Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1488
                        Barcode 160040
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Garcia) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective June 1, 2005, paragraph (e) of
19  subsection (2) of section 215.555, Florida Statutes, is
20  amended to read:
21         215.555  Florida Hurricane Catastrophe Fund.--
22         (2)  DEFINITIONS.--As used in this section:
23         (e)  "Retention" means the amount of losses below which
24  an insurer is not entitled to reimbursement from the fund. An
25  insurer's retention shall be calculated as follows:
26         1.  The board shall calculate and report to each
27  insurer the retention multiples for that year. For the
28  contract year beginning June 1, 2005 2004, the retention
29  multiple shall be equal to $4.5 billion divided by the total
30  estimated reimbursement premium for the contract year; for
31  subsequent years, the retention multiple shall be equal to
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 $4.5 billion, adjusted based upon the reported exposure from 2 the prior contract year to reflect the percentage growth in 3 exposure to the fund for covered policies since 2004 2003, 4 divided by the total estimated reimbursement premium for the 5 contract year. Total reimbursement premium for purposes of the 6 calculation under this subparagraph shall be estimated using 7 the assumption that all insurers have selected the 90-percent 8 coverage level. 9 2. The retention multiple as determined under 10 subparagraph 1. shall be adjusted to reflect the coverage 11 level elected by the insurer. For insurers electing the 12 90-percent coverage level, the adjusted retention multiple is 13 100 percent of the amount determined under subparagraph 1. For 14 insurers electing the 75-percent coverage level, the retention 15 multiple is 120 percent of the amount determined under 16 subparagraph 1. For insurers electing the 45-percent coverage 17 level, the adjusted retention multiple is 200 percent of the 18 amount determined under subparagraph 1. 19 3. An insurer shall determine its provisional 20 retention by multiplying its provisional reimbursement premium 21 by the applicable adjusted retention multiple and shall 22 determine its actual retention by multiplying its actual 23 reimbursement premium by the applicable adjusted retention 24 multiple. 25 4. For insurers who experience multiple covered events 26 causing loss during the contract year, beginning June 1, 2005, 27 each insurer's full retention shall be applied to the two 28 largest losses from the covered events for that insurer. For 29 all other covered events resulting in losses, the insurer's 30 retention shall be reduced to one-third of the full retention. 31 The reimbursement contract shall provide for the reimbursement 2 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 of losses for each covered event based on the full retention 2 with adjustments made to reflect the reduced retentions after 3 January 1 of the contract year provided the insurer reports 4 its losses as specified in the reimbursement contract. 5 Section 2. Effective July 1, 2005, section 215.559, 6 Florida Statutes, is amended to read: 7 215.559 Hurricane Loss Mitigation Program.-- 8 (1) There is created a Hurricane Loss Mitigation 9 Program. The Legislature shall annually appropriate $10 10 million of the moneys authorized for appropriation under s. 11 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to 12 the Department of Community Affairs for the purposes set forth 13 in this section. 14 (2)(a) Seven million dollars in funds provided in 15 subsection (1) shall be used for programs to improve the wind 16 resistance of residences and mobile homes, including loans, 17 subsidies, grants, demonstration projects, and direct 18 assistance; cooperative programs with local governments and 19 the Federal Government; and other efforts to prevent or reduce 20 losses or reduce the cost of rebuilding after a disaster. 21 (b) Three million dollars in funds provided in 22 subsection (1) shall be used to retrofit existing facilities 23 used as public hurricane shelters. The department must 24 prioritize the use of these funds for projects included in the 25 September 1, 2000, version of the Shelter Retrofit Report 26 prepared in accordance with s. 252.385(3), and each annual 27 report thereafter. The department must give funding priority 28 to projects in regional planning council regions that have 29 shelter deficits and to projects that maximize use of state 30 funds. 31 (3) The department shall establish a low-interest loan 3 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 program for homeowners and mobile homeowners to retrofit their 2 homes with fixtures or construction techniques demonstrated to 3 reduce the amount of damage or loss due to a hurricane. The 4 department may use up to $5 million of the funds appropriated 5 pursuant to paragraph (2)(a) to subsidize or guaranty loans 6 for this purpose made by state or federally chartered 7 financial institutions, pursuant to contractual agreements 8 with such institutions, as approved by the Office of Financial 9 Regulation. The department shall establish the qualifications 10 and limitations for such loans and approve such other terms 11 and conditions of the loan agreements in consultation with the 12 Office of Financial Regulation. The obligations of the state 13 for any loan guaranty or subsidy is limited to the amount 14 appropriated for this purpose. Forty percent of the total 15 appropriation in paragraph (2)(a) shall be used to inspect and 16 improve tie-downs for mobile homes. Within 30 days after the 17 effective date of that appropriation, the department shall 18 contract with a public higher educational institution in this 19 state which has previous experience in administering the 20 programs set forth in this subsection to serve as the 21 administrative entity and fiscal agent pursuant to s. 216.346 22 for the purpose of administering the programs set forth in 23 this subsection in accordance with established policy and 24 procedures. The administrative entity working with the 25 advisory council set up under subsection (5) shall develop a 26 list of mobile home parks and counties that may be eligible to 27 participate in the tie-down program. 28 (4) Of moneys provided to the Department of Community 29 Affairs in paragraph (2)(a), 10 percent shall be allocated to 30 a Type I Center within the State University System dedicated 31 to hurricane research. The Type I Center shall develop a 4 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 preliminary work plan approved by the advisory council set 2 forth in subsection (5) to eliminate the state and local 3 barriers to upgrading existing mobile homes and communities, 4 research and develop a program for the recycling of existing 5 older mobile homes, and support programs of research and 6 development relating to hurricane loss reduction devices and 7 techniques for site-built residences. The State University 8 System also shall consult with the Department of Community 9 Affairs and assist the department with the report required 10 under subsection (7). 11 (5) Except for the program set forth in subsection 12 (3), The Department of Community Affairs shall develop the 13 programs set forth in this section in consultation with an 14 advisory council consisting of a representative designated by 15 the Chief Financial Officer, a representative designated by 16 the Florida Home Builders Association, a representative 17 designated by the Florida Insurance Council, a representative 18 designated by the Federation of Manufactured Home Owners, a 19 representative designated by the Florida Association of 20 Counties, and a representative designated by the Florida 21 Manufactured Housing Association. 22 (6) Moneys provided to the Department of Community 23 Affairs under this section are intended to supplement other 24 funding sources of the Department of Community Affairs and may 25 not supplant other funding sources of the Department of 26 Community Affairs. 27 (7) On January 1st of each year, the Department of 28 Community Affairs shall provide a full report and accounting 29 of activities under this section and an evaluation of such 30 activities to the Speaker of the House of Representatives, the 31 President of the Senate, and the Majority and Minority Leaders 5 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 of the House of Representatives and the Senate. 2 (8) This section is repealed June 30, 2011. 3 Section 3. Subsections (4) and (5) of section 627.062, 4 Florida Statutes, are amended, subsection (6) of that section 5 is repealed, and subsections (7) and (8) of that section are 6 renumbered as subsections (6) and (7), respectively, to read: 7 627.062 Rate standards.-- 8 (4) The establishment of any rate, rating 9 classification, rating plan or schedule, or variation thereof 10 in violation of part IX of chapter 626 is also in violation of 11 this section. In order to enhance the ability of consumers to 12 compare premiums and to increase the accuracy and usefulness 13 of rate-comparison information provided by the office to the 14 public, the commission shall adopt, by rule, standard rating 15 territories to be used by all authorized property and casualty 16 insurers for residential property insurance. In adopting such 17 rules, the commission may consider geographical 18 characteristics relevant to risk, county lines, major 19 roadways, existing rating territories used by a significant 20 segment of the market, and other relevant factors. Such rules 21 shall be adopted by January 1, 2006, and may specify such 22 future date or dates when insurers must use the standard 23 rating territories in their residential property insurance 24 rate filings. 25 (5) With respect to a rate filing involving coverage 26 of the type for which the insurer is required to pay a 27 reimbursement premium to the Florida Hurricane Catastrophe 28 Fund, the insurer may fully recoup in its property insurance 29 premiums any reimbursement premiums paid to the Florida 30 Hurricane Catastrophe Fund, together with reasonable costs of 31 other reinsurance, but may not recoup reinsurance costs that 6 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 duplicate coverage provided by the Florida Hurricane 2 Catastrophe Fund. An insurer may not recoup more than 1 year 3 of reimbursement premium at a time. Any under-recoupment from 4 the prior year may be added to the following year's 5 reimbursement premium and any over-recoupment shall be 6 subtracted from the following year's reimbursement premium. 7 (6)(a) After any action with respect to a rate filing 8 that constitutes agency action for purposes of the 9 Administrative Procedure Act, except for a rate filing for 10 medical malpractice, an insurer may, in lieu of demanding a 11 hearing under s. 120.57, require arbitration of the rate 12 filing. Arbitration shall be conducted by a board of 13 arbitrators consisting of an arbitrator selected by the 14 office, an arbitrator selected by the insurer, and an 15 arbitrator selected jointly by the other two arbitrators. Each 16 arbitrator must be certified by the American Arbitration 17 Association. A decision is valid only upon the affirmative 18 vote of at least two of the arbitrators. No arbitrator may be 19 an employee of any insurance regulator or regulatory body or 20 of any insurer, regardless of whether or not the employing 21 insurer does business in this state. The office and the 22 insurer must treat the decision of the arbitrators as the 23 final approval of a rate filing. Costs of arbitration shall be 24 paid by the insurer. 25 (b) Arbitration under this subsection shall be 26 conducted pursuant to the procedures specified in ss. 27 682.06-682.10. Either party may apply to the circuit court to 28 vacate or modify the decision pursuant to s. 682.13 or s. 29 682.14. The commission shall adopt rules for arbitration under 30 this subsection, which rules may not be inconsistent with the 31 arbitration rules of the American Arbitration Association as 7 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 of January 1, 1996. 