SENATE AMENDMENT
    Bill No. CS for SB 2364
    Amendment No. ___   Barcode 300586
                            CHAMBER ACTION
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11  Senator Atwater moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 63, between lines 24 and 25,
15  
16  insert:  
17         Section 70.    Paragraph (d) of subsection (6) of
18  section 627.351, Florida Statutes, is amended to read:
19         627.351  Insurance risk apportionment plans.--
20         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
21         (d)1.  It is the intent of the Legislature that the
22  rates for coverage provided by the corporation be actuarially
23  sound and not competitive with approved rates charged in the
24  admitted voluntary market, so that the corporation functions
25  as a residual market mechanism to provide insurance only when
26  the insurance cannot be procured in the voluntary market.
27  Rates shall include an appropriate catastrophe loading factor
28  that reflects the actual catastrophic exposure of the
29  corporation.
30         2.  For each county, the average rates of the
31  corporation for each line of business for personal lines
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    5:30 PM   04/28/03                              s2364c1c-25e0k

SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 residential policies excluding rates for wind-only policies 2 shall be no lower than the average rates charged by the 3 insurer that had the highest average rate in that county among 4 the 20 insurers with the greatest total direct written premium 5 in the state for that line of business in the preceding year, 6 except that with respect to mobile home coverages, the average 7 rates of the corporation shall be no lower than the average 8 rates charged by the insurer that had the highest average rate 9 in that county among the 5 insurers with the greatest total 10 written premium for mobile home owner's policies in the state 11 in the preceding year. 12 3. Rates for personal lines residential wind-only 13 policies must be actuarially sound and not competitive with 14 approved rates charged by authorized insurers. However, for 15 personal lines residential wind-only policies issued or 16 renewed between July 1, 2002, and June 30, 2003, the maximum 17 premium increase must be no greater than 10 percent of the 18 Florida Windstorm Underwriting Association premium for that 19 policy in effect on June 30, 2002, as adjusted for coverage 20 changes and seasonal occupancy surcharges. For personal lines 21 residential wind-only policies issued or renewed between July 22 1, 2003, and June 30, 2004, the corporation shall use its 23 existing filed and approved wind-only rating and 24 classification plans, provided, however, that the maximum 25 premium increase must be no greater than 20 percent of the 26 premium for that policy in effect on June 30, 2003, as 27 adjusted for coverage changes and seasonal occupancy 28 surcharges. 29 The personal lines residential wind-only rates for the 30 corporation effective July 1, 2003, must be based on a rate 31 filing by the corporation which establishes rates which are 2 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 actuarially sound and not competitive with approved rates 2 charged by authorized insurers. Corporation rate manuals shall 3 include a rate surcharge for seasonal occupancy. To ensure 4 that personal lines residential wind-only rates effective on 5 or after July 1, 2004 2003, are not competitive with approved 6 rates charged by authorized insurers, the corporation, in 7 conjunction with the office, shall develop a wind-only rate 8 making methodology, which methodology shall be contained in a 9 rate filing made by the corporation with the office by January 10 1, 2004. If the office thereafter determines that the 11 wind-only rates or rating factors filed by the corporation 12 fail to comply with the wind-only rate making methodology 13 provided for in this subsection, it shall so notify the 14 corporation and require the corporation to amend its rates or 15 rating factors to come into compliance within 90 days of 16 notice from the office. The office shall report to the Speaker 17 of the House of Representatives and the President of the 18 Senate on the provisions of the wind-only rate making 19 methodology by January 31, 2004 the department, by March 1 of 20 each year, shall provide the corporation, for each county in 21 which there are geographical areas in which personal lines 22 residential wind-only policies may be issued, the average 23 rates charged by the insurer that had the highest average rate 24 in that county for wind coverage in that insurer's rating 25 territories which most closely approximate the geographical 26 area in that county in which personal lines residential 27 wind-only policies may be written by the corporation. The 28 average rates provided must be from an insurer among the 20 29 insurers with the greatest total direct written premium in the 30 state for personal lines residential property insurance for 31 the preceding year. With respect to mobile homes, the five 3 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 insurers with the greatest total written premium for that line 2 of business in the preceding year shall be used. The 3 corporation shall certify to the department that its average 4 personal lines residential wind-only rates are no lower in 5 each county than the average rates provided by the department. 