Senate Bill sb2664

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    Florida Senate - 2006                                  SB 2664

    By Senator Smith





    14-1495B-06                                        See HB 1209

  1                      A bill to be entitled

  2         An act relating to the Florida Hurricane

  3         Catastrophe Fund; amending s. 215.555, F.S.;

  4         revising findings and purposes; revising

  5         definitions; changing the name of the fund to

  6         the Florida Hurricane Insurance Fund; revising

  7         requirements for reimbursement contracts;

  8         providing requirements, procedures, and

  9         methodologies for policyholders to pay premiums

10         to insurers, insurers to remit premiums to the

11         fund, insurers to reimburse policyholders for

12         hurricane losses, and the state to reimburse

13         insurers from the fund for payments to

14         policyholders; deleting a required annual

15         appropriation from the investment income of the

16         Florida Hurricane Catastrophe Fund for certain

17         purposes; providing coverage limitations;

18         providing exceptions; providing for discounted

19         premiums to certain insurers under certain

20         circumstances; deleting conflicting provisions;

21         revising reimbursement premium provisions to

22         conform; renaming the Florida Hurricane

23         Catastrophe Fund Finance Corporation as the

24         Florida Hurricane Insurance Fund Finance

25         Corporation; making conforming changes;

26         amending ss. 215.556, 215.559, 624.424,

27         624.5091, 627.062, 627.0628, 627.0629, 627.351,

28         627.701, and 627.7077, F.S., to conform;

29         amending s. 109(3), ch. 2000-141, Laws of

30         Florida; deleting a limitation subjecting

31         certain portions of coastal counties to certain

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         debris requirements adopted by the Florida

 2         Building Commission; providing an effective

 3         date.

 4  

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

 6  

 7         Section 1.  Section 215.555, Florida Statutes, is

 8  amended to read:

 9         215.555  Florida Hurricane Insurance Catastrophe

10  Fund.--

11         (1)  FINDINGS AND PURPOSE.--The Legislature finds and

12  declares as follows:

13         (a)  There is a compelling state interest in

14  maintaining a viable and orderly private sector market for

15  property insurance in this state. To the extent that the

16  private sector is unable to maintain a viable and orderly

17  market for property insurance in this state, state actions to

18  maintain such a viable and orderly market are valid and

19  necessary exercises of the police power.

20         (b)  As a result of unprecedented levels of

21  catastrophic insured losses in recent years, and especially as

22  a result of Hurricane Andrew and the 2004 and 2005 hurricane

23  seasons, numerous insurers have determined that in order to

24  protect their solvency, it is necessary for them to reduce

25  their exposure to hurricane losses. Also as a result of these

26  events, world reinsurance capacity has significantly

27  contracted, increasing the pressure on insurers to reduce

28  their catastrophic exposures.

29         (c)  Mortgages require reliable property insurance, and

30  the unavailability of reliable property insurance would

31  therefore make most real estate transactions impossible. In

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  addition, the public health, safety, and welfare demand that

 2  structures damaged or destroyed in a catastrophe be repaired

 3  or reconstructed as soon as possible. Therefore, the inability

 4  of the private sector insurance and reinsurance markets to

 5  maintain sufficient capacity to enable residents of this state

 6  to obtain property insurance coverage in the private sector

 7  endangers the economy of the state and endangers the public

 8  health, safety, and welfare. Accordingly, state action to

 9  correct for this inability of the private sector constitutes a

10  valid and necessary public and governmental purpose.

11         (d)  The insolvencies and financial impairments

12  resulting from Hurricane Andrew and the 2004 and 2005

13  hurricane seasons demonstrate that many property insurers are

14  unable or unwilling to maintain reserves, surplus, and

15  reinsurance sufficient to enable the insurers to pay all

16  claims in full in the event of a catastrophe. State action is

17  therefore necessary to protect the public from an insurer's

18  unwillingness or inability to maintain sufficient reserves,

19  surplus, and reinsurance.

20         (e)  A state program to provide a stable and ongoing

21  source of coverage reimbursement to insurers for a substantial

22  portion of their catastrophic hurricane losses for citizens of

23  this state will create additional insurance capacity

24  sufficient to ameliorate the current dangers to the state's

25  economy and to the public health, safety, and welfare.

26         (f)  It is essential to the functioning of a state

27  program to increase insurance capacity that revenues received

28  be exempt from federal taxation. It is therefore the intent of

29  the Legislature that this program be structured as a state

30  trust fund under the direction and control of the State Board

31  of Administration and operate exclusively for the purpose of

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  protecting and advancing the state's interest in maintaining

 2  insurance capacity in this state.

 3         (g)  Hurricane Andrew, which caused insured and

 4  uninsured losses in excess of $20 billion, and the 2004

 5  hurricane season, which caused insured losses in excess of $42

 6  billion, will likely not be the last major windstorm to strike

 7  Florida. Recognizing that a future wind catastrophe could

 8  cause damages in excess of $60 billion, especially if a major

 9  urban area or series of urban areas were hit, it is the intent

10  of the Legislature to balance equitably its concerns about

11  mitigation of hurricane impact, insurance affordability and

12  availability, and the risk of insurer and joint underwriting

13  association insolvency, as well as assessment and bonding

14  limitations.

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

16         (a)(m)  "Actual claims-paying capacity" means the sum

17  of the balance of the fund as of December 31 of a contract

18  year, plus any reinsurance purchased by the fund, plus the

19  amount the board is able to raise through the issuance of

20  revenue bonds under subsection (6).

21         (b)(a)  "Actuarially indicated" means, with respect to

22  premiums paid to by insurers for reimbursement provided by the

23  fund, an amount determined according to principles of

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

25  aggregate, to pay current and future obligations and expenses

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

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

28  provide required debt service coverage in excess of the

29  amounts required to pay actual debt service on revenue bonds

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

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  principles of actuarial science to reflect each insurer's

 2  relative exposure to hurricane losses.

 3         (c)(g)  "Bond" means any bond, debenture, note, or

 4  other evidence of financial indebtedness issued under this

 5  section.

 6         (d)(n)  "Corporation" means the Florida Hurricane

 7  Insurance Catastrophe Fund Finance Corporation created in

 8  paragraph (6)(d).

 9         (e)(b)  "Covered event" means any one storm declared to

10  be a hurricane by the National Hurricane Center, which storm

11  causes insured losses in this state.

12         (f)(c)  "Covered policy" means any hurricane insurance

13  policy covering residential property in this state, including,

14  but not limited to, any homeowner's, mobile home owner's, farm

15  owner's, condominium association, condominium unit owner's,

16  tenant's, or apartment building policy, or any other policy

17  covering a residential structure or its contents issued by any

18  authorized insurer, including the Citizens Property Insurance

19  Corporation and any joint underwriting association or similar

20  entity created pursuant to law. The term "covered policy"

21  includes any collateral protection insurance policy covering

22  personal residences which protects both the borrower's and the

23  lender's financial interests, in an amount at least equal to

24  the coverage for the dwelling in place under the lapsed

25  homeowner's policy, if such policy can be accurately reported

26  as required in subsection (5). Additionally, covered policies

27  include policies covering the peril of wind removed from the

28  Florida Residential Property and Casualty Joint Underwriting

29  Association or from the Citizens Property Insurance

30  Corporation, created pursuant to s. 627.351(6), or from the

31  Florida Windstorm Underwriting Association, created pursuant

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  to s. 627.351(2), by an authorized insurer under the terms and

 2  conditions of an executed assumption agreement between the

 3  authorized insurer and such association or Citizens Property

 4  Insurance Corporation. Each assumption agreement between the

 5  association and such authorized insurer or Citizens Property

 6  Insurance Corporation must be approved by the Office of

 7  Insurance Regulation prior to the effective date of the

 8  assumption, and the Office of Insurance Regulation must

 9  provide written notification to the board within 15 working

10  days after such approval. "Covered policy" does not include

11  any policy that excludes wind coverage or hurricane coverage

12  or any reinsurance agreement and does not include any policy

13  otherwise meeting this definition which is issued by a surplus

14  lines insurer or a reinsurer. All commercial residential

15  excess policies and all deductible buy-back policies that,

16  based on sound actuarial principles, require individual

17  ratemaking shall be excluded by rule if the actuarial

18  soundness of the fund is not jeopardized. For this purpose,

19  the term "excess policy" means a policy that provides

20  insurance protection for large commercial property risks and

21  that provides a layer of coverage above a primary layer

22  insured by another insurer.

23         (g)(h)  "Debt service" means the amount required in any

24  fiscal year to pay the principal of, redemption premium, if

25  any, and interest on revenue bonds and any amounts required by

26  the terms of documents authorizing, securing, or providing

27  liquidity for revenue bonds necessary to maintain in effect

28  any such liquidity or security arrangements.

29         (h)(i)  "Debt service coverage" means the amount, if

30  any, required by the documents under which revenue bonds are

31  issued, which amount is to be received in any fiscal year in

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  excess of the amount required to pay debt service for such

 2  fiscal year.

 3         (i)(l)  "Estimated claims-paying capacity" means the

 4  sum of the projected year-end balance of the fund as of

 5  December 31 of a contract year, plus any reinsurance purchased

 6  by the fund, plus the board's estimate of the board's

 7  borrowing capacity.

 8         (j)  "Local government" means a unit of general purpose

 9  local government as defined in s. 218.31(2).

10         (k)(d)  "Losses" means direct incurred losses under

11  covered policies, which shall include losses for additional

12  living expenses not to exceed 40 percent of the insured value

13  of a residential structure or its contents and shall exclude

14  loss adjustment expenses. "Losses" does not include losses for

15  fair rental value, loss of use, or business interruption

16  losses.

17         (l)(k)  "Pledged revenues" means all or any portion of

18  revenues to be derived from reimbursement premiums under

19  subsection (5) or from emergency assessments under paragraph

20  (6)(b), as determined by the board.

21         (e)  "Retention" means the amount of losses below which

22  an insurer is not entitled to reimbursement from the fund. An

23  insurer's retention shall be calculated as follows:

24         1.  The board shall calculate and report to each

25  insurer the retention multiples for that year. For the

26  contract year beginning June 1, 2005, the retention multiple

27  shall be equal to $4.5 billion divided by the total estimated

28  reimbursement premium for the contract year; for subsequent

29  years, the retention multiple shall be equal to $4.5 billion,

30  adjusted based upon the reported exposure from the prior

31  contract year to reflect the percentage growth in exposure to

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  the fund for covered policies since 2004, divided by the total

 2  estimated reimbursement premium for the contract year. Total

 3  reimbursement premium for purposes of the calculation under

 4  this subparagraph shall be estimated using the assumption that

 5  all insurers have selected the 90-percent coverage level.

 6         2.  The retention multiple as determined under

 7  subparagraph 1. shall be adjusted to reflect the coverage

 8  level elected by the insurer. For insurers electing the

 9  90-percent coverage level, the adjusted retention multiple is

10  100 percent of the amount determined under subparagraph 1. For

11  insurers electing the 75-percent coverage level, the retention

12  multiple is 120 percent of the amount determined under

13  subparagraph 1. For insurers electing the 45-percent coverage

14  level, the adjusted retention multiple is 200 percent of the

15  amount determined under subparagraph 1.

16         3.  An insurer shall determine its provisional

17  retention by multiplying its provisional reimbursement premium

18  by the applicable adjusted retention multiple and shall

19  determine its actual retention by multiplying its actual

20  reimbursement premium by the applicable adjusted retention

21  multiple.

22         4.  For insurers who experience multiple covered events

23  causing loss during the contract year, beginning June 1, 2005,

24  each insurer's full retention shall be applied to each of the

25  covered events causing the two largest losses for that

26  insurer. For each other covered event resulting in losses, the

27  insurer's retention shall be reduced to one-third of the full

28  retention. The reimbursement contract shall provide for the

29  reimbursement of losses for each covered event based on the

30  full retention with adjustments made to reflect the reduced

31  retentions after January 1 of the contract year provided the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  insurer reports its losses as specified in the reimbursement

 2  contract.

 3         (m)(f)  "Workers' compensation" includes both workers'

 4  compensation and excess workers' compensation insurance.

 5         (3)  FLORIDA HURRICANE INSURANCE CATASTROPHE FUND

 6  CREATED.--There is created the Florida Hurricane Insurance

 7  Catastrophe Fund to be administered by the State Board of

 8  Administration. Moneys in the fund may not be expended,

 9  loaned, or appropriated except to pay obligations of the fund

10  arising out of reimbursement contracts entered into under

11  subsection (4), payment of debt service on revenue bonds

12  issued under subsection (6), costs of the mitigation program

13  under subsection (7), costs of procuring reinsurance, and

14  costs of administration of the fund. The board shall invest

15  the moneys in the fund pursuant to ss. 215.44-215.52. Except

16  as otherwise provided in this section, earnings from all

17  investments shall be retained in the fund. The board may

18  employ or contract with such staff and professionals as the

19  board deems necessary for the administration of the fund. The

20  board may adopt such rules as are reasonable and necessary to

21  implement this section and shall specify interest due on any

22  delinquent remittances, which interest may not exceed the

23  fund's rate of return plus 5 percent. Such rules must conform

24  to the Legislature's specific intent in establishing the fund

25  as expressed in subsection (1), must enhance the fund's

26  potential ability to respond to claims for covered events,

27  must contain general provisions so that the rules can be

28  applied with reasonable flexibility so as to accommodate

29  insurers in situations of an unusual nature or where undue

30  hardship may result, except that such flexibility may not in

31  any way impair, override, supersede, or constrain the public

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  purpose of the fund, and must be consistent with sound

 2  insurance practices. The board may, by rule, provide for the

 3  exemption from subsections (4) and (5) of insurers writing

 4  covered policies with less than $10 million in aggregate

 5  exposure for covered policies if the exemption does not affect

 6  the actuarial soundness of the fund.

