Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1980
                        Barcode 754398
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/04/2006 05:59 PM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 101, line 20, through
15            page 122, line 2, delete those lines
16  
17  and insert:  
18         Section 20.  Section 627.7072, Florida Statutes, is
19  amended to read:
20         627.7072  Testing standards for sinkholes.--
21         (1)  The professional engineer or and professional
22  geologist shall perform such tests as sufficient, in their
23  professional opinion, to determine the presence or absence of
24  sinkhole loss or other cause of damage within reasonable
25  professional probability and for the professional engineer to
26  make recommendations regarding necessary building
27  stabilization and foundation repair.
28         (2)  Testing by a professional geologist shall be
29  conducted in compliance with the Florida Geological Survey
30  Special Publication No. 57 (2005).
31         Section 21.  Subsections (1) and (2) of section
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    12:45 PM   05/01/06                            s1980c2c-11-t01

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 627.7073, Florida Statutes, are amended to read: 2 627.7073 Sinkhole reports.-- 3 (1) Upon completion of testing as provided in s. 4 627.7072, the professional engineer or and professional 5 geologist shall issue a report and certification to the 6 insurer and the policyholder as provided in this section. 7 (a) Sinkhole loss is verified if, based upon tests 8 performed in accordance with s. 627.7072, a professional an 9 engineer or and a professional geologist issue a written 10 report and certification stating: 11 1. That the cause of the actual physical and 12 structural damage is sinkhole activity within a reasonable 13 professional probability. 14 2. That the analyses conducted were of sufficient 15 scope to identify sinkhole activity as the cause of damage 16 within a reasonable professional probability. 17 3. A description of the tests performed. 18 4. A recommendation by the professional engineer of 19 methods for stabilizing the land and building and for making 20 repairs to the foundation. 21 (b) If sinkhole activity is eliminated as the cause of 22 damage to the structure, the professional engineer or and 23 professional geologist shall issue a written report and 24 certification to the policyholder and the insurer stating: 25 1. That the cause of the damage is not sinkhole 26 activity within a reasonable professional probability. 27 2. That the analyses and tests conducted were of 28 sufficient scope to eliminate sinkhole activity as the cause 29 of damage within a reasonable professional probability. 30 3. A statement of the cause of the damage within a 31 reasonable professional probability. 2 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 4. A description of the tests performed. 2 (c) The respective findings, opinions, and 3 recommendations of the professional engineer or and 4 professional geologist as to the cause of distress to the 5 property verification or elimination of a sinkhole loss and 6 the findings, opinions, and recommendations of the 7 professional engineer as to land and building stabilization 8 and foundation repair shall be presumed correct. 9 (2) Any insurer that has paid a claim for a sinkhole 10 loss shall file a copy of the report and certification, 11 prepared pursuant to subsection (1), with the county clerk of 12 court property appraiser, who shall record the report and 13 certification with the parcel number. The insurer shall bear 14 the cost of filing and recording the report and certification. 15 There shall be no cause of action or liability against an 16 insurer for compliance with this section. The seller of real 17 property upon which a sinkhole claim has been made shall 18 disclose to the buyer of such property that a claim has been 19 paid and whether or not the full amount of the proceeds were 20 used to repair the sinkhole damage. 21 Section 22. Effective October 1, 2006, section 22 627.7074, Florida Statutes, is created to read: 23 627.7074 Alternative procedure for resolution of 24 disputed sinkhole insurance claims.-- 25 (1) As used in this section, the term: 26 (a) "Neutral evaluation" means the alternative dispute 27 resolution provided for in this section. 28 (b) "Neutral evaluator" means a professional engineer 29 or a professional geologist who has completed a course of 30 study in alternative dispute resolution designed or approved 31 by the department for use in the neutral evaluation process, 3 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 who is determined to be fair and impartial. 2 (2)(a) The department shall certify and maintain a 3 list of persons who are neutral evaluators. 4 (b) The department shall prepare a consumer 5 information pamphlet for distribution by insurers to 6 policyholders which clearly describes the neutral evaluation 7 process and includes information and forms necessary for the 8 policyholder to request a neutral evaluation. 9 (3) Following the receipt of the report provided under 10 s. 627.7073 or the denial of a claim for a sinkhole loss, the 11 insurer shall notify the policyholder of his or her right to 12 participate in the neutral evaluation program under this 13 section. Neutral evaluation supersedes the alternative dispute 14 resolution process under s. 627.7015. The insurer shall 15 provide to the policyholder the consumer information pamphlet 16 prepared by the department pursuant to paragraph (2)(b). 