2 (c) Upon initiation of the arbitration process, the 3 insurer waives all rights to challenge the action of the 4 office under the Administrative Procedure Act or any other 5 provision of law; however, such rights are restored to the 6 insurer if the arbitrators fail to render a decision within 90 7 days after initiation of the arbitration process. 8 (6)(7)(a) The provisions of this subsection apply only 9 with respect to rates for medical malpractice insurance and 10 shall control to the extent of any conflict with other 11 provisions of this section. 12 (b) Any portion of a judgment entered or settlement 13 paid as a result of a statutory or common-law bad faith action 14 and any portion of a judgment entered which awards punitive 15 damages against an insurer may not be included in the 16 insurer's rate base, and shall not be used to justify a rate 17 or rate change. Any common-law bad faith action identified as 18 such, any portion of a settlement entered as a result of a 19 statutory or common-law action, or any portion of a settlement 20 wherein an insurer agrees to pay specific punitive damages may 21 not be used to justify a rate or rate change. The portion of 22 the taxable costs and attorney's fees which is identified as 23 being related to the bad faith and punitive damages in these 24 judgments and settlements may not be included in the insurer's 25 rate base and may not be utilized to justify a rate or rate 26 change. 27 (c) Upon reviewing a rate filing and determining 28 whether the rate is excessive, inadequate, or unfairly 29 discriminatory, the office shall consider, in accordance with 30 generally accepted and reasonable actuarial techniques, past 31 and present prospective loss experience, either using loss 8 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 experience solely for this state or giving greater credibility 2 to this state's loss data after applying actuarially sound 3 methods of assigning credibility to such data. 4 (d) Rates shall be deemed excessive if, among other 5 standards established by this section, the rate structure 6 provides for replenishment of reserves or surpluses from 7 premiums when the replenishment is attributable to investment 8 losses. 9 (e) The insurer must apply a discount or surcharge 10 based on the health care provider's loss experience or shall 11 establish an alternative method giving due consideration to 12 the provider's loss experience. The insurer must include in 13 the filing a copy of the surcharge or discount schedule or a 14 description of the alternative method used, and must provide a 15 copy of such schedule or description, as approved by the 16 office, to policyholders at the time of renewal and to 17 prospective policyholders at the time of application for 18 coverage. 19 (f) Each medical malpractice insurer must make a rate 20 filing under this section, sworn to by at least two executive 21 officers of the insurer, at least once each calendar year. 22 (7)(8)(a)1. No later than 60 days after the effective 23 date of medical malpractice legislation enacted during the 24 2003 Special Session D of the Florida Legislature, the office 25 shall calculate a presumed factor that reflects the impact 26 that the changes contained in such legislation will have on 27 rates for medical malpractice insurance and shall issue a 28 notice informing all insurers writing medical malpractice 29 coverage of such presumed factor. In determining the presumed 30 factor, the office shall use generally accepted actuarial 31 techniques and standards provided in this section in 9 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 determining the expected impact on losses, expenses, and 2 investment income of the insurer. To the extent that the 3 operation of a provision of medical malpractice legislation 4 enacted during the 2003 Special Session D of the Florida 5 Legislature is stayed pending a constitutional challenge, the 6 impact of that provision shall not be included in the 7 calculation of a presumed factor under this subparagraph. 8 2. No later than 60 days after the office issues its 9 notice of the presumed rate change factor under subparagraph 10 1., each insurer writing medical malpractice coverage in this 11 state shall submit to the office a rate filing for medical 12 malpractice insurance, which will take effect no later than 13 January 1, 2004, and apply retroactively to policies issued or 14 renewed on or after the effective date of medical malpractice 15 legislation enacted during the 2003 Special Session D of the 16 Florida Legislature. Except as authorized under paragraph (b), 17 the filing shall reflect an overall rate reduction at least as 18 great as the presumed factor determined under subparagraph 1. 19 With respect to policies issued on or after the effective date 20 of such legislation and prior to the effective date of the 21 rate filing required by this subsection, the office shall 22 order the insurer to make a refund of the amount that was 23 charged in excess of the rate that is approved. 24 (b) Any insurer or rating organization that contends 25 that the rate provided for in paragraph (a) is excessive, 26 inadequate, or unfairly discriminatory shall separately state 27 in its filing the rate it contends is appropriate and shall 28 state with specificity the factors or data that it contends 29 should be considered in order to produce such appropriate 30 rate. The insurer or rating organization shall be permitted to 31 use all of the generally accepted actuarial techniques 10 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 provided in this section in making any filing pursuant to this 2 subsection. The office shall review each such exception and 3 approve or disapprove it prior to use. It shall be the 4 insurer's burden to actuarially justify any deviations from 5 the rates required to be filed under paragraph (a). The 6 insurer making a filing under this paragraph shall include in 7 the filing the expected impact of medical malpractice 8 legislation enacted during the 2003 Special Session D of the 9 Florida Legislature on losses, expenses, and rates. 10 (c) If any provision of medical malpractice 11 legislation enacted during the 2003 Special Session D of the 12 Florida Legislature is held invalid by a court of competent 13 jurisdiction, the office shall permit an adjustment of all 14 medical malpractice rates filed under this section to reflect 15 the impact of such holding on such rates so as to ensure that 16 the rates are not excessive, inadequate, or unfairly 17 discriminatory. 18 (d) Rates approved on or before July 1, 2003, for 19 medical malpractice insurance shall remain in effect until the 20 effective date of a new rate filing approved under this 21 subsection. 22 (e) The calculation and notice by the office of the 23 presumed factor pursuant to paragraph (a) is not an order or 24 rule that is subject to chapter 120. If the office enters into 25 a contract with an independent consultant to assist the office 26 in calculating the presumed factor, such contract shall not be 27 subject to the competitive solicitation requirements of s. 28 287.057. 29 Section 4. Paragraph (c) of subsection (1) and 30 paragraph (c) of subsection (3) of section 627.0628, Florida 31 Statutes, are amended to read: 11 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 627.0628 Florida Commission on Hurricane Loss 2 Projection Methodology.-- 3 (1) LEGISLATIVE FINDINGS AND INTENT.-- 4 (c) It is the intent of the Legislature to create the 5 Florida Commission on Hurricane Loss Projection Methodology as 6 a panel of experts to provide the most actuarially 7 sophisticated guidelines and standards for projection of 8 hurricane losses possible, given the current state of 9 actuarial science. It is the further intent of the Legislature 10 that such standards and guidelines must be used by the State 11 Board of Administration in developing reimbursement premium 12 rates for the Florida Hurricane Catastrophe Fund, and, subject 13 to paragraph (3)(c), may be used by insurers in rate filings 14 under s. 627.062 unless the way in which such standards and 15 guidelines were applied by the insurer was erroneous, as shown 16 by a preponderance of the evidence. 17 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.-- 18 (c) With respect to a rate filing under s. 627.062, an 19 insurer may employ actuarial methods, principles, standards, 20 models, or output ranges found by the commission to be 21 accurate or reliable to determine hurricane loss factors for 22 use in a rate filing under s. 627.062. Such, which findings 23 and factors are admissible and relevant in consideration of a 24 rate filing by the office or in any arbitration or 25 administrative or judicial review only if the office and the 26 consumer advocate appointed pursuant to s. 627.0613 have 27 access to all of the assumptions and factors that were used in 28 developing the actuarial methods, principles, standards, 29 models, or output ranges, and are not precluded from 30 disclosing such information in a rate proceeding. 31 Section 5. Subsection (7) of section 627.0629, Florida 12 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 Statutes, is amended to read: 2 627.0629 Residential property insurance; rate 3 filings.-- 4 (7) Any rate filing that is based in whole or part on 5 data from a computer model may not exceed 15 25 percent unless 6 there is a public hearing. 7 Section 6. Section 627.06291, Florida Statutes, is 8 created to read: 9 627.06291 Reports of hurricane loss data for the 10 public hurricane model.--Residential property insurers and 11 licensed rating and advisory organizations that compile loss 12 data shall report residential hurricane loss data, as 13 specified by the office, to the type I center at a state 14 university under contract with the office for the development 15 and updating of a public hurricane model. 16 Section 7. Effective October 1, 2005, paragraphs (c), 17 (d), and (g) of subsection (6) of section 627.351, Florida 18 Statutes, are amended to read: 19 627.351 Insurance risk apportionment plans.-- 20 (6) CITIZENS PROPERTY INSURANCE CORPORATION.-- 21 (c) The plan of operation of the corporation: 22 1. Must provide for adoption of residential property 23 and casualty insurance policy forms and commercial residential 24 and nonresidential property insurance forms, which forms must 25 be approved by the office prior to use. The corporation shall 26 adopt the following policy forms: 27 a. Standard personal lines policy forms that are 28 comprehensive multiperil policies providing full coverage of a 29 residential property equivalent to the coverage provided in 30 the private insurance market under an HO-3, HO-4, or HO-6 31 policy. 13 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 b. Basic personal lines policy forms that are policies 2 similar to an HO-8 policy or a dwelling fire policy that 3 provide coverage meeting the requirements of the secondary 4 mortgage market, but which coverage is more limited than the 5 coverage under a standard policy. 6 c. Commercial lines residential policy forms that are 7 generally similar to the basic perils of full coverage 8 obtainable for commercial residential structures in the 9 admitted voluntary market. 10 d. Personal lines and commercial lines residential 11 property insurance forms that cover the peril of wind only. 12 The forms are applicable only to residential properties 13 located in areas eligible for coverage under the high-risk 14 account referred to in sub-subparagraph (b)2.a. 15 e. Commercial lines nonresidential property insurance 16 forms that cover the peril of wind only. The forms are 17 applicable only to nonresidential properties located in areas 18 eligible for coverage under the high-risk account referred to 19 in sub-subparagraph (b)2.a. 20 21 The dwelling limits for any personal lines policy in both the 22 personal lines account and the high-risk account may not 23 exceed $1 million. 