Legislature recognizes that both the Florida Windstorm

11  Underwriting Association and the Residential Property and

12  Casualty Joint Underwriting Association have entered into

13  financing arrangements that obligate each entity to service

14  its debts and maintain the capacity to repay funds secured

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

16  Legislature that nothing in this section be construed to

17  compromise, diminish, or interfere with the rights of

18  creditors under such financing arrangements. It is further the

19  intent of the Legislature to preserve the obligations of the

20  Florida Windstorm Underwriting Association and Residential

21  Property and Casualty Joint Underwriting Association with

22  regard to outstanding financing arrangements, with such

23  obligations passing entirely and unchanged to the corporation

24  and, specifically, to the applicable account of the

25  corporation. So long as any bonds, notes, indebtedness, or

26  other financing obligations of the Florida Windstorm

27  Underwriting Association or the Residential Property and

28  Casualty Joint Underwriting Association are outstanding, under

29  the terms of the financing documents pertaining to them, the

30  governing board of the corporation shall have and shall

31  exercise the authority to levy, charge, collect, and receive

                                  64
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  all premiums, assessments, surcharges, charges, revenues and

  2  receipts that the associations had authority to levy, charge,

  3  collect, or receive under the provisions of subsection (2) and

  4  subsection (6), respectively, as they existed on January 1,

  5  2002, to the extent necessary to provide moneys, together with

  6  other available moneys of the corporation in the applicable

  7  account without exercise of the authority provided by this

  8  paragraph, in at least the amounts, and by the times, as would

  9  be provided under those former provisions of subsection (2) or

10  subsection (6), respectively, so that the value, amount, and

11  collectability of any assets, revenues, or revenue source

12  pledged or committed to, or any lien thereon securing such

13  outstanding bonds, notes, indebtedness, or other financing

14  obligations will not be diminished, impaired, or adversely

15  affected by the amendments made by this act and to permit

16  compliance with all provisions of financing documents

17  pertaining to such bonds, notes, indebtedness, or other

18  financing obligations, or the security or credit enhancement

19  for them, and any reference in this subsection to bonds,

20  notes, indebtedness, financing obligations, or similar

21  obligations, of the corporation shall include like instruments

22  or contracts of the Florida Windstorm Underwriting Association

23  and the Residential Property and Casualty Joint Underwriting

24  Association to the extent not inconsistent with the provisions

25  of the financing documents pertaining to them.

26         (q)  Effective January 7, 2003, any reference in this

27  subsection to the Treasurer shall be deemed to be a reference

28  to the Chief Financial Officer and any reference to the

29  Department of Insurance shall be deemed to be a reference to

30  the Department of Insurance and Financial Services or other

31  successor to the Department of Insurance specified by law.

                                  65
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         (r)  The corporation shall not require the securing of

  2  flood insurance as a condition of coverage if the insured or

  3  applicant executes a form approved by the department affirming

  4  that flood insurance is not provided by the corporation and

  5  that if flood insurance is not secured by the applicant or

  6  insured in addition to coverage by the corporation, the risk

  7  will not be covered for flood damage. A corporation

  8  policyholder electing not to secure flood insurance and

  9  executing a form as provided herein making a clam for water

10  damage against the corporation shall have the burden of

11  proving the damage was not caused by flooding. Notwithstanding

12  other provisions of this subsection, the corporation may deny

13  coverage to an applicant or insured who refuses to execute the

14  form described herein.

15         Section 3.  Subsection (4) of section 627.3511, Florida

16  Statutes, is amended to read:

17         627.3511  Depopulation of Residential Property and

18  Casualty Joint Underwriting Association.--

19         (4)  AGENT BONUS.--When the Residential Property and

20  Casualty Joint Underwriting Association enters into a

21  contractual agreement for a take-out plan that provides a

22  bonus to the insurer, the producing agent of record of the

23  association policy is entitled to retain any unearned

24  commission on such policy, and the insurer shall either:

25         (a)  Pay to the producing agent of record of the

26  association policy, for the first year, an amount that is the

27  greater of equal to the insurer's usual and customary

28  commission for the type of policy written of a fee equal to

29  the if the term of the association policy was in excess of 6

30  months, or one-half of such usual and customary commission if

31  the term of the association policy was 6 months or less; or

                                  66
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         (b)  Offer to allow the producing agent of record of

  2  the association policy to continue servicing the policy for a

  3  period of not less than 1 year and offer to pay the agent the

  4  greater of the insurer's or the association's usual and

  5  customary commission for the type of policy written.

  6

  7  If the producing agent is unwilling or unable to accept

  8  appointment, the new insurer shall pay the agent in accordance

  9  with paragraph (a). The insurer need not take any further

10  action if the offer is rejected. This subsection does not

11  apply to any reciprocal interinsurance exchange, nonprofit

12  federation, or any subsidiary or affiliate of such

13  organization. This subsection does not apply if the agent is

14  also the agent of record on the new coverage. The requirement

15  of this subsection that the producing agent of record is

16  entitled to retain the unearned commission on an association

17  policy does not apply to a policy for which coverage has been

18  provided in the association for 30 days or less or for which a

19  cancellation notice has been issued pursuant to s.

20  627.351(6)(c)11. during the first 30 days of coverage.