17 (4) Neutral evaluation is optional and nonbinding. 18 Either the policyholder or the insurer may decline to 19 participate. A request for neutral evaluation may be filed 20 with the department by the policyholder or the insurer on a 21 form approved by the department. The request for neutral 22 evaluation must state the reason for the request and must 23 include an explanation of all the issues in dispute at the 24 time of the request. Filing a request for neutral evaluation 25 tolls the applicable time requirements for filing suit for a 26 period of 60 days following the conclusion of the neutral 27 evaluation process or the time prescribed in s. 95.11, 28 whichever is later. 29 (5) Neutral evaluation shall be conducted as an 30 informal process in which formal rules of evidence and 31 procedure need not be observed. A party to neutral evaluation 4 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 is not required to attend neutral evaluation if a 2 representative of the party attends and has the authority to 3 make a binding decision on behalf of the party. All parties 4 shall participate in the evaluation in good faith. 5 (6) The insurer shall pay the costs associated with 6 the neutral evaluation. 7 (7) Upon receipt of a request for neutral evaluation, 8 the department shall refer the request to a neutral evaluator. 9 The neutral evaluator shall notify the policyholder and the 10 insurer of the date, time, and place of the neutral evaluation 11 conference. The conference may be held by telephone, if 12 feasible and desirable. The neutral evaluation conference 13 shall be held within 45 days after receipt of the request by 14 the department. 15 (8) The department shall adopt rules of procedure for 16 the neutral evaluation process. 17 (9) For policyholders not represented by an attorney, 18 a consumer affairs specialist of the department or an employee 19 designated as the primary contact for consumers on issues 20 relating to sinkholes under s. 20.121 shall be available for 21 consultation to the extent that he or she may lawfully do so. 22 (10) Evidence of an offer to settle a claim during the 23 neutral evaluation process, as well as any relevant conduct or 24 statements made in negotiations concerning the offer to settle 25 a claim, is inadmissible to prove liability or absence of 26 liability for the claim or its value, except as provided in 27 subsection (13). 28 (11) Any court proceeding related to the subject 29 matter of the neutral evaluation shall be stayed pending 30 completion of the neutral evaluation. 31 (12) For matters that are not resolved by the parties 5 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 at the conclusion of the neutral evaluation, the neutral 2 evaluator shall prepare a report stating that in his or her 3 opinion the sinkhole loss has been verified or eliminated and, 4 if verified, the need for and estimated costs of stabilizing 5 the land and any covered structures or buildings and other 6 appropriate remediation or structural repairs. The evaluator's 7 report shall be sent to all parties in attendance at the 8 neutral evaluation and to the department. 9 (13) The recommendation of the neutral evaluator is 10 not binding on any party, and the parties retain access to 11 courts. The neutral evaluator's written recommendation is 12 admissible in any subsequent action or proceeding relating to 13 the claim or to the cause of action giving rise to the claim 14 only for purposes of determining the award of attorney's fees. 15 (14) If the neutral evaluator first verifies the 16 existence of a sinkhole and, second, recommends the need for 17 and estimates costs of stabilizing the land and any covered 18 structures or buildings and other appropriate remediation or 19 structural repairs, which costs exceed the amount that the 20 insurer has offered to pay the policyholder, the insurer is 21 liable to the policyholder for up to $2,500 in attorney's fees 22 for the attorney's participation in the neutral evaluation 23 process. For purposes of this subsection, the term "offer to 24 pay" means a written offer signed by the insurer or its legal 25 representative and delivered to the policyholder within 10 26 days after the insurer receives notice that a request for 27 neutral evaluation has been made under this section. 28 (15) If the policyholder declines to participate in 29 neutral evaluation requested by the insurer or declines to 30 resolve the matter in accordance with the recommendation of 31 the neutral evaluator pursuant to this section, the insurer is 6 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 not liable for attorney's fees under s. 627.428 or other 2 provisions of the insurance code or for extra-contractual 3 damages related to a claim for a sinkhole loss. 4 Section 23. Subsection (5) of section 627.727, Florida 5 Statutes, is amended to read: 6 627.727 Motor vehicle insurance; uninsured and 7 underinsured vehicle coverage; insolvent insurer protection.-- 8 (5) Any person having a claim against an insolvent 9 insurer as defined in s. 631.54(6) s. 631.54(5) under the 10 provisions of this section shall present such claim for 11 payment to the Florida Insurance Guaranty Association only. In 12 the event of a payment to any person in settlement of a claim 13 arising under the provisions of this section, the association 14 is not subrogated or entitled to any recovery against the 15 claimant's insurer. The association, however, has the rights 16 of recovery as set forth in chapter 631 in the proceeds 17 recoverable from the assets of the insolvent insurer. 