Senate Bill sb2166

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    Florida Senate - 2006                                  SB 2166

    By Senator Saunders





    37-1564-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         215.555, F.S.; revising a definition; creating

  4         s. 215.558, F.S.; creating the Florida

  5         Hurricane Damage Prevention Endowment;

  6         providing a purpose and legislative intent;

  7         providing definitions; providing for

  8         administration of the endowment by the State

  9         Board of Administration; providing management

10         powers and authority; requiring the Legislature

11         to annually appropriate earnings of the

12         endowment to the board for certain purposes;

13         providing requirements of the board in

14         providing financial incentives for residential

15         hurricane damage prevention activities;

16         providing for an interest-free loan program;

17         providing criteria and requirements; creating

18         an advisory council for certain purposes;

19         providing for appointment of members; requiring

20         members to serve without compensation;

21         providing for per diem and travel expenses;

22         amending s. 627.062, F.S.; providing for orders

23         of the Office of Insurance Regulation to

24         insurers to cease charging excessive rates;

25         deleting a requirement that insurers return

26         portions of excessive rates; specifying certain

27         rate filings as not subject to office

28         determination as excessive or unfairly

29         discriminatory; providing limitations;

30         providing a definition; prohibiting certain

31         rate filings under certain circumstances;

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         preserving the office's authority to disapprove

 2         certain rate filings under certain

 3         circumstances; providing procedures for

 4         insurers submitting certain rate filings;

 5         specifying nonapplication to certain types of

 6         insurance; requiring the office to provide

 7         annual reports on the impact of certain rate

 8         regulations; specifying report requirements;

 9         amending s. 627.351, F.S., relating to the

10         Citizens Property Insurance Corporation;

11         providing additional legislative intent;

12         specifying application to homestead property;

13         specifying the existing three separate accounts

14         of the corporation as providing coverage only

15         for homestead property; providing a definition;

16         providing for an additional separate account

17         for nonhomestead property; requiring separate

18         maintenance of revenues, assets, liabilities,

19         losses, and expenses attributable to the

20         nonhomestead account; specifying recourse of

21         creditors' claims to such accounts; providing

22         criteria, requirements, and insurer

23         authorizations for issuance of policies for

24         wind peril in the high-risk account; specifying

25         immunity from liability for certain activities

26         of insurers and agents and employees; providing

27         an exception; providing for deficit assessments

28         against nonhomestead account policyholders

29         under certain circumstances; authorizing the

30         board of governors of the corporation to make

31         loans from the homestead accounts to the

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         nonhomestead account under certain

 2         circumstances; providing additional

 3         requirements of the plan of operation of the

 4         corporation; authorizing certain insurers to

 5         require arbitration of certain filings;

 6         providing additional legislative intent

 7         relating to rate adequacy in the residual

 8         market; specifying requirements for rates in

 9         the high-risk account; specifying criteria for

10         determining inadequacy of certain rates;

11         providing a criterion for calculating reduction

12         or increase in probable maximum loss;

13         specifying additional criteria for

14         ineligibility for certain policies of the

15         corporation for certain dwellings; delaying

16         application of certain high-risk area boundary

17         reduction provisions; providing for application

18         of provisions relating to homestead and

19         nonhomestead accounts to certain policies;

20         amending s. 627.4035, F.S.; providing for a

21         waiver of a written authorization requirement

22         to pay claims by debit card or other electronic

23         transfer; amending s. 627.7011, F.S.; limiting

24         certain law and ordinance coverage; deleting

25         application to personal property; creating s.

26         627.7019, F.S.; requiring the Financial

27         Services Commission to adopt rules imposing

28         standardized requirements applicable to

29         insurers after certain natural events;

30         providing criteria; providing requirements of

31         the Office of Insurance Regulation; prohibiting

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         certain conflicting emergency rules; amending

 2         s. 817.234, F.S.; providing an additional

 3         circumstance that constitutes committing

 4         insurance fraud; amending s. 631.181, F.S.;

 5         providing an exception to certain requirements

 6         for a signed statement for certain claims;

 7         providing requirements; amending s. 631.54,

 8         F.S.; revising the definition of "covered

 9         claim"; amending s. 631.57, F.S.; revising

10         requirements and limitations for obligations of

11         the Florida Insurance Guaranty Association for

12         covered claims; authorizing the association to

13         contract with counties, municipalities, and

14         legal entities to issue revenue bonds for

15         certain purposes; authorizing the Department of

16         Financial Services to levy assessments and

17         emergency assessments on insurers under certain

18         circumstances for certain bond repayment

19         purposes; providing requirements for and

20         limitations on such assessments; providing for

21         payment, collection, and distribution of such

22         assessments; requiring insurers to include an

23         analysis of revenues from such assessments in a

24         required report; providing rate filing

25         requirements for insurers relating to such

26         assessments; providing for continuing annual

27         assessments under certain circumstances;

28         specifying emergency assessments as not premium

29         and not subject to certain taxes, fees, or

30         commissions; specifying insurer liability for

31         emergency assessments; providing an exception;

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         creating s. 631.695, F.S.; providing

 2         legislative findings and purposes; providing

 3         for issuance of revenue bonds through counties

 4         and municipalities to fund assistance programs

 5         for paying covered claims for hurricane damage;

 6         providing procedures, requirements, and

 7         limitations for counties, municipalities, and

 8         the Florida Insurance Guaranty Association,

 9         Inc., relating to issuance and validation of

10         such bonds; prohibiting pledging the funds,

11         credit, property, and taxing power of the

12         state, counties, and municipalities for payment

13         of bonds; specifying authorized uses of bond

14         proceeds; limiting the term of bonds;

15         specifying a state covenant to protect

16         bondholders from adverse actions relating to

17         such bonds; specifying exemptions for bonds,

18         notes, and other obligations of counties and

19         municipalities from certain taxes or

20         assessments on property and revenues;

21         authorizing counties and municipalities to

22         create a legal entity to exercise certain

23         powers; requiring the association to issue an

24         annual report on the status of certain uses of

25         bond proceeds; providing report requirements;

26         requiring the association to provide a copy of

27         the report to the Legislature and Chief

28         Financial Officer; prohibiting repeal of

29         certain provisions relating to certain bonds

30         under certain circumstances; providing

31         severability; providing an appropriation;

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         providing for retroactive effect of certain

 2         provisions; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Paragraph (a) of subsection (2) of section

 7  215.555, Florida Statutes, is amended to read:

 8         215.555  Florida Hurricane Catastrophe Fund.--

 9         (2)  DEFINITIONS.--As used in this section:

10         (a)  "Actuarially indicated" means, with respect to

11  premiums paid by insurers for reimbursement provided by the

12  fund, an amount determined according to principles of

13  actuarial science to be adequate, but not excessive, in the

14  aggregate, to pay current and future obligations and expenses

15  of the fund, including additional amounts if needed to pay

16  debt service on revenue bonds issued under this section and to

17  provide required debt service coverage in excess of the

18  amounts required to pay actual debt service on revenue bonds

19  issued under subsection (6), and determined according to

20  principles of actuarial science to reflect each insurer's

21  relative exposure to hurricane losses. The term "actuarially

22  indicated" includes both the anticipated annualized payout

23  from the fund and an appropriate risk load of no less than 25

24  percent of the anticipated annualized payout.

25         Section 2.  Section 215.558, Florida Statutes, is

26  created to read:

27         215.558  Florida Hurricane Damage Prevention

28  Endowment.--

29         (1)  PURPOSE AND INTENT.--The purpose of this section

30  is to provide a continuing source of funding for financial

31  incentives to encourage residential property owners of this

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  state to retrofit their properties to make them less

 2  vulnerable to hurricane damage and to provide matching funds

 3  to local governments and nonprofit entities for projects that

 4  will reduce hurricane damage to residential properties. It is

 5  the intent of the Legislature that this section be construed

 6  liberally to effectuate its purpose.

 7         (2)  DEFINITIONS.--As used in this section:

 8         (a)  "Board" means the State Board of Administration.

 9         (b)  "Corpus" means the money that has been

10  appropriated to the endowment by the 2006 Legislature,

11  together with any amounts subsequently appropriated to the

12  endowment which are specifically designated as contributions

13  to the corpus, together with any grants, gifts, or donations

14  to the endowment which are specifically designated as

15  contributions to the corpus.

16         (c)  "Earnings" means any money in the endowment in

17  excess of the corpus, including any income generated by

18  investments, any increase in the market value of investments

19  net of decreases in market value, and any appropriations,

20  grants, gifts, or donations to the endowment not specifically

21  designated as contributions to the corpus.

22         (d)  "Endowment" means the Florida Hurricane Damage

23  Prevention Endowment.

24         (3)  ADMINISTRATION.--

25         (a)  The board shall administer the endowment as

26  provided in this section.

27         (b)  The board may invest and reinvest funds of the

28  endowment in accordance with s. 215.47 and consistent with an

29  investment policy statement developed by the executive

30  director and approved by the board.

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         (c)  The endowment shall be managed as an annuity. The

 2  investment objective shall be long-term preservation of the

 3  real value of the corpus and a specified regular annual cash

 4  outflow for appropriation, as nonrecurring revenue, for the

 5  purposes specified in subsection (4).

 6         (d)  In accordance with s. 215.44, the board shall

 7  include separate sections on the financial status of the

 8  endowment in its annual investment report to the Legislature.

 9         (e)  Costs and fees of the board for investment

10  services shall be deducted from the earnings accruing to the

11  endowment. Fees for investment services shall be no greater

12  than fees charged to the Florida Retirement System.

13         (4)  FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE

14  DAMAGE PREVENTION ACTIVITIES.--

15         (a)  The Legislature shall annually appropriate not

16  less than 80 percent of the earnings of the endowment to the

17  board for financial incentives to residential property owners

18  as described in paragraph (b) and shall annually appropriate

19  the remainder of the earnings of the endowment to the board

20  for matching fund grants to local governments and nonprofit

21  entities for projects that will reduce hurricane damage to

22  residential properties as described in paragraph (c) and for

23  operating expenses of the endowment. Any appropriated funds

24  not expended by the board for these purposes shall be returned

25  to the endowment.

26         (b)1.  The board, by rule, shall establish a request

27  for a proposal process to annually solicit proposals from

28  lending institutions under which the lending institution will

29  provide interest-free loans to residential property owners to

30  pay for improvements to existing residential properties

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  intended to reduce the property's vulnerability to hurricane

 2  damage in exchange for funding from the endowment.

 3         2.  In order to qualify for funding under this

 4  paragraph, an interest-free loan program must include a means

 5  for verifying that the improvements to be paid for from loan

 6  proceeds have been demonstrated to reduce a property's

 7  vulnerability to hurricane damage and must include a means for

 8  verifying that the proceeds were actually spent on such

 9  improvements. The program must include a method for awarding

10  loans according to the following priorities:

11         a.  The highest priority must be given to

12  single-family, owner-occupied dwellings located in the areas

13  designated as high-risk areas for purposes of coverage by the

14  Citizens Property Insurance Corporation.

15         b.  The next highest priority must be given to

16  single-family, owner-occupied dwellings covered by the

17  Citizens Property Insurance Corporation, wherever located.

18         c.  The next highest priority must be given to

19  single-family, owner-occupied dwellings that are more than 40

20  years old.

21         d.  The next highest priority must be given to all

22  other single-family, owner-occupied dwellings.

23         e.  The next highest priority must be given to all

24  other residential properties.

25         3.  The board shall evaluate proposals based on the

26  following factors:

27         a.  The degree to which the proposal meets the

28  requirements of subparagraph 2.

29         b.  The lending institution's plan for marketing the

30  loans.

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         c.  The anticipated number of loans to be granted

 2  relative to the total amount of funding sought.

 3         4.  The board shall annually solicit proposals from

 4  local governments and nonprofit entities for projects that

 5  will reduce hurricane damage to residential properties. The

 6  board may provide up to 50 percent of the funding for such a

 7  project. The projects may include educational programs, repair

 8  services, property inspections, hurricane vulnerability

 9  analyses, and such other projects as the board determines to

10  be consistent with the purposes of this section.

11         (5)  ADVISORY COUNCIL.--There is created an advisory

12  council to provide advice and assistance to the board with

13  regard to its administration of the endowment. The advisory

14  council shall consist of:

15         (a)  A representative of lending institutions, selected

16  by the board from a list of at least three persons recommended

17  by the Florida Bankers Association.

18         (b)  A representative of residential property insurers,

19  selected by the board from a list of at least three persons

20  recommended by the Florida Insurance Council.

21         (c)  A representative of home builders, selected by the

22  board from a list of at least three persons recommended by the

23  Florida Home Builders Association.

24         (d)  A faculty member of a state university, selected

25  by the board, who is an expert in hurricane-resistant

26  construction methodologies and materials.

27         (e)  Two members of the House of Representatives,

28  selected by the Speaker of the House of Representatives.

29         (f)  Two members of the Senate, selected by the

30  President of the Senate.

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         (g)  The senior officer of the Florida Hurricane

 2  Catastrophe Fund.

 3         (h)  The executive director of Citizens Property

 4  Insurance Corporation.

 5         (i)  The director of the Division of Emergency

 6  Management of the Department of Community Affairs.

 7  

 8  Members appointed under paragraphs (a)-(d) shall serve at the

 9  pleasure of the board. Members appointed under paragraphs (e)

10  and (f) shall serve at the pleasure of the appointing officer.

11  All other members shall serve ex officio. Members of the

12  advisory council shall serve without compensation but may

13  receive reimbursement as provided in s. 112.061 for per diem

14  and travel expenses incurred in the performance of their

15  official duties.

16         Section 3.  Paragraphs (a) and (h) of subsection (2) of

17  section 627.062, Florida Statutes, are amended, and paragraph

18  (j) is added to that subsection, to read:

19         627.062  Rate standards.--

20         (2)  As to all such classes of insurance:

21         (a)  Insurers or rating organizations shall establish

22  and use rates, rating schedules, or rating manuals to allow

23  the insurer a reasonable rate of return on such classes of

24  insurance written in this state. A copy of rates, rating

25  schedules, rating manuals, premium credits or discount

26  schedules, and surcharge schedules, and changes thereto, shall

27  be filed with the office under one of the following

28  procedures:

29         1.  If the filing is made at least 90 days before the

30  proposed effective date and the filing is not implemented

31  during the office's review of the filing and any proceeding

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  and judicial review, then such filing shall be considered a

 2  "file and use" filing. In such case, the office shall finalize

 3  its review by issuance of a notice of intent to approve or a

 4  notice of intent to disapprove within 90 days after receipt of

 5  the filing. The notice of intent to approve and the notice of

 6  intent to disapprove constitute agency action for purposes of

 7  the Administrative Procedure Act. Requests for supporting

 8  information, requests for mathematical or mechanical

 9  corrections, or notification to the insurer by the office of

10  its preliminary findings shall not toll the 90-day period

11  during any such proceedings and subsequent judicial review.

12  The rate shall be deemed approved if the office does not issue

13  a notice of intent to approve or a notice of intent to

14  disapprove within 90 days after receipt of the filing.

15         2.  If the filing is not made in accordance with the

16  provisions of subparagraph 1., such filing shall be made as

17  soon as practicable, but no later than 30 days after the

18  effective date, and shall be considered a "use and file"

19  filing. An insurer making a "use and file" filing is

20  potentially subject to an order by the office to cease

21  charging, within 60 days after such order, the portion of the

22  rate deemed return to policyholders portions of rates found to

23  be excessive, as provided in paragraph (h).