21         Section 4.  Section 627.3517, Florida Statutes, is

22  created to read:

23         627.3517  Consumer choice.--No provision of s. 627.351,

24  s. 627.3511, or s. 627.3515 shall be construed to impair the

25  right of any insurance risk apportionment plan policyholder,

26  upon receipt of any keepout or takeout offer, to retain his or

27  her current agent so long as that agent is duly licensed and

28  appointed by the insurance risk apportionment plan or

29  otherwise authorized to place business with the insurance risk

30  apportionment plan. This right shall not be cancelled,

31  suspended, impeded, abridged, or otherwise compromised by any

                                  67
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  rule, plan of operation, or depopulation plan, whether through

  2  keepout, takeout, midterm assumption, or any other means, or

  3  any insurance risk apportionment plan or depopulation plan,

  4  including, but not limited to, those described in s. 627.351,

  5  s. 627.3511, or s. 627.3515. The department shall adopt any

  6  rules necessary to cause any insurance risk apportionment plan

  7  or market assistance plan under such sections to demonstrate

  8  that the operations of the plan do not interfere with,

  9  promote, or allow interference with the rights created under

10  this section. If the policyholder's current agent is unable or

11  unwilling to be appointed with the insurer making the takeout

12  or keepout offer, the policyholder shall not be disqualified

13  from participation in the appropriate insurance risk

14  apportionment plan because of an offer of coverage in the

15  voluntary market. An offer of full property insurance coverage

16  by the insurer writing either the ex-wind or wind-only

17  coverage on the policy to which the offer applies shall not be

18  considered a takeout or keepout offer. Any rule, plan of

19  operation, or plan of depopulation, through keepout, takeout,

20  midterm assumption, or any other means, of any property

21  insurance risk apportionment plan under s. 627.351(2) or s.

22  627.351(6) is subject to ss. 627.351(2)(b) and (6)(c) and

23  627.3511(4).

24         Section 5.  This act shall take effect upon becoming a

25  law.

26

27

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

29  And the title is amended as follows:

30         Delete everything before the enacting clause

31

                                  68
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1  and insert:

  2                      A bill to be entitled

  3         An act relating to insurance; amending s.

  4         215.555, F.S.; revising a definition; providing

  5         for certain additional coverages under the

  6         Florida Hurricane Catastrophe Fund; increasing

  7         the cap on fund liability; imposing an

  8         additional liquidity enhancement factor to

  9         reimbursement premiums; amending s. 627.351,

10         F.S.; providing for waiver of required flood

11         insurance under certain circumstances;

12         specifying policyholder burden of proof under

13         certain circumstances; authorizing an

14         association to deny certain coverage under

15         certain circumstances; renaming the Residential

16         Property and Casualty Joint Underwriting

17         Association as the Citizens Property Insurance

18         Corporation to provide residential and

19         commercial property insurance; requiring

20         insurers writing property insurance to

21         participate in the corporation; providing for

22         dividing the revenues, assets, liabilities,

23         losses, and expenses of the corporation into

24         three accounts; authorizing the Department of

25         Insurance to remove certain territories from

26         certain eligible areas under certain

27         circumstances; providing for emergency

28         assessments for policyholders of participating

29         insurers; providing a plan of operation;

30         defining the terms "quota share primary

31         insurance" and "eligible risks"; authorizing

                                  69
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         the corporation to enter into quota share

  2         primary insurance agreements; providing for a

  3         board of governors appointed by the Treasurer,

  4         subject to confirmation by the Cabinet;

  5         providing rate limitations and requirements;

  6         requiring the Department of Insurance to

  7         provide the corporation with certain rate

  8         information for certain purposes; requiring the

  9         corporation to certify certain rates to the

10         department; authorizing the department to adopt

11         rules; requiring the corporation to impose and

12         collect an additional amount to augment the

13         corporation's financial resources; requiring

14         the corporation to file quarterly statements of

15         financial condition and submit other reports to

16         the Department of Insurance; 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 the

31         transfers; providing for the redesignation of

                                  70
    3:55 PM   03/14/02                              s1418c1c-39c2t




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1418

    Amendment No. ___   Barcode 053672





  1         certain coverage as the high-risk account of

  2         the corporation; providing that such account be

  3         treated as if it were a separate participating

  4         insurer for certain purposes; providing that

  5         the personal lines and commercial lines

  6         accounts be treated as a single participating

  7         insurer for certain purposes; providing that

  8         the department may postpone the July 1, 2002,

  9         effective date of transfer under the act;

10         providing legislative intent; requiring the

11         board to report to the Legislature on certain

12         loss activities; requiring the board to reduce

13         certain eligibility boundaries under certain

14         circumstances; providing legislative intent not

15         to interfere with the rights of creditors, to

16         preserve the obligation of the association, and

17         to assure that outstanding financing agreements

18         pass unchanged to the corporation; amending s.

19         627.3511, F.S.; revising certain agent

20         commission payment policy servicing procedures

21         and requirements; creating s. 627.3517, F.S.;

22         preserving the right of a residual-market

23         policyholder to select and maintain an agent of

24         his or her own choice; providing an effective

25         date.

26

27

28

29

30

31

                                  71
    3:55 PM   03/14/02                              s1418c1c-39c2t