18 Section 24. Paragraph (f) is added to subsection (2) 19 of section 631.181, Florida Statutes, to read: 20 631.181 Filing and proof of claim.-- 21 (2) 22 (f) The signed statement required by this section 23 shall not be required on claims for which adequate claims file 24 documentation exists within the records of the insolvent 25 insurer. Claims for payment of unearned premium shall not be 26 required to use the signed statement required by this section 27 if the receiver certifies to the guaranty fund that the 28 records of the insolvent insurer are sufficient to determine 29 the amount of unearned premium owed to each policyholder of 30 the insurer and such information is remitted to the guaranty 31 fund by the receiver in electronic or other mutually 7 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 agreed-upon format. 2 Section 25. Subsection (3) of section 631.54, Florida 3 Statutes, is amended, present subsections (5), (6), (7), and 4 (8) of that section are renumbered as subsections (6), (7), 5 (8), and (9), respectively, and a new subsection (5) is added 6 to that section to read: 7 631.54 Definitions.--As used in this part: 8 (3) "Covered claim" means an unpaid claim, including 9 one of unearned premiums, which arises out of, and is within 10 the coverage, and not in excess of, the applicable limits of 11 an insurance policy to which this part applies, issued by an 12 insurer, if such insurer becomes an insolvent insurer and the 13 claimant or insured is a resident of this state at the time of 14 the insured event or the property from which the claim arises 15 is permanently located in this state. For entities other than 16 individuals, the residence of a claimant, insured, or 17 policyholder is the state in which the entity's principal 18 place of business is located at the time of the insured event. 19 "Covered claim" shall not include: 20 (a) Any amount due any reinsurer, insurer, insurance 21 pool, or underwriting association, sought directly or 22 indirectly through a third party, as subrogation, 23 contribution, indemnification, or otherwise; or 24 (b) Any claim that would otherwise be a covered claim 25 under this part that has been rejected by any other state 26 guaranty fund on the grounds that an insured's net worth is 27 greater than that allowed under that state's guaranty law. 28 Member insurers shall have no right of subrogation, 29 contribution, indemnification, or otherwise, sought directly 30 or indirectly through a third party, against the insured of 31 any insolvent member. 8 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 (5) "Homeowner's insurance" means personal lines 2 residential property insurance coverage that consists of the 3 type of coverage provided under homeowner's, dwelling, and 4 similar policies for repair or replacement of the insured 5 structure and contents, which policies are written directly to 6 the individual homeowner. Residential coverage for personal 7 lines as set forth in this section includes policies that 8 provide coverage for particular perils such as windstorm and 9 hurricane coverage but excludes all coverage for mobile homes, 10 renter's insurance, or tenant's coverage. The term 11 "homeowner's insurance" excludes commercial residential 12 policies covering condominium associations or homeowners' 13 associations, which associations have a responsibility to 14 provide insurance coverage on residential units within the 15 association, and also excludes coverage for the common 16 elements of a homeowners' association. 17 Section 26. Subsection (1) of section 631.55, Florida 18 Statutes, is amended to read: 19 631.55 Creation of the association.-- 20 (1) There is created a nonprofit corporation to be 21 known as the "Florida Insurance Guaranty Association, 22 Incorporated." All insurers defined as member insurers in s. 23 631.54(7) s. 631.54(6) shall be members of the association as 24 a condition of their authority to transact insurance in this 25 state, and, further, as a condition of such authority, an 26 insurer shall agree to reimburse the association for all claim 27 payments the association makes on said insurer's behalf if 28 such insurer is subsequently rehabilitated. The association 29 shall perform its functions under a plan of operation 30 established and approved under s. 631.58 and shall exercise 31 its powers through a board of directors established under s. 9 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 631.56. The corporation shall have all those powers granted or 2 permitted nonprofit corporations, as provided in chapter 617. 3 Section 27. Paragraph (a) of subsection (1), paragraph 4 (d) of subsection (2), and paragraph (a) of subsection (3) of 5 section 631.57, Florida Statutes, are amended, and paragraph 6 (e) is added to subsection (3) of that section, to read: 7 631.57 Powers and duties of the association.-- 8 (1) The association shall: 9 (a)1. Be obligated to the extent of the covered claims 10 existing: 11 a. Prior to adjudication of insolvency and arising 12 within 30 days after the determination of insolvency; 13 b. Before the policy expiration date if less than 30 14 days after the determination; or 15 c. Before the insured replaces the policy or causes 16 its cancellation, if she or he does so within 30 days of the 17 determination. 