 7         (4)  REIMBURSEMENT CONTRACTS.--

 8         (a)  The board shall enter into a contract with each

 9  insurer writing hurricane-covered covered policies in this

10  state to provide to the insurer the reimbursement described in

11  paragraphs (b) and (d), in exchange for the reimbursement

12  premium paid into the fund under subsection (5). As a

13  condition of doing business in this state, each such insurer

14  shall enter into such a contract.

15         (b)1.  The contract shall contain a promise by the

16  board to reimburse the insurer for losses as provided in this

17  paragraph as a result of a covered event 45 percent, 75

18  percent, or 90 percent of its losses from each covered event

19  in excess of the insurer's retention, plus 5 percent of the

20  reimbursed losses to cover loss adjustment expenses.

21         2.  The insurer shall provide hurricane coverage for

22  any policyholder selecting this coverage. The insurer shall

23  collect premiums from policyholders as determined by the state

24  and remit premium collections to the state to be deposited in

25  the Florida Hurricane Insurance Fund must elect one of the

26  percentage coverage levels specified in this paragraph and

27  may, upon renewal of a reimbursement contract, elect a lower

28  percentage coverage level if no revenue bonds issued under

29  subsection (6) after a covered event are outstanding, or elect

30  a higher percentage coverage level, regardless of whether or

31  not revenue bonds are outstanding. All members of an insurer

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  group must elect the same percentage coverage level. Any joint

 2  underwriting association, risk apportionment plan, or other

 3  entity created under s. 627.351 must elect the 90-percent

 4  coverage level.

 5         3.  The contract shall provide that reimbursement

 6  coverage for any hurricane loss must be paid to the insurer. A

 7  policyholder shall submit all claims to the insurer for

 8  payment for all related losses.

 9         4.  A policyholder shall pay hurricane peril premiums

10  to the insurer, and the insurer shall remit collected premiums

11  to the state.

12         5.  An insurer shall contract with the state to provide

13  hurricane peril coverage to policyholders and provide coverage

14  directly to policyholders for losses as a result of a covered

15  event. The state shall reimburse the insurer from the Florida

16  Hurricane Insurance Fund for all reimbursements made by the

17  insurer to policyholders as a result of a covered event.

18         6.  Premiums paid by a policyholder must provide,

19  through the fund, a maximum coverage of $500,000.

20         7.  A policyholder may select hurricane deductibles of

21  1, 2, 5, or 10 percent.

22         8.  An insurer may choose to provide additional

23  coverage beyond the fund's coverage of $500,000 for its

24  policyholders.

25         9.  An insurer shall provide claims adjustment and

26  reimbursement for losses directly to its policyholders. Once

27  reimbursement amounts have been determined for policyholders,

28  an insurer shall submit a request for reimbursement through

29  the fund for payments made to policyholders for hurricane

30  loss.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         10.  The $500,000 maximum coverage shall be adjusted

 2  every 5 years based on the home rate index.

 3         11.  Discounted premiums shall be provided by the fund

 4  for an insurer who encourages its policyholders to engage in

 5  loss mitigation following damage to or loss of property

 6  amounts shall not be reduced by reinsurance paid or payable to

 7  the insurer from other sources.

 8         (c)1.  The contract shall also provide that the

 9  obligation of the board with respect to all contracts covering

10  a particular contract year shall not exceed the actual

11  claims-paying capacity of the fund up to a limit of $15

12  billion for that contract year adjusted based upon the

13  reported exposure from the prior contract year to reflect the

14  percentage growth in exposure to the fund for covered policies

15  since 2003, provided the dollar growth in the limit may not

16  increase in any year by an amount greater than the dollar

17  growth of the cash balance which occurred over the prior

18  calendar year.

19         2.  In May before the start of the upcoming contract

20  year and in October during the contract year, the board shall

21  publish in the Florida Administrative Weekly a statement of

22  the fund's estimated borrowing capacity and the projected

23  balance of the fund as of December 31. After the end of each

24  calendar year, the board shall notify insurers of the

25  estimated borrowing capacity and the balance of the fund as of

26  December 31 to provide insurers with data necessary to assist

27  them in determining their actuarially sound premiums retention

28  and projected payout from the fund for loss reimbursement

29  purposes. In conjunction with the development of the premium

30  formula, as provided for in subsection (5), the board shall

31  publish factors or multiples that assist insurers in

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  determining their retention and projected payout for the next

 2  contract year. For all regulatory and reinsurance purposes, an

 3  insurer may calculate its projected payout from the fund as

 4  its share of the total fund premium for the current contract

 5  year multiplied by the sum of the projected balance of the

 6  fund as of December 31 and the estimated borrowing capacity

 7  for that contract year as reported under this subparagraph.

 8         (d)1.  For purposes of determining potential liability

 9  and to aid in the sound administration of the fund, the

10  contract shall require each insurer to report such insurer's

11  losses from each covered event on an interim basis, as

12  directed by the board. The contract shall require the insurer

13  to report to the board no later than December 31 of each year,

14  and quarterly thereafter, its reimbursable losses from covered

15  events for the year. The contract shall require the board to

16  determine and pay, as soon as practicable after receiving

17  these reports of reimbursable losses, the initial amount of

18  reimbursement due and adjustments to this amount based on

19  later loss information. The adjustments to reimbursement

20  amounts shall require the board to pay, or the insurer to

21  return, amounts reflecting the most recent calculation of

22  losses.

23         2.  In determining reimbursements pursuant to this

24  subsection, the contract shall provide that the board shall:

25         a.  First reimburse insurers within 90 days after

26  reporting policyholder-paid losses as a result of a covered

27  event writing covered policies, which insurers are in full

28  compliance with this section and have petitioned the Office of

29  Insurance Regulation and qualified as limited apportionment

30  companies under s. 627.351(2)(b)3. The amount of such

31  reimbursement shall be the lesser of $10 million or an amount

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  equal to 10 times the insurer's reimbursement premium for the

 2  current year. The amount of reimbursement paid under this

 3  sub-subparagraph may not exceed the full amount of

 4  reimbursement promised in the reimbursement contract. This

 5  sub-subparagraph does not apply with respect to any contract

 6  year in which the year-end projected cash balance of the fund,

 7  exclusive of any bonding capacity of the fund, exceeds $2

 8  billion. Only one member of any insurer group may receive

 9  reimbursement under this sub-subparagraph.

10         b.  Next pay to each insurer such insurer's projected

11  payout, which is the amount of reimbursement it is owed, up to

12  an amount equal to the insurer's share of the actual premium

13  paid for that contract year, multiplied by the actual

14  claims-paying capacity available for that contract year;

15  provided, entities created pursuant to s. 627.351 shall be

16  further reimbursed in accordance with sub-subparagraph c.

17         c.  Thereafter, establish the prorated reimbursement

18  level at the highest level for which any remaining fund

19  balance or bond proceeds are sufficient to reimburse entities

20  created pursuant to s. 627.351 based on reimbursable losses

21  exceeding the amounts payable pursuant to sub-subparagraph b.

22  for the current contract year.

23         (e)1.  Except as provided in subparagraphs 2. and 3.,

24  the contract shall provide that if an insurer demonstrates to

25  the board that it is likely to qualify for reimbursement under

26  the contract, and demonstrates to the board that the immediate

27  receipt of moneys from the board is likely to prevent the

28  insurer from becoming insolvent, the board shall advance the

29  insurer, at market interest rates, the amounts necessary to

30  maintain the solvency of the insurer, up to 50 percent of the

31  board's estimate of the reimbursement due the insurer. The

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  insurer's reimbursement shall be reduced by an amount equal to

 2  the amount of the advance and interest thereon.

 3         2.  With respect only to an entity created under s.

 4  627.351, the contract shall also provide that the board may,

 5  upon application by such entity, advance to such entity, at

 6  market interest rates, up to 90 percent of the lesser of:

 7         a.  The board's estimate of the amount of reimbursement

 8  due to such entity; or

 9         b.  The entity's share of the actual reimbursement

10  premium paid for that contract year, multiplied by the

11  currently available liquid assets of the fund. In order for

12  the entity to qualify for an advance under this subparagraph,

13  the entity must demonstrate to the board that the advance is

14  essential to allow the entity to pay claims for a covered

15  event and the board must determine that the fund's assets are

16  sufficient and are sufficiently liquid to allow the board to

17  make an advance to the entity and still fulfill the board's

18  reimbursement obligations to other insurers. The entity's

19  final reimbursement for any contract year in which an advance

20  has been made under this subparagraph must be reduced by an

21  amount equal to the amount of the advance and any interest on

22  such advance. In order to determine what amounts, if any, are

23  due the entity, the board may require the entity to report its

24  exposure and its losses at any time to determine retention

25  levels and reimbursements payable.

26         3.  The contract shall also provide specifically and

27  solely with respect to any limited apportionment company under

28  s. 627.351(2)(b)3. that the board may, upon application by

29  such company, advance to such company the amount of the

30  estimated reimbursement payable to such company as calculated

31  pursuant to paragraph (d), at market interest rates, if the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  board determines that the fund's assets are sufficient and are

 2  sufficiently liquid to permit the board to make an advance to

 3  such company and at the same time fulfill its reimbursement

 4  obligations to the insurers that are participants in the fund.

 5  Such company's final reimbursement for any contract year in

 6  which an advance pursuant to this subparagraph has been made

 7  shall be reduced by an amount equal to the amount of the

 8  advance and interest thereon. In order to determine what

 9  amounts, if any, are due to such company, the board may

10  require such company to report its exposure and its losses at

11  such times as may be required to determine retention levels

12  and loss reimbursements payable.

13         (e)(f)  In order to ensure that insurers have properly

14  reported the insured values on which the reimbursement premium

15  is based and to ensure that insurers have properly reported

16  the losses for which reimbursements have been made, the board

17  shall inspect, examine, and verify the records of each

18  insurer's covered policies at such times as the board deems

19  appropriate and according to standards established by rule for

20  the specific purpose of validating the accuracy of exposures

21  and losses required to be reported under the terms and

22  conditions of the reimbursement contract. The costs of the

23  examinations shall be borne by the board. However, in order to

24  remove any incentive for an insurer to delay preparations for

25  an examination, the board shall be reimbursed by the insurer

26  for any examination expenses incurred in addition to the usual

27  and customary costs of the examination, which additional

28  expenses were incurred as a result of an insurer's failure,

29  despite proper notice, to be prepared for the examination or

30  as a result of an insurer's failure to provide requested

31  information while the examination is in progress. If the board

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  finds any insurer's records or other necessary information to

 2  be inadequate or inadequately posted, recorded, or maintained,

 3  the board may employ experts to reconstruct, rewrite, record,

 4  post, or maintain such records or information, at the expense

 5  of the insurer being examined, if such insurer has failed to

 6  maintain, complete, or correct such records or deficiencies

 7  after the board has given the insurer notice and a reasonable

 8  opportunity to do so. Any information contained in an

 9  examination report, which information is described in s.

10  215.557, is confidential and exempt from the provisions of s.

11  119.07(1) and s. 24(a), Art. I of the State Constitution, as

12  provided in s. 215.557. Nothing in this paragraph expands the

13  exemption in s. 215.557.

14         (f)(g)  The contract shall provide that in the event of

15  the insolvency of an insurer, the fund shall pay directly to

16  the Florida Insurance Guaranty Association for the benefit of

17  Florida policyholders of the insurer the net amount of all

18  reimbursement moneys owed to the insurer. As used in this

19  paragraph, the term "net amount of all reimbursement moneys"

20  means that amount which remains after reimbursement for:

21         1.  Preliminary or duplicate payments owed to private

22  reinsurers or other inuring reinsurance payments to private

23  reinsurers that satisfy statutory or contractual obligations

24  of the insolvent insurer attributable to covered events to

25  such reinsurers; or

26         2.  Funds owed to a bank or other financial institution

27  to cover obligations of the insolvent insurer under a credit

28  agreement that assists the insolvent insurer in paying claims

29  attributable to covered events.

30  

31  

                                  17

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  The private reinsurers, banks, or other financial institutions

 2  shall be reimbursed or otherwise paid prior to payment to the

 3  Florida Insurance Guaranty Association, notwithstanding any

 4  law to the contrary. The guaranty association shall pay all

 5  claims up to the maximum amount permitted by chapter 631;

 6  thereafter, any remaining moneys shall be paid pro rata to

 7  claims not fully satisfied. This paragraph does not apply to a

 8  joint underwriting association, risk apportionment plan, or

 9  other entity created under s. 627.351.