24         (h)  In the event the office finds that a rate or rate

25  change is excessive, inadequate, or unfairly discriminatory,

26  the office shall issue an order of disapproval specifying that

27  a new rate or rate schedule which responds to the findings of

28  the office be filed by the insurer. The office shall further

29  order, for any "use and file" filing made in accordance with

30  subparagraph (a)2., that premiums charged each policyholder

31  constituting the portion of the rate above that which was

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  actuarially justified cease being charged within 60 days after

 2  issuance of the order be returned to such policyholder in the

 3  form of a credit or refund. If the office finds that an

 4  insurer's rate or rate change is inadequate, the new rate or

 5  rate schedule filed with the office in response to such a

 6  finding shall be applicable only to new or renewal business of

 7  the insurer written on or after the effective date of the

 8  responsive filing.

 9         (j)1.  Effective January 1, 2007, notwithstanding any

10  other provision of this section:

11         a.  With respect to any class of insurance subject to

12  regulation under this section, a rate filing with respect to

13  any policy form, including endorsements issued with the form,

14  that results in an overall average statewide premium increase

15  or decrease of no more than 10 percent above or below the

16  premium that would result from the insurer's rates then in

17  effect shall not be subject to a determination by the office

18  that the rate is excessive or unfairly discriminatory except

19  as provided in sub-subparagraph c. or other provision of law,

20  provided all changes specified in the filing do not result in

21  an overall premium increase of more than 25 percent for any

22  one territory, for reasons related solely to the rate change.

23  As used in this subparagraph, the term "insurer's rates then

24  in effect" includes only rates that have been lawfully in

25  effect under this section or rates that have been determined

26  to be lawful through administrative proceedings or judicial

27  proceedings.

28         b.  An insurer may not make filings under this

29  paragraph with respect to any policy form, including

30  endorsements issued with the form, if the overall premium

31  changes resulting from such filings exceed the amounts

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  specified in this paragraph in any 12-month period. An insurer

 2  may proceed under other provisions of this subsection or other

 3  provisions of law if the insurer seeks to exceed the premium

 4  or rate limitations of this paragraph.

 5         c.  This paragraph does not affect the authority of the

 6  office to disapprove a rate as inadequate or to disapprove a

 7  filing for the unlawful use of unfairly discriminatory rating

 8  factors that are prohibited by the laws of this state. An

 9  insurer electing to implement a rate change under this

10  paragraph shall submit a filing to the office at least 30 days

11  prior to the effective date of the rate change. The office

12  shall have 30 days after the filing's submission to review the

13  filing and determine if the rate is inadequate or uses

14  unfairly discriminatory rating factors. Absent a finding by

15  the office within such 30-day period that the rate is

16  inadequate or that the insurer has used unfairly

17  discriminatory rating factors, the filing is deemed approved.

18  If the office finds during the 30-day period that the filing

19  will result in inadequate premiums or otherwise endanger the

20  insurer's solvency, the office shall suspend the rate

21  decrease. If the insurer is implementing an overall rate

22  increase, the results of which continue to produce an

23  inadequate rate, such increase shall proceed pending

24  additional action by the office to ensure the adequacy of the

25  rate.

26         d.  This paragraph does not apply to rate filings for

27  medical malpractice, workers' compensation, or commercial

28  insurance, except this paragraph shall be available to filings

29  applicable to commercial residential insurance.

30         2.a.  Beginning January 1, 2007, the office shall

31  annually provide a report to the President of the Senate, the

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  Speaker of the House of Representatives, the minority party

 2  leader of each house of the Legislature, and the chairs of the

 3  standing committees of each house of the Legislature having

 4  jurisdiction over insurance issues, specifying the impact of

 5  flexible rate regulation under this paragraph on the degree of

 6  competition in insurance markets in this state.

 7         b.  The report shall include a year-by-year comparison

 8  of the number of companies participating in the market for

 9  each class of insurance and the relative rate levels. The

10  report shall also specify:

11         (I)  The number of rate filings made under this

12  paragraph, the rate levels under those filings, and the market

13  share affected by those filings.

14         (II)  The number of filings made on a file and use

15  basis, the rate levels under those filings, and the market

16  share affected by those filings.

17         (III)  The number of filings made on a use and file

18  basis, the rate levels under those filings, and the market

19  share affected by those filings.

20         (IV)  Recommendations to promote competition in the

21  insurance market and further protect insurance consumers.

22  

23  The provisions of this subsection shall not apply to workers'

24  compensation and employer's liability insurance and to motor

25  vehicle insurance.

26         Section 4.  Subsection (6) of section 627.351, Florida

27  Statutes, is amended to read:

28         627.351  Insurance risk apportionment plans.--

29         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

30         (a)1.a.  The Legislature finds that actual and

31  threatened catastrophic losses to property in this state from

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  hurricanes have caused insurers to be unwilling or unable to

 2  provide property insurance coverage to the extent sought and

 3  needed. It is in the public interest and a public purpose to

 4  assist in assuring that homestead property in the state is

 5  insured so as to facilitate the remediation, reconstruction,

 6  and replacement of damaged or destroyed property in order to

 7  reduce or avoid the negative effects otherwise resulting to

 8  the public health, safety, and welfare; to the economy of the

 9  state; and to the revenues of the state and local governments

10  needed to provide for the public welfare. It is necessary,

11  therefore, to provide property insurance to applicants who are

12  in good faith entitled to procure insurance through the

13  voluntary market but are unable to do so. The Legislature

14  intends by this subsection that property insurance be provided

15  and that it continues, as long as necessary, through an entity

16  organized to achieve efficiencies and economies, while

17  providing service to policyholders, applicants, and agents

18  that is no less than the quality generally provided in the

19  voluntary market, all toward the achievement of the foregoing

20  public purposes. Because it is essential for the corporation

21  to have the maximum financial resources to pay claims

22  following a catastrophic hurricane, it is the intent of the

23  Legislature that the income of the corporation be exempt from

24  federal income taxation and that interest on the debt

25  obligations issued by the corporation be exempt from federal

26  income taxation.

27         b.  The Legislature finds and declares that:

28         (I)  The commitment of the state, as expressed in

29  sub-subparagraph a., to providing a means of ensuring the

30  availability of property insurance through a residual market

31  mechanism is hereby reaffirmed.

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         (II)  Despite legislative efforts to ensure that the

 2  residual market for property insurance is self-supporting to

 3  the greatest reasonable extent, residual market policyholders

 4  are to some degree subsidized by the general public through

 5  assessments on owners of property insured in the voluntary

 6  market and their insurers and through the potential use of

 7  general revenues of the state to eliminate or reduce residual

 8  market deficits.

 9         (III)  The degree of such subsidy is a matter of public

10  policy. It is the intent of the Legislature to better control

11  the subsidy through at least the following means:

12         (A)  Restructuring the residual market mechanism to

13  provide separate treatment of homestead and nonhomestead

14  properties, with the intent of continuing to provide an

15  insurance program with limited subsidies for homestead

16  properties while providing a nonsubsidized insurance program

17  for nonhomestead properties.

18         (B)  Redefining the concept of rate adequacy in the

19  subsidized residual market with the intent of ensuring a rate

20  structure that will enable the subsidized residual market to

21  be self-supporting except in the event of hurricane losses of

22  a legislatively specified magnitude. It is the intent of the

23  Legislature that the funding of the subsidized residual market

24  be structured to be self-supporting up to the point of its

25  50-year probable maximum loss and that the funding be

26  structured to make reliance on assessments or other sources of

27  public funding necessary only in the event of a 50-year

28  probable maximum loss or larger loss.

29         2.  The Residential Property and Casualty Joint

30  Underwriting Association originally created by this statute

31  shall be known, as of July 1, 2002, as the Citizens Property

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  Insurance Corporation. The corporation shall provide insurance

 2  for homesteaded residential property and may provide insurance

 3  for residential and commercial property, for applicants who

 4  are in good faith entitled, but are unable, to procure

 5  insurance through the voluntary market. The corporation shall

 6  operate pursuant to a plan of operation approved by order of

 7  the office. The plan is subject to continuous review by the

 8  office. The office may, by order, withdraw approval of all or

 9  part of a plan if the office determines that conditions have

10  changed since approval was granted and that the purposes of

11  the plan require changes in the plan. For the purposes of this

12  subsection, residential coverage includes both personal lines

13  residential coverage, which consists of the type of coverage

14  provided by homeowner's, mobile home owner's, dwelling,

15  tenant's, condominium unit owner's, and similar policies, and

16  commercial lines residential coverage, which consists of the

17  type of coverage provided by condominium association,

18  apartment building, and similar policies.

19         3.  It is the intent of the Legislature that

20  policyholders, applicants, and agents of the corporation

21  receive service and treatment of the highest possible level

22  but never less than that generally provided in the voluntary

23  market. It also is intended that the corporation be held to

24  service standards no less than those applied to insurers in

25  the voluntary market by the office with respect to

26  responsiveness, timeliness, customer courtesy, and overall

27  dealings with policyholders, applicants, or agents of the

28  corporation.

29         (b)1.  All insurers authorized to write one or more

30  subject lines of business in this state are subject to

31  assessment by the corporation and, for the purposes of this

                                  18

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  subsection, are referred to collectively as "assessable

 2  insurers." Insurers writing one or more subject lines of

 3  business in this state pursuant to part VIII of chapter 626

 4  are not assessable insurers, but insureds who procure one or

 5  more subject lines of business in this state pursuant to part

 6  VIII of chapter 626 are subject to assessment by the

 7  corporation and are referred to collectively as "assessable

 8  insureds." An authorized insurer's assessment liability shall

 9  begin on the first day of the calendar year following the year

10  in which the insurer was issued a certificate of authority to

11  transact insurance for subject lines of business in this state

12  and shall terminate 1 year after the end of the first calendar

13  year during which the insurer no longer holds a certificate of

14  authority to transact insurance for subject lines of business

15  in this state.

16         2.a.  All revenues, assets, liabilities, losses, and

17  expenses of the corporation shall be divided into four three

18  separate accounts as follows:

19         (I)  Three separate homestead accounts which may

20  provide coverage only for homestead properties. The term

21  "homestead property" means a residential property which has

22  been granted a homestead exemption under chapter 196. The term

23  also includes a property that is qualified for such exemption

24  but has not applied for the exemption as of the date of

25  issuance of the policy provided the policyholder obtains the

26  exemption within 1 year after initial issuance of the policy.

27  With respect to commercial residential policies, a property is

28  homestead property for purposes of this sub-sub-subparagraph

29  if a majority of the residential units of the property

30  constitute homestead properties as defined in this

31  

                                  19

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  sub-sub-subparagraph. The accounts providing coverage only for

 2  homestead properties are:

 3         (A)(I)  A personal lines account for personal

 4  residential policies issued by the corporation or issued by

 5  the Residential Property and Casualty Joint Underwriting

 6  Association and renewed by the corporation that provide

 7  comprehensive, multiperil coverage on risks that are not

 8  located in areas eligible for coverage in the Florida

 9  Windstorm Underwriting Association as those areas were defined

10  on January 1, 2002, and for such policies that do not provide

11  coverage for the peril of wind on risks that are located in

12  such areas;

13         (B)(II)  A commercial lines account for commercial

14  residential policies issued by the corporation or issued by

15  the Residential Property and Casualty Joint Underwriting

16  Association and renewed by the corporation that provide

17  coverage for basic property perils on risks that are not

18  located in areas eligible for coverage in the Florida

19  Windstorm Underwriting Association as those areas were defined

20  on January 1, 2002, and for such policies that do not provide

21  coverage for the peril of wind on risks that are located in

22  such areas; and

23         (C)(III)  A high-risk account for personal residential

24  policies and commercial residential and commercial

25  nonresidential property policies issued by the corporation or

26  transferred to the corporation that provide coverage for the

27  peril of wind on risks that are located in areas eligible for

28  coverage in the Florida Windstorm Underwriting Association as

29  those areas were defined on January 1, 2002. The high-risk

30  account must also include quota share primary insurance under

31  subparagraph (c)2. The area eligible for coverage under the

                                  20

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  high-risk account also includes the area within Port

 2  Canaveral, which is bordered on the south by the City of Cape

 3  Canaveral, bordered on the west by the Banana River, and

 4  bordered on the north by Federal Government property. The

 5  office may remove territory from the area eligible for

 6  wind-only and quota share coverage if, after a public hearing,

 7  the office finds that authorized insurers in the voluntary

 8  market are willing and able to write sufficient amounts of

 9  personal and commercial residential coverage for all perils in

10  the territory, including coverage for the peril of wind, such

11  that risks covered by wind-only policies in the removed

12  territory could be issued a policy by the corporation in

13  either the personal lines or commercial lines account without

14  a significant increase in the corporation's probable maximum

15  loss in such account. Removal of territory from the area

16  eligible for wind-only or quota share coverage does not alter

17  the assignment of wind coverage written in such areas to the

18  high-risk account.

19         (II)  A separate nonhomestead account for all

20  properties that otherwise meet all of the criteria for

21  eligibility for coverage within one of the three homestead

22  accounts described in sub-sub-subparagraph (I) but that do not

23  meet the definition of homestead property specified in

24  sub-sub-subparagraph (I). The nonhomestead account shall

25  provide the same types of coverage as are provided by the

26  three homestead accounts, including wind-only coverage in the

27  high-risk account area.

28         b.  The three separate homestead accounts must be

29  maintained as long as financing obligations entered into by

30  the Florida Windstorm Underwriting Association or Residential

31  Property and Casualty Joint Underwriting Association are

                                  21

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  outstanding, in accordance with the terms of the corresponding

 2  financing documents. When the financing obligations are no

 3  longer outstanding, in accordance with the terms of the

 4  corresponding financing documents, the corporation may use a

 5  single homestead account for all revenues, assets,

 6  liabilities, losses, and expenses of the corporation. All

 7  revenues, assets, liabilities, losses, and expenses

 8  attributable to the nonhomestead account shall be maintained

 9  separately.

10         c.  Creditors of the Residential Property and Casualty

11  Joint Underwriting Association shall have a claim against, and

12  recourse to, the accounts referred to in

13  sub-sub-sub-subparagraphs sub-sub-subparagraphs a.(I)(A) and

14  (B)(II) and shall have no claim against, or recourse to, the

15  account referred to in sub-sub-sub-subparagraph

16  sub-sub-subparagraph a.(I)(C)(III). Creditors of the Florida

17  Windstorm Underwriting Association shall have a claim against,

18  and recourse to, the account referred to in

19  sub-sub-sub-subparagraph sub-sub-subparagraph a.(I)(C)(III)

20  and shall have no claim against, or recourse to, the accounts

21  referred to in sub-sub-sub-subparagraphs sub-sub-subparagraphs

22  a.(I)(A) and (B)(II).

23         d.  Revenues, assets, liabilities, losses, and expenses

24  not attributable to particular accounts shall be prorated

25  among the accounts.

26         e.  The Legislature finds that the revenues of the

27  corporation are revenues that are necessary to meet the

28  requirements set forth in documents authorizing the issuance

29  of bonds under this subsection.

30         f.  No part of the income of the corporation may inure

31  to the benefit of any private person.