18 2. The obligation under subparagraph 1. includes only 19 the amount of each covered claim which is in excess of $100 20 and is less than $300,000, except that policies providing 21 coverage for homeowner's insurance shall provide for an 22 additional $200,000 for the portion of a covered claim which 23 relates only to the damage to the structure and contents. 24 3.a.2. Notwithstanding subparagraph 2., the obligation 25 under subparagraph 1. for shall include only that amount of 26 each covered claim which is in excess of $100 and is less than 27 $300,000, except with respect to policies covering condominium 28 associations or homeowners' associations, which associations 29 have a responsibility to provide insurance coverage on 30 residential units within the association, the obligation shall 31 include that amount of each covered property insurance claim 10 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 which is less than $100,000 multiplied by the number of 2 condominium units or other residential units; however, as to 3 homeowners' associations, this sub-subparagraph subparagraph 4 applies only to claims for damage or loss to residential units 5 and structures attached to residential units. 6 b. Notwithstanding sub-subparagraph a., the 7 association has no obligation to pay covered claims that are 8 to be paid from the proceeds of bonds issued under s. 631.695. 9 However, the association shall assign and pledge the first 10 available moneys from all or part of the assessments to be 11 made under paragraph (3)(a) to or on behalf of the issuer of 12 such bonds for the benefit of the holders of such bonds. The 13 association shall administer any such covered claims and 14 present valid covered claims for payment in accordance with 15 the provisions of the assistance program in connection with 16 which such bonds have been issued. 17 4.3. In no event shall the association be obligated to 18 a policyholder or claimant in an amount in excess of the 19 obligation of the insolvent insurer under the policy from 20 which the claim arises. 21 (2) The association may: 22 (d) Negotiate and become a party to such contracts as 23 are necessary to carry out the purpose of this part. 24 Additionally, the association may enter into such contracts 25 with a municipality, a county, or a legal entity created 26 pursuant to s. 163.01(7)(g) as are necessary in order for the 27 municipality, county, or legal entity to issue bonds under s. 28 631.695. In connection with the issuance of any such bonds and 29 the entering into of any such necessary contracts, the 30 association may agree to such terms and conditions as the 31 association deems necessary and proper. 11 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 (3)(a) To the extent necessary to secure the funds for 2 the respective accounts for the payment of covered claims, and 3 also to pay the reasonable costs to administer the same, and 4 to the extent necessary to secure the funds for the account 5 specified in s. 631.55(2)(c) or to retire indebtedness, 6 including, without limitation, the principal, redemption 7 premium, if any, and interest on, and related costs of 8 issuance of, bonds issued under s. 631.695 and the funding of 9 any reserves and other payments required under the bond 10 resolution or trust indenture pursuant to which such bonds 11 have been issued, the office, upon certification of the board 12 of directors, shall levy assessments in the proportion that 13 each insurer's net direct written premiums in this state in 14 the classes protected by the account bears to the total of 15 said net direct written premiums received in this state by all 16 such insurers for the preceding calendar year for the kinds of 17 insurance included within such account. Assessments shall be 18 remitted to and administered by the board of directors in the 19 manner specified by the approved plan. Each insurer so 20 assessed shall have at least 30 days' written notice as to the 21 date the assessment is due and payable. Every assessment shall 22 be made as a uniform percentage applicable to the net direct 23 written premiums of each insurer in the kinds of insurance 24 included within the account in which the assessment is made. 25 The assessments levied against any insurer shall not exceed in 26 any one year more than 2 percent of that insurer's net direct 27 written premiums in this state for the kinds of insurance 28 included within such account during the calendar year next 29 preceding the date of such assessments. 30 (e)1.a. In addition to assessments otherwise 31 authorized in paragraph (a) and to the extent necessary to 12 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 secure the funds for the account specified in s. 631.55(2)(c) 2 or to retire indebtedness, including, without limitation, the 3 principal, redemption premium, if any, and interest on, and 4 related costs of issuance of, bonds issued under s. 631.695 5 and the funding of any reserves and other payments required 6 under the bond resolution or trust indenture pursuant to which 7 such bonds have been issued, the office, upon certification of 8 the board of directors, shall levy emergency assessments upon 9 insurers holding a certificate of authority. The emergency 10 assessments payable under this paragraph by any insurer shall 11 not exceed in any single year more than 2 percent of that 12 insurer's direct written premiums, net of refunds, in this 13 state during the preceding calendar year for the kinds of 14 insurance within the account specified in s. 631.55(2)(c). 