10         (5)  REIMBURSEMENT PREMIUMS.--

11         (a)  Each reimbursement contract shall require the

12  insurer to annually pay to the fund an actuarially indicated

13  premium for the reimbursement of hurricane losses.

14         (b)  The State Board of Administration shall select an

15  independent consultant to develop a formula for determining

16  the actuarially indicated premium to be paid to the fund. The

17  formula shall specify, for each zip code or other limited

18  geographical area, the amount of premium to be paid by an

19  insurer for each $1,000 of insured value under covered

20  policies in that zip code or other area. In establishing

21  premiums, the board shall consider the coverage elected under

22  paragraph (4)(b) and any factors that tend to enhance the

23  actuarial sophistication of ratemaking for the fund, including

24  deductibles, type of construction, type of coverage provided,

25  relative concentration of risks, loss mitigation efforts, a

26  factor providing for more rapid cash buildup in the fund until

27  the fund capacity for a single hurricane season is fully

28  funded, and other such factors deemed by the board to be

29  appropriate. The formula may provide for a procedure to

30  determine the premiums to be paid by new insurers that begin

31  writing covered policies after the beginning of a contract

                                  18

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  year, taking into consideration when the insurer starts

 2  writing covered policies, the potential exposure of the

 3  insurer, the potential exposure of the fund, the

 4  administrative costs to the insurer and to the fund, and any

 5  other factors deemed appropriate by the board. The formula

 6  must be approved by unanimous vote of the board. The board

 7  may, at any time, revise the formula pursuant to the procedure

 8  provided in this paragraph.

 9         (c)  No later than September 1 of each year, each

10  insurer shall notify the board of its insured values under

11  covered policies by zip code, as of June 30 of that year. On

12  the basis of these reports, the board shall calculate the

13  premium due from the insurer, based on the formula adopted

14  under paragraph (b). The insurer shall pay the required annual

15  premium pursuant to a periodic payment plan specified in the

16  contract. The board shall provide for payment of reimbursement

17  premium in periodic installments and for the adjustment of

18  provisional premium installments collected prior to submission

19  of the exposure report to reflect data in the exposure report.

20  The board shall collect interest on late reimbursement premium

21  payments consistent with the assumptions made in developing

22  the premium formula in accordance with paragraph (b).

23         (d)  All premiums paid to the fund under reimbursement

24  contracts shall be treated as premium for approved reinsurance

25  for all accounting and regulatory purposes.

26         (6)  REVENUE BONDS.--

27         (a)  General provisions.--

28         1.  Upon the occurrence of a hurricane and a

29  determination that the moneys in the fund are or will be

30  insufficient to pay reimbursement at the levels promised in

31  the reimbursement contracts, the board may take the necessary

                                  19

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  steps under paragraph (c) or paragraph (d) for the issuance of

 2  revenue bonds for the benefit of the fund. The proceeds of

 3  such revenue bonds may be used to make reimbursement payments

 4  under reimbursement contracts; to refinance or replace

 5  previously existing borrowings or financial arrangements; to

 6  pay interest on bonds; to fund reserves for the bonds; to pay

 7  expenses incident to the issuance or sale of any bond issued

 8  under this section, including costs of validating, printing,

 9  and delivering the bonds, costs of printing the official

10  statement, costs of publishing notices of sale of the bonds,

11  and related administrative expenses; or for such other

12  purposes related to the financial obligations of the fund as

13  the board may determine. The term of the bonds may not exceed

14  30 years. The board may pledge or authorize the corporation to

15  pledge all or a portion of all revenues under subsection (5)

16  and under paragraph (b) to secure such revenue bonds and the

17  board may execute such agreements between the board and the

18  issuer of any revenue bonds and providers of other financing

19  arrangements under paragraph (7)(b) as the board deems

20  necessary to evidence, secure, preserve, and protect such

21  pledge. If reimbursement premiums received under subsection

22  (5) or earnings on such premiums are used to pay debt service

23  on revenue bonds, such premiums and earnings shall be used

24  only after the use of the moneys derived from assessments

25  under paragraph (b). The funds, credit, property, or taxing

26  power of the state or political subdivisions of the state

27  shall not be pledged for the payment of such bonds. The board

28  may also enter into agreements under paragraph (c) or

29  paragraph (d) for the purpose of issuing revenue bonds in the

30  absence of a hurricane upon a determination that such action

31  

                                  20

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  would maximize the ability of the fund to meet future

 2  obligations.

 3         2.  The Legislature finds and declares that the

 4  issuance of bonds under this subsection is for the public

 5  purpose of paying the proceeds of the bonds to insurers,

 6  thereby enabling insurers to pay the claims of policyholders

 7  to assure that policyholders are able to pay the cost of

 8  construction, reconstruction, repair, restoration, and other

 9  costs associated with damage to property of policyholders of

10  covered policies after the occurrence of a hurricane. Revenue

11  bonds may not be issued under this subsection until validated

12  under chapter 75. The validation of at least the first

13  obligations incurred pursuant to this subsection shall be

14  appealed to the Supreme Court, to be handled on an expedited

15  basis.

16         (b)  Emergency assessments.--

17         1.  If the board determines that the amount of revenue

18  produced under subsection (5) is insufficient to fund the

19  obligations, costs, and expenses of the fund and the

20  corporation, including repayment of revenue bonds and that

21  portion of the debt service coverage not met by reimbursement

22  premiums, the board shall direct the Office of Insurance

23  Regulation to levy, by order, an emergency assessment on

24  direct premiums for all property and casualty lines of

25  business in this state, including property and casualty

26  business of surplus lines insurers regulated under part VIII

27  of chapter 626, but not including any workers' compensation

28  premiums or medical malpractice premiums. As used in this

29  subsection, the term "property and casualty business" includes

30  all lines of business identified on Form 2, Exhibit of

31  Premiums and Losses, in the annual statement required of

                                  21

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  authorized insurers by s. 624.424 and any rule adopted under

 2  this section, except for those lines identified as accident

 3  and health insurance and except for policies written under the

 4  National Flood Insurance Program. The assessment shall be

 5  specified as a percentage of future premium collections and is

 6  subject to annual adjustments by the board to reflect changes

 7  in premiums subject to assessments collected under this

 8  subparagraph in order to meet debt obligations. The same

 9  percentage shall apply to all policies in lines of business

10  subject to the assessment issued or renewed during the

11  12-month period beginning on the effective date of the

12  assessment.

13         2.  A premium is not subject to an annual assessment

14  under this paragraph in excess of 6 percent of premium with

15  respect to obligations arising out of losses attributable to

16  any one contract year, and a premium is not subject to an

17  aggregate annual assessment under this paragraph in excess of

18  10 percent of premium. An annual assessment under this

19  paragraph shall continue until the revenue bonds issued with

20  respect to which the assessment was imposed are outstanding,

21  including any bonds the proceeds of which were used to refund

22  the revenue bonds, unless adequate provision has been made for

23  the payment of the bonds under the documents authorizing

24  issuance of the bonds.

25         3.  With respect to each insurer collecting premiums

26  that are subject to the assessment, the insurer shall collect

27  the assessment at the same time as it collects the premium

28  payment for each policy and shall remit the assessment

29  collected to the fund or corporation as provided in the order

30  issued by the Office of Insurance Regulation. The office shall

31  verify the accurate and timely collection and remittance of

                                  22

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  emergency assessments and shall report the information to the

 2  board in a form and at a time specified by the board. Each

 3  insurer collecting assessments shall provide the information

 4  with respect to premiums and collections as may be required by

 5  the office to enable the office to monitor and verify

 6  compliance with this paragraph.

 7         4.  With respect to assessments of surplus lines

 8  premiums, each surplus lines agent shall collect the

 9  assessment at the same time as the agent collects the surplus

10  lines tax required by s. 626.932, and the surplus lines agent

11  shall remit the assessment to the Florida Surplus Lines

12  Service Office created by s. 626.921 at the same time as the

13  agent remits the surplus lines tax to the Florida Surplus

14  Lines Service Office. The emergency assessment on each insured

15  procuring coverage and filing under s. 626.938 shall be

16  remitted by the insured to the Florida Surplus Lines Service

17  Office at the time the insured pays the surplus lines tax to

18  the Florida Surplus Lines Service Office. The Florida Surplus

19  Lines Service Office shall remit the collected assessments to

20  the fund or corporation as provided in the order levied by the

21  Office of Insurance Regulation. The Florida Surplus Lines

22  Service Office shall verify the proper application of such

23  emergency assessments and shall assist the board in ensuring

24  the accurate and timely collection and remittance of

25  assessments as required by the board. The Florida Surplus

26  Lines Service Office shall annually calculate the aggregate

27  written premium on property and casualty business, other than

28  workers' compensation and medical malpractice, procured

29  through surplus lines agents and insureds procuring coverage

30  and filing under s. 626.938 and shall report the information

31  to the board in a form and at a time specified by the board.

                                  23

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         5.  Any assessment authority not used for a particular

 2  contract year may be used for a subsequent contract year. If,

 3  for a subsequent contract year, the board determines that the

 4  amount of revenue produced under subsection (5) is

 5  insufficient to fund the obligations, costs, and expenses of

 6  the fund and the corporation, including repayment of revenue

 7  bonds and that portion of the debt service coverage not met by

 8  reimbursement premiums, the board shall direct the Office of

 9  Insurance Regulation to levy an emergency assessment up to an

10  amount not exceeding the amount of unused assessment authority

11  from a previous contract year or years, plus an additional 4

12  percent provided that the assessments in the aggregate do not

13  exceed the limits specified in subparagraph 2.

14         6.  The assessments otherwise payable to the

15  corporation under this paragraph shall be paid to the fund

16  unless and until the Office of Insurance Regulation and the

17  Florida Surplus Lines Service Office have received from the

18  corporation and the fund a notice, which shall be conclusive

19  and upon which they may rely without further inquiry, that the

20  corporation has issued bonds and the fund has no agreements in

21  effect with local governments under paragraph (c). On or after

22  the date of the notice and until the date the corporation has

23  no bonds outstanding, the fund shall have no right, title, or

24  interest in or to the assessments, except as provided in the

25  fund's agreement with the corporation.

26         7.  Emergency assessments are not premium and are not

27  subject to the premium tax, to the surplus lines tax, to any

28  fees, or to any commissions. An insurer is liable for all

29  assessments that it collects and must treat the failure of an

30  insured to pay an assessment as a failure to pay the premium.

31  An insurer is not liable for uncollectible assessments.

                                  24

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         8.  When an insurer is required to return an unearned

 2  premium, it shall also return any collected assessment

 3  attributable to the unearned premium. A credit adjustment to

 4  the collected assessment may be made by the insurer with

 5  regard to future remittances that are payable to the fund or

 6  corporation, but the insurer is not entitled to a refund.

 7         9.  When a surplus lines insured or an insured who has

 8  procured coverage and filed under s. 626.938 is entitled to

 9  the return of an unearned premium, the Florida Surplus Lines

10  Service Office shall provide a credit or refund to the agent

11  or such insured for the collected assessment attributable to

12  the unearned premium prior to remitting the emergency

13  assessment collected to the fund or corporation.

14         10.  The exemption of medical malpractice insurance

15  premiums from emergency assessments under this paragraph is

16  repealed May 31, 2007, and medical malpractice insurance

17  premiums shall be subject to emergency assessments

18  attributable to loss events occurring in the contract years

19  commencing on June 1, 2007.

20         (c)  Revenue bond issuance through counties or

21  municipalities.--

22         1.  If the board elects to enter into agreements with

23  local governments for the issuance of revenue bonds for the

24  benefit of the fund, the board shall enter into such contracts

25  with one or more local governments, including agreements

26  providing for the pledge of revenues, as are necessary to

27  effect such issuance. The governing body of a county or

28  municipality is authorized to issue bonds as defined in s.

29  125.013 or s. 166.101 from time to time to fund an assistance

30  program, in conjunction with the Florida Hurricane Insurance

31  Catastrophe Fund, for the purposes set forth in this section

                                  25

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  or for the purpose of paying the costs of construction,

 2  reconstruction, repair, restoration, and other costs

 3  associated with damage to properties of policyholders of

 4  covered policies due to the occurrence of a hurricane by

 5  assuring that policyholders located in this state are able to

 6  recover claims under property insurance policies after a

 7  covered event.

 8         2.  In order to avoid needless and indiscriminate

 9  proliferation, duplication, and fragmentation of such

10  assistance programs, any local government may provide for the

11  payment of fund reimbursements, regardless of whether or not

12  the losses for which reimbursement is made occurred within or

13  outside of the territorial jurisdiction of the local

14  government.

15         3.  The state hereby covenants with holders of bonds

16  issued under this paragraph that the state will not repeal or

17  abrogate the power of the board to direct the Office of

18  Insurance Regulation to levy the assessments and to collect

19  the proceeds of the revenues pledged to the payment of such

20  bonds as long as any such bonds remain outstanding unless

21  adequate provision has been made for the payment of such bonds

22  pursuant to the documents authorizing the issuance of such

23  bonds.