                                  22

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         g.  Policies for the peril of wind only in the

 2  high-risk account of the corporation on or after January 1,

 3  2006, shall be issued by authorized insurers issuing the

 4  multiperil policy on the risk in the high-risk account of the

 5  corporation. Such insurers are deemed to be acting on a

 6  write-your-own basis, performing only servicing functions on

 7  behalf of the corporation for a fee and not as risk bearers

 8  for the exposure of wind, unless otherwise opting to do so as

 9  provided in this sub-subparagraph. The authorized insurer may

10  choose to provide such wind coverage by endorsing its existing

11  multiperil policy with a corporation wind-only policy or by

12  issuing its own approved multiperil policy including coverage

13  for the peril of wind. Authorized insurers issuing policies to

14  policyholders including the peril of wind may not charge a

15  rate for the peril of wind which is higher than the wind-only

16  rate of the high-risk account of the corporation. An

17  authorized insurer may use its own procedures, methodologies,

18  rates, and computer systems to issue policies covering wind in

19  the high-risk account of the corporation. Any filing affecting

20  rates for wind coverage in the high-risk account submitted by

21  any authorized insurer for risks located in areas eligible for

22  the high-risk account of the corporation shall be deemed

23  approved whenever such rate is less than the approved rate for

24  each individual risk of the high-risk account. In the event of

25  a loss incurred by a risk in the high-risk account of the

26  corporation, the authorized insurer shall adjust the claim and

27  submit the claim file to the corporation for payment of the

28  claim by the corporation, or the authorized insurer may choose

29  to pay the claim and seek reimbursement of the amount of the

30  claim from the corporation. Producer commissions for high-risk

31  account policies shall be set and determined by the authorized

                                  23

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  insurer writing the multiperil policy but shall not be less

 2  than the effective rate of commission currently in effect for

 3  the high-risk account on new and renewal policies when applied

 4  to the full premium.

 5         h.  Authorized insurers that issue wind coverage for

 6  policies insured in the high-risk account of the corporation

 7  on or after January 1, 2006, shall be responsible for

 8  servicing those policies, including, but not limited to,

 9  policy administration and claims administration. Authorized

10  insurers that issue wind coverage for policies insured in the

11  high-risk account of the corporation shall adjust all claims

12  for those high-risk account policies. Authorized insurers that

13  issue wind coverage for policies insured in the high-risk

14  account of the corporation on or after January 1, 2006, shall

15  be paid a fee to service, process, issue, and maintain such

16  policies, including, but not limited to, adjusting claims.

17  Such fee shall be retained by the authorized insurer from the

18  wind portion of the premium collected from the policyholder

19  with the balance forwarded to the corporation for payment of

20  claims. The corporation shall determine the fee paid to the

21  authorized insurer without prior approval of the office, and

22  the amount of the fee shall be subject to binding arbitration,

23  as set forth in s. 627.062.

24         i.  There shall be no liability on the part of, and no

25  cause of action of any nature shall arise against, any

26  authorized insurer acting within the scope of its authority

27  under this subsection or its agents or employees for any

28  action taken by them in the performance of their duties or

29  responsibilities under this subsection. Such immunity does not

30  apply to actions for breach of any contract or agreement

31  pertaining to insurance or any willful tort.

                                  24

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         3.  With respect to a deficit in any of the homestead

 2  accounts an account:

 3         a.  When the deficit incurred in a particular calendar

 4  year is not greater than 10 percent of the aggregate statewide

 5  direct written premium for the subject lines of business for

 6  the prior calendar year, the entire deficit shall be recovered

 7  through regular assessments of assessable insurers under

 8  paragraph (g) and assessable insureds.

 9         b.  When the deficit incurred in a particular calendar

10  year exceeds 10 percent of the aggregate statewide direct

11  written premium for the subject lines of business for the

12  prior calendar year, the corporation shall levy regular

13  assessments on assessable insurers under paragraph (g) and on

14  assessable insureds in an amount equal to the greater of 10

15  percent of the deficit or 10 percent of the aggregate

16  statewide direct written premium for the subject lines of

17  business for the prior calendar year. Any remaining deficit

18  shall be recovered through emergency assessments under

19  sub-subparagraph d.

20         c.  Each assessable insurer's share of the amount being

21  assessed under sub-subparagraph a. or sub-subparagraph b.

22  shall be in the proportion that the assessable insurer's

23  direct written premium for the subject lines of business for

24  the year preceding the assessment bears to the aggregate

25  statewide direct written premium for the subject lines of

26  business for that year. The assessment percentage applicable

27  to each assessable insured is the ratio of the amount being

28  assessed under sub-subparagraph a. or sub-subparagraph b. to

29  the aggregate statewide direct written premium for the subject

30  lines of business for the prior year. Assessments levied by

31  the corporation on assessable insurers under sub-subparagraphs

                                  25

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  a. and b. shall be paid as required by the corporation's plan

 2  of operation and paragraph (g). Assessments levied by the

 3  corporation on assessable insureds under sub-subparagraphs a.

 4  and b. shall be collected by the surplus lines agent at the

 5  time the surplus lines agent collects the surplus lines tax

 6  required by s. 626.932 and shall be paid to the Florida

 7  Surplus Lines Service Office at the time the surplus lines

 8  agent pays the surplus lines tax to the Florida Surplus Lines

 9  Service Office. Upon receipt of regular assessments from

10  surplus lines agents, the Florida Surplus Lines Service Office

11  shall transfer the assessments directly to the corporation as

12  determined by the corporation.

13         d.  Upon a determination by the board of governors that

14  a deficit in an account exceeds the amount that will be

15  recovered through regular assessments under sub-subparagraph

16  a. or sub-subparagraph b., the board shall levy, after

17  verification by the office, emergency assessments, for as many

18  years as necessary to cover the deficits, to be collected by

19  assessable insurers and the corporation and collected from

20  assessable insureds upon issuance or renewal of policies for

21  subject lines of business, excluding National Flood Insurance

22  policies. The amount of the emergency assessment collected in

23  a particular year shall be a uniform percentage of that year's

24  direct written premium for subject lines of business and all

25  accounts of the corporation, excluding National Flood

26  Insurance Program policy premiums, as annually determined by

27  the board and verified by the office. The office shall verify

28  the arithmetic calculations involved in the board's

29  determination within 30 days after receipt of the information

30  on which the determination was based. Notwithstanding any

31  other provision of law, the corporation and each assessable

                                  26

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  insurer that writes subject lines of business shall collect

 2  emergency assessments from its policyholders without such

 3  obligation being affected by any credit, limitation,

 4  exemption, or deferment. Emergency assessments levied by the

 5  corporation on assessable insureds shall be collected by the

 6  surplus lines agent at the time the surplus lines agent

 7  collects the surplus lines tax required by s. 626.932 and

 8  shall be paid to the Florida Surplus Lines Service Office at

 9  the time the surplus lines agent pays the surplus lines tax to

10  the Florida Surplus Lines Service Office. The emergency

11  assessments so collected shall be transferred directly to the

12  corporation on a periodic basis as determined by the

13  corporation and shall be held by the corporation solely in the

14  applicable account. The aggregate amount of emergency

15  assessments levied for an account under this sub-subparagraph

16  in any calendar year may not exceed the greater of 10 percent

17  of the amount needed to cover the original deficit, plus

18  interest, fees, commissions, required reserves, and other

19  costs associated with financing of the original deficit, or 10

20  percent of the aggregate statewide direct written premium for

21  subject lines of business and for all accounts of the

22  corporation for the prior year, plus interest, fees,

23  commissions, required reserves, and other costs associated

24  with financing the original deficit.

25         e.  The corporation may pledge the proceeds of

26  assessments, projected recoveries from the Florida Hurricane

27  Catastrophe Fund, other insurance and reinsurance

28  recoverables, market equalization surcharges and other

29  surcharges, and other funds available to the corporation as

30  the source of revenue for and to secure bonds issued under

31  paragraph (g), bonds or other indebtedness issued under

                                  27

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  subparagraph (c)3., or lines of credit or other financing

 2  mechanisms issued or created under this subsection, or to

 3  retire any other debt incurred as a result of deficits or

 4  events giving rise to deficits, or in any other way that the

 5  board determines will efficiently recover such deficits. The

 6  purpose of the lines of credit or other financing mechanisms

 7  is to provide additional resources to assist the corporation

 8  in covering claims and expenses attributable to a catastrophe.

 9  As used in this subsection, the term "assessments" includes

10  regular assessments under sub-subparagraph a.,

11  sub-subparagraph b., or subparagraph (g)1. and emergency

12  assessments under sub-subparagraph d. Emergency assessments

13  collected under sub-subparagraph d. are not part of an

14  insurer's rates, are not premium, and are not subject to

15  premium tax, fees, or commissions; however, failure to pay the

16  emergency assessment shall be treated as failure to pay

17  premium. The emergency assessments under sub-subparagraph d.

18  shall continue as long as any bonds issued or other

19  indebtedness incurred with respect to a deficit for which the

20  assessment was imposed remain outstanding, unless adequate

21  provision has been made for the payment of such bonds or other

22  indebtedness pursuant to the documents governing such bonds or

23  other indebtedness.

24         f.  As used in this subsection, the term "subject lines

25  of business" means insurance written by assessable insurers or

26  procured by assessable insureds on real or personal property,

27  as defined in s. 624.604, including insurance for fire,

28  industrial fire, allied lines, farmowners multiperil,

29  homeowners multiperil, commercial multiperil, and mobile

30  homes, and including liability coverage on all such insurance,

31  but excluding inland marine as defined in s. 624.607(3) and

                                  28

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  excluding vehicle insurance as defined in s. 624.605(1) other

 2  than insurance on mobile homes used as permanent dwellings.

 3         g.  The Florida Surplus Lines Service Office shall

 4  determine annually the aggregate statewide written premium in

 5  subject lines of business procured by assessable insureds and

 6  shall report that information to the corporation in a form and

 7  at a time the corporation specifies to ensure that the

 8  corporation can meet the requirements of this subsection and

 9  the corporation's financing obligations.

10         h.  The Florida Surplus Lines Service Office shall

11  verify the proper application by surplus lines agents of

12  assessment percentages for regular assessments and emergency

13  assessments levied under this subparagraph on assessable

14  insureds and shall assist the corporation in ensuring the

15  accurate, timely collection and payment of assessments by

16  surplus lines agents as required by the corporation.

17         4.  With respect to a deficit in the nonhomestead

18  account or to any cash flow shortfall that the board

19  determines will create an inability for the nonhomestead

20  account to pay claims when due:

21         a.  The board may levy an immediate assessment against

22  the premium of each nonhomestead account policyholder,

23  expressed as a uniform percentage of the premium for the

24  policy then in effect. The maximum amount of such assessment

25  is 100 percent of such premium.

26         b.  If the assessment under sub-subparagraph a. is

27  insufficient to enable the account to pay claims and eliminate

28  the deficit in the account, the board may levy an additional

29  assessment to be collected at the time of any issuance or

30  renewal of a nonhomestead account policy during the 1-year

31  period following the levy of the assessment under

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  sub-subparagraph a., expressed as a uniform percentage of the

 2  premium for the policy for the forthcoming policy period. The

 3  maximum amount of such assessment is 100 percent of such

 4  premium.

 5         c.  If the assessments under sub-subparagraphs a. and

 6  b. are insufficient to enable the account to pay claims and

 7  eliminate the deficit in the account, the board may make a

 8  loan from any of the homestead accounts to the nonhomestead

 9  account, subject to approval by the office and provided that

10  such loan does not impair the financial status of any of the

11  homestead accounts.

12         (c)  The plan of operation of the corporation:

13         1.  Must provide for adoption of residential property

14  and casualty insurance policy forms and commercial residential

15  and nonresidential property insurance forms, which forms must

16  be approved by the office prior to use. The corporation shall

17  adopt the following policy forms:

18         a.  Standard personal lines policy forms that are

19  comprehensive multiperil policies providing full coverage of a

20  residential property equivalent to the coverage provided in

21  the private insurance market under an HO-3, HO-4, or HO-6

22  policy.

23         b.  Basic personal lines policy forms that are policies

24  similar to an HO-8 policy or a dwelling fire policy that

25  provide coverage meeting the requirements of the secondary

26  mortgage market, but which coverage is more limited than the

27  coverage under a standard policy.

28         c.  Commercial lines residential policy forms that are

29  generally similar to the basic perils of full coverage

30  obtainable for commercial residential structures in the

31  admitted voluntary market.

                                  30

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         d.  Personal lines and commercial lines residential

 2  property insurance forms that cover the peril of wind only.

 3  The forms are applicable only to residential properties

 4  located in areas eligible for coverage under the high-risk

 5  account referred to in sub-subparagraph (b)2.a.

 6         e.  Commercial lines nonresidential property insurance

 7  forms that cover the peril of wind only. The forms are

 8  applicable only to nonresidential properties located in areas

 9  eligible for coverage under the high-risk account referred to

10  in sub-subparagraph (b)2.a.

11         2.a.  Must provide that the corporation adopt a program

12  in which the corporation and authorized insurers enter into

13  quota share primary insurance agreements for hurricane

14  coverage, as defined in s. 627.4025(2)(a), for eligible risks,

15  and adopt property insurance forms for eligible risks which

16  cover the peril of wind only. As used in this subsection, the

17  term:

18         (I)  "Quota share primary insurance" means an

19  arrangement in which the primary hurricane coverage of an

20  eligible risk is provided in specified percentages by the

21  corporation and an authorized insurer. The corporation and

22  authorized insurer are each solely responsible for a specified

23  percentage of hurricane coverage of an eligible risk as set

24  forth in a quota share primary insurance agreement between the

25  corporation and an authorized insurer and the insurance

26  contract. The responsibility of the corporation or authorized

27  insurer to pay its specified percentage of hurricane losses of

28  an eligible risk, as set forth in the quota share primary

29  insurance agreement, may not be altered by the inability of

30  the other party to the agreement to pay its specified

31  percentage of hurricane losses. Eligible risks that are

                                  31

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  provided hurricane coverage through a quota share primary

 2  insurance arrangement must be provided policy forms that set

 3  forth the obligations of the corporation and authorized

 4  insurer under the arrangement, clearly specify the percentages

 5  of quota share primary insurance provided by the corporation

 6  and authorized insurer, and conspicuously and clearly state

 7  that neither the authorized insurer nor the corporation may be

 8  held responsible beyond its specified percentage of coverage

 9  of hurricane losses.

10         (II)  "Eligible risks" means personal lines residential

11  and commercial lines residential risks that meet the

12  underwriting criteria of the corporation and are located in

13  areas that were eligible for coverage by the Florida Windstorm

14  Underwriting Association on January 1, 2002.

15         b.  The corporation may enter into quota share primary

16  insurance agreements with authorized insurers at corporation

17  coverage levels of 90 percent and 50 percent.

18         c.  If the corporation determines that additional

19  coverage levels are necessary to maximize participation in

20  quota share primary insurance agreements by authorized

21  insurers, the corporation may establish additional coverage

22  levels. However, the corporation's quota share primary

23  insurance coverage level may not exceed 90 percent.

24         d.  Any quota share primary insurance agreement entered

25  into between an authorized insurer and the corporation must

26  provide for a uniform specified percentage of coverage of

27  hurricane losses, by county or territory as set forth by the

28  corporation board, for all eligible risks of the authorized

29  insurer covered under the quota share primary insurance

30  agreement.

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         e.  Any quota share primary insurance agreement entered

 2  into between an authorized insurer and the corporation is

 3  subject to review and approval by the office. However, such

 4  agreement shall be authorized only as to insurance contracts

 5  entered into between an authorized insurer and an insured who

 6  is already insured by the corporation for wind coverage.

 7         f.  For all eligible risks covered under quota share

 8  primary insurance agreements, the exposure and coverage levels

 9  for both the corporation and authorized insurers shall be

10  reported by the corporation to the Florida Hurricane

11  Catastrophe Fund. For all policies of eligible risks covered

12  under quota share primary insurance agreements, the

13  corporation and the authorized insurer shall maintain complete

14  and accurate records for the purpose of exposure and loss

15  reimbursement audits as required by Florida Hurricane

16  Catastrophe Fund rules. The corporation and the authorized

17  insurer shall each maintain duplicate copies of policy

18  declaration pages and supporting claims documents.

