Amendment
Bill No. 2488
Amendment No. 577877
CHAMBER ACTION
Senate House
.
.
.






1Representative Berfield offered the following:
2
3     Amendment (with title amendment)
4     On page 31, line(s) 19 and 20,
5remove:  all of said lines,
6
7and insert:
8     Section 4.  Transitional provisions.--
9     (1)  This section applies only to the Florida Hurricane
10Catastrophe Fund's 2004-2005 contract year, and the option
11provided in this section is available only if the selection is
12made no later than June 1, 2004. The definitions in s. 215.555,
13Florida Statutes, apply to the terms used in this section.
14     (2)  Subject to the provisions of subsection (1), a
15participating insurer writing covered policies shall have the
16option, as specified in rules adopted by the board, of selecting
17an alternative contract provision that will operate in lieu of
18the provision in s. 215.555(4)(c), Florida Statutes, as amended
19by this act. Under the alternative contract provision, the
20obligation of the board to such insurer shall not exceed the
21insurer's share of actual claims-paying capacity of the fund,
22subject to the limitation that for purposes of this section the
23"claims-paying capacity of the fund" as to insurers selecting
24the alternative contract provision is limited to an aggregate
25limit of $11 billion. This option is not available to any entity
26created under s. 627.351, Florida Statutes.
27     (3)  Nothing in this section shall be construed to provide
28for additional claims paying capacity beyond the claims paying
29capacity specified in s. 215.555(4)(c), Florida Statutes, as
30amended by this act. The capacity of the fund is limited up to
31the actual claims paying capacity provided in s. 215.555(4)(c),
32Florida Statutes, and is not additive as a result of
33participating insurers ability to select this option.
34     (4)  Each insurer's projected payout shall be equal to the
35insurer's share of the estimated premium which would have been
36paid assuming all insurers selected this option, multiplied by
37the claims-paying capacity limit as set forth in this section
38subject to true-up provisions as set forth in the reimbursement
39contract.
40     (5)  As to each insurer choosing the alternative contract
41provision option, the board shall calculate the retention
42multiple for such insurer in an amount equal to $4.866 billion
43divided by the total estimated reimbursement premium for the
44contract year, in lieu of the calculation provided for in s.
45215.555(2)(e)1., Florida Statutes. Total reimbursement premium
46for the purposes of this calculation shall be estimated using
47the assumption that all insurers have selected the option
48provided herein and have selected the 90-percent coverage level.
49The existence of this option shall not affect the estimation of
50total reimbursement premiums as provided for in s.
51215.555(2)(e)1., Florida Statutes.
52     (6)  For those insurers that do not select this alternative
53contract provision, each insurer's projected payout shall be
54equal to the insurer's share of the estimated premium which
55would have been paid assuming no insurers selected this option,
56multiplied by the claims-paying capacity limit as set forth in
57s. 215.555(4)(c)1., Florida Statutes, as amended by this act,
58subject to true-up provisions as set forth in the reimbursement
59contract.
60     (7) As to each insurer not choosing the alternative
61contract provision option, the board shall calculate the
62retention multiple for such insurer in accordance with s.
63215.555(2)(e)1., Florida Statutes, as amended by this act,
64divided by the total estimated reimbursement premium for the
65contract year. Total reimbursement premium for the purposes of
66this calculation shall be estimated using the assumption that no
67insurers have selected the option provided herein and have
68selected the 90-percent coverage level. This calculation shall
69not affect the estimation of total reimbursement premiums as
70provided for in s. 215.555(2)(e)1., Florida Statutes, as amended
71under this act.
72     Section 5.  Except as otherwise provided herein, this act
73shall take effect upon becoming a law.
74
75================= T I T L E  A M E N D M E N T =================
76     On page 1, line(s) 15, insert after the semicolon:
77providing transitional provisions; providing application;
78providing criteria, requirements, and limitations;


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