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

25  cause of action shall arise against any members or employees

26  of the governing body of a local government for any actions

27  taken by them in the performance of their duties under this

28  paragraph.

29         (d)  Florida Hurricane Insurance Catastrophe Fund

30  Finance Corporation.--

31  

                                  26

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         1.  In addition to the findings and declarations in

 2  subsection (1), the Legislature also finds and declares that:

 3         a.  The public benefits corporation created under this

 4  paragraph will provide a mechanism necessary for the

 5  cost-effective and efficient issuance of bonds. This mechanism

 6  will eliminate unnecessary costs in the bond issuance process,

 7  thereby increasing the amounts available to pay reimbursement

 8  for losses to property sustained as a result of hurricane

 9  damage.

10         b.  The purpose of such bonds is to fund reimbursements

11  through the Florida Hurricane Insurance Catastrophe Fund to

12  pay for the costs of construction, reconstruction, repair,

13  restoration, and other costs associated with damage to

14  properties of policyholders of covered policies due to the

15  occurrence of a hurricane.

16         c.  The efficacy of the financing mechanism will be

17  enhanced by the corporation's ownership of the assessments, by

18  the insulation of the assessments from possible bankruptcy

19  proceedings, and by covenants of the state with the

20  corporation's bondholders.

21         2.a.  There is created a public benefits corporation,

22  which is an instrumentality of the state, to be known as the

23  Florida Hurricane Insurance Catastrophe Fund Finance

24  Corporation.

25         b.  The corporation shall operate under a five-member

26  board of directors consisting of the Governor or a designee,

27  the Chief Financial Officer or a designee, the Attorney

28  General or a designee, the director of the Division of Bond

29  Finance of the State Board of Administration, and the senior

30  employee of the State Board of Administration responsible for

31  

                                  27

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  operations of the Florida Hurricane Insurance Catastrophe

 2  Fund.

 3         c.  The corporation has all of the powers of

 4  corporations under chapter 607 and under chapter 617, subject

 5  only to the provisions of this subsection.

 6         d.  The corporation may issue bonds and engage in such

 7  other financial transactions as are necessary to provide

 8  sufficient funds to achieve the purposes of this section.

 9         e.  The corporation may invest in any of the

10  investments authorized under s. 215.47.

11         f.  There shall be no liability on the part of, and no

12  cause of action shall arise against, any board members or

13  employees of the corporation for any actions taken by them in

14  the performance of their duties under this paragraph.

15         3.a.  In actions under chapter 75 to validate any bonds

16  issued by the corporation, the notice required by s. 75.06

17  shall be published only in Leon County and in two newspapers

18  of general circulation in the state, and the complaint and

19  order of the court shall be served only on the State Attorney

20  of the Second Judicial Circuit.

21         b.  The state hereby covenants with holders of bonds of

22  the corporation that the state will not repeal or abrogate the

23  power of the board to direct the Office of Insurance

24  Regulation to levy the assessments and to collect the proceeds

25  of the revenues pledged to the payment of such bonds as long

26  as any such bonds remain outstanding unless adequate provision

27  has been made for the payment of such bonds pursuant to the

28  documents authorizing the issuance of such bonds.

29         4.  The bonds of the corporation are not a debt of the

30  state or of any political subdivision, and neither the state

31  nor any political subdivision is liable on such bonds. The

                                  28

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  corporation does not have the power to pledge the credit, the

 2  revenues, or the taxing power of the state or of any political

 3  subdivision. The credit, revenues, or taxing power of the

 4  state or of any political subdivision shall not be deemed to

 5  be pledged to the payment of any bonds of the corporation.

 6         5.a.  The property, revenues, and other assets of the

 7  corporation; the transactions and operations of the

 8  corporation and the income from such transactions and

 9  operations; and all bonds issued under this paragraph and

10  interest on such bonds are exempt from taxation by the state

11  and any political subdivision, including the intangibles tax

12  under chapter 199 and the income tax under chapter 220. This

13  exemption does not apply to any tax imposed by chapter 220 on

14  interest, income, or profits on debt obligations owned by

15  corporations other than the Florida Hurricane Insurance

16  Catastrophe Fund Finance Corporation.

17         b.  All bonds of the corporation shall be and

18  constitute legal investments without limitation for all public

19  bodies of this state; for all banks, trust companies, savings

20  banks, savings associations, savings and loan associations,

21  and investment companies; for all administrators, executors,

22  trustees, and other fiduciaries; for all insurance companies

23  and associations and other persons carrying on an insurance

24  business; and for all other persons who are now or may

25  hereafter be authorized to invest in bonds or other

26  obligations of the state and shall be and constitute eligible

27  securities to be deposited as collateral for the security of

28  any state, county, municipal, or other public funds. This

29  sub-subparagraph shall be considered as additional and

30  supplemental authority and shall not be limited without

31  specific reference to this sub-subparagraph.

                                  29

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         6.  The corporation and its corporate existence shall

 2  continue until terminated by law; however, no such law shall

 3  take effect as long as the corporation has bonds outstanding

 4  unless adequate provision has been made for the payment of

 5  such bonds pursuant to the documents authorizing the issuance

 6  of such bonds. Upon termination of the existence of the

 7  corporation, all of its rights and properties in excess of its

 8  obligations shall pass to and be vested in the state.

 9         (e)  Protection of bondholders.--

10         1.  As long as the corporation has any bonds

11  outstanding, neither the fund nor the corporation shall have

12  the authority to file a voluntary petition under chapter 9 of

13  the federal Bankruptcy Code or such corresponding chapter or

14  sections as may be in effect, from time to time, and neither

15  any public officer nor any organization, entity, or other

16  person shall authorize the fund or the corporation to be or

17  become a debtor under chapter 9 of the federal Bankruptcy Code

18  or such corresponding chapter or sections as may be in effect,

19  from time to time, during any such period.

20         2.  The state hereby covenants with holders of bonds of

21  the corporation that the state will not limit or alter the

22  denial of authority under this paragraph or the rights under

23  this section vested in the fund or the corporation to fulfill

24  the terms of any agreements made with such bondholders or in

25  any way impair the rights and remedies of such bondholders as

26  long as any such bonds remain outstanding unless adequate

27  provision has been made for the payment of such bonds pursuant

28  to the documents authorizing the issuance of such bonds.

29         3.  Notwithstanding any other provision of law, any

30  pledge of or other security interest in revenue, money,

31  accounts, contract rights, general intangibles, or other

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  personal property made or created by the fund or the

 2  corporation shall be valid, binding, and perfected from the

 3  time such pledge is made or other security interest attaches

 4  without any physical delivery of the collateral or further act

 5  and the lien of any such pledge or other security interest

 6  shall be valid, binding, and perfected against all parties

 7  having claims of any kind in tort, contract, or otherwise

 8  against the fund or the corporation irrespective of whether or

 9  not such parties have notice of such claims. No instrument by

10  which such a pledge or security interest is created nor any

11  financing statement need be recorded or filed.

12         (7)  ADDITIONAL POWERS AND DUTIES.--

13         (a)  The board may procure reinsurance from reinsurers

14  acceptable to the Office of Insurance Regulation for the

15  purpose of maximizing the capacity of the fund.

16         (b)  In addition to borrowing under subsection (6), the

17  board may also borrow from, or enter into other financing

18  arrangements with, any market sources at prevailing interest

19  rates.

20         (c)  Each fiscal year, the Legislature shall

21  appropriate from the investment income of the Florida

22  Hurricane Catastrophe Fund an amount no less than $10 million

23  and no more than 35 percent of the investment income based

24  upon the most recent fiscal year-end audited financial

25  statements for the purpose of providing funding for local

26  governments, state agencies, public and private educational

27  institutions, and nonprofit organizations to support programs

28  intended to improve hurricane preparedness, reduce potential

29  losses in the event of a hurricane, provide research into

30  means to reduce such losses, educate or inform the public as

31  to means to reduce hurricane losses, assist the public in

                                  31

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  determining the appropriateness of particular upgrades to

 2  structures or in the financing of such upgrades, or protect

 3  local infrastructure from potential damage from a hurricane.

 4  Moneys shall first be available for appropriation under this

 5  paragraph in fiscal year 1997-1998. Moneys in excess of the

 6  $10 million specified in this paragraph shall not be available

 7  for appropriation under this paragraph if the State Board of

 8  Administration finds that an appropriation of investment

 9  income from the fund would jeopardize the actuarial soundness

10  of the fund.

11         (c)(d)  The board may allow insurers to comply with

12  reporting requirements and reporting format requirements by

13  using alternative methods of reporting if the proper

14  administration of the fund is not thereby impaired and if the

15  alternative methods produce data which is consistent with the

16  purposes of this section.

17         (d)(e)  In order to assure the equitable operation of

18  the fund, the board may impose a reasonable fee on an insurer

19  to recover costs involved in reprocessing inaccurate,

20  incomplete, or untimely exposure data submitted by the

21  insurer.

22         (8)  ADVISORY COUNCIL.--The State Board of

23  Administration shall appoint a nine-member Florida Hurricane

24  Insurance Fund Advisory Council that consists of an actuary, a

25  meteorologist, an engineer, a representative of insurers, a

26  representative of insurance agents, a representative of

27  reinsurers, and three consumers who shall also be

28  representatives of other affected professions and industries,

29  to provide the board with information and advice in connection

30  with its duties under this section. Members of the advisory

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  council shall serve at the pleasure of the board and are

 2  eligible for per diem and travel expenses under s. 112.061.

 3         (9)  APPLICABILITY OF S. 19, ART. III OF THE STATE

 4  CONSTITUTION.--The Legislature finds that the Florida

 5  Hurricane Insurance Catastrophe Fund created by this section

 6  is a trust fund established for bond covenants, indentures, or

 7  resolutions within the meaning of s. 19(f)(3), Art. III of the

 8  State Constitution.

 9         (10)  VIOLATIONS.--Any violation of this section or of

10  rules adopted under this section constitutes a violation of

11  the insurance code.

12         (11)  LEGAL PROCEEDINGS.--The board is authorized to

13  take any action necessary to enforce the rules, and the

14  provisions and requirements of the reimbursement contract,

15  required by and adopted pursuant to this section.

16         (12)  FEDERAL OR MULTISTATE CATASTROPHIC FUNDS.--Upon

17  the creation of a federal or multistate catastrophic insurance

18  or reinsurance program intended to serve purposes similar to

19  the purposes of the fund created by this section, the State

20  Board of Administration shall promptly make recommendations to

21  the Legislature for coordination with the federal or

22  multistate program, for termination of the fund, or for such

23  other actions as the board finds appropriate in the

24  circumstances.

25         (13)  REVERSION OF FUND ASSETS UPON TERMINATION.--The

26  fund and the duties of the board under this section may be

27  terminated only by law. Upon termination of the fund, all

28  assets of the fund shall revert to the General Revenue Fund.

29         (14)  SEVERABILITY.--If any provision of this section

30  or its application to any person or circumstance is held

31  invalid, the invalidity does not affect other provisions or

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  applications of the section which can be given effect without

 2  the invalid provision or application, and to this end the

 3  provisions of this section are declared severable.

 4         (15)  COLLATERAL PROTECTION INSURANCE.--As used in this

 5  section and ss. 627.311 and 627.351, the term "collateral

 6  protection insurance" means commercial property insurance of

 7  which a creditor is the primary beneficiary and policyholder

 8  and which protects or covers an interest of the creditor

 9  arising out of a credit transaction secured by real or

10  personal property. Initiation of such coverage is triggered by

11  the mortgagor's failure to maintain insurance coverage as

12  required by the mortgage or other lending document. Collateral

13  protection insurance is not residential coverage.

14         Section 2.  Section 215.556, Florida Statutes, is

15  amended to read:

16         215.556  Exemption.--The Florida Hurricane Insurance

17  Catastrophe Fund created by s. 215.555 is exempt from the

18  deduction required by s. 215.20(1).

19         Section 3.  Subsection (1) of section 215.559, Florida

20  Statutes, is amended to read:

21         215.559  Hurricane Loss Mitigation Program.--

22         (1)  There is created a Hurricane Loss Mitigation

23  Program. The Legislature shall annually appropriate $10

24  million of the moneys authorized for appropriation under s.

25  215.555(7)(c) from the Florida Hurricane Insurance Catastrophe

26  Fund to the Department of Community Affairs for the purposes

27  set forth in this section.

28         Section 4.  Subsection (10) of section 624.424, Florida

29  Statutes, is amended to read:

30         624.424  Annual statement and other information.--

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         (10)  Each insurer or insurer group doing business in

 2  this state shall file on a quarterly basis in conjunction with

 3  financial reports required by paragraph (1)(a) a supplemental

 4  report on an individual and group basis on a form prescribed

 5  by the commission with information on personal lines and

 6  commercial lines residential property insurance policies in

 7  this state. The supplemental report shall include separate

 8  information for personal lines property policies and for

 9  commercial lines property policies and totals for each item

10  specified, including premiums written for each of the property

11  lines of business as described in ss. 215.555(2)(f)(c) and

12  627.351(6)(a). The report shall include the following

13  information for each county on a monthly basis:

14         (a)  Total number of policies in force at the end of

15  each month.