15 b. Any emergency assessments authorized under this 16 paragraph shall be levied by the office upon insurers referred 17 to in sub-subparagraph a., upon certification as to the need 18 for such assessments by the board of directors, in each year 19 that bonds issued under s. 631.695 and secured by such 20 emergency assessments are outstanding, in such amounts up to 21 such 2-percent limit as required in order to provide for the 22 full and timely payment of the principal of, redemption 23 premium, if any, and interest on, and related costs of 24 issuance of, such bonds. The emergency assessments provided 25 for in this paragraph are assigned and pledged to the 26 municipality, county, or legal entity issuing bonds under s. 27 631.695 for the benefit of the holders of such bonds, in order 28 to enable such municipality, county, or legal entity to 29 provide for the payment of the principal of, redemption 30 premium, if any, and interest on such bonds, the cost of 31 issuance of such bonds, and the funding of any reserves and 13 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 other payments required under the bond resolution or trust 2 indenture pursuant to which such bonds have been issued, 3 without the necessity of any further action by the 4 association, the office, or any other party. To the extent 5 bonds are issued under s. 631.695 and the association 6 determines to secure such bonds by a pledge of revenues 7 received from the emergency assessments, such bonds, upon such 8 pledge of revenues, shall be secured by and payable from the 9 proceeds of such emergency assessments, and the proceeds of 10 emergency assessments levied under this paragraph shall be 11 remitted directly to and administered by the trustee or 12 custodian appointed for such bonds. 13 c. Emergency assessments under this paragraph may be 14 payable in a single payment or, at the option of the 15 association, may be payable in 12 monthly installments with 16 the first installment being due and payable at the end of the 17 month after an emergency assessment is levied and subsequent 18 installments being due not later than the end of each 19 succeeding month. 20 d. If emergency assessments are imposed, the report 21 required by s. 631.695(7) shall include an analysis of the 22 revenues generated from the emergency assessments imposed 23 under this paragraph. 24 e. If emergency assessments are imposed, the 25 references in sub-subparagraph (1)(a)3.b. and s. 631.695(2) 26 and (7) to assessments levied under paragraph (a) shall 27 include emergency assessments imposed under this paragraph. 28 2. In order to ensure that insurers paying emergency 29 assessments levied under this paragraph continue to charge 30 rates that are neither inadequate nor excessive, within 90 31 days after being notified of such assessments, each insurer 14 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 that is to be assessed pursuant to this paragraph shall submit 2 a rate filing for coverage included within the account 3 specified in s. 631.55(2)(c) and for which rates are required 4 to be filed under s. 627.062. If the filing reflects a rate 5 change that, as a percentage, is equal to the difference 6 between the rate of such assessment and the rate of the 7 previous year's assessment under this paragraph, the filing 8 shall consist of a certification so stating and shall be 9 deemed approved when made. Any rate change of a different 10 percentage shall be subject to the standards and procedures of 11 s. 627.062. 12 3. An annual assessment under this paragraph shall 13 continue while the bonds issued with respect to which the 14 assessment was imposed are outstanding, including any bonds 15 the proceeds of which were used to refund bonds issued 16 pursuant to s. 631.695, unless adequate provision has been 17 made for the payment of the bonds in the documents authorizing 18 the issuance of such bonds. 19 4. Emergency assessments under this paragraph are not 20 premium and are not subject to the premium tax, to any fees, 21 or to any commissions. An insurer is liable for all emergency 22 assessments that the insurer collects and shall treat the 23 failure of an insured to pay an emergency assessment as a 24 failure to pay the premium. An insurer is not liable for 25 uncollectible emergency assessments. 26 Section 28. Section 631.695, Florida Statutes, is 27 created to read: 28 631.695 Revenue bond issuance through counties or 29 municipalities.-- 30 (1) The Legislature finds: 31 (a) The potential for widespread and massive damage to 15 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 persons and property caused by hurricanes making landfall in 2 this state can generate insurance claims of such a number as 3 to render numerous insurers operating within this state 4 insolvent and therefore unable to satisfy covered claims. 5 (b) The inability of insureds within this state to 6 receive payment of covered claims or to timely receive such 7 payment creates financial and other hardships for such 8 insureds and places undue burdens on the state, the affected 9 units of local government, and the community at large. 10 (c) In addition, the failure of insurers to pay 11 covered claims or to timely pay such claims due to the 12 insolvency of such insurers can undermine the public's 13 confidence in insurers operating within this state, thereby 14 adversely affecting the stability of the insurance industry in 15 this state. 