24 2.a. Must provide that the corporation adopt a program 25 in which the corporation and authorized insurers enter into 26 quota share primary insurance agreements for hurricane 27 coverage, as defined in s. 627.4025(2)(a), for eligible risks, 28 and adopt property insurance forms for eligible risks which 29 cover the peril of wind only. As used in this subsection, the 30 term: 31 (I) "Quota share primary insurance" means an 14 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 arrangement in which the primary hurricane coverage of an 2 eligible risk is provided in specified percentages by the 3 corporation and an authorized insurer. The corporation and 4 authorized insurer are each solely responsible for a specified 5 percentage of hurricane coverage of an eligible risk as set 6 forth in a quota share primary insurance agreement between the 7 corporation and an authorized insurer and the insurance 8 contract. The responsibility of the corporation or authorized 9 insurer to pay its specified percentage of hurricane losses of 10 an eligible risk, as set forth in the quota share primary 11 insurance agreement, may not be altered by the inability of 12 the other party to the agreement to pay its specified 13 percentage of hurricane losses. Eligible risks that are 14 provided hurricane coverage through a quota share primary 15 insurance arrangement must be provided policy forms that set 16 forth the obligations of the corporation and authorized 17 insurer under the arrangement, clearly specify the percentages 18 of quota share primary insurance provided by the corporation 19 and authorized insurer, and conspicuously and clearly state 20 that neither the authorized insurer nor the corporation may be 21 held responsible beyond its specified percentage of coverage 22 of hurricane losses. 23 (II) "Eligible risks" means personal lines residential 24 and commercial lines residential risks that meet the 25 underwriting criteria of the corporation and are located in 26 areas that were eligible for coverage by the Florida Windstorm 27 Underwriting Association on January 1, 2002. 28 b. The corporation may enter into quota share primary 29 insurance agreements with authorized insurers at corporation 30 coverage levels of 90 percent and 50 percent. 31 c. If the corporation determines that additional 15 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 coverage levels are necessary to maximize participation in 2 quota share primary insurance agreements by authorized 3 insurers, the corporation may establish additional coverage 4 levels. However, the corporation's quota share primary 5 insurance coverage level may not exceed 90 percent. 6 d. Any quota share primary insurance agreement entered 7 into between an authorized insurer and the corporation must 8 provide for a uniform specified percentage of coverage of 9 hurricane losses, by county or territory as set forth by the 10 corporation board, for all eligible risks of the authorized 11 insurer covered under the quota share primary insurance 12 agreement. 13 e. Any quota share primary insurance agreement entered 14 into between an authorized insurer and the corporation is 15 subject to review and approval by the office. However, such 16 agreement shall be authorized only as to insurance contracts 17 entered into between an authorized insurer and an insured who 18 is already insured by the corporation for wind coverage. 19 f. For all eligible risks covered under quota share 20 primary insurance agreements, the exposure and coverage levels 21 for both the corporation and authorized insurers shall be 22 reported by the corporation to the Florida Hurricane 23 Catastrophe Fund. For all policies of eligible risks covered 24 under quota share primary insurance agreements, the 25 corporation and the authorized insurer shall maintain complete 26 and accurate records for the purpose of exposure and loss 27 reimbursement audits as required by Florida Hurricane 28 Catastrophe Fund rules. The corporation and the authorized 29 insurer shall each maintain duplicate copies of policy 30 declaration pages and supporting claims documents. 31 g. The corporation board shall establish in its plan 16 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 of operation standards for quota share agreements which ensure 2 that there is no discriminatory application among insurers as 3 to the terms of quota share agreements, pricing of quota share 4 agreements, incentive provisions if any, and consideration 5 paid for servicing policies or adjusting claims. 6 h. The quota share primary insurance agreement between 7 the corporation and an authorized insurer must set forth the 8 specific terms under which coverage is provided, including, 9 but not limited to, the sale and servicing of policies issued 10 under the agreement by the insurance agent of the authorized 11 insurer producing the business, the reporting of information 12 concerning eligible risks, the payment of premium to the 13 corporation, and arrangements for the adjustment and payment 14 of hurricane claims incurred on eligible risks by the claims 15 adjuster and personnel of the authorized insurer. Entering 16 into a quota sharing insurance agreement between the 17 corporation and an authorized insurer shall be voluntary and 18 at the discretion of the authorized insurer. 19 3. May provide that the corporation may employ or 20 otherwise contract with individuals or other entities to 21 provide administrative or professional services that may be 22 appropriate to effectuate the plan. The corporation shall have 23 the power to borrow funds, by issuing bonds or by incurring 24 other indebtedness, and shall have other powers reasonably 25 necessary to effectuate the requirements of this subsection. 26 The corporation may, but is not required to, seek judicial 27 validation of its bonds or other indebtedness under chapter 28 75. The corporation may issue bonds or incur other 29 indebtedness, or have bonds issued on its behalf by a unit of 30 local government pursuant to subparagraph (g)2., in the 31 absence of a hurricane or other weather-related event, upon a 17 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 determination by the corporation, subject to approval by the 2 office, that such action would enable it to efficiently meet 3 the financial obligations of the corporation and that such 4 financings are reasonably necessary to effectuate the 5 requirements of this subsection. The corporation is authorized 6 to take all actions needed to facilitate tax-free status for 7 any such bonds or indebtedness, including formation of trusts 8 or other affiliated entities. The corporation shall have the 9 authority to pledge assessments, projected recoveries from the 10 Florida Hurricane Catastrophe Fund, other reinsurance 11 recoverables, market equalization and other surcharges, and 12 other funds available to the corporation as security for bonds 13 or other indebtedness. In recognition of s. 10, Art. I of the 14 State Constitution, prohibiting the impairment of obligations 15 of contracts, it is the intent of the Legislature that no 16 action be taken whose purpose is to impair any bond indenture 17 or financing agreement or any revenue source committed by 18 contract to such bond or other indebtedness. 19 4. Must require that the corporation operate subject 20 to the supervision and approval of a board of governors 21 consisting of 8 7 individuals who are residents of this state, 22 from different geographical areas of this state, appointed by 23 the Chief Financial Officer. The Governor, the Chief Financial 24 Officer, the President of the Senate, and the Speaker of the 25 House of Representatives shall each appoint two members of the 26 board, effective August 1, 2005. The Chief Financial Officer 27 shall designate one of the appointees as chair. All board 28 members serve at the pleasure of the appointing officer Chief 29 Financial Officer. All board members, including the chair, 30 must be appointed to serve for 3-year terms beginning annually 31 on a date designated by the plan. Any board vacancy shall be 18 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 filled for the unexpired term by the appointing officer Chief 2 Financial Officer. The Chief Financial Officer shall appoint a 3 technical advisory group to provide information and advice to 4 the board of governors in connection with the board's duties 5 under this subsection. The executive director and senior 6 managers of the corporation shall be engaged by the board, as 7 recommended by the Chief Financial Officer and serve at the 8 pleasure of the board Chief Financial Officer. The executive 9 director is responsible for employing other staff as the 10 corporation may require, subject to review and concurrence by 11 the board and office of the Chief Financial Officer. 12 5. Must provide a procedure for determining the 13 eligibility of a risk for coverage, as follows: 14 a. Subject to the provisions of s. 627.3517, with 15 respect to personal lines residential risks, if the risk is 16 offered coverage from an authorized insurer at the insurer's 17 approved rate under either a standard policy including wind 18 coverage or, if consistent with the insurer's underwriting 19 rules as filed with the office, a basic policy including wind 20 coverage, the risk is not eligible for any policy issued by 21 the corporation. If the risk is not able to obtain any such 22 offer, the risk is eligible for either a standard policy 23 including wind coverage or a basic policy including wind 24 coverage issued by the corporation; however, if the risk could 25 not be insured under a standard policy including wind coverage 26 regardless of market conditions, the risk shall be eligible 27 for a basic policy including wind coverage unless rejected 28 under subparagraph 8. The corporation shall determine the type 29 of policy to be provided on the basis of objective standards 30 specified in the underwriting manual and based on generally 31 accepted underwriting practices. 19 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 (I) If the risk accepts an offer of coverage through 2 the market assistance plan or an offer of coverage through a 3 mechanism established by the corporation before a policy is 4 issued to the risk by the corporation or during the first 30 5 days of coverage by the corporation, and the producing agent 6 who submitted the application to the plan or to the 7 corporation is not currently appointed by the insurer, the 8 insurer shall: 9 (A) Pay to the producing agent of record of the 10 policy, for the first year, an amount that is the greater of 11 the insurer's usual and customary commission for the type of 12 policy written or a fee equal to the usual and customary 13 commission of the corporation; or 14 (B) 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 greater of 17 the insurer's or the corporation's usual and customary 18 commission for the type of policy written. 19 20 If the producing agent is unwilling or unable to accept 21 appointment, the new insurer shall pay the agent in accordance 22 with sub-sub-sub-subparagraph (A). 23 (II) When the corporation enters into a contractual 24 agreement for a take-out plan, the producing agent of record 25 of the corporation policy is entitled to retain any unearned 26 commission on the policy, and the insurer shall: 27 (A) Pay to the producing agent of record of the 28 corporation policy, for the first year, an amount that is the 29 greater of the insurer's usual and customary commission for 30 the type of policy written or a fee equal to the usual and 31 customary commission of the corporation; or 20 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 (B) Offer to allow the producing agent of record of 2 the corporation 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 corporation'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 sub-sub-sub-subparagraph (A). 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 If the risk is not able to obtain any such offer, the risk is 15 eligible for a policy including wind coverage issued by the 16 corporation. 17 (I) If the risk accepts an offer of coverage through 18 the market assistance plan or an offer of coverage through a 19 mechanism established by the corporation before a policy is 20 issued to the risk by the corporation or during the first 30 21 days of coverage by the corporation, and the producing agent 22 who submitted the application to the plan or the corporation 23 is not currently appointed by the insurer, the insurer shall: 24 (A) Pay to the producing agent of record of the 25 policy, for the first year, an amount that is the greater of 26 the insurer's usual and customary commission for the type of 27 policy written or a fee equal to the usual and customary 28 commission of the corporation; or 29 (B) Offer to allow the producing agent of record of 30 the policy to continue servicing the policy for a period of 31 not less than 1 year and offer to pay the agent the greater of 21 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 the insurer's or the corporation's usual and customary 2 commission for the type of policy written. 