6 The department is authorized to adopt rules to establish 7 reporting requirements to obtain the necessary wind-only rate 8 information from insurers to implement this provision. 9 4. Rates for commercial lines coverage shall not be 10 subject to the requirements of subparagraph 2., but shall be 11 subject to all other requirements of this paragraph and s. 12 627.062. 13 5. Nothing in this paragraph shall require or allow 14 the corporation to adopt a rate that is inadequate under s. 15 627.062. 16 6. The corporation shall certify to the office at 17 least twice annually that its personal lines rates comply with 18 the requirements of subparagraphs 1. and 2. If any adjustment 19 in the rates or rating factors of the corporation is necessary 20 to ensure such compliance, the corporation shall make and 21 implement such adjustments and file its revised rates and 22 rating factors with the office. If the office thereafter 23 determines that the revised rates and rating factors fail to 24 comply with the provisions of subparagraphs 1. and 2, it shall 25 notify the corporation and require the corporation to amend 26 its rates or rating factors in conjunction with its next rate 27 filing. The office must notify the corporation by electronic 28 means of any rate filing it approves for any insurer among the 29 insurers referred to in subparagraph 2 make a rate filing at 30 least once a year, but no more often than quarterly. 31 7. In addition to the rates otherwise determined 4 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 pursuant to this paragraph, the corporation shall impose and 2 collect an amount equal to the premium tax provided for in s. 3 624.509 to augment the financial resources of the corporation. 4 8.a To assist the corporation in developing additional 5 ratemaking methods to assure compliance with subparagraphs 1. 6 and 4., the corporation shall appoint a rate methodology panel 7 consisting of one person recommended by the Florida 8 Association of Insurance Agents, one person recommended by the 9 Professional Insurance Agents of Florida, one person 10 recommended by the Florida Association of Insurance and 11 Financial Advisors, one person recommended by the insurer with 12 the highest voluntary market share of residential property 13 insurance business in the state, one person recommended by the 14 insurer with the second-highest voluntary market share of 15 residential property insurance business in the state, one 16 person recommended by an insurer writing commercial 17 residential property insurance in this state, one person 18 recommended by the Office of Insurance Regulation, and one 19 board member designated by the board chairman, who shall serve 20 as chairman of the panel. 21 b. By January 1, 2004, the rate methodology panel 22 shall provide a report to the corporation of its findings and 23 recommendations for the use of additional ratemaking methods 24 and procedures, including the use of a rate-equalization 25 surcharge in an amount sufficient to assure that the total 26 cost of coverage for policyholders or applicants to the 27 corporation is sufficient to comply with subparagraph 1. 28 c. Within 30 days after such report, the corporation 29 shall present to the President of the Senate, the Speaker of 30 the House of Representatives, the minority party leaders of 31 each house of the Legislature, and the chairs of the standing 5 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 committees of each house of the Legislature having 2 jurisdiction of insurance issues, a plan for implementing the 3 additional ratemaking methods and an outline of any 4 legislation needed to facilitate use of the new methods. 5 d. The plan must include a provision that producer 6 commissions paid by the corporation shall not be calculated in 7 such a manner as to include any rate-equalization surcharge. 8 However, without regard to the plan to be developed or its 9 implementation, producer commissions paid by the corporation 10 for each account, other than the quota share primary program, 11 shall remain fixed as to percentage, effective rate, 12 calculation, and payment method, as these were in effect on 13 January 1, 2003. 14 9. By January 1, 2004, the corporation shall develop a 15 notice to policyholders or applicants that the rates of 16 Citizens Property Insurance Corporation are intended to be 17 higher than the rates of any admitted carrier and providing 18 other information the corporation deems necessary to assist 19 consumers in finding other voluntary admitted insurers willing 20 to insure their property. 