16         (b)  Total number of policies canceled.

17         (c)  Total number of policies nonrenewed.

18         (d)  Number of policies canceled due to hurricane risk.

19         (e)  Number of policies nonrenewed due to hurricane

20  risk.

21         (f)  Number of new policies written.

22         (g)  Total dollar value of structure exposure under

23  policies that include wind coverage.

24         (h)  Number of policies that exclude wind coverage.

25         Section 5.  Subsection (3) of section 624.5091, Florida

26  Statutes, is amended to read:

27         624.5091  Retaliatory provision, insurers.--

28         (3)  This section does not apply as to personal income

29  taxes, nor as to sales or use taxes, nor as to ad valorem

30  taxes on real or personal property, nor as to reimbursement

31  premiums paid to the Florida Hurricane Insurance Catastrophe

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  Fund, nor as to emergency assessments paid to the Florida

 2  Hurricane Insurance Catastrophe Fund, nor as to special

 3  purpose obligations or assessments imposed in connection with

 4  particular kinds of insurance other than property insurance,

 5  except that deductions, from premium taxes or other taxes

 6  otherwise payable, allowed on account of real estate or

 7  personal property taxes paid shall be taken into consideration

 8  by the department in determining the propriety and extent of

 9  retaliatory action under this section.

10         Section 6.  Subsection (5) of section 627.062, Florida

11  Statutes, is amended to read:

12         627.062  Rate standards.--

13         (5)  With respect to a rate filing involving coverage

14  of the type for which the insurer is required to pay a

15  reimbursement premium to the Florida Hurricane Insurance

16  Catastrophe Fund, the insurer may fully recoup in its property

17  insurance premiums any reimbursement premiums paid to the

18  Florida Hurricane Insurance Catastrophe Fund, together with

19  reasonable costs of other reinsurance, but may not recoup

20  reinsurance costs that duplicate coverage provided by the

21  Florida Hurricane Insurance Catastrophe Fund. An insurer may

22  not recoup more than 1 year of reimbursement premium at a

23  time. Any under-recoupment from the prior year may be added to

24  the following year's reimbursement premium and any

25  over-recoupment shall be subtracted from the following year's

26  reimbursement premium.

27         Section 7.  Paragraph (c) of subsection (1), paragraphs

28  (b) and (f) of subsection (2), and paragraph (b) of subsection

29  (3) of section 627.0628, Florida Statutes, are amended to

30  read:

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         627.0628  Florida Commission on Hurricane Loss

 2  Projection Methodology; public records exemption; public

 3  meetings exemption.--

 4         (1)  LEGISLATIVE FINDINGS AND INTENT.--

 5         (c)  It is the intent of the Legislature to create the

 6  Florida Commission on Hurricane Loss Projection Methodology as

 7  a panel of experts to provide the most actuarially

 8  sophisticated guidelines and standards for projection of

 9  hurricane losses possible, given the current state of

10  actuarial science. It is the further intent of the Legislature

11  that such standards and guidelines must be used by the State

12  Board of Administration in developing reimbursement premium

13  rates for the Florida Hurricane Insurance Catastrophe Fund,

14  and, subject to paragraph (3)(c), may be used by insurers in

15  rate filings under s. 627.062 unless the way in which such

16  standards and guidelines were applied by the insurer was

17  erroneous, as shown by a preponderance of the evidence.

18         (2)  COMMISSION CREATED.--

19         (b)  The commission shall consist of the following 11

20  members:

21         1.  The insurance consumer advocate.

22         2.  The senior employee of the State Board of

23  Administration responsible for operations of the Florida

24  Hurricane Insurance Catastrophe Fund.

25         3.  The Executive Director of the Citizens Property

26  Insurance Corporation.

27         4.  The Director of the Division of Emergency

28  Management of the Department of Community Affairs.

29         5.  The actuary member of the Florida Hurricane

30  Insurance Catastrophe Fund Advisory Council.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         6.  An employee of the office who is an actuary

 2  responsible for property insurance rate filings and who is

 3  appointed by the director of the office.

 4         7.  Five members appointed by the Chief Financial

 5  Officer, as follows:

 6         a.  An actuary who is employed full time by a property

 7  and casualty insurer which was responsible for at least 1

 8  percent of the aggregate statewide direct written premium for

 9  homeowner's insurance in the calendar year preceding the

10  member's appointment to the commission.

11         b.  An expert in insurance finance who is a full-time

12  member of the faculty of the State University System and who

13  has a background in actuarial science.

14         c.  An expert in statistics who is a full-time member

15  of the faculty of the State University System and who has a

16  background in insurance.

17         d.  An expert in computer system design who is a

18  full-time member of the faculty of the State University

19  System.

20         e.  An expert in meteorology who is a full-time member

21  of the faculty of the State University System and who

22  specializes in hurricanes.

23         (f)  The State Board of Administration shall, as a cost

24  of administration of the Florida Hurricane Insurance

25  Catastrophe Fund, provide for travel, expenses, and staff

26  support for the commission.

27         (3)  ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.--

28         (b)  In establishing reimbursement premiums for the

29  Florida Hurricane Insurance Catastrophe Fund, the State Board

30  of Administration must, to the extent feasible, employ

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  actuarial methods, principles, standards, models, or output

 2  ranges found by the commission to be accurate or reliable.

 3         Section 8.  Subsection (10) of section 627.0629,

 4  Florida Statutes, is amended to read:

 5         627.0629  Residential property insurance; rate

 6  filings.--

 7         (10)  A property insurance rate filing that includes

 8  any adjustments related to premiums paid to the Florida

 9  Hurricane Insurance Catastrophe Fund must include a complete

10  calculation of the insurer's catastrophe load, and the

11  information in the filing may not be limited solely to

12  recovery of moneys paid to the fund.

13         Section 9.  Paragraph (b) of subsection (2) and

14  paragraphs (b), (c), (k), and (l) of subsection (6) of section

15  627.351, Florida Statutes, are amended to read:

16         627.351  Insurance risk apportionment plans.--

17         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

18         (b)  The department shall require all insurers holding

19  a certificate of authority to transact property insurance on a

20  direct basis in this state, other than joint underwriting

21  associations and other entities formed pursuant to this

22  section, to provide windstorm coverage to applicants from

23  areas determined to be eligible pursuant to paragraph (c) who

24  in good faith are entitled to, but are unable to procure, such

25  coverage through ordinary means; or it shall adopt a

26  reasonable plan or plans for the equitable apportionment or

27  sharing among such insurers of windstorm coverage, which may

28  include formation of an association for this purpose. As used

29  in this subsection, the term "property insurance" means

30  insurance on real or personal property, as defined in s.

31  624.604, including insurance for fire, industrial fire, allied

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  lines, farmowners multiperil, homeowners' multiperil,

 2  commercial multiperil, and mobile homes, and including

 3  liability coverages on all such insurance, but excluding

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

 5  vehicle insurance as defined in s. 624.605(1)(a) other than

 6  insurance on mobile homes used as permanent dwellings. The

 7  department shall adopt rules that provide a formula for the

 8  recovery and repayment of any deferred assessments.

 9         1.  For the purpose of this section, properties

10  eligible for such windstorm coverage are defined as dwellings,

11  buildings, and other structures, including mobile homes which

12  are used as dwellings and which are tied down in compliance

13  with mobile home tie-down requirements prescribed by the

14  Department of Highway Safety and Motor Vehicles pursuant to s.

15  320.8325, and the contents of all such properties. An

16  applicant or policyholder is eligible for coverage only if an

17  offer of coverage cannot be obtained by or for the applicant

18  or policyholder from an admitted insurer at approved rates.

19         2.a.(I)  All insurers required to be members of such

20  association shall participate in its writings, expenses, and

21  losses. Surplus of the association shall be retained for the

22  payment of claims and shall not be distributed to the member

23  insurers. Such participation by member insurers shall be in

24  the proportion that the net direct premiums of each member

25  insurer written for property insurance in this state during

26  the preceding calendar year bear to the aggregate net direct

27  premiums for property insurance of all member insurers, as

28  reduced by any credits for voluntary writings, in this state

29  during the preceding calendar year. For the purposes of this

30  subsection, the term "net direct premiums" means direct

31  written premiums for property insurance, reduced by premium

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  for liability coverage and for the following if included in

 2  allied lines: rain and hail on growing crops; livestock;

 3  association direct premiums booked; National Flood Insurance

 4  Program direct premiums; and similar deductions specifically

 5  authorized by the plan of operation and approved by the

 6  department. A member's participation shall begin on the first

 7  day of the calendar year following the year in which it is

 8  issued a certificate of authority to transact property

 9  insurance in the state and shall terminate 1 year after the

10  end of the calendar year during which it no longer holds a

11  certificate of authority to transact property insurance in the

12  state. The commissioner, after review of annual statements,

13  other reports, and any other statistics that the commissioner

14  deems necessary, shall certify to the association the

15  aggregate direct premiums written for property insurance in

16  this state by all member insurers.

17         (II)  Effective July 1, 2002, the association shall

18  operate subject to the supervision and approval of a board of

19  governors who are the same individuals that have been

20  appointed by the Treasurer to serve on the board of governors

21  of the Citizens Property Insurance Corporation.

22         (III)  The plan of operation shall provide a formula

23  whereby a company voluntarily providing windstorm coverage in

24  affected areas will be relieved wholly or partially from

25  apportionment of a regular assessment pursuant to

26  sub-sub-subparagraph d.(I) or sub-sub-subparagraph d.(II).

27         (IV)  A company which is a member of a group of

28  companies under common management may elect to have its

29  credits applied on a group basis, and any company or group may

30  elect to have its credits applied to any other company or

31  group.

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         (V)  There shall be no credits or relief from

 2  apportionment to a company for emergency assessments collected

 3  from its policyholders under sub-sub-subparagraph d.(III).

 4         (VI)  The plan of operation may also provide for the

 5  award of credits, for a period not to exceed 3 years, from a

 6  regular assessment pursuant to sub-sub-subparagraph d.(I) or

 7  sub-sub-subparagraph d.(II) as an incentive for taking

 8  policies out of the Residential Property and Casualty Joint

 9  Underwriting Association. In order to qualify for the

10  exemption under this sub-sub-subparagraph, the take-out plan

11  must provide that at least 40 percent of the policies removed

12  from the Residential Property and Casualty Joint Underwriting

13  Association cover risks located in Dade, Broward, and Palm

14  Beach Counties or at least 30 percent of the policies so

15  removed cover risks located in Dade, Broward, and Palm Beach

16  Counties and an additional 50 percent of the policies so

17  removed cover risks located in other coastal counties, and

18  must also provide that no more than 15 percent of the policies

19  so removed may exclude windstorm coverage. With the approval

20  of the department, the association may waive these geographic

21  criteria for a take-out plan that removes at least the lesser

22  of 100,000 Residential Property and Casualty Joint

23  Underwriting Association policies or 15 percent of the total

24  number of Residential Property and Casualty Joint Underwriting

25  Association policies, provided the governing board of the

26  Residential Property and Casualty Joint Underwriting

27  Association certifies that the take-out plan will materially

28  reduce the Residential Property and Casualty Joint

29  Underwriting Association's 100-year probable maximum loss from

30  hurricanes. With the approval of the department, the board may

31  extend such credits for an additional year if the insurer

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  guarantees an additional year of renewability for all policies

 2  removed from the Residential Property and Casualty Joint

 3  Underwriting Association, or for 2 additional years if the

 4  insurer guarantees 2 additional years of renewability for all

 5  policies removed from the Residential Property and Casualty

 6  Joint Underwriting Association.

 7         b.  Assessments to pay deficits in the association

 8  under this subparagraph shall be included as an appropriate

 9  factor in the making of rates as provided in s. 627.3512.

10         c.  The Legislature finds that the potential for

11  unlimited deficit assessments under this subparagraph may

12  induce insurers to attempt to reduce their writings in the

13  voluntary market, and that such actions would worsen the

14  availability problems that the association was created to

15  remedy. It is the intent of the Legislature that insurers

16  remain fully responsible for paying regular assessments and

17  collecting emergency assessments for any deficits of the

18  association; however, it is also the intent of the Legislature

19  to provide a means by which assessment liabilities may be

20  amortized over a period of years.

21         d.(I)  When the deficit incurred in a particular

22  calendar year is 10 percent or less of the aggregate statewide

23  direct written premium for property insurance for the prior

24  calendar year for all member insurers, the association shall

25  levy an assessment on member insurers in an amount equal to

26  the deficit.

27         (II)  When the deficit incurred in a particular

28  calendar year exceeds 10 percent of the aggregate statewide

29  direct written premium for property insurance for the prior

30  calendar year for all member insurers, the association shall

31  levy an assessment on member insurers in an amount equal to

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  the greater of 10 percent of the deficit or 10 percent of the

 2  aggregate statewide direct written premium for property

 3  insurance for the prior calendar year for member insurers. Any

 4  remaining deficit shall be recovered through emergency

 5  assessments under sub-sub-subparagraph (III).