3 4 If the producing agent is unwilling or unable to accept 5 appointment, the new insurer shall pay the agent in accordance 6 with sub-sub-sub-subparagraph (A). 7 (II) When the corporation enters into a contractual 8 agreement for a take-out plan, the producing agent of record 9 of the corporation policy is entitled to retain any unearned 10 commission on the policy, and the insurer shall: 11 (A) Pay to the producing agent of record of the 12 corporation policy, for the first year, an amount that is the 13 greater of the insurer's usual and customary commission for 14 the type of policy written or a fee equal to the usual and 15 customary commission of the corporation; or 16 (B) Offer to allow the producing agent of record of 17 the corporation policy to continue servicing the policy for a 18 period of not less than 1 year and offer to pay the agent the 19 greater of the insurer's or the corporation's usual and 20 customary commission for the type of policy written. 21 22 If the producing agent is unwilling or unable to accept 23 appointment, the new insurer shall pay the agent in accordance 24 with sub-sub-sub-subparagraph (A). 25 6. Must include rules for classifications of risks and 26 rates therefor. 27 7. Must provide that if premium and investment income 28 for an account attributable to a particular calendar year are 29 in excess of projected losses and expenses for the account 30 attributable to that year, such excess shall be held in 31 surplus in the account. Such surplus shall be available to 22 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 defray deficits in that account as to future years and shall 2 be used for that purpose prior to assessing assessable 3 insurers and assessable insureds as to any calendar year. 4 8. Must provide objective criteria and procedures to 5 be uniformly applied for all applicants in determining whether 6 an individual risk is so hazardous as to be uninsurable. In 7 making this determination and in establishing the criteria and 8 procedures, the following shall be considered: 9 a. Whether the likelihood of a loss for the individual 10 risk is substantially higher than for other risks of the same 11 class; and 12 b. Whether the uncertainty associated with the 13 individual risk is such that an appropriate premium cannot be 14 determined. 15 16 The acceptance or rejection of a risk by the corporation shall 17 be construed as the private placement of insurance, and the 18 provisions of chapter 120 shall not apply. 19 9. Must provide that the corporation shall make its 20 best efforts to procure catastrophe reinsurance at reasonable 21 rates to cover its projected 100-year probable maximum loss, 22 as determined by the board of governors. 23 10. Must provide that in the event of regular deficit 24 assessments under sub-subparagraph (b)3.a. or sub-subparagraph 25 (b)3.b., in the personal lines account, the commercial lines 26 residential account, or the high-risk account, the corporation 27 shall levy upon corporation policyholders in its next rate 28 filing, or by a separate rate filing solely for this purpose, 29 a market equalization surcharge arising from a regular 30 assessment in such account in a percentage equal to the total 31 amount of such regular assessments divided by the aggregate 23 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 statewide direct written premium for subject lines of business 2 for the prior calendar year. Market equalization surcharges 3 under this subparagraph are not considered premium and are not 4 subject to commissions, fees, or premium taxes; however, 5 failure to pay a market equalization surcharge shall be 6 treated as failure to pay premium. 7 11. The policies issued by the corporation must 8 provide that, if the corporation or the market assistance plan 9 obtains an offer from an authorized insurer to cover the risk 10 at its approved rates, the risk is no longer eligible for 11 renewal through the corporation. 12 12. Corporation policies and applications must include 13 a notice that the corporation policy could, under this 14 section, be replaced with a policy issued by an authorized 15 insurer that does not provide coverage identical to the 16 coverage provided by the corporation. The notice shall also 17 specify that acceptance of corporation coverage creates a 18 conclusive presumption that the applicant or policyholder is 19 aware of this potential. 20 13. May establish, subject to approval by the office, 21 different eligibility requirements and operational procedures 22 for any line or type of coverage for any specified county or 23 area if the board determines that such changes to the 24 eligibility requirements and operational procedures are 25 justified due to the voluntary market being sufficiently 26 stable and competitive in such area or for such line or type 27 of coverage and that consumers who, in good faith, are unable 28 to obtain insurance through the voluntary market through 29 ordinary methods would continue to have access to coverage 30 from the corporation. When coverage is sought in connection 31 with a real property transfer, such requirements and 24 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 procedures shall not provide for an effective date of coverage 2 later than the date of the closing of the transfer as 3 established by the transferor, the transferee, and, if 4 applicable, the lender. 5 14. Must provide that, with respect to the high-risk 6 account, any assessable insurer with a surplus as to 7 policyholders of $25 million or less writing 25 percent or 8 more of its total countrywide property insurance premiums in 9 this state may petition the office, within the first 90 days 10 of each calendar year, to qualify as a limited apportionment 11 company. In no event shall a limited apportionment company be 12 required to participate in the portion of any assessment, 13 within the high-risk account, pursuant to sub-subparagraph 14 (b)3.a. or sub-subparagraph (b)3.b. in the aggregate which 15 exceeds $50 million after payment of available high-risk 16 account funds in any calendar year. However, a limited 17 apportionment company shall collect from its policyholders any 18 emergency assessment imposed under sub-subparagraph (b)3.d. 19 The plan shall provide that, if the office determines that any 20 regular assessment will result in an impairment of the surplus 21 of a limited apportionment company, the office may direct that 22 all or part of such assessment be deferred as provided in 23 subparagraph (g)4. However, there shall be no limitation or 24 deferment of an emergency assessment to be collected from 25 policyholders under sub-subparagraph (b)3.d. 26 15. Must provide that the corporation appoint as its 27 licensed agents only those agents who also hold an appointment 28 as defined in s. 626.015(3) with an insurer who at the time of 29 the agent's initial appointment by the corporation is 30 authorized to write and is actually writing personal lines 31 residential property coverage, commercial residential property 25 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 coverage, or commercial nonresidential property coverage 2 within the state. 3 (d)1. It is the intent of the Legislature that the 4 rates for coverage provided by the corporation be actuarially 5 sound and not competitive with approved rates charged in the 6 admitted voluntary market, so that the corporation functions 7 as a residual market mechanism to provide insurance only when 8 the insurance cannot be procured in the voluntary market. 9 Rates shall include an appropriate catastrophe loading factor 10 that reflects the actual catastrophic exposure of the 11 corporation. 12 2. For each county, the average rates of the 13 corporation for each line of business for personal lines 14 residential policies excluding rates for wind-only policies 15 shall be no lower than the average rates charged by the 16 insurer that had the highest average rate in that county among 17 the 20 insurers with the greatest total direct written premium 18 in the state for that line of business in the preceding year, 19 except that with respect to mobile home coverages, the average 20 rates of the corporation shall be no lower than the average 21 rates charged by the insurer that had the highest average rate 22 in that county among the 5 insurers with the greatest total 23 written premium for mobile home owner's policies in the state 24 in the preceding year. 25 3. Rates for personal lines residential wind-only 26 policies must be actuarially sound and not competitive with 27 approved rates charged by authorized insurers. However, for 28 personal lines residential wind-only policies issued or 29 renewed between July 1, 2002, and June 30, 2003, the maximum 30 premium increase must be no greater than 10 percent of the 31 Florida Windstorm Underwriting Association premium for that 26 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 policy in effect on June 30, 2002, as adjusted for coverage 2 changes and seasonal occupancy surcharges. For personal lines 3 residential wind-only policies issued or renewed between July 4 1, 2003, and June 30, 2004, the corporation shall use its 5 existing filed and approved wind-only rating and 6 classification plans, provided, however, that the maximum 7 premium increase must be no greater than 20 percent of the 8 premium for that policy in effect on June 30, 2003, as 9 adjusted for coverage changes and seasonal occupancy 10 surcharges. Corporation rate manuals shall include a rate 11 surcharge for seasonal occupancy. To ensure that personal 12 lines residential wind-only rates effective on or after July 13 1, 2004, are not competitive with approved rates charged by 14 authorized insurers, the corporation, in conjunction with the 15 office, shall develop a wind-only ratemaking methodology, 16 which methodology shall be contained in each a rate filing 17 made by the corporation with the office by January 1, 2004. If 18 the office thereafter determines that the wind-only rates or 19 rating factors filed by the corporation fail to comply with 20 the wind-only ratemaking methodology provided for in this 21 subsection, it shall so notify the corporation and require the 22 corporation to amend its rates or rating factors to come into 23 compliance within 90 days of notice from the office. The 24 office shall report to the Speaker of the House of 25 Representatives and the President of the Senate on the 26 provisions of the wind-only ratemaking methodology by January 27 31, 2004. 28 4. The provisions of subparagraph 2. do not apply to 29 coverage provided by the corporation in any county for which 30 the office determines that a reasonable degree of competition 31 does not exist for personal lines residential policies. The 27 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 provisions of subparagraph 3. do not apply to coverage 2 provided by the corporation in any county for which the office 3 determines that a reasonable degree of competition does not 4 exist for personal lines residential policies in the area of 5 that county which is eligible for wind-only coverage. In such 6 counties, the rates for personal lines residential coverage 7 shall be actuarially sound and not excessive, inadequate, or 8 unfairly discriminatory and are subject to the other 9 provisions of this paragraph and s. 627.062. The commission 10 may adopt rules establishing the criteria for determining 11 whether a reasonable degree of competition exists for personal 12 lines residential policies. Beginning October 1, 2005, and 13 each 6 months thereafter, the office shall determine and 14 identify those counties for which a reasonable degree of 15 competition does not exist for purposes of subparagraphs 2. 16 and 3., respectively. 17 5.4. Rates for commercial lines coverage shall not be 18 subject to the requirements of subparagraph 2., but shall be 19 subject to all other requirements of this paragraph and s. 20 627.062. 