16 (d) The state has previously taken action to address 17 these problems by adopting the Florida Insurance Guaranty 18 Association Act, which, among other things, provides a 19 mechanism for the payment of covered claims under certain 20 insurance policies to avoid excessive delay in payment and to 21 avoid financial loss to claimants or policyholders because of 22 the insolvency of an insurer. 23 (e) In the wake of the unprecedented destruction 24 caused by various hurricanes that have made landfall in this 25 state, the resultant covered claims, and the number of 26 insurers rendered insolvent thereby, make it evident that 27 alternative programs must be developed to allow the Florida 28 Insurance Guaranty Association to more expeditiously and 29 effectively provide for the payment of covered claims. 30 (f) It is therefore determined to be in the best 31 interests of, and necessary for, the protection of the public 16 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 health, safety, and general welfare of the residents of this 2 state and for the protection and preservation of the economic 3 stability of insurers operating in this state, and it is 4 declared to be an essential public purpose, to permit certain 5 municipalities and counties to take such actions as will 6 provide relief to claimants and policyholders having covered 7 claims against insolvent insurers operating in this state by 8 expediting the handling and payment of covered claims. 9 (g) To achieve the foregoing purposes, it is proper to 10 authorize municipalities and counties of this state 11 substantially affected by the landfall of a hurricane to issue 12 bonds to assist the Florida Insurance Guaranty Association in 13 expediting the handling and payment of covered claims of 14 insolvent insurers. 15 (h) In order to avoid the needless and indiscriminate 16 proliferation, duplication, and fragmentation of such 17 assistance programs, it is in the best interests of the 18 residents of this state to authorize municipalities and 19 counties severely affected by a hurricane to provide for the 20 payment of covered claims beyond their territorial limits in 21 the implementation of such programs. 22 (i) It is a paramount public purpose for 23 municipalities and counties substantially affected by the 24 landfall of a hurricane to be able to issue bonds for the 25 purposes described in this section. Such issuance shall 26 provide assistance to residents of those municipalities and 27 counties as well as to other residents of this state. 28 (2) The governing body of any municipality or county, 29 the residents of which have been substantially affected by a 30 hurricane, may issue bonds to fund an assistance program in 31 conjunction with, and with the consent of, the Florida 17 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 Insurance Guaranty Association for the purpose of paying 2 claimants' or policyholders' covered claims, as defined in s. 3 631.54, arising through the insolvency of an insurer, which 4 insolvency is determined by the Florida Insurance Guaranty 5 Association to have been a result of a hurricane, regardless 6 of whether the claimants or policyholders are residents of 7 such municipality or county or the property to which the claim 8 relates is located within or outside the territorial 9 jurisdiction of the municipality or county. The power of a 10 municipality or county to issue bonds, as described in this 11 section, is in addition to any powers granted by law and may 12 not be abrogated or restricted by any provisions in such 13 municipality's or county's charter. A municipality or county 14 issuing bonds for this purpose shall enter into such contracts 15 with the Florida Insurance Guaranty Association or any entity 16 acting on behalf of the Florida Insurance Guaranty Association 17 as are necessary to implement the assistance program. Any 18 bonds issued by a municipality or county or a combination 19 thereof under this subsection shall be payable from and 20 secured by moneys received by or on behalf of the municipality 21 or county from assessments levied under s. 631.57(3)(a) and 22 assigned and pledged to or on behalf of the municipality or 23 county for the benefit of the holders of the bonds in 24 connection with the assistance program. The funds, credit, 25 property, and taxing power of the state or any municipality or 26 county shall not be pledged for the payment of such bonds. 27 (3) Bonds may be validated by the municipality or 28 county pursuant to chapter 75. The proceeds of the bonds may 29 be used to pay covered claims of insolvent insurers; to 30 refinance or replace previously existing borrowings or 31 financial arrangements; to pay interest on bonds; to fund 18 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 reserves for the bonds; to pay expenses incident to the 2 issuance or sale of any bond issued under this section, 3 including costs of validating, printing, and delivering the 4 bonds, costs of printing the official statement, costs of 5 publishing notices of sale of the bonds, costs of obtaining 6 credit enhancement or liquidity support, and related 7 administrative expenses; or for such other purposes related to 8 the financial obligations of the fund as the association may 9 determine. The term of the bonds may not exceed 30 years. 