21 Section 71. Section 624.105, Florida Statutes, is 22 created to read: 23 624.105 Waiver of customer liability.--Any regulated 24 company as defined in s. 350.111, any electric utility as 25 defined in s. 366.02(2), any utility as defined in s. 26 367.021(12) or s.367.022(2) and (7), and any provider of 27 communications services as defined in s. 202.11(3) may charge 28 for and include an optional waiver of liability provision in 29 their customer contracts under which the entity agrees to 30 waive all or a portion of the customer s liability for 31 service from the entity for a defined period in the event of 6 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 the customer s call to active military service, death, 2 disability, involuntary unemployment, qualification for family 3 leave, or similar qualifying event or condition. Such 4 provisions may not be effective in the customer s contract 5 with the entity unless affirmatively elected by the customer. 6 No such provision shall constitute insurance so long as the 7 provision is a contract between the entity and its customer. 8 Section 72. Section 717.1071, Florida Statutes, is 9 created to read: 10 717.1071 Lost owners of unclaimed demutualization, 11 rehabilitation, or related reorganization proceeds.-- 12 (1) Property distributable in the course of a 13 demutualization, rehabilitation, or related reorganization of 14 an insurance company is deemed abandoned 2 years after the 15 date the property is first distributable if, at the time of 16 the first distribution, the last known address of the owner on 17 the books and records of the holder is known to be incorrect 18 or the distribution or statements are returned by the post 19 office as undeliverable; and the owner has not communicated in 20 writing with the holder or its agent regarding the interest or 21 otherwise communicated with the holder regarding the interest 22 as evidenced by a memorandum or other record on file with the 23 holder or its agent. 24 (2) Property distributable in the course of 25 demutualization, rehabilitation, or related reorganization of 26 a mutual insurance company that is not subject to subsection 27 (1) shall be reportable as otherwise provided by this chapter. 28 (3) Property subject to this section shall be reported 29 and delivered no later than May 1 as of the preceding December 30 31, however the initial report under this section shall be 31 filed no later than November 1, 2003, as of December 31, 2002. 7 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 Section 73. Subsection (8) of section 624.430, Florida 2 Statutes, is redesignated as subsection (9), and a new 3 subsection (8) is added to that section, to read: 4 624.430 Withdrawal of insurer or discontinuance of 5 writing certain kinds or lines of insurance.-- 6 (8) Notwithstanding subsection (7), any insurer 7 desiring to surrender its certificate of authority, withdraw 8 from this state, or discontinue the writing of any one or 9 multiple kinds or lines of insurance in this state is expected 10 to have availed itself of all reasonably available 11 reinsurance. Reasonably available reinsurance shall include 12 unrealized reinsurance, which is defined as reinsurance 13 recoverable on known losses incurred and due under valid 14 reinsurance contracts that have not been identified in the 15 normal course of business and have not been reported in 16 financial statements filed with the Office of Insurer 17 Regulation. Within 90 days after surrendering its certificate 18 of authority, withdrawing from this state, or discontinuing 19 the writing of any one or multiple kinds or lines of insurance 20 in this state, the insurer shall certify to the Director of 21 the Office of Insurer Regulation that the insurer has engaged 22 an independent third party to search for unrealized 23 reinsurance, and that the insurer has made all relevant books 24 and records available to such third party. The compensation to 25 such third party may be a percentage of unrealized reinsurance 26 identified and collected. 27 Section 74. Subsection (11) of section 626.7451, 28 Florida Statutes, is amended to read: 29 626.7451 Managing general agents; required contract 30 provisions.--No person acting in the capacity of a managing 31 general agent shall place business with an insurer unless 8 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 there is in force a written contract between the parties which 2 sets forth the responsibility for a particular function, 3 specifies the division of responsibilities, and contains the 4 following minimum provisions: 5 (11) A licensed managing general agent, when placing 6 business with an insurer under this code, may charge a 7 per-policy fee not to exceed $40 $25. In no instance shall the 8 aggregate of per-policy fees for a placement of business 9 authorized under this section, when combined with any other 10 per-policy fee charged by the insurer, result in per-policy 11 fees which exceed the aggregate amount of $40 $25. The 12 per-policy fee shall be a component of the insurer's rate 