21 6.5. Nothing in this paragraph shall require or allow 22 the corporation to adopt a rate that is inadequate under s. 23 627.062. 24 7.6. The corporation shall certify to the office at 25 least twice annually that its personal lines rates comply with 26 the requirements of this paragraph subparagraphs 1. and 2. If 27 any adjustment in the rates or rating factors of the 28 corporation is necessary to ensure such compliance, the 29 corporation shall make and implement such adjustments and file 30 its revised rates and rating factors with the office. If the 31 office thereafter determines that the revised rates and rating 28 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 factors fail to comply with the provisions of this paragraph 2 subparagraphs 1. and 2., it shall notify the corporation and 3 require the corporation to amend its rates or rating factors 4 in conjunction with its next rate filing. The office must 5 notify the corporation by electronic means of any rate filing 6 it approves for any insurer among the insurers referred to in 7 subparagraph 2. 8 8.7. In addition to the rates otherwise determined 9 pursuant to this paragraph, the corporation shall impose and 10 collect an amount equal to the premium tax provided for in s. 11 624.509 to augment the financial resources of the corporation. 12 9.8.a. To assist the corporation in developing 13 additional ratemaking methods to assure compliance with this 14 paragraph subparagraphs 1. and 4., the corporation shall 15 appoint a rate methodology panel consisting of one person 16 recommended by the Florida Association of Insurance Agents, 17 one person recommended by the Professional Insurance Agents of 18 Florida, one person recommended by the Florida Association of 19 Insurance and Financial Advisors, one person recommended by 20 the insurer with the highest voluntary market share of 21 residential property insurance business in the state, one 22 person recommended by the insurer with the second-highest 23 voluntary market share of residential property insurance 24 business in the state, one person recommended by an insurer 25 writing commercial residential property insurance in this 26 state, one person recommended by the Office of Insurance 27 Regulation, and one board member designated by the board 28 chairman, who shall serve as chairman of the panel. 29 b. By January 1, 2004, the rate methodology panel 30 shall provide a report to the corporation of its findings and 31 recommendations for the use of additional ratemaking methods 29 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 and procedures, including the use of a rate equalization 2 surcharge in an amount sufficient to assure that the total 3 cost of coverage for policyholders or applicants to the 4 corporation is sufficient to comply with subparagraph 1. 5 c. Within 30 days after such report, the corporation 6 shall present to the President of the Senate, the Speaker of 7 the House of Representatives, the minority party leaders of 8 each house of the Legislature, and the chairs of the standing 9 committees of each house of the Legislature having 10 jurisdiction of insurance issues, a plan for implementing the 11 additional ratemaking methods and an outline of any 12 legislation needed to facilitate use of the new methods. 13 d. The plan must include a provision that producer 14 commissions paid by the corporation shall not be calculated in 15 such a manner as to include any rate equalization surcharge. 16 However, without regard to the plan to be developed or its 17 implementation, producer commissions paid by the corporation 18 for each account, other than the quota share primary program, 19 shall remain fixed as to percentage, effective rate, 20 calculation, and payment method until January 1, 2004. 21 10.9. By January 1, 2004, The corporation shall 22 develop a notice to policyholders or applicants that the rates 23 of Citizens Property Insurance Corporation are intended to be 24 higher than the rates of any admitted carrier and providing 25 other information the corporation deems necessary to assist 26 consumers in finding other voluntary admitted insurers willing 27 to insure their property. 28 (g)1. The corporation shall certify to the office its 29 needs for annual assessments as to a particular calendar year, 30 and for any interim assessments that it deems to be necessary 31 to sustain operations as to a particular year pending the 30 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 receipt of annual assessments. Upon verification, the office 2 shall approve such certification, and the corporation shall 3 levy such annual or interim assessments. Such assessments 4 shall be prorated as provided in paragraph (b). The 5 corporation shall take all reasonable and prudent steps 6 necessary to collect the amount of assessment due from each 7 assessable insurer, including, if prudent, filing suit to 8 collect such assessment. If the corporation is unable to 9 collect an assessment from any assessable insurer, the 10 uncollected assessments shall be levied as an additional 11 assessment against the assessable insurers and any assessable 12 insurer required to pay an additional assessment as a result 13 of such failure to pay shall have a cause of action against 14 such nonpaying assessable insurer. Assessments shall be 15 included as an appropriate factor in the making of rates. The 16 failure of a surplus lines agent to collect and remit any 17 regular or emergency assessment levied by the corporation is 18 considered to be a violation of s. 626.936 and subjects the 19 surplus lines agent to the penalties provided in that section. 20 2. The governing body of any unit of local government, 21 any residents of which are insured by the corporation, may 22 issue bonds as defined in s. 125.013 or s. 166.101 from time 23 to time to fund an assistance program, in conjunction with the 24 corporation, for the purpose of defraying deficits of the 25 corporation. In order to avoid needless and indiscriminate 26 proliferation, duplication, and fragmentation of such 27 assistance programs, any unit of local government, any 28 residents of which are insured by the corporation, may provide 29 for the payment of losses, regardless of whether or not the 30 losses occurred within or outside of the territorial 31 jurisdiction of the local government. Revenue bonds under this 31 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 subparagraph may not be issued until validated pursuant to 2 chapter 75, unless a state of emergency is declared by 3 executive order or proclamation of the Governor pursuant to s. 4 252.36 making such findings as are necessary to determine that 5 it is in the best interests of, and necessary for, the 6 protection of the public health, safety, and general welfare 7 of residents of this state and declaring it an essential 8 public purpose to permit certain municipalities or counties to 9 issue such bonds as will permit relief to claimants and 10 policyholders of the corporation. Any such unit of local 11 government may enter into such contracts with the corporation 12 and with any other entity created pursuant to this subsection 13 as are necessary to carry out this paragraph. Any bonds issued 14 under this subparagraph shall be payable from and secured by 15 moneys received by the corporation from emergency assessments 16 under sub-subparagraph (b)3.d., and assigned and pledged to or 17 on behalf of the unit of local government for the benefit of 18 the holders of such bonds. The funds, credit, property, and 19 taxing power of the state or of the unit of local government 20 shall not be pledged for the payment of such bonds. If any of 21 the bonds remain unsold 60 days after issuance, the office 22 shall require all insurers subject to assessment to purchase 23 the bonds, which shall be treated as admitted assets; each 24 insurer shall be required to purchase that percentage of the 25 unsold portion of the bond issue that equals the insurer's 26 relative share of assessment liability under this subsection. 27 An insurer shall not be required to purchase the bonds to the 28 extent that the office determines that the purchase would 29 endanger or impair the solvency of the insurer. 30 3.a. The corporation shall adopt one or more programs 31 subject to approval by the office for the reduction of both 32 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 new and renewal writings in the corporation. The corporation 2 may consider any prudent and not unfairly discriminatory 3 approach to reducing corporation writings, other than take-out 4 bonuses or payments to insurers, and may adopt a credit 5 against assessment liability or other liability that provides 6 an incentive for insurers to take risks out of the corporation 7 and to keep risks out of the corporation by maintaining or 8 increasing voluntary writings in counties or areas in which 9 corporation risks are highly concentrated and a program to 10 provide a formula under which an insurer voluntarily taking 11 risks out of the corporation by maintaining or increasing 12 voluntary writings will be relieved wholly or partially from 13 assessments under sub-subparagraphs (b)3.a. and b. When the 14 corporation enters into a contractual agreement for a take-out 15 plan, the producing agent of record of the corporation policy 16 is entitled to retain any unearned commission on such policy, 17 and the insurer shall either: 18 (I) Pay to the producing agent of record of the 19 policy, for the first year, an amount which is the greater of 20 the insurer's usual and customary commission for the type of 21 policy written or a policy fee equal to the usual and 22 customary commission of the corporation; or 23 (II) Offer to allow the producing agent of record of 24 the policy to continue servicing the policy for a period of 25 not less than 1 year and offer to pay the agent the insurer's 26 usual and customary commission for the type of policy written. 27 If the producing agent is unwilling or unable to accept 28 appointment by the new insurer, the new insurer shall pay the 29 agent in accordance with sub-sub-subparagraph (I). 30 b. Any credit or exemption from regular assessments 31 adopted under this subparagraph shall last no longer than the 33 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 3 years following the cancellation or expiration of the policy 2 by the corporation. With the approval of the office, the board 3 may extend such credits for an additional year if the insurer 4 guarantees an additional year of renewability for all policies 5 removed from the corporation, or for 2 additional years if the 6 insurer guarantees 2 additional years of renewability for all 7 policies so removed. 8 c. There shall be no credit, limitation, exemption, or 9 deferment from emergency assessments to be collected from 10 policyholders pursuant to sub-subparagraph (b)3.d. 11 4. The plan shall provide for the deferment, in whole 12 or in part, of the assessment of an assessable insurer, other 13 than an emergency assessment collected from policyholders 14 pursuant to sub-subparagraph (b)3.d., if the office finds that 15 payment of the assessment would endanger or impair the 16 solvency of the insurer. In the event an assessment against an 17 assessable insurer is deferred in whole or in part, the amount 18 by which such assessment is deferred may be assessed against 19 the other assessable insurers in a manner consistent with the 20 basis for assessments set forth in paragraph (b). 21 Section 8. Section 627.40951, Florida Statutes, is 22 created to read: 23 627.40951 Standard personal lines residential 24 insurance policy.-- 25 (1) The Legislature finds that many consumers who 26 filed property loss claims as a result of the hurricanes that 27 struck this state in 2004 were inadequately insured due to the 28 difficulty consumers encounter in trying to understand the 29 complex nature of property insurance policies. The purpose and 30 intent of this section is to have property and casualty 31 insurers offer standard personal lines residential property 34 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 insurance policies and standard checklists of policy contents, 2 in accordance with s. 627.4143, to consumers and to ensure 3 that these policies and checklists are written in a simple 4 format with easily readable language that will enable most 5 consumers to understand the principal benefits and coverage 6 provided in the policy; the principal exclusions and 7 limitations or reductions contained in the policy, including, 8 but not limited to, deductibles, coinsurance, and any other 9 limitations or reductions; and any additional coverage 10 provided through any rider or endorsement that accompanies the 11 policy and renewal or cancellation provisions. 