19         g.  The corporation board shall establish in its plan

20  of operation standards for quota share agreements which ensure

21  that there is no discriminatory application among insurers as

22  to the terms of quota share agreements, pricing of quota share

23  agreements, incentive provisions if any, and consideration

24  paid for servicing policies or adjusting claims.

25         h.  The quota share primary insurance agreement between

26  the corporation and an authorized insurer must set forth the

27  specific terms under which coverage is provided, including,

28  but not limited to, the sale and servicing of policies issued

29  under the agreement by the insurance agent of the authorized

30  insurer producing the business, the reporting of information

31  concerning eligible risks, the payment of premium to the

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  corporation, and arrangements for the adjustment and payment

 2  of hurricane claims incurred on eligible risks by the claims

 3  adjuster and personnel of the authorized insurer. Entering

 4  into a quota sharing insurance agreement between the

 5  corporation and an authorized insurer shall be voluntary and

 6  at the discretion of the authorized insurer.

 7         3.  May provide that the corporation may employ or

 8  otherwise contract with individuals or other entities to

 9  provide administrative or professional services that may be

10  appropriate to effectuate the plan. The corporation shall have

11  the power to borrow funds, by issuing bonds or by incurring

12  other indebtedness, and shall have other powers reasonably

13  necessary to effectuate the requirements of this subsection,

14  including, without limitation, the power to issue bonds and

15  incur other indebtedness in order to refinance outstanding

16  bonds or other indebtedness. The corporation may, but is not

17  required to, seek judicial validation of its bonds or other

18  indebtedness under chapter 75. The corporation may issue bonds

19  or incur other indebtedness, or have bonds issued on its

20  behalf by a unit of local government pursuant to subparagraph

21  (g)2., in the absence of a hurricane or other weather-related

22  event, upon a determination by the corporation, subject to

23  approval by the office, that such action would enable it to

24  efficiently meet the financial obligations of the corporation

25  and that such financings are reasonably necessary to

26  effectuate the requirements of this subsection. The

27  corporation is authorized to take all actions needed to

28  facilitate tax-free status for any such bonds or indebtedness,

29  including formation of trusts or other affiliated entities.

30  The corporation shall have the authority to pledge

31  assessments, projected recoveries from the Florida Hurricane

                                  34

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  Catastrophe Fund, other reinsurance recoverables, market

 2  equalization and other surcharges, and other funds available

 3  to the corporation as security for bonds or other

 4  indebtedness. In recognition of s. 10, Art. I of the State

 5  Constitution, prohibiting the impairment of obligations of

 6  contracts, it is the intent of the Legislature that no action

 7  be taken whose purpose is to impair any bond indenture or

 8  financing agreement or any revenue source committed by

 9  contract to such bond or other indebtedness.

10         4.a.  Must require that the corporation operate subject

11  to the supervision and approval of a board of governors

12  consisting of 8 individuals who are residents of this state,

13  from different geographical areas of this state. The Governor,

14  the Chief Financial Officer, the President of the Senate, and

15  the Speaker of the House of Representatives shall each appoint

16  two members of the board, effective August 1, 2005. At least

17  one of the two members appointed by each appointing officer

18  must have demonstrated expertise in insurance. The Chief

19  Financial Officer shall designate one of the appointees as

20  chair. All board members serve at the pleasure of the

21  appointing officer. All board members, including the chair,

22  must be appointed to serve for 3-year terms beginning annually

23  on a date designated by the plan. Any board vacancy shall be

24  filled for the unexpired term by the appointing officer. The

25  Chief Financial Officer shall appoint a technical advisory

26  group to provide information and advice to the board of

27  governors in connection with the board's duties under this

28  subsection. The executive director and senior managers of the

29  corporation shall be engaged by the board, as recommended by

30  the Chief Financial Officer, and serve at the pleasure of the

31  board. The executive director is responsible for employing

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  other staff as the corporation may require, subject to review

 2  and concurrence by the board and the Chief Financial Officer.

 3         b.  The board shall create a Market Accountability

 4  Advisory Committee to assist the corporation in developing

 5  awareness of its rates and its customer and agent service

 6  levels in relationship to the voluntary market insurers

 7  writing similar coverage. The members of the advisory

 8  committee shall consist of the following 11 persons, one of

 9  whom must be elected chair by the members of the committee:

10  four representatives, one appointed by the Florida Association

11  of Insurance Agents, one by the Florida Association of

12  Insurance and Financial Advisors, one by the Professional

13  Insurance Agents of Florida, and one by the Latin American

14  Association of Insurance Agencies; three representatives

15  appointed by the insurers with the three highest voluntary

16  market share of residential property insurance business in the

17  state; one representative from the Office of Insurance

18  Regulation; one consumer appointed by the board who is insured

19  by the corporation at the time of appointment to the

20  committee; one representative appointed by the Florida

21  Association of Realtors; and one representative appointed by

22  the Florida Bankers Association. All members must serve for

23  3-year terms and may serve for consecutive terms. The

24  committee shall report to the corporation at each board

25  meeting on insurance market issues which may include rates and

26  rate competition with the voluntary market; service, including

27  policy issuance, claims processing, and general responsiveness

28  to policyholders, applicants, and agents; and matters relating

29  to depopulation.

30         5.  Must provide a procedure for determining the

31  eligibility of a risk for coverage, as follows:

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         a.  Subject to the provisions of s. 627.3517, with

 2  respect to personal lines residential risks, if the risk is

 3  offered coverage from an authorized insurer at the insurer's

 4  approved rate under either a standard policy including wind

 5  coverage or, if consistent with the insurer's underwriting

 6  rules as filed with the office, a basic policy including wind

 7  coverage, the risk is not eligible for any policy issued by

 8  the corporation. If the risk is not able to obtain any such

 9  offer, the risk is eligible for either a standard policy

10  including wind coverage or a basic policy including wind

11  coverage issued by the corporation; however, if the risk could

12  not be insured under a standard policy including wind coverage

13  regardless of market conditions, the risk shall be eligible

14  for a basic policy including wind coverage unless rejected

15  under subparagraph 8. The corporation shall determine the type

16  of policy to be provided on the basis of objective standards

17  specified in the underwriting manual and based on generally

18  accepted underwriting practices.

19         (I)  If the risk accepts an offer of coverage through

20  the market assistance plan or an offer of coverage through a

21  mechanism established by the corporation before a policy is

22  issued to the risk by the corporation or during the first 30

23  days of coverage by the corporation, and the producing agent

24  who submitted the application to the plan or to the

25  corporation is not currently appointed by the insurer, the

26  insurer shall:

27         (A)  Pay to the producing agent of record of the

28  policy, for the first year, an amount that is the greater of

29  the insurer's usual and customary commission for the type of

30  policy written or a fee equal to the usual and customary

31  commission of the corporation; or

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         (B)  Offer to allow the producing agent of record of

 2  the policy to continue servicing the policy for a period of

 3  not less than 1 year and offer to pay the agent the greater of

 4  the insurer's or the corporation's usual and customary

 5  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         (II)  When the corporation enters into a contractual

11  agreement for a take-out plan, the producing agent of record

12  of the corporation policy is entitled to retain any unearned

13  commission on the policy, and the insurer shall:

14         (A)  Pay to the producing agent of record of the

15  corporation policy, for the first year, an amount that is the

16  greater of the insurer's usual and customary commission for

17  the type of policy written or a fee equal to the usual and

18  customary commission of the corporation; or

19         (B)  Offer to allow the producing agent of record of

20  the corporation policy to continue servicing the policy for a

21  period of not less than 1 year and offer to pay the agent the

22  greater of the insurer's or the corporation's usual and

23  customary commission for the type of policy written.

24  

25  If the producing agent is unwilling or unable to accept

26  appointment, the new insurer shall pay the agent in accordance

27  with sub-sub-sub-subparagraph (A).

28         b.  With respect to commercial lines residential risks,

29  if the risk is offered coverage under a policy including wind

30  coverage from an authorized insurer at its approved rate, the

31  risk is not eligible for any policy issued by the corporation.

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  If the risk is not able to obtain any such offer, the risk is

 2  eligible for a policy including wind coverage issued by the

 3  corporation.

 4         (I)  If the risk accepts an offer of coverage through

 5  the market assistance plan or an offer of coverage through a

 6  mechanism established by the corporation before a policy is

 7  issued to the risk by the corporation or during the first 30

 8  days of coverage by the corporation, and the producing agent

 9  who submitted the application to the plan or the corporation

10  is not currently appointed by the insurer, the insurer shall:

11         (A)  Pay to the producing agent of record of the

12  policy, for the first year, an amount that is the greater of

13  the insurer's usual and customary commission for the type of

14  policy written or a fee equal to the usual and customary

15  commission of the corporation; or

16         (B)  Offer to allow the producing agent of record of

17  the policy to continue servicing the policy for a period of

18  not less than 1 year and offer to pay the agent the greater of

19  the insurer's or the corporation's usual and customary

20  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         (II)  When the corporation enters into a contractual

26  agreement for a take-out plan, the producing agent of record

27  of the corporation policy is entitled to retain any unearned

28  commission on the policy, and the insurer shall:

29         (A)  Pay to the producing agent of record of the

30  corporation policy, for the first year, an amount that is the

31  greater of the insurer's usual and customary commission for

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  the type of policy written or a fee equal to the usual and

 2  customary commission of the corporation; or

 3         (B)  Offer to allow the producing agent of record of

 4  the corporation policy to continue servicing the policy for a

 5  period of not less than 1 year and offer to pay the agent the

 6  greater of the insurer's or the corporation's usual and

 7  customary commission for the type of policy written.

 8  

 9  If the producing agent is unwilling or unable to accept

10  appointment, the new insurer shall pay the agent in accordance

11  with sub-sub-sub-subparagraph (A).

12         c.  With respect to personal lines residential risks,

13  if the risk is a dwelling with an insured value of $1 million

14  or more, the risk is not eligible for any policy issued by the

15  corporation. Rates for a policy issued by an authorized

16  insurer covering a personal residential property not eligible

17  for coverage by the corporation and eligible for export under

18  s. 626.916 are not subject to s. 627.062.

19         6.  Must include rules for classifications of risks and

20  rates therefor.

21         7.  Must provide that if premium and investment income

22  for an account attributable to a particular calendar year are

23  in excess of projected losses and expenses for the account

24  attributable to that year, such excess shall be held in

25  surplus in the account. Such surplus shall be available to

26  defray deficits in that account as to future years and shall

27  be used for that purpose prior to assessing assessable

28  insurers and assessable insureds as to any calendar year.

29         8.  Must provide objective criteria and procedures to

30  be uniformly applied for all applicants in determining whether

31  an individual risk is so hazardous as to be uninsurable. In

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  making this determination and in establishing the criteria and

 2  procedures, the following shall be considered:

 3         a.  Whether the likelihood of a loss for the individual

 4  risk is substantially higher than for other risks of the same

 5  class; and

 6         b.  Whether the uncertainty associated with the

 7  individual risk is such that an appropriate premium cannot be

 8  determined.

 9  

10  The acceptance or rejection of a risk by the corporation shall

11  be construed as the private placement of insurance, and the

12  provisions of chapter 120 shall not apply.

13         9.  Must provide that the corporation shall make its

14  best efforts to procure catastrophe reinsurance at reasonable

15  rates, to cover its projected 100-year probable maximum loss

16  as determined by the board of governors.

17         10.  Must provide that in the event of regular deficit

18  assessments under sub-subparagraph (b)3.a. or sub-subparagraph

19  (b)3.b., in the personal lines homestead account, the

20  commercial lines residential homestead account, or the

21  high-risk homestead account, the corporation shall levy upon

22  corporation homestead account policyholders in its next rate

23  filing, or by a separate rate filing solely for this purpose,

24  a market equalization surcharge arising from a regular

25  assessment in such account in a percentage equal to the total

26  amount of such regular assessments divided by the aggregate

27  statewide direct written premium for subject lines of business

28  for the prior calendar year. Market equalization surcharges

29  under this subparagraph are not considered premium and are not

30  subject to commissions, fees, or premium taxes; however,

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  failure to pay a market equalization surcharge shall be

 2  treated as failure to pay premium.

 3         11.  The policies issued by the corporation must

 4  provide that, if the corporation or the market assistance plan

 5  obtains an offer from an authorized insurer to cover the risk

 6  at its approved rates, the risk is no longer eligible for

 7  renewal through the corporation.

 8         12.  Corporation policies and applications must include

 9  a notice that the corporation policy could, under this

10  section, be replaced with a policy issued by an authorized

11  insurer that does not provide coverage identical to the

12  coverage provided by the corporation. The notice shall also

13  specify that acceptance of corporation coverage creates a

14  conclusive presumption that the applicant or policyholder is

15  aware of this potential.

16         13.  May establish, subject to approval by the office,

17  different eligibility requirements and operational procedures

18  for any line or type of coverage for any specified county or

19  area if the board determines that such changes to the

20  eligibility requirements and operational procedures are

21  justified due to the voluntary market being sufficiently

22  stable and competitive in such area or for such line or type

23  of coverage and that consumers who, in good faith, are unable

24  to obtain insurance through the voluntary market through

25  ordinary methods would continue to have access to coverage

26  from the corporation. When coverage is sought in connection

27  with a real property transfer, such requirements and

28  procedures shall not provide for an effective date of coverage

29  later than the date of the closing of the transfer as

30  established by the transferor, the transferee, and, if

31  applicable, the lender.

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         14.  Must provide that, with respect to the high-risk

 2  homestead account, any assessable insurer with a surplus as to

 3  policyholders of $25 million or less writing 25 percent or

 4  more of its total countrywide property insurance premiums in

 5  this state may petition the office, within the first 90 days

 6  of each calendar year, to qualify as a limited apportionment

 7  company. In no event shall a limited apportionment company be

 8  required to participate in the portion of any assessment,

 9  within the high-risk account, pursuant to sub-subparagraph

10  (b)3.a. or sub-subparagraph (b)3.b. in the aggregate which

11  exceeds $50 million after payment of available high-risk

12  account funds in any calendar year. However, a limited

13  apportionment company shall collect from its policyholders any

14  emergency assessment imposed under sub-subparagraph (b)3.d.

15  The plan shall provide that, if the office determines that any

16  regular assessment will result in an impairment of the surplus

17  of a limited apportionment company, the office may direct that

18  all or part of such assessment be deferred as provided in

19  subparagraph (g)4. However, there shall be no limitation or

20  deferment of an emergency assessment to be collected from

21  policyholders under sub-subparagraph (b)3.d.

22         15.  Must provide that the corporation appoint as its

23  licensed agents only those agents who also hold an appointment

24  as defined in s. 626.015(3) with an insurer who at the time of

25  the agent's initial appointment by the corporation is

26  authorized to write and is actually writing personal lines

27  residential property coverage, commercial residential property

28  coverage, or commercial nonresidential property coverage

29  within the state.

30         16.  Must provide that the hurricane deductible for any

31  property in the nonhomestead account with an insured value of

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  $250,000 or more must be at least 5 percent of the insured

 2  value.

