Florida Senate - 2005                      COMMITTEE AMENDMENT
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                            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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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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:
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 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
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 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.
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 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
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 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
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 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
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 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
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 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
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 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.
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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.
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 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:
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 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
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 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.
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 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.
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 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.
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 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
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 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
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 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
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 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.
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 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
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 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
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 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:
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 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
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 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
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 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
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 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  
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 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
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 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
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 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
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 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  
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