12 (2) The Chief Financial Officer shall appoint an 13 advisory committee composed of two representatives of insurers 14 currently selling personal lines residential property 15 insurance coverage, two representatives of property and 16 casualty agents, two representatives of consumers, two 17 representatives of the Commissioner of Insurance Regulation, 18 and the Insurance Consumer Advocate or her or his designee. 19 The Chief Financial Officer or her or his designee shall serve 20 as chair of the committee. The committee shall develop policy 21 language for coverage that represents general industry 22 standards in the market for comprehensive coverage under 23 personal lines residential insurance policies and shall 24 develop a checklist to be used with each type of personal 25 lines residential property insurance policy. The committee 26 shall review policies and related forms written by Insurance 27 Services Office, Inc. The committee shall file a report 28 containing its recommendations to the office by January 1, 29 2006. 30 (3) If the Commissioner of Insurance Regulation 31 accepts the recommendations of the committee, the commissioner 35 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 shall issue an order approving standard personal lines 2 residential insurance policies and a checklist for each type 3 of personal lines residential insurance policy. 4 (4) Within 12 months after the effective date of the 5 order, each insurer offering similar coverage shall offer the 6 standard plan in addition to other products it is authorized 7 to offer. This does not preclude insurers from underwriting 8 risks to determine eligibility of an applicant in accordance 9 with the insurer's underwriting guidelines. 10 (5) After approval of the standard policies, the 11 commissioner may make modifications to a policy which he or 12 she finds appropriate as market conditions change and loss 13 experience is determined for standard policies that have been 14 issued. The commissioner may determine that modifications are 15 necessary if he or she finds that any of the standard policies 16 are providing coverage that is significantly different than 17 what the market has available. Modifications shall be made by 18 order of the commissioner. 19 (6) The Financial Services Commission may adopt rules 20 to administer this section. 21 (7) For purposes of this section, personal lines 22 residential property insurance includes homeowners', dwelling, 23 and condominium unit owners' insurance. 24 Section 9. Subsection (1) of section 627.411, Florida 25 Statutes, is amended to read: 26 627.411 Grounds for disapproval.-- 27 (1) The office shall disapprove any form filed under 28 s. 627.410, or withdraw any previous approval thereof, only if 29 the form: 30 (a) Is in any respect in violation of, or does not 31 comply with, this code. 36 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 (b) Contains or incorporates by reference, where such 2 incorporation is otherwise permissible, any inconsistent, 3 ambiguous, or misleading clauses, or exceptions and conditions 4 which deceptively affect the risk purported to be assumed in 5 the general coverage of the contract. 6 (c) Has any title, heading, or other indication of its 7 provisions which is misleading. 8 (d) Is printed or otherwise reproduced in such manner 9 as to render any material provision of the form substantially 10 illegible. 11 (e) Contains provisions that are unfair or inequitable 12 or contrary to the public policy of this state or that 13 encourage misrepresentation. 14 (f)(e) Is for health insurance, and: 15 1. Provides benefits that are unreasonable in relation 16 to the premium charged; or 17 2. Contains provisions that are unfair or inequitable 18 or contrary to the public policy of this state or that 19 encourage misrepresentation; 20 2.3. Contains provisions that apply rating practices 21 that result in unfair discrimination pursuant to s. 22 626.9541(1)(g)2. 23 (g)(f) Excludes coverage for human immunodeficiency 24 virus infection or acquired immune deficiency syndrome or 25 contains limitations in the benefits payable, or in the terms 26 or conditions of such contract, for human immunodeficiency 27 virus infection or acquired immune deficiency syndrome which 28 are different than those which apply to any other sickness or 29 medical condition. 30 Section 10. Effective January 1, 2006, subsection 31 627.4143, Florida Statutes, is amended to read: 37 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 627.4143 Outline of coverage.-- 2 (1) No private passenger automobile or basic 3 homeowner's policy shall be delivered or issued for delivery 4 in this state unless an appropriate outline of coverage has 5 been delivered prior to issuance of the policy or accompanies 6 the policy when issued. 7 (2) The outline of coverage for a private passenger 8 motor vehicle insurance policy shall contain all of the 9 following: 10 (a) A brief description of the principal benefits and 11 coverage provided in the policy, broken down by each class or 12 type of coverage provided under the policy for which a premium 13 is charged, and itemization of the applicable premium. 14 (b) A summary statement of the principal exclusions 15 and limitations or reductions contained in the policy by class 16 or type, including, but not limited to, deductibles, 17 coinsurance, and any other limitations or reductions. 18 (c) A summary statement of any renewal or cancellation 19 provisions. 20 (d) A description of the credit or surcharge plan that 21 is being applied. The description may display numerical or 22 alphabetical codes on the declarations page or premium notice 23 to enable the insured to determine the reason or reasons why 24 her or his policy is being surcharged or is receiving a 25 credit. 26 (e) A list of any additional coverage provided through 27 any rider or endorsement which accompanies the policy. The 28 list shall contain a descriptive reference to each additional 29 coverage, rather than solely a reference to a form or code 30 number. 31 (f) For a private passenger motor vehicle insurance 38 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 policy, The extent of coverage provided to the insured in the 2 event of collision damage to a rental vehicle rented by the 3 insured. The proof-of-insurance card required by s. 316.646 4 must also specify whether rental car coverage is provided, and 5 may refer to the outline of coverage as to the details or 6 extent of coverage. 7 (3) A basic homeowners', mobile homeowners', dwelling, 8 or condominium unit owners' policy may not be delivered or 9 issued for delivery in this state unless a checklist of 10 coverage and an appropriate outline of coverage have been 11 delivered prior to issuance of the policy or accompanies the 12 policy when issued. Insurers must use the checklists developed 13 pursuant to s. 627.40951. 14 (a) The checklist must contain a list of the standard 15 provisions and elements that may typically be included in 16 these policies, whether or not they are included in the 17 particular policy being issued, in a format that allows the 18 insurer to place a check mark next to the provisions elements 19 that are included so that the consumer can see both what is 20 included and what is not included in the policy. Limits of 21 liability shall be listed for each item. The checklist must 22 include, but is not limited to, the following: 23 1. Covered real property. Items for this category 24 shall be broader than simply listing "dwelling." It shall 25 include references to specific property in the category of 26 attached and unattached structures that may be covered in a 27 typical policy. It shall include references to whether 28 coverage for damaged property is based on replacement cost 29 coverage or actual cash value coverage. 30 2. Primary exclusions from real property coverage 31 shall be listed after the real property coverage items. 39 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 3. Personal property coverage. 2 4. Primary exclusions from personal property coverage 3 items shall be listed after the personal property coverage. 4 5. Personal liability coverage. 5 6. Primary exclusions from personal liability coverage 6 shall be listed after the personal liability coverage items. 7 7. Medical payments coverage. 8 8. Primary discounts that are available. 9 9. Hurricane deductibles that are available. The 10 notice to consumers set forth in s. 627.701(3)(c) shall be set 11 forth immediately following the list of deductibles. 12 10. References to specific additional property 13 coverage that may be provided through any rider or 14 endorsement. This shall include building ordinance or law 15 coverage, personal injury endorsements, motor vehicle 16 endorsements, jewelry, furs, and communication property 17 endorsements, home business endorsements, and replacement cost 18 endorsement for contents. 19 11. Covered perils. 20 12. Excluded perils. 21 (b) The outline of coverage must contain: 22 1. A brief description of the principal benefits and 23 coverage provided in the policy, broken down by each class or 24 type of coverage provided under the policy for which a premium 25 is charged, and itemization of the applicable premium. 26 2. A summary statement of the principal exclusions and 27 limitations or reductions contained in the policy by class or 28 type, including, but not limited to, deductibles, coinsurance, 29 and any other limitations or reductions. 30 3. A summary statement of any renewal or cancellation 31 provisions. 40 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 4. A description of the credit or surcharge plan that 2 is being applied. The description may display numerical or 3 alphabetical codes on the declarations page or premium notice 4 to enable the insured to determine the reason or reasons why 5 her or his policy is being surcharged or is receiving a 6 credit. 7 5. A summary of any additional coverage provided 8 through any rider or endorsement that accompanies the policy. 9 (4)(3) The outline of coverage for a private passenger 10 motor vehicle policy is required only on the initial policy 11 issued by an insurer. The outline of coverage and the 12 checklist for a basic homeowners', mobile homeowners', 13 dwelling, or condominium unit owners' policy is required on 14 the initial policy and each renewal thereof issued by an 15 insurer. 16 (5)(4) An insurer must insert the following language 17 on the outline of coverage: 18 19 "The following outline of coverage or checklist is for 20 informational purposes only. Florida law prohibits this 21 outline or checklist from changing any of the provisions of 22 the insurance contract which is the subject of this outline. 23 Any endorsement regarding changes in types of coverage, 24 exclusions, limitations, reductions, deductibles, coinsurance, 25 renewal provisions, cancellation provisions, surcharges, or 26 credits will be sent separately." 27 28 (6)(5) Neither this section nor the outline of 29 coverage or checklist mandated by this section alters or 30 modifies the terms of the insurance contract, creates a cause 31 of action, or is admissible in any civil action. 41 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 Section 11. Effective January 1, 2006, subsections 2 (3), (8), and (9) of section 627.701, Florida Statutes, as 3 amended by section 4 of chapter 2004-480, Laws of Florida, are 4 amended to read: 5 627.701 Liability of insureds; coinsurance; 6 deductibles.