 6         (III)  Upon a determination by the board of directors

 7  that a deficit exceeds the amount that will be recovered

 8  through regular assessments on member insurers, pursuant to

 9  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

10  board shall levy, after verification by the department,

11  emergency assessments to be collected by member insurers and

12  by underwriting associations created pursuant to this section

13  which write property insurance, upon issuance or renewal of

14  property insurance policies other than National Flood

15  Insurance policies in the year or years following levy of the

16  regular assessments. The amount of the emergency assessment

17  collected in a particular year shall be a uniform percentage

18  of that year's direct written premium for property insurance

19  for all member insurers and underwriting associations,

20  excluding National Flood Insurance policy premiums, as

21  annually determined by the board and verified by the

22  department. The department shall verify the arithmetic

23  calculations involved in the board's determination within 30

24  days after receipt of the information on which the

25  determination was based. Notwithstanding any other provision

26  of law, each member insurer and each underwriting association

27  created pursuant to this section shall collect emergency

28  assessments from its policyholders without such obligation

29  being affected by any credit, limitation, exemption, or

30  deferment. The emergency assessments so collected shall be

31  transferred directly to the association on a periodic basis as

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  determined by the association. The aggregate amount of

 2  emergency assessments levied under this sub-sub-subparagraph

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

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

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

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

 7  percent of the aggregate statewide direct written premium for

 8  property insurance written by member insurers and underwriting

 9  associations for the prior year, plus interest, fees,

10  commissions, required reserves, and other costs associated

11  with financing the original deficit. The board may pledge the

12  proceeds of the emergency assessments under this

13  sub-sub-subparagraph as the source of revenue for bonds, to

14  retire any other debt incurred as a result of the deficit or

15  events giving rise to the deficit, or in any other way that

16  the board determines will efficiently recover the deficit. The

17  emergency assessments under this sub-sub-subparagraph shall

18  continue as long as any bonds issued or other indebtedness

19  incurred with respect to a deficit for which the assessment

20  was imposed remain outstanding, unless adequate provision has

21  been made for the payment of such bonds or other indebtedness

22  pursuant to the document governing such bonds or other

23  indebtedness. Emergency assessments collected under this

24  sub-sub-subparagraph are not part of an insurer's rates, are

25  not premium, and are not subject to premium tax, fees, or

26  commissions; however, failure to pay the emergency assessment

27  shall be treated as failure to pay premium.

28         (IV)  Each member insurer's share of the total regular

29  assessments under sub-sub-subparagraph (I) or

30  sub-sub-subparagraph (II) shall be in the proportion that the

31  insurer's net direct premium for property insurance in this

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  state, for the year preceding the assessment bears to the

 2  aggregate statewide net direct premium for property insurance

 3  of all member insurers, as reduced by any credits for

 4  voluntary writings for that year.

 5         (V)  If regular deficit assessments are made under

 6  sub-sub-subparagraph (I) or sub-sub-subparagraph (II), or by

 7  the Residential Property and Casualty Joint Underwriting

 8  Association under sub-subparagraph (6)(b)3.a. or

 9  sub-subparagraph (6)(b)3.b., the association shall levy upon

10  the association's policyholders, as part of its next rate

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

12  a market equalization surcharge in a percentage equal to the

13  total amount of such regular assessments divided by the

14  aggregate statewide direct written premium for property

15  insurance for member insurers for the prior calendar year.

16  Market equalization surcharges under this sub-sub-subparagraph

17  are not considered premium and are not subject to commissions,

18  fees, or premium taxes; however, failure to pay a market

19  equalization surcharge shall be treated as failure to pay

20  premium.

21         e.  The governing body of any unit of local government,

22  any residents of which are insured under the plan, may issue

23  bonds as defined in s. 125.013 or s. 166.101 to fund an

24  assistance program, in conjunction with the association, for

25  the purpose of defraying deficits of the association. In order

26  to avoid needless and indiscriminate proliferation,

27  duplication, and fragmentation of such assistance programs,

28  any unit of local government, any residents of which are

29  insured by the association, may provide for the payment of

30  losses, regardless of whether or not the losses occurred

31  within or outside of the territorial jurisdiction of the local

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  government. Revenue bonds may not be issued until validated

 2  pursuant to chapter 75, unless a state of emergency is

 3  declared by executive order or proclamation of the Governor

 4  pursuant to s. 252.36 making such findings as are necessary to

 5  determine that it is in the best interests of, and necessary

 6  for, the protection of the public health, safety, and general

 7  welfare of residents of this state and the protection and

 8  preservation of the economic stability of insurers operating

 9  in this state, and declaring it an essential public purpose to

10  permit certain municipalities or counties to issue bonds as

11  will provide relief to claimants and policyholders of the

12  association and insurers responsible for apportionment of plan

13  losses. Any such unit of local government may enter into such

14  contracts with the association and with any other entity

15  created pursuant to this subsection as are necessary to carry

16  out this paragraph. Any bonds issued under this

17  sub-subparagraph shall be payable from and secured by moneys

18  received by the association from assessments under this

19  subparagraph, and assigned and pledged to or on behalf of the

20  unit of local government for the benefit of the holders of

21  such bonds. The funds, credit, property, and taxing power of

22  the state or of the unit of local government shall not be

23  pledged for the payment of such bonds. If any of the bonds

24  remain unsold 60 days after issuance, the department shall

25  require all insurers subject to assessment to purchase the

26  bonds, which shall be treated as admitted assets; each insurer

27  shall be required to purchase that percentage of the unsold

28  portion of the bond issue that equals the insurer's relative

29  share of assessment liability under this subsection. An

30  insurer shall not be required to purchase the bonds to the

31  extent that the department determines that the purchase would

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  endanger or impair the solvency of the insurer. The authority

 2  granted by this sub-subparagraph is additional to any bonding

 3  authority granted by subparagraph 6.

 4         3.  The plan shall also provide that any member with a

 5  surplus as to policyholders of $20 million or less writing 25

 6  percent or more of its total countrywide property insurance

 7  premiums in this state may petition the department, within the

 8  first 90 days of each calendar year, to qualify as a limited

 9  apportionment company. The apportionment of such a member

10  company in any calendar year for which it is qualified shall

11  not exceed its gross participation, which shall not be

12  affected by the formula for voluntary writings. In no event

13  shall a limited apportionment company be required to

14  participate in any apportionment of losses pursuant to

15  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II)

16  in the aggregate which exceeds $50 million after payment of

17  available plan funds in any calendar year. However, a limited

18  apportionment company shall collect from its policyholders any

19  emergency assessment imposed under sub-sub-subparagraph

20  2.d.(III). The plan shall provide that, if the department

21  determines that any regular assessment will result in an

22  impairment of the surplus of a limited apportionment company,

23  the department may direct that all or part of such assessment

24  be deferred. However, there shall be no limitation or

25  deferment of an emergency assessment to be collected from

26  policyholders under sub-sub-subparagraph 2.d.(III).

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

28  or in part, of a regular assessment of a member insurer under

29  sub-sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II),

30  but not for an emergency assessment collected from

31  policyholders under sub-sub-subparagraph 2.d.(III), if, in the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  opinion of the commissioner, payment of such regular

 2  assessment would endanger or impair the solvency of the member

 3  insurer. In the event a regular assessment against a member

 4  insurer is deferred in whole or in part, the amount by which

 5  such assessment is deferred may be assessed against the other

 6  member insurers in a manner consistent with the basis for

 7  assessments set forth in sub-sub-subparagraph 2.d.(I) or

 8  sub-sub-subparagraph 2.d.(II).

 9         5.a.  The plan of operation may include deductibles and

10  rules for classification of risks and rate modifications

11  consistent with the objective of providing and maintaining

12  funds sufficient to pay catastrophe losses.

13         b.  The association may require arbitration of a rate

14  filing under s. 627.062(6). It is the intent of the

15  Legislature that the rates for coverage provided by the

16  association be actuarially sound and not competitive with

17  approved rates charged in the admitted voluntary market such

18  that the association functions as a residual market mechanism

19  to provide insurance only when the insurance cannot be

20  procured in the voluntary market. The plan of operation shall

21  provide a mechanism to assure that, beginning no later than

22  January 1, 1999, the rates charged by the association for each

23  line of business are reflective of approved rates in the

24  voluntary market for hurricane coverage for each line of

25  business in the various areas eligible for association

26  coverage.

27         c.  The association shall provide for windstorm

28  coverage on residential properties in limits up to $10 million

29  for commercial lines residential risks and up to $1 million

30  for personal lines residential risks. If coverage with the

31  association is sought for a residential risk valued in excess

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  of these limits, coverage shall be available to the risk up to

 2  the replacement cost or actual cash value of the property, at

 3  the option of the insured, if coverage for the risk cannot be

 4  located in the authorized market. The association must accept

 5  a commercial lines residential risk with limits above $10

 6  million or a personal lines residential risk with limits above

 7  $1 million if coverage is not available in the authorized

 8  market. The association may write coverage above the limits

 9  specified in this subparagraph with or without facultative or

10  other reinsurance coverage, as the association determines

11  appropriate.

12         d.  The plan of operation must provide objective

13  criteria and procedures, approved by the department, to be

14  uniformly applied for all applicants in determining whether an

15  individual risk is so hazardous as to be uninsurable. In

16  making this determination and in establishing the criteria and

17  procedures, the following shall be considered:

18         (I)  Whether the likelihood of a loss for the

19  individual risk is substantially higher than for other risks

20  of the same class; and

21         (II)  Whether the uncertainty associated with the

22  individual risk is such that an appropriate premium cannot be

23  determined.

24  

25  The acceptance or rejection of a risk by the association

26  pursuant to such criteria and procedures must be construed as

27  the private placement of insurance, and the provisions of

28  chapter 120 do not apply.

29         e.  If the risk accepts an offer of coverage through

30  the market assistance program or through a mechanism

31  established by the association, either before the policy is

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  issued by the association or during the first 30 days of

 2  coverage by the association, and the producing agent who

 3  submitted the application to the association is not currently

 4  appointed by the insurer, the insurer shall:

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

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

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

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

 9  commission of the association; 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 greater of

13  the insurer's or the association's usual and customary

14  commission for the type of policy written.

15  

16  If the producing agent is unwilling or unable to accept

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

18  with sub-sub-subparagraph (I). Subject to the provisions of s.

19  627.3517, the policies issued by the association must provide

20  that if the association obtains an offer from an authorized

21  insurer to cover the risk at its approved rates under either a

22  standard policy including wind coverage or, if consistent with

23  the insurer's underwriting rules as filed with the department,

24  a basic policy including wind coverage, the risk is no longer

25  eligible for coverage through the association. Upon

26  termination of eligibility, the association shall provide

27  written notice to the policyholder and agent of record stating

28  that the association policy must be canceled as of 60 days

29  after the date of the notice because of the offer of coverage

30  from an authorized insurer. Other provisions of the insurance

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  code relating to cancellation and notice of cancellation do

 2  not apply to actions under this sub-subparagraph.

 3         f.  When the association enters into a contractual

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

 5  of the association policy is entitled to retain any unearned

 6  commission on the policy, and the insurer shall:

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

 8  association policy, for the first year, an amount that is the

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

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

11  customary commission of the association; or

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

13  the association policy to continue servicing the policy for a

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

15  greater of the insurer's or the association's usual and

16  customary commission for the type of policy written.

17  

18  If the producing agent is unwilling or unable to accept

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

20  with sub-sub-subparagraph (I).

21         6.a.  The plan of operation may authorize the formation

22  of a private nonprofit corporation, a private nonprofit

23  unincorporated association, a partnership, a trust, a limited

24  liability company, or a nonprofit mutual company which may be

25  empowered, among other things, to borrow money by issuing

26  bonds or by incurring other indebtedness and to accumulate

27  reserves or funds to be used for the payment of insured

28  catastrophe losses. The plan may authorize all actions

29  necessary to facilitate the issuance of bonds, including the

30  pledging of assessments or other revenues.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         b.  Any entity created under this subsection, or any

 2  entity formed for the purposes of this subsection, may sue and

 3  be sued, may borrow money; issue bonds, notes, or debt

 4  instruments; pledge or sell assessments, market equalization

 5  surcharges and other surcharges, rights, premiums, contractual

 6  rights, projected recoveries from the Florida Hurricane

 7  Insurance Catastrophe Fund, other reinsurance recoverables,

 8  and other assets as security for such bonds, notes, or debt

 9  instruments; enter into any contracts or agreements necessary

10  or proper to accomplish such borrowings; and take other

11  actions necessary to carry out the purposes of this

12  subsection. The association may issue bonds or incur other

13  indebtedness, or have bonds issued on its behalf by a unit of

14  local government pursuant to subparagraph (6)(g)2., in the

15  absence of a hurricane or other weather-related event, upon a

16  determination by the association subject to approval by the

17  department that such action would enable it to efficiently

18  meet the financial obligations of the association and that

19  such financings are reasonably necessary to effectuate the

20  requirements of this subsection. Any such entity may

21  accumulate reserves and retain surpluses as of the end of any

22  association year to provide for the payment of losses incurred

23  by the association during that year or any future year. The

24  association shall incorporate and continue the plan of

25  operation and articles of agreement in effect on the effective

26  date of chapter 76-96, Laws of Florida, to the extent that it

27  is not inconsistent with chapter 76-96, and as subsequently

28  modified consistent with chapter 76-96. The board of directors

29  and officers currently serving shall continue to serve until

30  their successors are duly qualified as provided under the

31  plan. The assets and obligations of the plan in effect

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  immediately prior to the effective date of chapter 76-96 shall

 2  be construed to be the assets and obligations of the successor

 3  plan created herein.