 3         17.  Must provide that the application for coverage

 4  under the nonhomestead account and the declaration page of

 5  each nonhomestead account policy include a statement in

 6  boldface 12-point type specifying that public subsidies do not

 7  support the corporation's coverage of nonhomestead property;

 8  that if the nonhomestead account of the corporation sustains a

 9  deficit or is unable to pay claims, the nonhomestead

10  policyholder may be subject to an immediate assessment in an

11  amount up to 100 percent of the premium and a further

12  assessment upon renewal of the policy; and that the applicant

13  or policyholder may wish to seek alternative coverage from a

14  nonadmitted insurer in the surplus lines market that will not

15  be subject to such potential assessments.

16         18.  Must provide that the application for coverage

17  under any of the homestead accounts and the declaration page

18  of each homestead account policy include a statement in

19  boldface 12-point type specifying that a false declaration of

20  homestead status for purposes of obtaining coverage in any of

21  the homestead accounts may constitute the offense of insurance

22  fraud, as prohibited and punishable as a felony under s.

23  817.234.

24         (d)1.a.  It is the intent of the Legislature that the

25  rates for coverage provided by the corporation be actuarially

26  sound and not competitive with approved rates charged in the

27  admitted voluntary market, so that the corporation functions

28  as a residual market mechanism to provide insurance only when

29  the insurance cannot be procured in the voluntary market.

30  Rates shall include an appropriate catastrophe loading factor

31  that reflects the actual catastrophic exposure of the

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  corporation. Any authorized insurer eligible to write

 2  insurance policies for wind in the high-risk account areas of

 3  the corporation may require arbitration under s. 627.062(6) of

 4  any filing of the high-risk account.

 5         b.  It is the intent of the Legislature to reaffirm the

 6  requirement of rate adequacy in the residual market.

 7  Recognizing that rates may comply with the intent expressed in

 8  sub-subparagraph a. and yet be inadequate and recognizing the

 9  public need to limit subsidies within the residual market, it

10  is the further intent of the Legislature to establish

11  statutory standards for rate adequacy. Such standards are

12  intended to supplement the standard specified in s.

13  627.062(2)(e)3., providing that rates are inadequate if they

14  are clearly insufficient to sustain projected losses and

15  expenses in the class of business to which they apply.

16         2.  For each county, the average rates of the

17  corporation for each line of business for personal lines

18  residential policies excluding rates for wind-only policies

19  shall be no lower than the average rates charged by the

20  insurer that had the highest average rate in that county among

21  the 20 insurers with the greatest total direct written premium

22  in the state for that line of business in the preceding year,

23  except that with respect to mobile home coverages, the average

24  rates of the corporation shall be no lower than the average

25  rates charged by the insurer that had the highest average rate

26  in that county among the 5 insurers with the greatest total

27  written premium for mobile home owner's policies in the state

28  in the preceding year.

29         3.  Rates for personal lines residential wind-only

30  policies must be actuarially sound and not competitive with

31  approved rates charged by authorized insurers. The rates for

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  the high-risk account shall be no less than rates in effect on

 2  March 1, 2006. Corporation rate manuals shall include a rate

 3  surcharge for seasonal occupancy. To ensure that personal

 4  lines residential wind-only rates are not competitive with

 5  approved rates charged by authorized insurers, the

 6  corporation, in conjunction with the office, shall develop a

 7  wind-only ratemaking methodology, which methodology shall be

 8  contained in each rate filing made by the corporation with the

 9  office. If the office determines that the wind-only rates or

10  rating factors filed by the corporation fail to comply with

11  the wind-only ratemaking methodology provided for in this

12  subsection, it shall so notify the corporation and require the

13  corporation to amend its rates or rating factors to come into

14  compliance within 90 days of notice from the office.

15         4.  For the purposes of establishing a pilot program to

16  evaluate issues relating to the availability and affordability

17  of insurance in an area where historically there has been

18  little market competition, the provisions of subparagraph 2.

19  do not apply to coverage provided by the corporation in Monroe

20  County if the office determines that a reasonable degree of

21  competition does not exist for personal lines residential

22  policies. The provisions of subparagraph 3. do not apply to

23  coverage provided by the corporation in Monroe County if the

24  office determines that a reasonable degree of competition does

25  not exist for personal lines residential policies in the area

26  of that county which is eligible for wind-only coverage. In

27  this county, the rates for personal lines residential coverage

28  shall be actuarially sound and not excessive, inadequate, or

29  unfairly discriminatory and are subject to the other

30  provisions of the paragraph and s. 627.062. The commission

31  shall adopt rules establishing the criteria for determining

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  whether a reasonable degree of competition exists for personal

 2  lines residential policies in Monroe County. By March 1, 2006,

 3  the office shall submit a report to the Legislature providing

 4  an evaluation of the implementation of the pilot program

 5  affecting Monroe County.

 6         5.  Rates for commercial lines coverage shall not be

 7  subject to the requirements of subparagraph 2., but shall be

 8  subject to all other requirements of this paragraph and s.

 9  627.062.

10         6.a.  Nothing in this paragraph shall require or allow

11  the corporation to adopt a rate that is inadequate under s.

12  627.062 or under sub-subparagraph b. or sub-subparagraph c.

13         b.  With respect to rates for coverage in any homestead

14  account, a rate is deemed inadequate if the rate is not

15  sufficient to generate, by means of cash flow, procurement of

16  coverage under the Florida Hurricane Catastrophe Fund;

17  procurement of reinsurance; and investment income, moneys

18  sufficient to pay all claims and expenses reasonably expected

19  to result from a 50-year probable maximum loss event without

20  resort to any regular or emergency assessments, long-term

21  debt, state revenues, or other funding sources that reflect

22  any subsidy from persons or entities other than corporation

23  homestead accounts policyholders.

24         c.  With respect to rates for coverage in the

25  nonhomestead account, a rate is deemed inadequate if the rate

26  is not sufficient to generate, by means of cash flow,

27  procurement of coverage under the Florida Hurricane

28  Catastrophe Fund; procurement of reinsurance; and investment

29  income, moneys sufficient to pay all claims and expenses

30  reasonably expected to result from a 250-year probable maximum

31  loss event without resort to any assessments, debt, state

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  revenues, or other funding sources that reflect any subsidy

 2  from persons or entities other than corporation nonhomestead

 3  account policyholders.

 4         7.  The corporation shall certify to the office at

 5  least twice annually that its personal lines rates comply with

 6  the requirements of subparagraphs 1., and 2., and 6. If any

 7  adjustment in the rates or rating factors of the corporation

 8  is necessary to ensure such compliance, the corporation shall

 9  make and implement such adjustments and file its revised rates

10  and rating factors with the office. If the office thereafter

11  determines that the revised rates and rating factors fail to

12  comply with the provisions of subparagraphs 1. and 2., it

13  shall notify the corporation and require the corporation to

14  amend its rates or rating factors in conjunction with its next

15  rate filing. The office must notify the corporation by

16  electronic means of any rate filing it approves for any

17  insurer among the insurers referred to in subparagraph 2. Any

18  authorized insurer eligible to write insurance policies for

19  wind in the high-risk account areas of the corporation may

20  require arbitration under s. 627.062(6) of any filing of the

21  high-risk account.

22         8.  In addition to the rates otherwise determined

23  pursuant to this paragraph, the corporation shall impose and

24  collect an amount equal to the premium tax provided for in s.

25  624.509 to augment the financial resources of the corporation.

26         9.a.  To assist the corporation in developing

27  additional ratemaking methods to assure compliance with

28  subparagraphs 1. and 4., the corporation shall appoint a rate

29  methodology panel consisting of one person recommended by the

30  Florida Association of Insurance Agents, one person

31  recommended by the Professional Insurance Agents of Florida,

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  one person recommended by the Florida Association of Insurance

 2  and Financial Advisors, one person recommended by the insurer

 3  with the highest voluntary market share of residential

 4  property insurance business in the state, one person

 5  recommended by the insurer with the second-highest voluntary

 6  market share of residential property insurance business in the

 7  state, one person recommended by an insurer writing commercial

 8  residential property insurance in this state, one person

 9  recommended by the Office of Insurance Regulation, and one

10  board member designated by the board chairman, who shall serve

11  as chairman of the panel.

12         b.  By January 1, 2004, the rate methodology panel

13  shall provide a report to the corporation of its findings and

14  recommendations for the use of additional ratemaking methods

15  and procedures, including the use of a rate equalization

16  surcharge in an amount sufficient to assure that the total

17  cost of coverage for policyholders or applicants to the

18  corporation is sufficient to comply with subparagraph 1.

19         c.  Within 30 days after such report, the corporation

20  shall present to the President of the Senate, the Speaker of

21  the House of Representatives, the minority party leaders of

22  each house of the Legislature, and the chairs of the standing

23  committees of each house of the Legislature having

24  jurisdiction of insurance issues, a plan for implementing the

25  additional ratemaking methods and an outline of any

26  legislation needed to facilitate use of the new methods.

27         d.  The plan must include a provision that producer

28  commissions paid by the corporation shall not be calculated in

29  such a manner as to include any rate equalization surcharge.

30  However, without regard to the plan to be developed or its

31  implementation, producer commissions paid by the corporation

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  for each account, other than the quota share primary program,

 2  shall remain fixed as to percentage, effective rate,

 3  calculation, and payment method until January 1, 2004.

 4         10.  By January 1, 2004, the corporation shall develop

 5  a notice to policyholders or applicants that the rates of

 6  Citizens Property Insurance Corporation are intended to be

 7  higher than the rates of any admitted carrier and providing

 8  other information the corporation deems necessary to assist

 9  consumers in finding other voluntary admitted insurers willing

10  to insure their property.

11         (e)  If coverage in an account is deactivated pursuant

12  to paragraph (f), coverage through the corporation shall be

13  reactivated by order of the office only under one of the

14  following circumstances:

15         1.  If the market assistance plan receives a minimum of

16  100 applications for coverage within a 3-month period, or 200

17  applications for coverage within a 1-year period or less for

18  residential coverage, unless the market assistance plan

19  provides a quotation from admitted carriers at their filed

20  rates for at least 90 percent of such applicants. Any market

21  assistance plan application that is rejected because an

22  individual risk is so hazardous as to be uninsurable using the

23  criteria specified in subparagraph (c)8. shall not be included

24  in the minimum percentage calculation provided herein. In the

25  event that there is a legal or administrative challenge to a

26  determination by the office that the conditions of this

27  subparagraph have been met for eligibility for coverage in the

28  corporation, any eligible risk may obtain coverage during the

29  pendency of such challenge.

30         2.  In response to a state of emergency declared by the

31  Governor under s. 252.36, the office may activate coverage by

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  order for the period of the emergency upon a finding by the

 2  office that the emergency significantly affects the

 3  availability of residential property insurance.

 4         (f)1.  The corporation shall file with the office

 5  quarterly statements of financial condition, an annual

 6  statement of financial condition, and audited financial

 7  statements in the manner prescribed by law. In addition, the

 8  corporation shall report to the office monthly on the types,

 9  premium, exposure, and distribution by county of its policies

10  in force, and shall submit other reports as the office

11  requires to carry out its oversight of the corporation.

12         2.  The activities of the corporation shall be reviewed

13  at least annually by the office to determine whether coverage

14  shall be deactivated in an account on the basis that the

15  conditions giving rise to its activation no longer exist.

16         (g)1.  The corporation shall certify to the office its

17  needs for annual assessments as to a particular calendar year,

18  and for any interim assessments that it deems to be necessary

19  to sustain operations as to a particular year pending the

20  receipt of annual assessments. Upon verification, the office

21  shall approve such certification, and the corporation shall

22  levy such annual or interim assessments. Such assessments

23  shall be prorated as provided in paragraph (b). The

24  corporation shall take all reasonable and prudent steps

25  necessary to collect the amount of assessment due from each

26  assessable insurer, including, if prudent, filing suit to

27  collect such assessment. If the corporation is unable to

28  collect an assessment from any assessable insurer, the

29  uncollected assessments shall be levied as an additional

30  assessment against the assessable insurers and any assessable

31  insurer required to pay an additional assessment as a result

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  of such failure to pay shall have a cause of action against

 2  such nonpaying assessable insurer. Assessments shall be

 3  included as an appropriate factor in the making of rates. The

 4  failure of a surplus lines agent to collect and remit any

 5  regular or emergency assessment levied by the corporation is

 6  considered to be a violation of s. 626.936 and subjects the

 7  surplus lines agent to the penalties provided in that section.

 8         2.  The governing body of any unit of local government,

 9  any residents of which are insured by the corporation, may

10  issue bonds as defined in s. 125.013 or s. 166.101 from time

11  to time to fund an assistance program, in conjunction with the

12  corporation, for the purpose of defraying deficits of the

13  corporation. In order to avoid needless and indiscriminate

14  proliferation, duplication, and fragmentation of such

15  assistance programs, any unit of local government, any

16  residents of which are insured by the corporation, may provide

17  for the payment of losses, regardless of whether or not the

18  losses occurred within or outside of the territorial

19  jurisdiction of the local government. Revenue bonds under this

20  subparagraph may not be issued until validated pursuant to

21  chapter 75, unless a state of emergency is declared by

22  executive order or proclamation of the Governor pursuant to s.

23  252.36 making such findings as are necessary to determine that

24  it is in the best interests of, and necessary for, the

25  protection of the public health, safety, and general welfare

26  of residents of this state and declaring it an essential

27  public purpose to permit certain municipalities or counties to

28  issue such bonds as will permit relief to claimants and

29  policyholders of the corporation. Any such unit of local

30  government may enter into such contracts with the corporation

31  and with any other entity created pursuant to this subsection

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  as are necessary to carry out this paragraph. Any bonds issued

 2  under this subparagraph shall be payable from and secured by

 3  moneys received by the corporation from emergency assessments

 4  under sub-subparagraph (b)3.d., and assigned and pledged to or

 5  on behalf of the unit of local government for the benefit of

 6  the holders of such bonds. The funds, credit, property, and

 7  taxing power of the state or of the unit of local government

 8  shall not be pledged for the payment of such bonds. If any of

 9  the bonds remain unsold 60 days after issuance, the office

10  shall require all insurers subject to assessment to purchase

11  the bonds, which shall be treated as admitted assets; each

12  insurer shall be required to purchase that percentage of the

13  unsold portion of the bond issue that equals the insurer's

14  relative share of assessment liability under this subsection.

15  An insurer shall not be required to purchase the bonds to the

16  extent that the office determines that the purchase would

17  endanger or impair the solvency of the insurer.

18         3.a.  The corporation shall adopt one or more programs

19  subject to approval by the office for the reduction of both

20  new and renewal writings in the corporation. The corporation

21  may consider any prudent and not unfairly discriminatory

22  approach to reducing corporation writings, and may adopt a

23  credit against assessment liability or other liability that

24  provides an incentive for insurers to take risks out of the

25  corporation and to keep risks out of the corporation by

26  maintaining or increasing voluntary writings in counties or

27  areas in which corporation risks are highly concentrated and a

28  program to provide a formula under which an insurer

29  voluntarily taking risks out of the corporation by maintaining

30  or increasing voluntary writings will be relieved wholly or

31  partially from assessments under sub-subparagraphs (b)3.a. and

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  b. When the corporation enters into a contractual agreement

 2  for a take-out plan, the producing agent of record of the

 3  corporation policy is entitled to retain any unearned

 4  commission on such policy, and the insurer shall either:

 5         (I)  Pay to the producing agent of record of the

 6  policy, for the first year, an amount which is the greater of

 7  the insurer's usual and customary commission for the type of

 8  policy written or a policy fee equal to the usual and

 9  customary commission of the corporation; or

10         (II)  Offer to allow the producing agent of record of

11  the policy to continue servicing the policy for a period of

12  not less than 1 year and offer to pay the agent the insurer's

13  usual and customary commission for the type of policy written.