-- 7 (3)(a) A policy of residential property insurance 8 shall include a deductible amount applicable to hurricane or 9 wind losses no lower than $500 and no higher than 2 percent of 10 the policy dwelling limits with respect to personal lines 11 residential risks, and no higher than 3 percent of the policy 12 limits with respect to commercial lines residential risks; 13 however, if a risk was covered on August 24, 1992, under a 14 policy having a higher deductible than the deductibles allowed 15 by this paragraph, a policy covering such risk may include a 16 deductible no higher than the deductible in effect on August 17 24, 1992. Notwithstanding the other provisions of this 18 paragraph, a personal lines residential policy covering a risk 19 valued at $50,000 or less may include a deductible amount 20 attributable to hurricane or wind losses no lower than $250, 21 and a personal lines residential policy covering a risk valued 22 at $100,000 or more may include a deductible amount 23 attributable to hurricane or wind losses no higher than 10 5 24 percent of the policy limits unless subject to a higher 25 deductible on August 24, 1992; however, no maximum deductible 26 is required with respect to a personal lines residential 27 policy covering a risk valued at more than $500,000. An 28 insurer may require a higher deductible, provided such 29 deductible is the same as or similar to a deductible program 30 lawfully in effect on June 14, 1995. In addition to the 31 deductible amounts authorized by this paragraph, an insurer 42 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 may also offer policies with a copayment provision under 2 which, after exhaustion of the deductible, the policyholder is 3 responsible for 10 percent of the next $10,000 of insured 4 hurricane or wind losses. 5 (b)1. Except as otherwise provided in this paragraph, 6 prior to issuing a personal lines residential property 7 insurance policy on or after January 1, 2006 April 1, 1996, or 8 prior to the first renewal of a residential property insurance 9 policy on or after January 1, 2006 April 1, 1996, the insurer 10 must offer alternative deductible amounts applicable to 11 hurricane or wind losses equal to $500, 1 percent, and 2 12 percent, 5 percent, and 10 percent of the policy dwelling 13 limits, unless the specific percentage 2 percent deductible is 14 less than $500. The written notice of the offer shall specify 15 the hurricane or wind deductible to be applied in the event 16 that the applicant or policyholder fails to affirmatively 17 choose a hurricane deductible. The insurer must provide such 18 policyholder with notice of the availability of the deductible 19 amounts specified in this paragraph in a form approved by the 20 office in conjunction with each renewal of the policy. The 21 failure to provide such notice constitutes a violation of this 22 code but does not affect the coverage provided under the 23 policy. 24 2. This paragraph does not apply with respect to a 25 deductible program lawfully in effect on June 14, 1995, or to 26 any similar deductible program, if the deductible program 27 requires a minimum deductible amount of no less than 2 percent 28 of the policy limits. 29 2.3. With respect to a policy covering a risk with 30 dwelling limits of at least $100,000, but less than $250,000, 31 the insurer may, in lieu of offering a policy with a $500 43 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 hurricane or wind deductible as required by subparagraph 1., 2 offer a policy that the insurer guarantees it will not 3 nonrenew for reasons of reducing hurricane loss for one 4 renewal period and that contains up to a 2 percent hurricane 5 or wind deductible as required by subparagraph 1. 6 3.4. With respect to a policy covering a risk with 7 dwelling limits of $250,000 or more, the insurer need not 8 offer the $500 hurricane or wind deductible as required by 9 subparagraph 1., but must, except as otherwise provided in 10 this subsection, offer the other 2 percent hurricane 11 deductibles or wind deductible as required by subparagraph 1. 12 (c) Before issuing a personal lines residential 13 property insurance policy and before each renewal thereof, an 14 insurer must provide each policyholder and applicant with a 15 notice of the availability of the deductible amounts that 16 insurers are required to offer and any other deductible that 17 the insurer chooses to offer which is not prohibited by this 18 section. The notice shall be on a form approved by the office. 19 The form shall fully advise the policyholder or applicant of 20 the nature of the deductible, including the fact that higher 21 deductibles result in lower premiums but will also result in 22 higher out-of-pocket expenses to the policyholder in the event 23 of a hurricane damage claim. For each percentage deductible 24 available to the policyholder or applicant, the form shall 25 include the dollar amount of the deduction which will result 26 from application of the percentage deductible. The heading of 27 the form shall be in 12-point bold type and shall state: "You 28 are required by Florida law to choose a deductible that will 29 apply to any claims that you may have with your insurer as a 30 result of damage to your residence by a hurricane. This form 31 explains the deductible options that your insurer is required 44 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 or permitted to offer to you. Please read carefully." If this 2 form is signed by the named insured, it will be conclusively 3 presumed that there was an informed, knowing selection of the 4 amount of the deductible. Such notice shall provide for a 5 means to allow the policyholder or applicant to select the 6 deductible. The failure to provide such notice constitutes a 7 violation of this code but does not affect the coverage 8 provided under the policy. 9 (c) In order to provide for the transition from wind 10 deductibles to hurricane deductibles as required by this 11 subsection, an insurer is required to provide wind deductibles 12 meeting the requirements of this subsection until the 13 effective date of the insurer's first rate filing made after 14 January 1, 1997, and is thereafter required to provide 15 hurricane deductibles meeting the requirements of this 16 subsection. 17 (8)(a) The Legislature finds that property insurance 18 coverage has become unaffordable for a significant number of 19 mobile home owners, as evidenced by reports that up to 100,000 20 mobile home owners have terminated their insurance coverage 21 because they cannot afford to pay approved rates charged in 22 the voluntary or residual markets. The Legislature further 23 finds that additional flexibility in available coverages will 24 enable mobile home owners to obtain affordable insurance and 25 increase capacity. 26 (b) Notwithstanding the provisions of subsection (3), 27 with respect to mobile home policies: 28 1. The deductible for hurricane coverage may not 29 exceed 10 percent of the property value if the property is not 30 subject to any liens and may not exceed 5 percent of the 31 property value if the property is subject to any liens. 45 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 2. The insurer need not make the offers required by 2 paragraph (3)(b). 3 (8)(9) Notwithstanding the other provisions of this 4 section or of other law, but only as to hurricane coverage as 5 defined in s. 627.4025 for commercial lines residential 6 coverages, an insurer may offer a deductible in an amount not 7 exceeding 5 percent of the insured value with respect to a 8 condominium association or cooperative association policy, or 9 in an amount not exceeding 10 percent of the insured value 10 with respect to any other commercial lines residential policy, 11 if, at the time of such offer and at each renewal, the insurer 12 also offers to the policyholder a deductible in the amount of 13 3 percent of the insured value. Nothing in this subsection 14 prohibits any deductible otherwise authorized by this section. 15 All forms by which the offers authorized in this subsection 16 are made or required to be made shall be on forms that are 17 adopted or approved by the commission or office. 18 Section 12. Effective October 1, 2006, section 19 627.7011, Florida Statutes, is amended to read: 20 627.7011 Homeowners' policies; offer of replacement 21 cost coverage and law and ordinance coverage.-- 22 (1) An Prior to issuing a homeowner's insurance policy 23 on or after June 1, 1994, or prior to the first renewal of a 24 homeowner's insurance policy on or after June 1, 1994, the 25 insurer must offer each of the following: 26 (a) A policy or endorsement providing that any loss 27 which is repaired or replaced will be adjusted on the basis of 28 replacement costs not exceeding policy limits as to the 29 dwelling, rather than actual cash value, but not including 30 costs necessary to meet applicable laws regulating the 31 construction, use, or repair of any property or requiring the 46 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 tearing down of any property, including the costs of removing 2 debris. 3 (b) A policy or endorsement providing that, subject to 4 other policy provisions, any loss which is repaired or 5 replaced at any location will be adjusted on the basis of 6 replacement costs not exceeding policy limits as to the 7 dwelling, rather than actual cash value, and also including 8 costs necessary to meet applicable laws regulating the 9 construction, use, or repair of any property or requiring the 10 tearing down of any property, including the costs of removing 11 debris; however, such additional costs necessary to meet 12 applicable laws may be limited to 25 percent of the dwelling 13 limit, and such coverage shall apply only to repairs of the 14 damaged portion of the structure unless the total damage to 15 the structure exceeds 50 percent of the replacement cost of 16 the structure. 17 18 An insurer is not required to make the offers required by this 19 subsection with respect to the issuance or renewal of a 20 homeowner's policy that contains the provisions specified in 21 paragraph (b). This subsection does not prohibit the offer of 22 a guaranteed replacement cost policy. 23 (2) Unless the insurer obtains the policyholder's 24 written refusal of the policies or endorsements specified in 25 subsection (1), any policy covering the dwelling is deemed to 26 include the coverage specified in paragraph (1)(b). The 27 rejection or selection of alternative coverage shall be made 28 on a form approved by the office. The form shall fully advise 29 the applicant of the nature of the coverage being rejected. If 30 this form is signed by a named insured, it will be 31 conclusively presumed that there was an informed, knowing 47 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 rejection of the coverage or election of the alternative 2 coverage on behalf of all insureds. Unless the policyholder 3 requests in writing the coverage specified in this section, it 4 need not be provided in or supplemental to any other policy 5 that renews, insures, extends, changes, supersedes, or 6 replaces an existing policy when the policyholder has rejected 7 the coverage specified in this section or has selected 8 alternative coverage. The insurer must provide such 9 policyholder with notice of the availability of such coverage 10 in a form approved by the office at least once every 3 years. 11 The failure to provide such notice constitutes a violation of 12 this code, but does not affect the coverage provided under the 13 policy. 14 (3) In the event of a loss for which a dwelling or 15 personal property is insured on the basis of replacement 16 costs, the insurer shall pay the replacement cost without 17 reservation or holdback of any depreciation in value, whether 18 or not the insured replaces or repairs the dwelling or 19 property. 20 (4)(3) Nothing in this section shall be construed to 21 apply to policies not considered to be "homeowners' policies," 22 as that term is commonly understood in the insurance industry. 23 This section specifically does not apply to mobile home 24 policies. Nothing in this section shall be construed as 25 limiting the ability of any insurer to reject or nonrenew any 26 insured or applicant on the grounds that the structure does 27 not meet underwriting criteria applicable to replacement cost 28 or law and ordinance policies or for other lawful reasons. 29 Section 13. Effective July 1, 2005, subsections (1) 30 and (7) of section 627.7015, Florida Statutes, are amended, 31 and subsection (2) of that section is republished, to read: 48 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 627.7015 Alternative procedure for resolution of 2 disputed property insurance claims.