13 filing and shall be fully earned. A managing general agent 14 that collects a per-policy fee shall remit a minimum of $5 per 15 policy to the insurer for the funding of a Special 16 Investigations Unit dedicated to the prevention of insurance 17 fraud; $2 per policy to the Division of Insurance Fraud of the 18 Department of Financial Services, which shall be dedicated to 19 the prevention and detection of motor vehicle insurance fraud; 20 $2 per policy to be remitted to the Department of Legal 21 Affairs which shall remit such funds to the state attorneys in 22 each judicial circuit, in proportion to the population of each 23 judicial circuit, which shall be dedicated to the prosecution 24 of motor vehicle insurance fraud; and $1 per policy to the 25 Office of Statewide Prosecution, which shall be dedicated to 26 the prosecution of motor vehicle insurance fraud. Any insurer 27 that writes directly without a managing general agent and that 28 charges a per-policy fee shall charge an additional policy fee 29 at a minimum of $5 per policy to fund its Special 30 Investigations Unit dedicated to the prevention of insurance 31 fraud; $2 per policy to the Division of Insurance Fraud of the 9 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 Department of Financial Services, which shall be dedicated to 2 the prevention and detection of motor vehicle insurance fraud; 3 $2 per policy to be remitted to the Department of Legal 4 Affairs which shall remit such funds to the state attorneys in 5 each judicial circuit, in proportion to the population of each 6 judicial circuit, which shall be dedicated to the prosecution 7 of motor vehicle insurance fraud; and $1 per policy to the 8 Office of Statewide Prosecution, which shall be dedicated to 9 the prosecution of motor vehicle insurance fraud. 10 For the purposes of this section and ss. 626.7453 and 11 626.7454, the term "controlling person" or "controlling" has 12 the meaning set forth in s. 625.012(5)(b)1., and the term 13 "controlled person" or "controlled" has the meaning set forth 14 in s. 625.012(5)(b)2. 15 Section 75. Section 624.4623, Florida Statutes, is 16 created to read: 17 624.4623 Independent Educational Institution 18 Self-Insurance Funds-- 19 (1) Notwithstanding any other provision of law, any 20 two or more independent nonprofit colleges or universities 21 accredited by the Commission on Colleges of the Southern 22 Association of Colleges and Schools or independent, nonprofit, 23 accredited secondary educational institutions, located in and 24 chartered by the state of Florida, may form a self-insurance 25 fund for the purpose of pooling and spreading liabilities of 26 its group members in any property or casualty risk or surety 27 insurance or securing the payment of benefits under chapter 28 440, provided the independent educational institution 29 self-insurance fund that is created must: 30 (a) Have annual normal premiums in excess of $5 31 million; 10 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 (b) Maintain a continuing program of excess insurance 2 coverage and reserve evaluation to protect the financial 3 stability of the fund in an amount and manner determined by a 4 qualified and independent actuary; 5 (c) Submit annually an audited fiscal year-end 6 financial statement by an independent certified public 7 accountant within 6 months after the end of the fiscal year to 8 the office; and 9 (d) Have a governing body which is comprised entirely 10 of independent educational institution officials. 11 (2) An independent educational institution 12 self-insurance fund that meets the requirements of this 13 section is not subject to s. 624.4621 and is not required to 14 file any report with the department under s. 440.38(2)(b) 15 which is uniquely required of group self-insurer funds 16 qualified under s. 624.4621. If any of the requirements of 17 this section are not met, the independent educational 18 self-insurance fund is subject to the requirements of s. 19 624.4621. 20 Section 76. Present subsections (6), (7), (8), (9), 21 and (10) of section 624.81, Florida Statutes, are redesignated 22 as subsections (7), (8), (9), (10), and (11), respectively, 23 and a new subsection (6) is added to that section, to read: 24 624.81 Notice to comply with written requirements of 25 department; noncompliance.-- 26 (6) Any insurer subject to administrative supervision 27 is expected to avail itself of all reasonably available 28 reinsurance. Reasonably available reinsurance shall include 29 unrealized reinsurance, which is defined as reinsurance 30 recoverable on known losses incurred and due under valid 31 reinsurance contracts that have not been identified in the 11 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 normal course of business and have not been reported in 2 financial statements filed with the Office of Insurance 3 Regulation. Within 90 days of being placed under 4 administrative supervision, the insurer shall certify to the 5 Director of the Office of Insurance Regulation that the 6 insurer has engaged an independent third party to search for 7 unrealized reinsurance, and that the insurer has made all 8 relevant books and records available to the third party. The 9 compensation to the third party may be a percentage of 10 unrealized reinsurance identified and collected. 