14  If the producing agent is unwilling or unable to accept

15  appointment by the new insurer, the new insurer shall pay the

16  agent in accordance with sub-sub-subparagraph (I).

17         b.  Any credit or exemption from regular assessments

18  adopted under this subparagraph shall last no longer than the

19  3 years following the cancellation or expiration of the policy

20  by the corporation. With the approval of the office, the board

21  may extend such credits for an additional year if the insurer

22  guarantees an additional year of renewability for all policies

23  removed from the corporation, or for 2 additional years if the

24  insurer guarantees 2 additional years of renewability for all

25  policies so removed.

26         c.  There shall be no credit, limitation, exemption, or

27  deferment from emergency assessments to be collected from

28  policyholders pursuant to sub-subparagraph (b)3.d.

29         4.  The plan shall provide for the deferment, in whole

30  or in part, of the assessment of an assessable insurer, other

31  than an emergency assessment collected from policyholders

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  pursuant to sub-subparagraph (b)3.d., if the office finds that

 2  payment of the assessment would endanger or impair the

 3  solvency of the insurer. In the event an assessment against an

 4  assessable insurer is deferred in whole or in part, the amount

 5  by which such assessment is deferred may be assessed against

 6  the other assessable insurers in a manner consistent with the

 7  basis for assessments set forth in paragraph (b).

 8         (h)  Nothing in this subsection shall be construed to

 9  preclude the issuance of residential property insurance

10  coverage pursuant to part VIII of chapter 626.

11         (i)  There shall be no liability on the part of, and no

12  cause of action of any nature shall arise against, any

13  assessable insurer or its agents or employees, the corporation

14  or its agents or employees, members of the board of governors

15  or their respective designees at a board meeting, corporation

16  committee members, or the office or its representatives, for

17  any action taken by them in the performance of their duties or

18  responsibilities under this subsection. Such immunity does not

19  apply to:

20         1.  Any of the foregoing persons or entities for any

21  willful tort;

22         2.  The corporation or its producing agents for breach

23  of any contract or agreement pertaining to insurance coverage;

24         3.  The corporation with respect to issuance or payment

25  of debt; or

26         4.  Any assessable insurer with respect to any action

27  to enforce an assessable insurer's obligations to the

28  corporation under this subsection.

29         (j)  For the purposes of s. 199.183(1), the corporation

30  shall be considered a political subdivision of the state and

31  shall be exempt from the corporate income tax. The premiums,

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  assessments, investment income, and other revenue of the

 2  corporation are funds received for providing property

 3  insurance coverage as required by this subsection, paying

 4  claims for Florida citizens insured by the corporation,

 5  securing and repaying debt obligations issued by the

 6  corporation, and conducting all other activities of the

 7  corporation, and shall not be considered taxes, fees,

 8  licenses, or charges for services imposed by the Legislature

 9  on individuals, businesses, or agencies outside state

10  government. Bonds and other debt obligations issued by or on

11  behalf of the corporation are not to be considered "state

12  bonds" within the meaning of s. 215.58(8). The corporation is

13  not subject to the procurement provisions of chapter 287, and

14  policies and decisions of the corporation relating to

15  incurring debt, levying of assessments and the sale, issuance,

16  continuation, terms and claims under corporation policies, and

17  all services relating thereto, are not subject to the

18  provisions of chapter 120. The corporation is not required to

19  obtain or to hold a certificate of authority issued by the

20  office, nor is it required to participate as a member insurer

21  of the Florida Insurance Guaranty Association. However, the

22  corporation is required to pay, in the same manner as an

23  authorized insurer, assessments pledged by the Florida

24  Insurance Guaranty Association to secure bonds issued or other

25  indebtedness incurred to pay covered claims arising from

26  insurer insolvencies caused by, or proximately related to,

27  hurricane losses. It is the intent of the Legislature that the

28  tax exemptions provided in this paragraph will augment the

29  financial resources of the corporation to better enable the

30  corporation to fulfill its public purposes. Any bonds issued

31  by the corporation, their transfer, and the income therefrom,

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  including any profit made on the sale thereof, shall at all

 2  times be free from taxation of every kind by the state and any

 3  political subdivision or local unit or other instrumentality

 4  thereof; however, this exemption does not apply to any tax

 5  imposed by chapter 220 on interest, income, or profits on debt

 6  obligations owned by corporations other than the corporation.

 7         (k)  Upon a determination by the office that the

 8  conditions giving rise to the establishment and activation of

 9  the corporation no longer exist, the corporation is dissolved.

10  Upon dissolution, the assets of the corporation shall be

11  applied first to pay all debts, liabilities, and obligations

12  of the corporation, including the establishment of reasonable

13  reserves for any contingent liabilities or obligations, and

14  all remaining assets of the corporation shall become property

15  of the state and shall be deposited in the Florida Hurricane

16  Catastrophe Fund. However, no dissolution shall take effect as

17  long as the corporation has bonds or other financial

18  obligations outstanding unless adequate provision has been

19  made for the payment of the bonds or other financial

20  obligations pursuant to the documents authorizing the issuance

21  of the bonds or other financial obligations.

22         (l)1.  Effective July 1, 2002, policies of the

23  Residential Property and Casualty Joint Underwriting

24  Association shall become policies of the corporation. All

25  obligations, rights, assets and liabilities of the Residential

26  Property and Casualty Joint Underwriting Association,

27  including bonds, note and debt obligations, and the financing

28  documents pertaining to them become those of the corporation

29  as of July 1, 2002. The corporation is not required to issue

30  endorsements or certificates of assumption to insureds during

31  the remaining term of in-force transferred policies.

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         2.  Effective July 1, 2002, policies of the Florida

 2  Windstorm Underwriting Association are transferred to the

 3  corporation and shall become policies of the corporation. All

 4  obligations, rights, assets, and liabilities of the Florida

 5  Windstorm Underwriting Association, including bonds, note and

 6  debt obligations, and the financing documents pertaining to

 7  them are transferred to and assumed by the corporation on July

 8  1, 2002. The corporation is not required to issue endorsement

 9  or certificates of assumption to insureds during the remaining

10  term of in-force transferred policies.

11         3.  The Florida Windstorm Underwriting Association and

12  the Residential Property and Casualty Joint Underwriting

13  Association shall take all actions as may be proper to further

14  evidence the transfers and shall provide the documents and

15  instruments of further assurance as may reasonably be

16  requested by the corporation for that purpose. The corporation

17  shall execute assumptions and instruments as the trustees or

18  other parties to the financing documents of the Florida

19  Windstorm Underwriting Association or the Residential Property

20  and Casualty Joint Underwriting Association may reasonably

21  request to further evidence the transfers and assumptions,

22  which transfers and assumptions, however, are effective on the

23  date provided under this paragraph whether or not, and

24  regardless of the date on which, the assumptions or

25  instruments are executed by the corporation. Subject to the

26  relevant financing documents pertaining to their outstanding

27  bonds, notes, indebtedness, or other financing obligations,

28  the moneys, investments, receivables, choses in action, and

29  other intangibles of the Florida Windstorm Underwriting

30  Association shall be credited to the high-risk account of the

31  corporation, and those of the personal lines residential

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  coverage account and the commercial lines residential coverage

 2  account of the Residential Property and Casualty Joint

 3  Underwriting Association shall be credited to the personal

 4  lines account and the commercial lines account, respectively,

 5  of the corporation.

 6         4.  Effective July 1, 2002, a new applicant for

 7  property insurance coverage who would otherwise have been

 8  eligible for coverage in the Florida Windstorm Underwriting

 9  Association is eligible for coverage from the corporation as

10  provided in this subsection.

11         5.  The transfer of all policies, obligations, rights,

12  assets, and liabilities from the Florida Windstorm

13  Underwriting Association to the corporation and the renaming

14  of the Residential Property and Casualty Joint Underwriting

15  Association as the corporation shall in no way affect the

16  coverage with respect to covered policies as defined in s.

17  215.555(2)(c) provided to these entities by the Florida

18  Hurricane Catastrophe Fund. The coverage provided by the

19  Florida Hurricane Catastrophe Fund to the Florida Windstorm

20  Underwriting Association based on its exposures as of June 30,

21  2002, and each June 30 thereafter shall be redesignated as

22  coverage for the high-risk account of the corporation.

23  Notwithstanding any other provision of law, the coverage

24  provided by the Florida Hurricane Catastrophe Fund to the

25  Residential Property and Casualty Joint Underwriting

26  Association based on its exposures as of June 30, 2002, and

27  each June 30 thereafter shall be transferred to the personal

28  lines account and the commercial lines account of the

29  corporation. Notwithstanding any other provision of law, the

30  high-risk account shall be treated, for all Florida Hurricane

31  Catastrophe Fund purposes, as if it were a separate

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  participating insurer with its own exposures, reimbursement

 2  premium, and loss reimbursement. Likewise, the personal lines

 3  and commercial lines accounts shall be viewed together, for

 4  all Florida Hurricane Catastrophe Fund purposes, as if the two

 5  accounts were one and represent a single, separate

 6  participating insurer with its own exposures, reimbursement

 7  premium, and loss reimbursement. The coverage provided by the

 8  Florida Hurricane Catastrophe Fund to the corporation shall

 9  constitute and operate as a full transfer of coverage from the

10  Florida Windstorm Underwriting Association and Residential

11  Property and Casualty Joint Underwriting to the corporation.

12         (m)  Notwithstanding any other provision of law:

13         1.  The pledge or sale of, the lien upon, and the

14  security interest in any rights, revenues, or other assets of

15  the corporation created or purported to be created pursuant to

16  any financing documents to secure any bonds or other

17  indebtedness of the corporation shall be and remain valid and

18  enforceable, notwithstanding the commencement of and during

19  the continuation of, and after, any rehabilitation,

20  insolvency, liquidation, bankruptcy, receivership,

21  conservatorship, reorganization, or similar proceeding against

22  the corporation under the laws of this state.

23         2.  No such proceeding shall relieve the corporation of

24  its obligation, or otherwise affect its ability to perform its

25  obligation, to continue to collect, or levy and collect,

26  assessments, market equalization or other surcharges under

27  subparagraph (c)10., or any other rights, revenues, or other

28  assets of the corporation pledged pursuant to any financing

29  documents.

30         3.  Each such pledge or sale of, lien upon, and

31  security interest in, including the priority of such pledge,

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  lien, or security interest, any such assessments, market

 2  equalization or other surcharges, or other rights, revenues,

 3  or other assets which are collected, or levied and collected,

 4  after the commencement of and during the pendency of, or

 5  after, any such proceeding shall continue unaffected by such

 6  proceeding. As used in this subsection, the term "financing

 7  documents" means any agreement or agreements, instrument or

 8  instruments, or other document or documents now existing or

 9  hereafter created evidencing any bonds or other indebtedness

10  of the corporation or pursuant to which any such bonds or

11  other indebtedness has been or may be issued and pursuant to

12  which any rights, revenues, or other assets of the corporation

13  are pledged or sold to secure the repayment of such bonds or

14  indebtedness, together with the payment of interest on such

15  bonds or such indebtedness, or the payment of any other

16  obligation or financial product, as defined in the plan of

17  operation of the corporation related to such bonds or

18  indebtedness.

19         4.  Any such pledge or sale of assessments, revenues,

20  contract rights, or other rights or assets of the corporation

21  shall constitute a lien and security interest, or sale, as the

22  case may be, that is immediately effective and attaches to

23  such assessments, revenues, or contract rights or other rights

24  or assets, whether or not imposed or collected at the time the

25  pledge or sale is made. Any such pledge or sale is effective,

26  valid, binding, and enforceable against the corporation or

27  other entity making such pledge or sale, and valid and binding

28  against and superior to any competing claims or obligations

29  owed to any other person or entity, including policyholders in

30  this state, asserting rights in any such assessments,

31  revenues, or contract rights or other rights or assets to the

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  extent set forth in and in accordance with the terms of the

 2  pledge or sale contained in the applicable financing

 3  documents, whether or not any such person or entity has notice

 4  of such pledge or sale and without the need for any physical

 5  delivery, recordation, filing, or other action.

 6         (n)1.  The following records of the corporation are

 7  confidential and exempt from the provisions of s. 119.07(1)

 8  and s. 24(a), Art. I of the State Constitution:

 9         a.  Underwriting files, except that a policyholder or

10  an applicant shall have access to his or her own underwriting

11  files.

12         b.  Claims files, until termination of all litigation

13  and settlement of all claims arising out of the same incident,

14  although portions of the claims files may remain exempt, as

15  otherwise provided by law. Confidential and exempt claims file

16  records may be released to other governmental agencies upon

17  written request and demonstration of need; such records held

18  by the receiving agency remain confidential and exempt as

19  provided for herein.

20         c.  Records obtained or generated by an internal

21  auditor pursuant to a routine audit, until the audit is

22  completed, or if the audit is conducted as part of an

23  investigation, until the investigation is closed or ceases to

24  be active. An investigation is considered "active" while the

25  investigation is being conducted with a reasonable, good faith

26  belief that it could lead to the filing of administrative,

27  civil, or criminal proceedings.

28         d.  Matters reasonably encompassed in privileged

29  attorney-client communications.

30  

31  

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1         e.  Proprietary information licensed to the corporation

 2  under contract and the contract provides for the

 3  confidentiality of such proprietary information.

 4         f.  All information relating to the medical condition

 5  or medical status of a corporation employee which is not

 6  relevant to the employee's capacity to perform his or her

 7  duties, except as otherwise provided in this paragraph.

 8  Information which is exempt shall include, but is not limited

 9  to, information relating to workers' compensation, insurance

10  benefits, and retirement or disability benefits.

11         g.  Upon an employee's entrance into the employee

12  assistance program, a program to assist any employee who has a

13  behavioral or medical disorder, substance abuse problem, or

14  emotional difficulty which affects the employee's job

15  performance, all records relative to that participation shall

16  be confidential and exempt from the provisions of s. 119.07(1)

17  and s. 24(a), Art. I of the State Constitution, except as

18  otherwise provided in s. 112.0455(11).

19         h.  Information relating to negotiations for financing,

20  reinsurance, depopulation, or contractual services, until the

21  conclusion of the negotiations.

22         i.  Minutes of closed meetings regarding underwriting

23  files, and minutes of closed meetings regarding an open claims

24  file until termination of all litigation and settlement of all

25  claims with regard to that claim, except that information

26  otherwise confidential or exempt by law will be redacted.

27  

28  When an authorized insurer is considering underwriting a risk

29  insured by the corporation, relevant underwriting files and

30  confidential claims files may be released to the insurer

31  provided the insurer agrees in writing, notarized and under

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  oath, to maintain the confidentiality of such files. When a

 2  file is transferred to an insurer that file is no longer a

 3  public record because it is not held by an agency subject to

 4  the provisions of the public records law. Underwriting files

 5  and confidential claims files may also be released to staff of

 6  and the board of governors of the market assistance plan

 7  established pursuant to s. 627.3515, who must retain the

 8  confidentiality of such files, except such files may be

 9  released to authorized insurers that are considering assuming

10  the risks to which the files apply, provided the insurer

11  agrees in writing, notarized and under oath, to maintain the

12  confidentiality of such files. Finally, the corporation or the

13  board or staff of the market assistance plan may make the

14  following information obtained from underwriting files and

15  confidential claims files available to licensed general lines

16  insurance agents: name, address, and telephone number of the

17  residential property owner or insured; location of the risk;

18  rating information; loss history; and policy type. The

19  receiving licensed general lines insurance agent must retain

20  the confidentiality of the information received.