 4         c.  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 issued or incurred

10  by the association or any other entity created under this

11  subsection.

12         7.  On such coverage, an agent's remuneration shall be

13  that amount of money payable to the agent by the terms of his

14  or her contract with the company with which the business is

15  placed. However, no commission will be paid on that portion of

16  the premium which is in excess of the standard premium of that

17  company.

18         8.  Subject to approval by the department, the

19  association may establish different eligibility requirements

20  and operational procedures for any line or type of coverage

21  for any specified eligible area or portion of an eligible area

22  if the board determines that such changes to the eligibility

23  requirements and operational procedures are justified due to

24  the voluntary market being sufficiently stable and competitive

25  in such area or for such line or type of coverage and that

26  consumers who, in good faith, are unable to obtain insurance

27  through the voluntary market through ordinary methods would

28  continue to have access to coverage from the association. When

29  coverage is sought in connection with a real property

30  transfer, such requirements and procedures shall not provide

31  for an effective date of coverage later than the date of the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  closing of the transfer as established by the transferor, the

 2  transferee, and, if applicable, the lender.

 3         9.  Notwithstanding any other provision of law:

 4         a.  The pledge or sale of, the lien upon, and the

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

 6  the association created or purported to be created pursuant to

 7  any financing documents to secure any bonds or other

 8  indebtedness of the association shall be and remain valid and

 9  enforceable, notwithstanding the commencement of and during

10  the continuation of, and after, any rehabilitation,

11  insolvency, liquidation, bankruptcy, receivership,

12  conservatorship, reorganization, or similar proceeding against

13  the association under the laws of this state or any other

14  applicable laws.

15         b.  No such proceeding shall relieve the association of

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

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

18  assessments, market equalization or other surcharges,

19  projected recoveries from the Florida Hurricane Insurance

20  Catastrophe Fund, reinsurance recoverables, or any other

21  rights, revenues, or other assets of the association pledged.

22         c.  Each such pledge or sale of, lien upon, and

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

24  lien, or security interest, any such assessments, emergency

25  assessments, market equalization or renewal surcharges,

26  projected recoveries from the Florida Hurricane Insurance

27  Catastrophe Fund, reinsurance recoverables, or other rights,

28  revenues, or other assets which are collected, or levied and

29  collected, after the commencement of and during the pendency

30  of or after any such proceeding shall continue unaffected by

31  such proceeding.

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         d.  As used in this subsection, the term "financing

 2  documents" means any agreement, instrument, or other document

 3  now existing or hereafter created evidencing any bonds or

 4  other indebtedness of the association or pursuant to which any

 5  such bonds or other indebtedness has been or may be issued and

 6  pursuant to which any rights, revenues, or other assets of the

 7  association are pledged or sold to secure the repayment of

 8  such bonds or indebtedness, together with the payment of

 9  interest on such bonds or such indebtedness, or the payment of

10  any other obligation of the association related to such bonds

11  or indebtedness.

12         e.  Any such pledge or sale of assessments, revenues,

13  contract rights or other rights or assets of the association

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

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

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

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

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

19  valid, binding, and enforceable against the association or

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

21  against and superior to any competing claims or obligations

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

23  this state, asserting rights in any such assessments,

24  revenues, contract, or other rights or assets to the extent

25  set forth in and in accordance with the terms of the pledge or

26  sale contained in the applicable financing documents, whether

27  or not any such person or entity has notice of such pledge or

28  sale and without the need for any physical delivery,

29  recordation, filing, or other action.

30         f.  There shall be no liability on the part of, and no

31  cause of action of any nature shall arise against, any member

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  insurer or its agents or employees, agents or employees of the

 2  association, members of the board of directors of the

 3  association, or the department or its representatives, for any

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

 5  responsibilities under this subsection. Such immunity does not

 6  apply to actions for breach of any contract or agreement

 7  pertaining to insurance, or any willful tort.

 8         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

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

10  subject lines of business in this state are subject to

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

12  subsection, are referred to collectively as "assessable

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

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

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

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

17  VIII of chapter 626 are subject to assessment by the

18  corporation and are referred to collectively as "assessable

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

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

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

22  transact insurance for subject lines of business in this state

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

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

25  authority to transact insurance for subject lines of business

26  in this state.

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

28  expenses of the corporation shall be divided into three

29  separate accounts as follows:

30         (I)  A personal lines account for personal residential

31  policies issued by the corporation or issued by the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  Residential Property and Casualty Joint Underwriting

 2  Association and renewed by the corporation that provide

 3  comprehensive, multiperil coverage on risks that are not

 4  located in areas eligible for coverage in the Florida

 5  Windstorm Underwriting Association as those areas were defined

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

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

 8  such areas;

 9         (II)  A commercial lines account for commercial

10  residential policies issued by the corporation or issued by

11  the Residential Property and Casualty Joint Underwriting

12  Association and renewed by the corporation that provide

13  coverage for basic property perils on risks that are not

14  located in areas eligible for coverage in the Florida

15  Windstorm Underwriting Association as those areas were defined

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

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

18  such areas; and

19         (III)  A high-risk account for personal residential

20  policies and commercial residential and commercial

21  nonresidential property policies issued by the corporation or

22  transferred to the corporation that provide coverage for the

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

24  coverage in the Florida Windstorm Underwriting Association as

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

26  account must also include quota share primary insurance under

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

28  high-risk account also includes the area within Port

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

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

31  bordered on the north by Federal Government property. The

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  office may remove territory from the area eligible for

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

 3  the office finds that authorized insurers in the voluntary

 4  market are willing and able to write sufficient amounts of

 5  personal and commercial residential coverage for all perils in

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

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

 8  territory could be issued a policy by the corporation in

 9  either the personal lines or commercial lines account without

10  a significant increase in the corporation's probable maximum

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

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

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

14  high-risk account.

15         b.  The three separate accounts must be maintained as

16  long as financing obligations entered into by the Florida

17  Windstorm Underwriting Association or Residential Property and

18  Casualty Joint Underwriting Association are outstanding, in

19  accordance with the terms of the corresponding financing

20  documents. When the financing obligations are no longer

21  outstanding, in accordance with the terms of the corresponding

22  financing documents, the corporation may use a single account

23  for all revenues, assets, liabilities, losses, and expenses of

24  the corporation.

25         c.  Creditors of the Residential Property and Casualty

26  Joint Underwriting Association shall have a claim against, and

27  recourse to, the accounts referred to in sub-sub-subparagraphs

28  a.(I) and (II) and shall have no claim against, or recourse

29  to, the account referred to in sub-sub-subparagraph a.(III).

30  Creditors of the Florida Windstorm Underwriting Association

31  shall have a claim against, and recourse to, the account

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  referred to in sub-sub-subparagraph a.(III) and shall have no

 2  claim against, or recourse to, the accounts referred to in

 3  sub-sub-subparagraphs a.(I) and (II).

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

 5  not attributable to particular accounts shall be prorated

 6  among the accounts.

 7         e.  The Legislature finds that the revenues of the

 8  corporation are revenues that are necessary to meet the

 9  requirements set forth in documents authorizing the issuance

10  of bonds under this subsection.

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

12  to the benefit of any private person.

13         3.  With respect to a deficit in an account:

14         a.  When the deficit incurred in a particular calendar

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

16  direct written premium for the subject lines of business for

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

18  through regular assessments of assessable insurers under

19  paragraph (g) and assessable insureds.

20         b.  When the deficit incurred in a particular calendar

21  year exceeds 10 percent of the aggregate statewide direct

22  written premium for the subject lines of business for the

23  prior calendar year, the corporation shall levy regular

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

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

26  percent of the deficit or 10 percent of the aggregate

27  statewide direct written premium for the subject lines of

28  business for the prior calendar year. Any remaining deficit

29  shall be recovered through emergency assessments under

30  sub-subparagraph d.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




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

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

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

 4  direct written premium for the subject lines of business for

 5  the year preceding the assessment bears to the aggregate

 6  statewide direct written premium for the subject lines of

 7  business for that year. The assessment percentage applicable

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

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

10  the aggregate statewide direct written premium for the subject

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

12  the corporation on assessable insurers under sub-subparagraphs

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

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

15  corporation on assessable insureds under sub-subparagraphs a.

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

17  time the surplus lines agent collects the surplus lines tax

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

19  Surplus Lines Service Office at the time the surplus lines

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

21  Service Office. Upon receipt of regular assessments from

22  surplus lines agents, the Florida Surplus Lines Service Office

23  shall transfer the assessments directly to the corporation as

24  determined by the corporation.

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

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

27  recovered through regular assessments under sub-subparagraph

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

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

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

31  assessable insurers and the corporation and collected from

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  assessable insureds upon issuance or renewal of policies for

 2  subject lines of business, excluding National Flood Insurance

 3  policies. The amount of the emergency assessment collected in

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

 5  direct written premium for subject lines of business and all

 6  accounts of the corporation, excluding National Flood

 7  Insurance Program policy premiums, as annually determined by

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

 9  the arithmetic calculations involved in the board's

10  determination within 30 days after receipt of the information

11  on which the determination was based. Notwithstanding any

12  other provision of law, the corporation and each assessable

13  insurer that writes subject lines of business shall collect

14  emergency assessments from its policyholders without such

15  obligation being affected by any credit, limitation,

16  exemption, or deferment. Emergency assessments levied by the

17  corporation on assessable insureds shall be collected by the

18  surplus lines agent at the time the surplus lines agent

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

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

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

22  the Florida Surplus Lines Service Office. The emergency

23  assessments so collected shall be transferred directly to the

24  corporation on a periodic basis as determined by the

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

26  applicable account. The aggregate amount of emergency

27  assessments levied for an account under this sub-subparagraph

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

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

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

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

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  percent of the aggregate statewide direct written premium for

 2  subject lines of business and for all accounts of the

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

 4  commissions, required reserves, and other costs associated

 5  with financing the original deficit.

 6         e.  The corporation may pledge the proceeds of

 7  assessments, projected recoveries from the Florida Hurricane

 8  Insurance Catastrophe Fund, other insurance and reinsurance

 9  recoverables, market equalization surcharges and other

10  surcharges, and other funds available to the corporation as

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

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

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

14  mechanisms issued or created under this subsection, or to

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

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

17  board determines will efficiently recover such deficits. The

18  purpose of the lines of credit or other financing mechanisms

19  is to provide additional resources to assist the corporation

20  in covering claims and expenses attributable to a catastrophe.

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

22  regular assessments under sub-subparagraph a.,

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

24  assessments under sub-subparagraph d. Emergency assessments

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

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

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

28  emergency assessment shall be treated as failure to pay

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

30  shall continue as long as any bonds issued or other

31  indebtedness incurred with respect to a deficit for which the

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  assessment was imposed remain outstanding, unless adequate

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

 3  indebtedness pursuant to the documents governing such bonds or

 4  other indebtedness.

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

 6  of business" means insurance written by assessable insurers or

 7  procured by assessable insureds on real or personal property,

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

 9  industrial fire, allied lines, farmowners multiperil,

10  homeowners multiperil, commercial multiperil, and mobile

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

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

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

14  than insurance on mobile homes used as permanent dwellings.

15         g.  The Florida Surplus Lines Service Office shall

16  determine annually the aggregate statewide written premium in

17  subject lines of business procured by assessable insureds and

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

19  at a time the corporation specifies to ensure that the

20  corporation can meet the requirements of this subsection and

21  the corporation's financing obligations.

22         h.  The Florida Surplus Lines Service Office shall

23  verify the proper application by surplus lines agents of

24  assessment percentages for regular assessments and emergency

25  assessments levied under this subparagraph on assessable

26  insureds and shall assist the corporation in ensuring the

27  accurate, timely collection and payment of assessments by

28  surplus lines agents as required by the corporation.

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

30         1.  Must provide for adoption of residential property

31  and casualty insurance policy forms and commercial residential

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  and nonresidential property insurance forms, which forms must

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

 3  adopt the following policy forms:

 4         a.  Standard personal lines policy forms that are

 5  comprehensive multiperil policies providing full coverage of a

 6  residential property equivalent to the coverage provided in

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

 8  policy.

 9         b.  Basic personal lines policy forms that are policies

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

11  provide coverage meeting the requirements of the secondary

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

13  coverage under a standard policy.

14         c.  Commercial lines residential policy forms that are

15  generally similar to the basic perils of full coverage

16  obtainable for commercial residential structures in the

17  admitted voluntary market.

