HB 1295

1
A bill to be entitled
2An act relating to the Citizens Property Insurance
3Corporation; amending s. 627.351, F.S.; revising criteria
4for rates for coverage provided by the corporation;
5providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (d) of subsection (6) of section
10627.351, Florida Statutes, is amended to read:
11     627.351  Insurance risk apportionment plans.--
12     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
13     (d)1.  It is the intent of the Legislature that the rates
14for coverage provided by the corporation be actuarially sound,
15as determined by the corporation, but no higher than actuarially
16sound, and not competitive with approved rates charged in the
17admitted voluntary market, so that the corporation functions as
18a residual market mechanism to provide insurance only when the
19insurance cannot be procured in the voluntary market. Rates
20shall include an appropriate catastrophe loading factor that
21reflects the actual catastrophic exposure of the corporation.
22     2.  For each county, the average rates of the corporation
23for each line of business for personal lines residential
24policies excluding rates for wind-only policies shall be no
25lower than the average rates charged by the insurer that had the
26highest average rate in that county among the 20 insurers with
27the greatest total direct written premium in the state for that
28line of business in the preceding year, except that with respect
29to mobile home coverages, the average rates of the corporation
30shall be no lower than the average rates charged by the insurer
31that had the highest average rate in that county among the 5
32insurers with the greatest total written premium for mobile home
33owner's policies in the state in the preceding year.
34     3.  Rates for personal lines residential wind-only policies
35must be actuarially sound and not competitive with approved
36rates charged by authorized insurers. However, for personal
37lines residential wind-only policies issued or renewed between
38July 1, 2002, and June 30, 2003, the maximum premium increase
39must be no greater than 10 percent of the Florida Windstorm
40Underwriting Association premium for that policy in effect on
41June 30, 2002, as adjusted for coverage changes and seasonal
42occupancy surcharges. For personal lines residential wind-only
43policies issued or renewed between July 1, 2003, and June 30,
442004, the corporation shall use its existing filed and approved
45wind-only rating and classification plans, provided, however,
46that the maximum premium increase must be no greater than 20
47percent of the premium for that policy in effect on June 30,
482003, as adjusted for coverage changes and seasonal occupancy
49surcharges. Corporation rate manuals shall include a rate
50surcharge for seasonal occupancy. To ensure that personal lines
51residential wind-only rates effective on or after July 1, 2004,
52are not competitive with approved rates charged by authorized
53insurers, the corporation, in conjunction with the office, shall
54develop a wind-only ratemaking methodology, which methodology
55shall be contained in a rate filing made by the corporation with
56the office by January 1, 2004. If the office thereafter
57determines that the wind-only rates or rating factors filed by
58the corporation fail to comply with the wind-only ratemaking
59methodology provided for in this subsection, it shall so notify
60the corporation and require the corporation to amend its rates
61or rating factors to come into compliance within 90 days of
62notice from the office. The office shall report to the Speaker
63of the House of Representatives and the President of the Senate
64on the provisions of the wind-only ratemaking methodology by
65January 31, 2004.
66     4.  Rates for commercial lines coverage shall not be
67subject to the requirements of subparagraph 2., but shall be
68subject to all other requirements of this paragraph and s.
69627.062.
70     5.  Nothing in this paragraph shall require or allow the
71corporation to adopt a rate that is inadequate under s. 627.062.
72     6.  The corporation shall certify to the office at least
73twice annually that its personal lines rates comply with the
74requirements of subparagraphs 1. and 2. If any adjustment in the
75rates or rating factors of the corporation is necessary to
76ensure such compliance, the corporation shall make and implement
77such adjustments and file its revised rates and rating factors
78with the office. If the office thereafter determines that the
79revised rates and rating factors fail to comply with the
80provisions of subparagraphs 1. and 2., it shall notify the
81corporation and require the corporation to amend its rates or
82rating factors in conjunction with its next rate filing. The
83office must notify the corporation by electronic means of any
84rate filing it approves for any insurer among the insurers
85referred to in subparagraph 2.
86     7.  In addition to the rates otherwise determined pursuant
87to this paragraph, the corporation shall impose and collect an
88amount equal to the premium tax provided for in s. 624.509 to
89augment the financial resources of the corporation.
90     8.a.  To assist the corporation in developing additional
91ratemaking methods to assure compliance with subparagraphs 1.
92and 4., the corporation shall appoint a rate methodology panel
93consisting of one person recommended by the Florida Association
94of Insurance Agents, one person recommended by the Professional
95Insurance Agents of Florida, one person recommended by the
96Florida Association of Insurance and Financial Advisors, one
97person recommended by the insurer with the highest voluntary
98market share of residential property insurance business in the
99state, one person recommended by the insurer with the second-
100highest voluntary market share of residential property insurance
101business in the state, one person recommended by an insurer
102writing commercial residential property insurance in this state,
103one person recommended by the Office of Insurance Regulation,
104and one board member designated by the board chairman, who shall
105serve as chairman of the panel.
106     b.  By January 1, 2004, the rate methodology panel shall
107provide a report to the corporation of its findings and
108recommendations for the use of additional ratemaking methods and
109procedures, including the use of a rate equalization surcharge
110in an amount sufficient to assure that the total cost of
111coverage for policyholders or applicants to the corporation is
112sufficient to comply with subparagraph 1.
113     c.  Within 30 days after such report, the corporation shall
114present to the President of the Senate, the Speaker of the House
115of Representatives, the minority party leaders of each house of
116the Legislature, and the chairs of the standing committees of
117each house of the Legislature having jurisdiction of insurance
118issues, a plan for implementing the additional ratemaking
119methods and an outline of any legislation needed to facilitate
120use of the new methods.
121     d.  The plan must include a provision that producer
122commissions paid by the corporation shall not be calculated in
123such a manner as to include any rate equalization surcharge.
124However, without regard to the plan to be developed or its
125implementation, producer commissions paid by the corporation for
126each account, other than the quota share primary program, shall
127remain fixed as to percentage, effective rate, calculation, and
128payment method until January 1, 2004.
129     9.  By January 1, 2004, the corporation shall develop a
130notice to policyholders or applicants that the rates of Citizens
131Property Insurance Corporation are intended to be higher than
132the rates of any admitted carrier and providing other
133information the corporation deems necessary to assist consumers
134in finding other voluntary admitted insurers willing to insure
135their property.
136     Section 2.  This act shall take effect July 1, 2005.


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