21         2.  Portions of meetings of the corporation are exempt

22  from the provisions of s. 286.011 and s. 24(b), Art. I of the

23  State Constitution wherein confidential underwriting files or

24  confidential open claims files are discussed. All portions of

25  corporation meetings which are closed to the public shall be

26  recorded by a court reporter. The court reporter shall record

27  the times of commencement and termination of the meeting, all

28  discussion and proceedings, the names of all persons present

29  at any time, and the names of all persons speaking. No portion

30  of any closed meeting shall be off the record. Subject to the

31  provisions hereof and s. 119.07(1)(b)-(d), the court

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  reporter's notes of any closed meeting shall be retained by

 2  the corporation for a minimum of 5 years. A copy of the

 3  transcript, less any exempt matters, of any closed meeting

 4  wherein claims are discussed shall become public as to

 5  individual claims after settlement of the claim.

 6         (o)  It is the intent of the Legislature that the

 7  amendments to this subsection enacted in 2002 should, over

 8  time, reduce the probable maximum windstorm losses in the

 9  residual markets and should reduce the potential assessments

10  to be levied on property insurers and policyholders statewide.

11  In furtherance of this intent:

12         1.  The board shall, on or before February 1 of each

13  year, provide a report to the President of the Senate and the

14  Speaker of the House of Representatives showing the reduction

15  or increase in the 100-year probable maximum loss attributable

16  to wind-only coverages and the quota share program under this

17  subsection combined, as compared to the benchmark 100-year

18  probable maximum loss of the Florida Windstorm Underwriting

19  Association. For purposes of this paragraph, the benchmark

20  100-year probable maximum loss of the Florida Windstorm

21  Underwriting Association shall be the calculation dated

22  February 2001 and based on November 30, 2000, exposures. In

23  order to ensure comparability of data, the board shall use the

24  same methods for calculating its probable maximum loss as were

25  used to calculate the benchmark probable maximum loss. The

26  reduction or increase in probable maximum loss shall be

27  calculated without taking into account the probable maximum

28  loss attributable to the nonhomestead account.

29         2.  Beginning February 1, 2010 2007, if the report

30  under subparagraph 1. for any year indicates that the 100-year

31  probable maximum loss attributable to wind-only coverages and

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  the quota share program combined does not reflect a reduction

 2  of at least 25 percent from the benchmark, the board shall

 3  reduce the boundaries of the high-risk area eligible for

 4  wind-only coverages under this subsection in a manner

 5  calculated to reduce such probable maximum loss to an amount

 6  at least 25 percent below the benchmark.

 7         3.  Beginning February 1, 2015 2012, if the report

 8  under subparagraph 1. for any year indicates that the 100-year

 9  probable maximum loss attributable to wind-only coverages and

10  the quota share program combined does not reflect a reduction

11  of at least 50 percent from the benchmark, the boundaries of

12  the high-risk area eligible for wind-only coverages under this

13  subsection shall be reduced by the elimination of any area

14  that is not seaward of a line 1,000 feet inland from the

15  Intracoastal Waterway.

16         (p)  In enacting the provisions of this section, the

17  Legislature recognizes that both the Florida Windstorm

18  Underwriting Association and the Residential Property and

19  Casualty Joint Underwriting Association have entered into

20  financing arrangements that obligate each entity to service

21  its debts and maintain the capacity to repay funds secured

22  under these financing arrangements. It is the intent of the

23  Legislature that nothing in this section be construed to

24  compromise, diminish, or interfere with the rights of

25  creditors under such financing arrangements. It is further the

26  intent of the Legislature to preserve the obligations of the

27  Florida Windstorm Underwriting Association and Residential

28  Property and Casualty Joint Underwriting Association with

29  regard to outstanding financing arrangements, with such

30  obligations passing entirely and unchanged to the corporation

31  and, specifically, to the applicable account of the

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 1  corporation. So long as any bonds, notes, indebtedness, or

 2  other financing obligations of the Florida Windstorm

 3  Underwriting Association or the Residential Property and

 4  Casualty Joint Underwriting Association are outstanding, under

 5  the terms of the financing documents pertaining to them, the

 6  governing board of the corporation shall have and shall

 7  exercise the authority to levy, charge, collect, and receive

 8  all premiums, assessments, surcharges, charges, revenues, and

 9  receipts that the associations had authority to levy, charge,

10  collect, or receive under the provisions of subsection (2) and

11  this subsection, respectively, as they existed on January 1,

12  2002, to provide moneys, without exercise of the authority

13  provided by this subsection, in at least the amounts, and by

14  the times, as would be provided under those former provisions

15  of subsection (2) or this subsection, respectively, so that

16  the value, amount, and collectability of any assets, revenues,

17  or revenue source pledged or committed to, or any lien thereon

18  securing such outstanding bonds, notes, indebtedness, or other

19  financing obligations will not be diminished, impaired, or

20  adversely affected by the amendments made by this act and to

21  permit compliance with all provisions of financing documents

22  pertaining to such bonds, notes, indebtedness, or other

23  financing obligations, or the security or credit enhancement

24  for them, and any reference in this subsection to bonds,

25  notes, indebtedness, financing obligations, or similar

26  obligations, of the corporation shall include like instruments

27  or contracts of the Florida Windstorm Underwriting Association

28  and the Residential Property and Casualty Joint Underwriting

29  Association to the extent not inconsistent with the provisions

30  of the financing documents pertaining to them.

31  

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 1         (q)  The corporation shall not require the securing of

 2  flood insurance as a condition of coverage if the insured or

 3  applicant executes a form approved by the office affirming

 4  that flood insurance is not provided by the corporation and

 5  that if flood insurance is not secured by the applicant or

 6  insured in addition to coverage by the corporation, the risk

 7  will not be covered for flood damage. A corporation

 8  policyholder electing not to secure flood insurance and

 9  executing a form as provided herein making a claim for water

10  damage against the corporation shall have the burden of

11  proving the damage was not caused by flooding. Notwithstanding

12  other provisions of this subsection, the corporation may deny

13  coverage to an applicant or insured who refuses to execute the

14  form described herein.

15         (r)  A salaried employee of the corporation who

16  performs policy administration services subsequent to the

17  effectuation of a corporation policy is not required to be

18  licensed as an agent under the provisions of s. 626.112.

19         (s)  The transition to homestead and nonhomestead

20  accounts shall begin on October 1, 2006. A policy issued on or

21  after that date shall be issued in the applicable homestead

22  account or the nonhomestead account, based upon whether the

23  property constitutes homestead property as provided in

24  subparagraph (b)2. A policy in effect on October 1, 2006,

25  shall be placed in the applicable homestead account or the

26  nonhomestead account, based upon whether the property

27  constitutes homestead property as provided in subparagraph

28  (b)2., upon the first renewal of such policy after October 1,

29  2006.

30         Section 5.  Paragraph (b) of subsection (3) of section

31  627.4035, Florida Statutes, is amended to read:

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 1         627.4035  Cash payment of premiums; claims.--

 2         (3)  All payments of claims made in this state under

 3  any contract of insurance shall be paid:

 4         (b)  If authorized in writing by the recipient or the

 5  recipient's representative, by debit card or any other form of

 6  electronic transfer. Any fees or costs to be charged against

 7  the recipient must be disclosed in writing to the recipient or

 8  the recipient's representative at the time of written

 9  authorization. However, the written authorization requirement

10  may be waived by the recipient or the recipient's

11  representative if the insurer verifies the identity of the

12  insured or the insured's recipient and does not charge a fee

13  for the transaction. If the funds are misdirected, the insurer

14  would remain liable for the payment of the claim.

15         Section 6.  Subsections (2) and (3) of section

16  627.7011, Florida Statutes, are amended to read:

17         627.7011  Homeowners' policies; offer of replacement

18  cost coverage and law and ordinance coverage.--

19         (2)  Unless the insurer obtains the policyholder's

20  written refusal of the policies or endorsements specified in

21  subsection (1), any policy covering the dwelling is deemed to

22  include the law and ordinance coverage specified in paragraph

23  (1)(b), limited to 25 percent of the dwelling limit. The

24  rejection or selection of alternative coverage shall be made

25  on a form approved by the office. The form shall fully advise

26  the applicant of the nature of the coverage being rejected. If

27  this form is signed by a named insured, it will be

28  conclusively presumed that there was an informed, knowing

29  rejection of the coverage or election of the alternative

30  coverage on behalf of all insureds. Unless the policyholder

31  requests in writing the coverage specified in this section, it

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 1  need not be provided in or supplemental to any other policy

 2  that renews, insures, extends, changes, supersedes, or

 3  replaces an existing policy when the policyholder has rejected

 4  the coverage specified in this section or has selected

 5  alternative coverage. The insurer must provide such

 6  policyholder with notice of the availability of such coverage

 7  in a form approved by the office at least once every 3 years.

 8  The failure to provide such notice constitutes a violation of

 9  this code, but does not affect the coverage provided under the

10  policy.

11         (3)  In the event of a loss for which a dwelling or

12  personal property is insured on the basis of replacement

13  costs, the insurer shall pay the replacement cost without

14  reservation or holdback of any depreciation in value, whether

15  or not the insured replaces or repairs the dwelling or

16  property.

17         Section 7.  Section 627.7019, Florida Statutes, is

18  created to read:

19         627.7019  Standardization of requirements applicable to

20  insurers after natural disasters.--

21         (1)  The commission shall adopt by rule, pursuant to s.

22  120.54(1)-(3), standardized requirements that may be applied

23  to insurers as a consequence of a hurricane or other natural

24  disaster. The rules shall address the following areas:

25         (a)  Claims reporting requirements.

26         (b)  Grace periods for payment of premiums and

27  performance of other duties by insureds.

28         (c)  Temporary postponement of cancellations and

29  nonrenewals.

30         (2)  The rules adopted pursuant to this section shall

31  require the office to issue an order within 72 hours after the

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 1  occurrence of a hurricane or other natural disaster

 2  specifying, by line of insurance, which of the standardized

 3  requirements apply, the geographic areas in which they apply,

 4  the time at which applicability commences, and the time at

 5  which applicability terminates.

 6         (3)  The commission and the office may not adopt an

 7  emergency rule under s. 120.54(4) in conflict with any

 8  provision of the rules adopted under this section.

 9         (4)  The commission shall initiate rulemaking under

10  this section no later than June 1, 2006.

11         Section 8.  Paragraph (a) of subsection (1) of section

12  817.234, Florida Statutes, is amended to read:

13         817.234  False and fraudulent insurance claims.--

14         (1)(a)  A person commits insurance fraud punishable as

15  provided in subsection (11) if that person, with the intent to

16  injure, defraud, or deceive any insurer:

17         1.  Presents or causes to be presented any written or

18  oral statement as part of, or in support of, a claim for

19  payment or other benefit pursuant to an insurance policy or a

20  health maintenance organization subscriber or provider

21  contract, knowing that such statement contains any false,

22  incomplete, or misleading information concerning any fact or

23  thing material to such claim;

24         2.  Prepares or makes any written or oral statement

25  that is intended to be presented to any insurer in connection

26  with, or in support of, any claim for payment or other benefit

27  pursuant to an insurance policy or a health maintenance

28  organization subscriber or provider contract, knowing that

29  such statement contains any false, incomplete, or misleading

30  information concerning any fact or thing material to such

31  claim; or

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 1         3.a.  Knowingly presents, causes to be presented, or

 2  prepares or makes with knowledge or belief that it will be

 3  presented to any insurer, purported insurer, servicing

 4  corporation, insurance broker, or insurance agent, or any

 5  employee or agent thereof, any false, incomplete, or

 6  misleading information or written or oral statement as part

 7  of, or in support of, an application for the issuance of, or

 8  the rating of, any insurance policy, or a health maintenance

 9  organization subscriber or provider contract, including any

10  false declaration of homestead status for the purpose of

11  obtaining coverage in a homestead account under s. 627.351(6);

12  or

13         b.  Who knowingly conceals information concerning any

14  fact material to such application.

15         Section 9.  Paragraph (f) is added to subsection (2) of

16  section 631.181, Florida Statutes, to read:

17         631.181  Filing and proof of claim.--

18         (2)

19         (f)  The signed statement required by this section

20  shall not be required on claims for which adequate claims file

21  documentation exists within the records of the insolvent

22  insurer. Claims for payment of unearned premium shall not be

23  required to use the signed statement required by this section

24  if the receiver certifies to the guaranty fund that the

25  records of the insolvent insurer are sufficient to determine

26  the amount of unearned premium owed to each policyholder of

27  the insurer and such information is remitted to the guaranty

28  fund by the receiver in electronic or other mutually

29  agreed-upon format.

30         Section 10.  Subsection (3) of section 631.54, Florida

31  Statutes, is amended to read:

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 1         631.54  Definitions.--As used in this part:

 2         (3)  "Covered claim" means an unpaid claim, including

 3  one of unearned premiums, which arises out of, and is within

 4  the coverage, and not in excess of, the applicable limits of

 5  an insurance policy to which this part applies, issued by an

 6  insurer, if such insurer becomes an insolvent insurer and the

 7  claimant or insured is a resident of this state at the time of

 8  the insured event or the property from which the claim arises

 9  is permanently located in this state. For entities other than

10  individuals, the residence of a claimant, insured, or

11  policyholder is the state in which the entity's principal

12  place of business is located at the time of the insured event.

13  "Covered claim" shall not include:

14         (a)  Any amount due any reinsurer, insurer, insurance

15  pool, or underwriting association, sought directly or

16  indirectly through a third party, as subrogation,

17  contribution, indemnification, or otherwise; or

18         (b)  Any claim that would otherwise be a covered claim

19  under this part that has been rejected by any other state

20  guaranty fund on the grounds that an insured's net worth is

21  greater than that allowed under that state's guaranty law.

22  Member insurers shall have no right of subrogation,

23  contribution, indemnification, or otherwise, sought directly

24  or indirectly through a third party, against the insured of

25  any insolvent member.

26         Section 11.  Paragraph (a) of subsection (1), paragraph

27  (d) of subsection (2), and paragraph (a) of subsection (3) of

28  section 631.57, Florida Statutes, are amended, and paragraph

29  (e) is added to subsection (3) of that section, to read:

30         631.57  Powers and duties of the association.--

31         (1)  The association shall:

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 1         (a)1.  Be obligated to the extent of the covered claims

 2  existing:

 3         a.  Prior to adjudication of insolvency and arising

 4  within 30 days after the determination of insolvency;

 5         b.  Before the policy expiration date if less than 30

 6  days after the determination; or

 7         c.  Before the insured replaces the policy or causes

 8  its cancellation, if she or he does so within 30 days of the

 9  determination.

10         2.a.  The obligation under subparagraph 1. shall

11  include only that amount of each covered claim which is in

12  excess of $100 and is less than $300,000, except with respect

13  to policies covering condominium associations or homeowners'

14  associations, which associations have a responsibility to

15  provide insurance coverage on residential units within the

16  association, the obligation shall include that amount of each

17  covered property insurance claim which is less than $100,000

18  multiplied by the number of condominium units or other

19  residential units; however, as to homeowners' associations,

20  this sub-subparagraph subparagraph applies only to claims for

21  damage or loss to residential units and structures attached to

22  residential units.

23         b.  Notwithstanding sub-subparagraph a., the

24  association has no obligation to pay covered claims that are

25  to be paid from the proceeds of bonds issued under s. 631.695.