10 (4) The state covenants with holders of bonds of the 11 assistance program that the state will not take any action 12 that will have a material adverse effect on the holders and 13 will not repeal or abrogate the power of the board of 14 directors of the association to direct the Office of Insurance 15 Regulation to levy the assessments and to collect the proceeds 16 of the revenues pledged to the payment of the bonds as long as 17 any of the bonds remain outstanding, unless adequate provision 18 has been made for the payment of the bonds in the documents 19 authorizing the issuance of the bonds. 20 (5) The accomplishment of the authorized purposes of 21 such municipality or county under this section is in all 22 respects for the benefit of the people of the state, for the 23 increase of their commerce and prosperity, and for the 24 improvement of their health and living conditions. The 25 municipality or county, in performing essential governmental 26 functions in accomplishing its purposes, is not required to 27 pay any taxes or assessments of any kind whatsoever upon any 28 property acquired or used by the county or municipality for 29 such purposes or upon any revenues at any time received by the 30 county or municipality. The bonds, notes, and other 31 obligations of the municipality or county and the transfer of 19 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 and income from such bonds, notes, and other obligations, 2 including any profits made on the sale of such bonds, notes, 3 and other obligations, are exempt from taxation of any kind by 4 the state or by any political subdivision or other agency or 5 instrumentality of the state. The exemption granted in this 6 subsection is not applicable to any tax imposed by chapter 220 7 on interest, income, or profits on debt obligations owned by 8 corporations. 9 (6) Two or more municipalities or counties, the 10 residents of which have been substantially affected by a 11 hurricane, may create a legal entity pursuant to s. 12 163.01(7)(g) to exercise the powers described in this section 13 as well as those powers granted in s. 163.01(7)(g). References 14 in this section to a municipality or county includes such 15 legal entity. 16 (7) The association shall issue an annual report on 17 the status of the use of bond proceeds as related to 18 insolvencies caused by hurricanes. The report must contain the 19 number and amount of claims paid. The association shall also 20 include an analysis of the revenue generated from the 21 assessment levied under s. 631.57(3)(a) to pay such bonds. The 22 association shall submit a copy of the report to the President 23 of the Senate, the Speaker of the House of Representatives, 24 and the Chief Financial Officer within 90 days after the end 25 of each calendar year in which bonds were outstanding. 26 Section 29. No provision of s. 631.57 or s. 631.695, 27 Florida Statutes, shall be repealed until such time as the 28 principal, redemption premium, if any, and interest on all 29 bonds issued under s. 631.695, Florida Statutes, payable and 30 secured from assessments levied under s. 631.57(3)(a), Florida 31 Statutes, have been paid in full or adequate provision for 20 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 such payment has been made in accordance with the bond 2 resolution or trust indenture pursuant to which the bonds were 3 issued. 4 Section 30. Subsection (2) of section 877.02, Florida 5 Statutes, is amended to read: 6 877.02 Solicitation of legal services or retainers 7 therefor; penalty.-- 8 (2) It shall be unlawful for any person in the employ 9 of or in any capacity attached to any hospital, sanitarium, 10 police department, wrecker service or garage, prison or court, 11 or for a person authorized to furnish bail bonds, 12 investigators, photographers, insurance or public adjusters, 13 or for a general or other contractor as defined in s. 489.105 14 or other business providing sinkhole remediation services, to 15 communicate directly or indirectly with any attorney or person 16 acting on said attorney's behalf for the purpose of aiding, 17 assisting or abetting such attorney in the solicitation of 18 legal business or the procurement through solicitation of a 19 retainer, written or oral, or any agreement authorizing the 20 attorney to perform or render legal services. 21 Section 31. (1) By February 1, 2007, the Office of 22 Insurance Regulation shall calculate a presumed factor to 23 reflect the impact of the changes made in this act to rates 24 filed by residential property insurers providing sinkhole loss 25 coverage. The office shall issue a notice informing all 26 insurers writing residential property insurance coverage of 27 the presumed factor. 28 (2) In determining the presumed factor, the office 29 shall use generally accepted actuarial techniques and 30 standards in determining the expected impact on losses, 31 expenses, and investment income of the insurer. 21 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 (3) The office may contract with an appropriate vendor 2 to determine the presumed factor. 3 (4) Each residential property insurer shall, at its 4 next annual rate filing after May 1, 2007, reflect an overall 5 rate reduction at least as great as the presumed factor 6 determined under subsection (1). 7 (5) The sum of $250,000 in nonrecurring funds is 8 appropriated from the Insurance Regulatory Trust Fund in the 9 Department of Financial Services to the Office of Insurance 10 Regulation for the 2006-2007 fiscal year for the purposes of 11 funding the provisions of this section. 