11 (7)(6) If the department and the insurer are unable to 12 agree on the provisions of the plan, the department may 13 require the insurer to take such corrective action as may be 14 reasonably necessary to remove the causes and conditions 15 giving rise to the need for administrative supervision. 16 (8)(7) The insurer shall have 60 days, or a longer 17 period of time as designated by the department but not to 18 exceed 120 days, after the date of the written agreement or 19 the receipt of the department's plan within which to comply 20 with the requirements of the department. At the conclusion of 21 the initial period of supervision, the department may extend 22 the supervision in increments of 60 days or longer, not to 23 exceed 120 days, if conditions justifying supervision exist. 24 Each extension of supervision shall provide the insurer with a 25 point of entry pursuant to chapter 120. 26 (9)(8) The initiation or pendency of administrative 27 proceedings arising from actions taken under this section 28 shall not preclude the department from initiating judicial 29 proceedings to place an insurer in conservation, 30 rehabilitation, or liquidation or initiating other delinquency 31 proceedings however designated under the laws of this state. 12 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 (10)(9) If it is determined that the conditions giving 2 rise to administrative supervision have been remedied so that 3 the continuance of its business is no longer hazardous to the 4 public or to its insureds, the department shall release the 5 insurer from supervision. 6 (11)(10) The department may adopt rules to define 7 standards of hazardous financial condition and corrective 8 action substantially similar to that indicated in the National 9 Association of Insurance Commissioners' 1997 "Model Regulation 10 to Define Standards and Commissioner's Authority for Companies 11 Deemed to be in Hazardous Financial Condition," which are 12 necessary to implement the provisions of this part. 13 14 (Redesignate subsequent sections.) 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 4, line 29, after the semicolon, 20 21 insert: 22 amending s. 627.351, F.S.; providing 23 requirements for the corporation relating to 24 personal lines residential wind-only policies; 25 requiring the corporation to develop a 26 wind-only rate making methodology; requiring a 27 report; requiring the Citizens Property 28 Insurance Corporation to certify at certain 29 intervals that its rates comply with 30 requirements to be set a certain levels 31 relative to other insurers; authorizing the 13 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 Office of Insurance Regulation to review and 2 act upon such certification; requiring the 3 corporation to appoint a rate methodology panel 4 to make recommendations for the use of 5 additional ratemaking methods, including the 6 use of a rate equalization surcharge to assure 7 that the cost of coverage is sufficient to 8 comply with state law; requiring the 9 corporation to provide a related report to the 10 Legislature and a plan for implementing the 11 additional ratemaking methods; specifying how 12 the plan shall apply to agent commissions; 13 requiring the corporation to develop a notice 14 to policyholders; creating s. 624.105, F.S.; 15 providing for waiver of customer liability for 16 certain fess by providers of utility and 17 telecommunications services under certain 18 circumstances; creating s. 717.1071, F.S.; 19 providing procedures, requirements, and 20 limitations on lost owners of certain unclaimed 21 insurance entity activity proceeds; amending s. 22 624.430, F.S.; requiring certain insurers to 23 obtain reasonably available reinsurance under 24 certain circumstances; providing procedures and 25 criteria; amending s. 626.7451, F.S.; providing 26 a per-policy fee to be remitted to the 27 insurer's Special Investigations Unit, the 28 Division of Insurance Fraud of the Department 29 of Financial Services, the state attorneys 30 under the Department of Legal Affairs; and the 31 Office of Statewide Prosecution for purposes of 14 5:30 PM 04/28/03 s2364c1c-25e0k
SENATE AMENDMENT Bill No. CS for SB 2364 Amendment No. ___ Barcode 300586 1 preventing, detecting, and prosecuting motor 2 vehicle insurance fraud; creating s. 624.4623, 3 F.S.; authorizing two or more independent 4 colleges or universities to form a 5 self-insurance fund; providing specific 6 requirements; amending s. 624.81, F.S.; 7 requiring insurers that are under 8 administrative supervision to avail themselves 9 of all reasonably available reinsurance; 10 providing for a third party to search for 11 reinsurance; providing for reimbursing the 12 third party; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 5:30 PM 04/28/03 s2364c1c-25e0k