26  However, the association shall assign and pledge the first

27  available moneys from all or part of the assessments to be

28  made under paragraph (3)(a) to or on behalf of the issuer of

29  such bonds for the benefit of the holders of such bonds. The

30  association shall administer any such covered claims and

31  present valid covered claims for payment in accordance with

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 1  the provisions of the assistance program in connection with

 2  which such bonds have been issued.

 3         3.  In no event shall the association be obligated to a

 4  policyholder or claimant in an amount in excess of the

 5  obligation of the insolvent insurer under the policy from

 6  which the claim arises.

 7         (2)  The association may:

 8         (d)  Negotiate and become a party to such contracts as

 9  are necessary to carry out the purpose of this part.

10  Additionally, the association may enter into such contracts

11  with a municipality, a county, or a legal entity created

12  pursuant to s. 163.01(7)(g) as are necessary in order for the

13  municipality, county, or legal entity to issue bonds under s.

14  631.695. In connection with the issuance of any such bonds and

15  the entering into of any such necessary contracts, the

16  association may agree to such terms and conditions as the

17  association deems necessary and proper.

18         (3)(a)  To the extent necessary to secure the funds for

19  the respective accounts for the payment of covered claims, and

20  also to pay the reasonable costs to administer the same, and

21  to secure the funds for the account specified in s.

22  631.55(2)(c) or to retire indebtedness, including, without

23  limitation, the principal, redemption premium, if any, and

24  interest on, and related costs of issuance of, bonds issued

25  under s. 631.695 and the funding of any reserves and other

26  payments required under the bond resolution or trust indenture

27  pursuant to which such bonds have been issued, the office,

28  upon certification of the board of directors, shall levy

29  assessments in the proportion that each insurer's net direct

30  written premiums in this state in the classes protected by the

31  account bears to the total of said net direct written premiums

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 1  received in this state by all such insurers for the preceding

 2  calendar year for the kinds of insurance included within such

 3  account. Assessments shall be remitted to and administered by

 4  the board of directors in the manner specified by the approved

 5  plan. Each insurer so assessed shall have at least 30 days'

 6  written notice as to the date the assessment is due and

 7  payable. Every assessment shall be made as a uniform

 8  percentage applicable to the net direct written premiums of

 9  each insurer in the kinds of insurance included within the

10  account in which the assessment is made. The assessments

11  levied against any insurer shall not exceed in any one year

12  more than 2 percent of that insurer's net direct written

13  premiums in this state for the kinds of insurance included

14  within such account during the calendar year next preceding

15  the date of such assessments.

16         (e)1.a.  In addition to assessments otherwise

17  authorized in paragraph (a) and to the extent necessary to

18  secure the funds for the account specified in s. 631.55(2)(c)

19  or to retire indebtedness, including, without limitation, the

20  principal, redemption premium, if any, and interest on, and

21  related costs of issuance of, bonds issued under s. 631.695

22  and the funding of any reserves and other payments required

23  under the bond resolution or trust indenture pursuant to which

24  such bonds have been issued, the department, upon

25  certification of the board of directors, shall levy emergency

26  assessments as provided in this paragraph upon insurers

27  holding a certificate of authority. The emergency assessments

28  payable under this paragraph by any insurer shall not exceed

29  in any single year more than 2 percent of that insurer's

30  direct written premiums, net of refunds, in this state during

31  

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 1  the preceding calendar year for the kinds of insurance within

 2  the account specified in s. 631.55(2)(c).

 3         b.  Any emergency assessments authorized under this

 4  paragraph shall be levied by the department upon insurers

 5  holding a certificate of authority, upon certification as to

 6  the need for such assessments by the board of directors, in

 7  each year that bonds issued under s. 631.695 and secured by

 8  such emergency assessments are outstanding, in such amounts up

 9  to such 2-percent limit as required in order to provide for

10  the full and timely payment of the principal of, redemption

11  premium, if any, and interest on, and related costs of

12  issuance of, such bonds. The emergency assessments provided

13  for in this paragraph are assigned and pledged to the

14  municipality, county, or legal entity issuing bonds under s.

15  631.695 for the benefit of the holders of such bonds, in order

16  to enable such municipality, county, or legal entity to

17  provide for the payment of the principal of, redemption

18  premium, if any, and interest on such bonds, the cost of

19  issuance of such bonds, and the funding of any reserves and

20  other payments required under the bond resolution or trust

21  indenture pursuant to which such bonds have been issued,

22  without the necessity of any further action by the

23  association, the department, or any other party. To the extent

24  that bonds are issued under s. 631.695 and the association

25  determines to secure such bonds by a pledge of revenues

26  received from the emergency assessments, such bonds, upon such

27  pledge of revenues, shall be secured by and payable from the

28  proceeds of such emergency assessments, and the proceeds of

29  emergency assessments levied under this paragraph shall be

30  remitted directly to and administered by the trustee or

31  custodian appointed for such bonds.

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 1         c.  Emergency assessments under this paragraph may be

 2  payable in a single payment or, at the option of the

 3  association, may be payable in 12 monthly installments with

 4  the first installment being due and payable at the end of the

 5  month after an emergency assessment is levied and subsequent

 6  installments being due not later than the end of each

 7  succeeding month.

 8         d.  If emergency assessments are imposed, the report

 9  required by s. 631.695(7) shall include an analysis of the

10  revenues generated from the emergency assessments imposed

11  under this paragraph.

12         2.  In order to ensure that insurers paying emergency

13  assessments levied under this paragraph continue to charge

14  rates that are neither inadequate nor excessive, within 90

15  days after being notified of such assessments, each insurer

16  that is to be assessed pursuant to this paragraph shall submit

17  a rate filing for coverage included within the account

18  specified in s. 631.55(2)(c) and for which rates are required

19  to be filed under s. 627.062. If the filing reflects a rate

20  change that, as a percentage, is equal to the difference

21  between the rate of such assessment and the rate of the

22  previous year's assessment under this paragraph, the filing

23  shall consist of a certification so stating and shall be

24  deemed approved when made. Any rate change of a different

25  percentage shall be subject to the standards and procedures of

26  s. 627.062.

27         3.  An annual assessment under this paragraph shall

28  continue while the bonds issued with respect to which the

29  assessment was imposed are outstanding, including any bonds

30  the proceeds of which were used to refund bonds issued

31  pursuant to s. 631.695, unless adequate provision has been

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 1  made for the payment of the bonds in the documents authorizing

 2  the issuance of such bonds.

 3         4.  Emergency assessments under this paragraph are not

 4  premium and are not subject to the premium tax, to any fees,

 5  or to any commissions. An insurer is liable for all emergency

 6  assessments that the insurer collects and shall treat the

 7  failure of an insured to pay an emergency assessment as a

 8  failure to pay the premium. An insurer is not liable for

 9  uncollectible emergency assessments.

10         Section 12.  Section 631.695, Florida Statutes, is

11  created to read:

12         631.695  Revenue bond issuance through counties or

13  municipalities.--

14         (1)  The Legislature finds:

15         (a)  The potential for widespread and massive damage to

16  persons and property caused by hurricanes making landfall in

17  this state can generate insurance claims of such a number as

18  to render numerous insurers operating within this state

19  insolvent and therefore unable to satisfy covered claims.

20         (b)  The inability of insureds within this state to

21  receive payment of covered claims or to timely receive such

22  payment creates financial and other hardships for such

23  insureds and places undue burdens on the state, the affected

24  units of local government, and the community at large.

25         (c)  In addition, the failure of insurers to pay

26  covered claims or to timely pay such claims due to the

27  insolvency of such insurers can undermine the public's

28  confidence in insurers operating within this state, thereby

29  adversely affecting the stability of the insurance industry in

30  this state.

31  

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 1         (d)  The state has previously taken action to address

 2  these problems by adopting the Florida Insurance Guaranty

 3  Association Act, which, among other things, provides a

 4  mechanism for the payment of covered claims under certain

 5  insurance policies to avoid excessive delay in payment and to

 6  avoid financial loss to claimants or policyholders because of

 7  the insolvency of an insurer.

 8         (e)  In the wake of the unprecedented destruction

 9  caused by various hurricanes that have made landfall in this

10  state, the resultant covered claims, and the number of

11  insurers rendered insolvent thereby, make it evident that

12  alternative programs must be developed to allow the Florida

13  Insurance Guaranty Association to more expeditiously and

14  effectively provide for the payment of covered claims.

15         (f)  It is therefore determined to be in the best

16  interests of, and necessary for, the protection of the public

17  health, safety, and general welfare of the residents of this

18  state and for the protection and preservation of the economic

19  stability of insurers operating in this state and it is

20  declared to be an essential public purpose to permit certain

21  municipalities and counties to take such actions as will

22  provide relief to claimants and policyholders having covered

23  claims against insolvent insurers operating in this state by

24  expediting the handling and payment of covered claims.

25         (g)  To achieve the foregoing purposes, it is proper to

26  authorize municipalities and counties of this state

27  substantially affected by the landfall of a category 1 or

28  greater hurricane to issue bonds to assist the Florida

29  Insurance Guaranty Association in expediting the handling and

30  payment of covered claims of insolvent insurers.

31  

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 1         (h)  In order to avoid the needless and indiscriminate

 2  proliferation, duplication, and fragmentation of such

 3  assistance programs, it is in the best interests of the

 4  residents of this state to authorize municipalities and

 5  counties severely affected by a category 1 or greater

 6  hurricane to provide for the payment of covered claims beyond

 7  their territorial limits in the implementation of such

 8  programs.

 9         (i)  It is a paramount public purpose for

10  municipalities and counties substantially affected by the

11  landfall of a category 1 or greater hurricane to be able to

12  issue bonds for the purposes described in this section. Such

13  issuance shall provide assistance to residents of those

14  municipalities and counties as well as to other residents of

15  this state.

16         (2)  The governing body of any municipality or county,

17  the residents of which have been substantially affected by a

18  category 1 or greater hurricane, may issue bonds to fund an

19  assistance program in conjunction with, and with the consent

20  of, the Florida Insurance Guaranty Association for the purpose

21  of paying claimants' or policyholders' covered claims, as

22  defined in s. 631.54, arising through the insolvency of an

23  insurer, which insolvency is determined by the Florida

24  Insurance Guaranty Association to have been a result of a

25  category 1 or greater hurricane, regardless of whether the

26  claimants or policyholders are residents of such municipality

27  or county or the property to which the claim relates is

28  located within or outside the territorial jurisdiction of the

29  municipality or county. The power of a municipality or county

30  to issue bonds, as described in this section, is in addition

31  to any powers granted by law and may not be abrogated or

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 1  restricted by any provisions in such municipality's or

 2  county's charter. A municipality or county issuing bonds for

 3  this purpose shall enter into such contracts with the Florida

 4  Insurance Guaranty Association or any entity acting on behalf

 5  of the Florida Insurance Guaranty Association as are necessary

 6  to implement the assistance program. Any bonds issued by a

 7  municipality or county or a combination thereof under this

 8  subsection shall be payable from and secured by moneys

 9  received by or on behalf of the municipality or county from

10  assessments levied under s. 631.57(3)(a) and assigned and

11  pledged to or on behalf of the municipality or county for the

12  benefit of the holders of the bonds in connection with the

13  assistance program. The funds, credit, property, and taxing

14  power of the state or any municipality or county shall not be

15  pledged for the payment of such bonds.

16         (3)  Bonds may be validated by the municipality or

17  county pursuant to chapter 75. The proceeds of the bonds may

18  be used to pay covered claims of insolvent insurers; to

19  refinance or replace previously existing borrowings or

20  financial arrangements; to pay interest on bonds; to fund

21  reserves for the bonds; to pay expenses incident to the

22  issuance or sale of any bond issued under this section,

23  including costs of validating, printing, and delivering the

24  bonds, costs of printing the official statement, costs of

25  publishing notices of sale of the bonds, costs of obtaining

26  credit enhancement or liquidity support, and related

27  administrative expenses; or for such other purposes related to

28  the financial obligations of the fund as the association may

29  determine. The term of the bonds may not exceed 30 years.

30         (4)  The state covenants with holders of bonds of the

31  assistance program that the state will not take any action

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  that will have a material adverse effect on the holders and

 2  will not repeal or abrogate the power of the board of

 3  directors of the association to direct the Office of Insurance

 4  Regulation to levy the assessments and to collect the proceeds

 5  of the revenues pledged to the payment of the bonds as long as

 6  any of the bonds remain outstanding, unless adequate provision

 7  has been made for the payment of the bonds in the documents

 8  authorizing the issuance of the bonds.

 9         (5)  The accomplishment of the authorized purposes of

10  such municipality or county under this section is in all

11  respects for the benefit of the people of the state, for the

12  increase of their commerce and prosperity, and for the

13  improvement of their health and living conditions. The

14  municipality or county, in performing essential governmental

15  functions in accomplishing its purposes, is not required to

16  pay any taxes or assessments of any kind whatsoever upon any

17  property acquired or used by the county or municipality for

18  such purposes or upon any revenues at any time received by the

19  county or municipality. The bonds, notes, and other

20  obligations of the municipality or county and the transfer of

21  and income from such bonds, notes, and other obligations,

22  including any profits made on the sale of such bonds, notes,

23  and other obligations, are exempt from taxation of any kind by

24  the state or by any political subdivision or other agency or

25  instrumentality of the state. The exemption granted in this

26  subsection is not applicable to any tax imposed by chapter 220

27  on interest, income, or profits on debt obligations owned by

28  corporations.

29         (6)  Two or more municipalities or counties, the

30  residents of which have been substantially affected by a

31  category 1 or greater hurricane, may create a legal entity

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  pursuant to s. 163.01(7)(g) to exercise the powers described

 2  in this section as well as those powers granted in s.

 3  163.01(7)(g). References in this section to a municipality or

 4  county includes such legal entity.

 5         (7)  The association shall issue an annual report on

 6  the status of the use of bond proceeds as related to

 7  insolvencies caused by hurricanes. The report must contain the

 8  number and amount of claims paid. The association shall also

 9  include an analysis of the revenue generated from the

10  assessment levied under s. 631.57(3)(a) to pay such bonds. The

11  association shall submit a copy of the report to the President

12  of the Senate, the Speaker of the House of Representatives,

13  and the Chief Financial Officer within 90 days after the end

14  of each calendar year in which bonds were outstanding.

15         Section 13.  No provision of s. 631.57 or s. 631.695,

16  Florida Statutes, shall be repealed until such time as the

17  principal, redemption premium, if any, and interest on all

18  bonds issued under s. 631.695, Florida Statutes, payable and

19  secured from assessments levied under s. 631.57(3)(a), Florida

20  Statutes, have been paid in full or adequate provision for

21  such payment has been made in accordance with the bond

22  resolution or trust indenture pursuant to which the bonds were

23  issued.

24         Section 14.  If any provision of this act or the

25  application thereof to any person or circumstance is held

26  invalid, the invalidity shall not affect other provisions or

27  applications of the act which can be given effect without the

28  invalid provision or application, and to this end the

29  provisions of this act are declared severable.

30         Section 15.  The sum of $100 million is appropriated

31  from the General Revenue Fund to the Florida Hurricane Damage

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    Florida Senate - 2006                                  SB 2166
    37-1564-06                                              See HB




 1  Prevention Endowment as a nonrecurring appropriation for the

 2  purposes specified in s. 215.558, Florida Statutes, as created

 3  by this act.

 4         Section 16.  The provisions applying to issuance of

 5  policies for the peril of wind only in the high-risk account

 6  of the Citizens Property Insurance Corporation under s.

 7  627.351(6)(b)2.g. and h., Florida Statutes, shall operate

 8  retroactively to January 1, 2006.

 9         Section 17.  This act shall take effect upon becoming a

10  law.

11  

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