-- 3 (1) PURPOSE AND SCOPE.--This section sets forth a 4 nonadversarial alternative dispute resolution procedure for a 5 mediated claim resolution conference prompted by the need for 6 effective, fair, and timely handling of property insurance 7 claims. There is a particular need for an informal, 8 nonthreatening forum for helping parties who elect this 9 procedure to resolve their claims disputes because most 10 homeowner's and commercial insurance policies obligate 11 insureds to participate in a potentially expensive and 12 time-consuming adversarial appraisal process prior to 13 litigation. The procedure set forth in this section is 14 designed to bring the parties together for a mediated claims 15 settlement conference without any of the trappings or 16 drawbacks of an adversarial process. Before resorting to these 17 procedures, insureds and insurers are encouraged to resolve 18 claims as quickly and fairly as possible. This section is 19 available with respect to claims under personal lines and 20 commercial policies for all claimants and insurers prior to 21 commencing the appraisal process, or commencing litigation. If 22 requested by the insured, participation by legal counsel shall 23 be permitted. Mediation under this section is also available 24 to litigants referred to the department by a county court or 25 circuit court. This section does not apply to commercial 26 coverages, to private passenger motor vehicle insurance 27 coverages, or to disputes relating to liability coverages in 28 policies of property insurance. 29 (2) At the time a first-party claim within the scope 30 of this section is filed, the insurer shall notify all 31 first-party claimants of their right to participate in the 49 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 mediation program under this section. The department shall 2 prepare a consumer information pamphlet for distribution to 3 persons participating in mediation under this section. 4 (7) If the insurer fails to comply with the 5 requirements of subsection (2) by failing to notify a 6 first-party claimant of his or her right to participate in the 7 mediation program under this section, or if the insurer 8 requests the mediation, and the mediation results are rejected 9 by either party, the insured shall not be required to submit 10 to or participate in any contractual loss appraisal process of 11 the property loss damage as a precondition to legal action for 12 breach of contract against the insurer for its failure to pay 13 the policyholder's claims covered by the policy. 14 Section 14. Subsection (1) of section 627.702, Florida 15 Statutes, is amended to read: 16 627.702 Valued policy law.-- 17 (1)(a) In the event of the total loss of any building, 18 structure, mobile home as defined in s. 320.01(2), or 19 manufactured building as defined in s. 553.36(12), located in 20 this state and insured by any insurer as to a covered peril, 21 in the absence of any change increasing the risk without the 22 insurer's consent and in the absence of fraudulent or criminal 23 fault on the part of the insured or one acting in her or his 24 behalf, the insurer's liability, if any, under the policy for 25 such total loss shall be in the amount of money for which such 26 property was so insured as specified in the policy and for 27 which a premium has been charged and paid. 28 (b) The legislative intent of this subsection is not 29 to require an insurer to pay for a loss caused by a peril 30 other than the covered peril. In furtherance of such 31 legislative intent, when a loss was caused in part by a 50 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 covered peril and in part by a noncovered peril, the insurer's 2 liability under this section is limited to the amount of the 3 loss caused by the covered peril. 4 Section 15. Effective October 1, 2005, and applicable 5 to policies issued or renewed on or after that date, section 6 627.711, Florida Statutes, is created to read: 7 627.711 Notice of premium discounts for hurricane loss 8 mitigation.--Before issuing a personal lines residential 9 property insurance policy and as part of each premium renewal 10 notice, the insurer shall provide written notice to the 11 applicant or policyholder, on a form approved by the office, 12 of the availability and amount of the premium discounts and 13 credits for fixtures and construction techniques that reduce 14 the amount of loss in a windstorm, as required by s. 15 627.0629(1). The notice must clearly inform the applicant or 16 policyholder as to what the policyholder must do to qualify 17 for such credits or discounts. The commission may adopt rules 18 to administer this section. 19 Section 16. Section 627.712, Florida Statutes, is 20 created to read: 21 627.712 Timely payment of claims.-- 22 (1) An insurer shall, within 30 days after receipt of 23 a claim under a property insurance policy: 24 (a) Pay that portion of the claim for which the 25 policyholder has submitted all information that is required 26 for payment under the terms of the policy; 27 (b) Provide a written denial to the policyholder for 28 that portion of a claim which the insurer determines is not 29 covered under the policy, including the specific reasons; and 30 (c) Specify, in writing, the additional information 31 that the policyholder must submit to the insurer in order for 51 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 any remaining amount of the claim to be paid. 2 (2) Within 30 days after receipt of the additional 3 information specified in paragraph (1)(c), the insurer shall 4 either pay or deny the claim as specified in paragraph (1)(a) 5 or paragraph (1)(b). 6 (3) Payment shall be considered made on the date a 7 check or other valid payment instrument is placed in the 8 United States mail in a properly addressed, postpaid envelope, 9 or if not so posted, on the date of delivery. 10 (4) All overdue payments shall bear simple interest at 11 the rate of 10 percent per year. 12 Section 17. The Office of the Auditor General shall 13 conduct an operational audit of Citizens Property Insurance 14 Corporation regarding its customer service, claims handling, 15 accessibility of policyholder information to the agent of 16 record, take-out programs, and financing arrangements, 17 including recommendations for legislative changes related to 18 the findings of the audit. 19 Section 18. Section 627.3511, Florida Statutes, is 20 repealed. 21 Section 19. The amendment to section 627.702, Florida 22 Statutes, contained in this act is remedial in nature and 23 intended to clarify the intent of that section. 24 Section 20. The sum of $350,000 is appropriated from 25 the Insurance Regulatory Trust Fund and four additional 26 full-time equivalent positions are authorized in the Office of 27 the Consumer Advocate within the Department of Financial 28 Services for the 2005-2006 fiscal year. 29 Section 21. Except as otherwise expressly provided in 30 this act, this act shall take effect upon becoming a law. 31 52 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to property insurance; amending 8 s. 215.555, F.S.; revising the retention of 9 losses for which an insurer is not entitled to 10 reimbursement from the Florida Hurricane 11 Catastrophe Fund; amending s. 215.559, F.S.; 12 revising the allocation of funds appropriated 13 to the Department of Community Affairs from the 14 Florida Hurricane Catastrophe Fund for the 15 Hurricane Loss Mitigation Program; requiring 16 that the department establish a low-interest 17 loan program for hurricane loss mitigation; 18 authorizing contractual agreements between the 19 department and financial institutions, subject 20 to approval by the Office of Financial 21 Regulation; amending s. 627.062, F.S.; 22 requiring the Financial Services Commission to 23 adopt rules establishing uniform rating 24 territories to be used by insurers for 25 residential property insurance rate filings; 26 limiting the recoupment by an insurer in its 27 rates of the reimbursement premium it pays to 28 the Florida Hurricane Catastrophe Fund; 29 repealing provisions allowing an insurer to 30 submit a rate filing to an arbitration panel; 31 amending s. 627.0628, F.S.; restricting the 53 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 admissibility and relevance in rate proceedings 2 of findings of the Florida Commission on 3 Hurricane Loss Projection Methodology; amending 4 s. 627.0629, F.S.; lowering the percentage 5 amount of a rate filing based on a computer 6 model which requires a public hearing; creating 7 s. 627.06291, F.S.; requiring residential 8 property insurance and rating and advisory 9 organizations to report hurricane loss data for 10 development of a public hurricane model; 11 amending s. 627.351, F.S.; limiting the 12 coverage limits for dwellings insured by 13 Citizens Property Insurance Corporation; 14 revising the appointments to the board and the 15 approval of officers and employees of the 16 corporation; specifying the level of 17 reinsurance that the board of the corporation 18 should make its best efforts to procure; 19 revising the criteria and standards for 20 establishing the rates charged for coverage by 21 the corporation; eliminating the corporation's 22 authority to pay take-out bonuses to insurers; 23 creating s. 627.40951, F.S.; providing 24 legislative findings and intent; providing for 25 an advisory committee; providing for 26 membership; providing authority for the Office 27 of Insurance Regulation to require standard 28 residential property insurance policies; 29 amending s. 627.411, F.S.; adding grounds for 30 which the Office of Insurance Regulation must 31 disapprove a form filed by an insurer; amending 54 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 s. 627.4143, F.S.; requiring insurers to 2 provide personal lines property insurance 3 policyholders with a checklist of items 4 contained in policies; prescribing elements to 5 be contained in the checklist; requiring the 6 checklist and outline of insurance coverage to 7 be sent with each renewal; clarifying that 8 homeowners' insurance includes mobile 9 homeowners', dwelling, and condominium unit 10 owners' insurance for purposes of the outline 11 of coverage; amending s. 627.701, F.S.; 12 increasing the maximum allowable hurricane 13 deductible for personal lines and certain 14 commercial lines residential policies; 15 requiring insurers to offer specified hurricane 16 deductibles for such policies; requiring 17 insurers to provide written notice explaining 18 hurricane deductible options for such policies; 19 amending s. 627.7011, F.S.; requiring insurers 20 to pay the replacement cost for a loss insured 21 on that basis, whether or not the insured 22 replaces or repairs the dwelling or property; 23 amending s. 627.7015, F.S.; including 24 commercial policies within the mediation 25 procedures for resolution of disputed property 26 insurance claims; providing a penalty for an 27 insurer that fails to notify a claimant of the 28 availability of the mediation program; amending 29 s. 627.702, F.S.; providing legislative intent 30 regarding the requirement that an insurer pay 31 policy limits if there is a total loss of a 55 11:26 AM 03/21/05 s1488c-bi40-t02
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1488 Barcode 160040 1 building; creating s. 627.711, F.S.; requiring 2 insurers to provide written notice to 3 applicants and policyholders of the amount of 4 the premium discounts and credits for fixtures 5 and construction techniques that reduce the 6 amount of windstorm loss; authorizing the 7 Financial Services Commission to adopt rules; 8 creating s. 627.712, F.S.; requiring property 9 insurers to pay or deny claims within certain 10 time periods; providing that overdue payments 11 bear interest; requiring the Office of the 12 Auditor General to conduct an operational audit 13 of Citizens Property Insurance Corporation; 14 repealing s. 627.3511, F.S., relating to 15 payment of take-out bonuses and other financial 16 incentives to insurers taking policies out of 17 Citizens Property Insurance Corporation; 18 providing that the amendment to s. 627.702, 19 F.S., is intended to be remedial and clarifying 20 in nature; providing appropriations; providing 21 effective dates. 22 23 24 25 26 27 28 29 30 31 56 11:26 AM 03/21/05 s1488c-bi40-t02