12 Section 32. The sums of $115,322 in recurring funds 13 and $10,486 in nonrecurring funds are appropriated from the 14 Insurance Regulatory Trust Fund in the Department of Financial 15 Services for the 2006-2007 fiscal year for the purposes of 16 funding the provisions of this act, and two full-time 17 equivalent positions with 59,435 in associated salary rate are 18 authorized. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 7, line 16, through 26 page 10, line 11, delete those lines 27 28 and insert: 29 circumstances; amending s. 627.7072, F.S.; 30 revising references to certain engineers; 31 eliminating the requirement for certain testing 22 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 compliance; amending s. 627.7073, F.S.; 2 revising requirements for sinkhole reports by 3 professional engineers and professional 4 geologists; providing for the recording of 5 sinkhole reports by the clerk of court rather 6 than the property appraiser; creating s. 7 627.7074, F.S.; prescribing an alternative 8 method for resolving disputed sinkhole 9 insurance claims; providing definitions; 10 prescribing procedures for invoking the 11 alternative method; providing that a 12 recommendation by a neutral evaluator is not 13 binding on any party; providing for payments of 14 costs; requiring the insurer to pay attorney's 15 fees of the policyholder up to a specified 16 amount under certain conditions; providing that 17 an insurer is not liable for attorney's fees or 18 for certain damages under certain conditions; 19 amending s. 627.727, F.S.; conforming a 20 cross-reference; amending s. 631.181, F.S.; 21 providing an exception to certain requirements 22 for a signed statement for certain claims 23 related to the insolvency of an insurer; 24 providing requirements; amending s. 631.54, 25 F.S.; redefining the term "covered claim" and 26 defining the term "homeowner's insurance" for 27 purposes of the Florida Insurance Guaranty 28 Association; amending s. 631.55, F.S.; 29 conforming a cross-reference; amending s. 30 631.57, F.S.; revising requirements and 31 limitations for obligations of the Florida 23 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 Insurance Guaranty Association for covered 2 claims; authorizing the association to contract 3 with counties, municipalities, and legal 4 entities to issue revenue bonds for certain 5 purposes; authorizing the Office of Insurance 6 Regulation to levy assessments and emergency 7 assessments on insurers under certain 8 circumstances for certain bond repayment 9 purposes; providing requirements for and 10 limitations on such assessments; providing for 11 payment, collection, and distribution of such 12 assessments; requiring insurers to include an 13 analysis of revenues from such assessments in a 14 required report; providing rate filing 15 requirements for insurers relating to such 16 assessments; providing for continuing annual 17 assessments under certain circumstances; 18 specifying emergency assessments as not premium 19 and not subject to certain taxes, fees, or 20 commissions; specifying insurer liability for 21 emergency assessments; providing an exception; 22 creating s. 631.695, F.S.; providing 23 legislative findings and purposes; providing 24 for issuance of revenue bonds through counties 25 and municipalities to fund assistance programs 26 for paying covered claims for hurricane damage; 27 providing procedures, requirements, and 28 limitations for counties, municipalities, and 29 the Florida Insurance Guaranty Association, 30 Inc., relating to issuance and validation of 31 such bonds; prohibiting pledging the funds, 24 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 credit, property, and taxing power of the 2 state, counties, and municipalities for payment 3 of bonds; specifying authorized uses of bond 4 proceeds; limiting the term of bonds; 5 specifying a state covenant to protect 6 bondholders from adverse actions relating to 7 such bonds; specifying exemptions for bonds, 8 notes, and other obligations of counties and 9 municipalities from certain taxes or 10 assessments on property and revenues; 11 authorizing counties and municipalities to 12 create a legal entity to exercise certain 13 powers; requiring the association to issue an 14 annual report on the status of certain uses of 15 bond proceeds; providing report requirements; 16 requiring the association to provide a copy of 17 the report to the Legislature and Chief 18 Financial Officer; prohibiting repeal of 19 certain provisions relating to certain bonds 20 under certain circumstances; amending s. 21 877.02, F.S.; prohibiting certain solicitations 22 by contractors and other persons providing 23 sinkhole remediation services; providing 24 penalties; requiring the Office of Insurance 25 Regulation to calculate a certain presumed 26 factor on residential property insurance rates; 27 providing requirements and procedures for 28 determining such calculation; requiring the 29 office to provide notice of such rate factor to 30 insurers; requiring insurers to include such 31 rate factor in certain rate filings; providing 25 12:45 PM 05/01/06 s1980c2c-11-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1980 Barcode 754398 1 appropriations and authorizing additional 2 positions and salary rates; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 26 12:45 PM 05/01/06 s1980c2c-11-t01