1 | Representative Berfield offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | On page 31, line(s) 19 and 20, |
5 | remove: all of said lines, |
6 |
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7 | and insert: |
8 | Section 4. Transitional provisions.-- |
9 | (1) This section applies only to the Florida Hurricane |
10 | Catastrophe Fund's 2004-2005 contract year, and the option |
11 | provided in this section is available only if the selection is |
12 | made no later than June 1, 2004. The definitions in s. 215.555, |
13 | Florida Statutes, apply to the terms used in this section. |
14 | (2) Subject to the provisions of subsection (1), a |
15 | participating insurer writing covered policies shall have the |
16 | option, as specified in rules adopted by the board, of selecting |
17 | an alternative contract provision that will operate in lieu of |
18 | the provision in s. 215.555(4)(c), Florida Statutes, as amended |
19 | by this act. Under the alternative contract provision, the |
20 | obligation of the board to such insurer shall not exceed the |
21 | insurer's share of actual claims-paying capacity of the fund, |
22 | subject to the limitation that for purposes of this section the |
23 | "claims-paying capacity of the fund" as to insurers selecting |
24 | the alternative contract provision is limited to an aggregate |
25 | limit of $11 billion. This option is not available to any entity |
26 | created under s. 627.351, Florida Statutes. |
27 | (3) Nothing in this section shall be construed to provide |
28 | for additional claims paying capacity beyond the claims paying |
29 | capacity specified in s. 215.555(4)(c), Florida Statutes, as |
30 | amended by this act. The capacity of the fund is limited up to |
31 | the actual claims paying capacity provided in s. 215.555(4)(c), |
32 | Florida Statutes, and is not additive as a result of |
33 | participating insurers ability to select this option. |
34 | (4) Each insurer's projected payout shall be equal to the |
35 | insurer's share of the estimated premium which would have been |
36 | paid assuming all insurers selected this option, multiplied by |
37 | the claims-paying capacity limit as set forth in this section |
38 | subject to true-up provisions as set forth in the reimbursement |
39 | contract. |
40 | (5) As to each insurer choosing the alternative contract |
41 | provision option, the board shall calculate the retention |
42 | multiple for such insurer in an amount equal to $4.866 billion |
43 | divided by the total estimated reimbursement premium for the |
44 | contract year, in lieu of the calculation provided for in s. |
45 | 215.555(2)(e)1., Florida Statutes. Total reimbursement premium |
46 | for the purposes of this calculation shall be estimated using |
47 | the assumption that all insurers have selected the option |
48 | provided herein and have selected the 90-percent coverage level. |
49 | The existence of this option shall not affect the estimation of |
50 | total reimbursement premiums as provided for in s. |
51 | 215.555(2)(e)1., Florida Statutes. |
52 | (6) For those insurers that do not select this alternative |
53 | contract provision, each insurer's projected payout shall be |
54 | equal to the insurer's share of the estimated premium which |
55 | would have been paid assuming no insurers selected this option, |
56 | multiplied by the claims-paying capacity limit as set forth in |
57 | s. 215.555(4)(c)1., Florida Statutes, as amended by this act, |
58 | subject to true-up provisions as set forth in the reimbursement |
59 | contract. |
60 | (7) As to each insurer not choosing the alternative |
61 | contract provision option, the board shall calculate the |
62 | retention multiple for such insurer in accordance with s. |
63 | 215.555(2)(e)1., Florida Statutes, as amended by this act, |
64 | divided by the total estimated reimbursement premium for the |
65 | contract year. Total reimbursement premium for the purposes of |
66 | this calculation shall be estimated using the assumption that no |
67 | insurers have selected the option provided herein and have |
68 | selected the 90-percent coverage level. This calculation shall |
69 | not affect the estimation of total reimbursement premiums as |
70 | provided for in s. 215.555(2)(e)1., Florida Statutes, as amended |
71 | under this act. |
72 | Section 5. Except as otherwise provided herein, this act |
73 | shall take effect upon becoming a law. |
74 |
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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: |
77 | providing transitional provisions; providing application; |
78 | providing criteria, requirements, and limitations; |