18         d.  Personal lines and commercial lines residential

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

20  The forms are applicable only to residential properties

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

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

23         e.  Commercial lines nonresidential property insurance

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

25  applicable only to nonresidential properties located in areas

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

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

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

29  in which the corporation and authorized insurers enter into

30  quota share primary insurance agreements for hurricane

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

                                  65

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  and adopt property insurance forms for eligible risks which

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

 3  term:

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

 5  arrangement in which the primary hurricane coverage of an

 6  eligible risk is provided in specified percentages by the

 7  corporation and an authorized insurer. The corporation and

 8  authorized insurer are each solely responsible for a specified

 9  percentage of hurricane coverage of an eligible risk as set

10  forth in a quota share primary insurance agreement between the

11  corporation and an authorized insurer and the insurance

12  contract. The responsibility of the corporation or authorized

13  insurer to pay its specified percentage of hurricane losses of

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

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

16  the other party to the agreement to pay its specified

17  percentage of hurricane losses. Eligible risks that are

18  provided hurricane coverage through a quota share primary

19  insurance arrangement must be provided policy forms that set

20  forth the obligations of the corporation and authorized

21  insurer under the arrangement, clearly specify the percentages

22  of quota share primary insurance provided by the corporation

23  and authorized insurer, and conspicuously and clearly state

24  that neither the authorized insurer nor the corporation may be

25  held responsible beyond its specified percentage of coverage

26  of hurricane losses.

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

28  and commercial lines residential risks that meet the

29  underwriting criteria of the corporation and are located in

30  areas that were eligible for coverage by the Florida Windstorm

31  Underwriting Association on January 1, 2002.

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         b.  The corporation may enter into quota share primary

 2  insurance agreements with authorized insurers at corporation

 3  coverage levels of 90 percent and 50 percent.

 4         c.  If the corporation determines that additional

 5  coverage levels are necessary to maximize participation in

 6  quota share primary insurance agreements by authorized

 7  insurers, the corporation may establish additional coverage

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

 9  insurance coverage level may not exceed 90 percent.

10         d.  Any quota share primary insurance agreement entered

11  into between an authorized insurer and the corporation must

12  provide for a uniform specified percentage of coverage of

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

14  corporation board, for all eligible risks of the authorized

15  insurer covered under the quota share primary insurance

16  agreement.

17         e.  Any quota share primary insurance agreement entered

18  into between an authorized insurer and the corporation is

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

20  agreement shall be authorized only as to insurance contracts

21  entered into between an authorized insurer and an insured who

22  is already insured by the corporation for wind coverage.

23         f.  For all eligible risks covered under quota share

24  primary insurance agreements, the exposure and coverage levels

25  for both the corporation and authorized insurers shall be

26  reported by the corporation to the Florida Hurricane Insurance

27  Catastrophe Fund. For all policies of eligible risks covered

28  under quota share primary insurance agreements, the

29  corporation and the authorized insurer shall maintain complete

30  and accurate records for the purpose of exposure and loss

31  reimbursement audits as required by Florida Hurricane

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  Insurance Catastrophe Fund rules. The corporation and the

 2  authorized insurer shall each maintain duplicate copies of

 3  policy declaration pages and supporting claims documents.

 4         g.  The corporation board shall establish in its plan

 5  of operation standards for quota share agreements which ensure

 6  that there is no discriminatory application among insurers as

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

 8  agreements, incentive provisions if any, and consideration

 9  paid for servicing policies or adjusting claims.

10         h.  The quota share primary insurance agreement between

11  the corporation and an authorized insurer must set forth the

12  specific terms under which coverage is provided, including,

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

14  under the agreement by the insurance agent of the authorized

15  insurer producing the business, the reporting of information

16  concerning eligible risks, the payment of premium to the

17  corporation, and arrangements for the adjustment and payment

18  of hurricane claims incurred on eligible risks by the claims

19  adjuster and personnel of the authorized insurer. Entering

20  into a quota sharing insurance agreement between the

21  corporation and an authorized insurer shall be voluntary and

22  at the discretion of the authorized insurer.

23         3.  May provide that the corporation may employ or

24  otherwise contract with individuals or other entities to

25  provide administrative or professional services that may be

26  appropriate to effectuate the plan. The corporation shall have

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

28  other indebtedness, and shall have other powers reasonably

29  necessary to effectuate the requirements of this subsection,

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

31  incur other indebtedness in order to refinance outstanding

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




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

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

 3  indebtedness under chapter 75. The corporation may issue bonds

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

 5  behalf by a unit of local government pursuant to subparagraph

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

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

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

 9  efficiently meet the financial obligations of the corporation

10  and that such financings are reasonably necessary to

11  effectuate the requirements of this subsection. The

12  corporation is authorized to take all actions needed to

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

14  including formation of trusts or other affiliated entities.

15  The corporation shall have the authority to pledge

16  assessments, projected recoveries from the Florida Hurricane

17  Insurance Catastrophe Fund, other reinsurance recoverables,

18  market equalization and other surcharges, and other funds

19  available to the corporation as security for bonds or other

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

21  Constitution, prohibiting the impairment of obligations of

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

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

24  financing agreement or any revenue source committed by

25  contract to such bond or other indebtedness.

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

27  to the supervision and approval of a board of governors

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

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

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

31  the Speaker of the House of Representatives shall each appoint

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




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

 2  one of the two members appointed by each appointing officer

 3  must have demonstrated expertise in insurance. The Chief

 4  Financial Officer shall designate one of the appointees as

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

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

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

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

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

10  Chief Financial Officer shall appoint a technical advisory

11  group to provide information and advice to the board of

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

13  subsection. The executive director and senior managers of the

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

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

16  board. The executive director is responsible for employing

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

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

19         b.  The board shall create a Market Accountability

20  Advisory Committee to assist the corporation in developing

21  awareness of its rates and its customer and agent service

22  levels in relationship to the voluntary market insurers

23  writing similar coverage. The members of the advisory

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

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

26  four representatives, one appointed by the Florida Association

27  of Insurance Agents, one by the Florida Association of

28  Insurance and Financial Advisors, one by the Professional

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

30  Association of Insurance Agencies; three representatives

31  appointed by the insurers with the three highest voluntary

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  market share of residential property insurance business in the

 2  state; one representative from the Office of Insurance

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

 4  by the corporation at the time of appointment to the

 5  committee; one representative appointed by the Florida

 6  Association of Realtors; and one representative appointed by

 7  the Florida Bankers Association. All members must serve for

 8  3-year terms and may serve for consecutive terms. The

 9  committee shall report to the corporation at each board

10  meeting on insurance market issues which may include rates and

11  rate competition with the voluntary market; service, including

12  policy issuance, claims processing, and general responsiveness

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

14  to depopulation.

15         5.  Must provide a procedure for determining the

16  eligibility of a risk for coverage, as follows:

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

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

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

20  approved rate under either a standard policy including wind

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

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

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

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

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

26  including wind coverage or a basic policy including wind

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

28  not be insured under a standard policy including wind coverage

29  regardless of market conditions, the risk shall be eligible

30  for a basic policy including wind coverage unless rejected

31  under subparagraph 8. The corporation shall determine the type

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




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

 2  specified in the underwriting manual and based on generally

 3  accepted underwriting practices.

 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 to the

10  corporation is not currently appointed by the insurer, the

11  insurer shall:

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

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

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

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

16  commission of the corporation; or

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

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

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

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

21  commission for the type of policy written.

22  

23  If the producing agent is unwilling or unable to accept

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

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

26         (II)  When the corporation enters into a contractual

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

28  of the corporation policy is entitled to retain any unearned

29  commission on the policy, and the insurer shall:

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

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

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




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

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

 3  customary commission of the corporation; or

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

 5  the corporation policy to continue servicing the policy for a

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

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

 8  customary commission for the type of policy written.

 9  

10  If the producing agent is unwilling or unable to accept

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

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

13         b.  With respect to commercial lines residential risks,

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

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

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

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

18  eligible for a policy including wind coverage issued by the

19  corporation.

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

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

22  mechanism established by the corporation before a policy is

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

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

25  who submitted the application to the plan or the corporation

26  is not currently appointed by the insurer, the 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 2664
    14-1495B-06                                        See HB 1209




 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         6.  Must include rules for classifications of risks and

29  rates therefor.

30         7.  Must provide that if premium and investment income

31  for an account attributable to a particular calendar year are

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  in excess of projected losses and expenses for the account

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

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

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

 5  be used for that purpose prior to assessing assessable

 6  insurers and assessable insureds as to any calendar year.

 7         8.  Must provide objective criteria and procedures to

 8  be uniformly applied for all applicants in determining whether

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

10  making this determination and in establishing the criteria and

11  procedures, the following shall be considered:

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

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

14  class; and

15         b.  Whether the uncertainty associated with the

16  individual risk is such that an appropriate premium cannot be

17  determined.

18  

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

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

21  provisions of chapter 120 shall not apply.

22         9.  Must provide that the corporation shall make its

23  best efforts to procure catastrophe reinsurance at reasonable

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

25  as determined by the board of governors.

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

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

28  (b)3.b., in the personal lines account, the commercial lines

29  residential account, or the high-risk account, the corporation

30  shall levy upon corporation policyholders in its next rate

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

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  a market equalization surcharge arising from a regular

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

 3  amount of such regular assessments divided by the aggregate

 4  statewide direct written premium for subject lines of business

 5  for the prior calendar year. Market equalization surcharges

 6  under this subparagraph are not considered premium and are not

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

 8  failure to pay a market equalization surcharge shall be

 9  treated as failure to pay premium.

10         11.  The policies issued by the corporation must

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

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

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

14  renewal through the corporation.

15         12.  Corporation policies and applications must include

16  a notice that the corporation policy could, under this

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

18  insurer that does not provide coverage identical to the

19  coverage provided by the corporation. The notice shall also

20  specify that acceptance of corporation coverage creates a

21  conclusive presumption that the applicant or policyholder is

22  aware of this potential.

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

24  different eligibility requirements and operational procedures

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

26  area if the board determines that such changes to the

27  eligibility requirements and operational procedures are

28  justified due to the voluntary market being sufficiently

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

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

31  to obtain insurance through the voluntary market through

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  ordinary methods would continue to have access to coverage

 2  from the corporation. When coverage is sought in connection

 3  with a real property transfer, such requirements and

 4  procedures shall not provide for an effective date of coverage

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

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

 7  applicable, the lender.

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

 9  account, any assessable insurer with a surplus as to

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

11  more of its total countrywide property insurance premiums in

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

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

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

15  required to participate in the portion of any assessment,

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

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

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

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

20  apportionment company shall collect from its policyholders any

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

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

23  regular assessment will result in an impairment of the surplus

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

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

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

27  deferment of an emergency assessment to be collected from

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

29         15.  Must provide that the corporation appoint as its

30  licensed agents only those agents who also hold an appointment

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

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  the agent's initial appointment by the corporation is

 2  authorized to write and is actually writing personal lines

 3  residential property coverage, commercial residential property

 4  coverage, or commercial nonresidential property coverage

 5  within the state.

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

 7  conditions giving rise to the establishment and activation of

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

 9  Upon dissolution, the assets of the corporation shall be

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

11  of the corporation, including the establishment of reasonable

12  reserves for any contingent liabilities or obligations, and

13  all remaining assets of the corporation shall become property

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

15  Insurance Catastrophe Fund. However, no dissolution shall take

16  effect as long as the corporation has bonds or other financial

17  obligations outstanding unless adequate provision has been

18  made for the payment of the bonds or other financial

19  obligations pursuant to the documents authorizing the issuance

20  of the bonds or other financial obligations.

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

22  Residential Property and Casualty Joint Underwriting

23  Association shall become policies of the corporation. All

24  obligations, rights, assets and liabilities of the Residential

25  Property and Casualty Joint Underwriting Association,

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

27  documents pertaining to them become those of the corporation

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

29  endorsements or certificates of assumption to insureds during

30  the remaining term of in-force transferred policies.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 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 2664
    14-1495B-06                                        See HB 1209




 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 Insurance Catastrophe Fund. The coverage provided by

19  the Florida Hurricane Insurance Catastrophe Fund to the

20  Florida Windstorm Underwriting Association based on its

21  exposures as of June 30, 2002, and each June 30 thereafter

22  shall be redesignated as coverage for the high-risk account of

23  the corporation. Notwithstanding any other provision of law,

24  the coverage provided by the Florida Hurricane Insurance

25  Catastrophe Fund to the Residential Property and Casualty

26  Joint Underwriting Association based on its exposures as of

27  June 30, 2002, and each June 30 thereafter shall be

28  transferred to the personal lines account and the commercial

29  lines account of the corporation. Notwithstanding any other

30  provision of law, the high-risk account shall be treated, for

31  all Florida Hurricane Insurance Catastrophe Fund purposes, as

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  if it were a separate participating insurer with its own

 2  exposures, reimbursement premium, and loss reimbursement.

 3  Likewise, the personal lines and commercial lines accounts

 4  shall be viewed together, for all Florida Hurricane Insurance

 5  Catastrophe Fund purposes, as if the two accounts were one and

 6  represent a single, separate participating insurer with its

 7  own exposures, reimbursement premium, and loss reimbursement.

 8  The coverage provided by the Florida Hurricane Insurance

 9  Catastrophe Fund to the corporation shall constitute and

10  operate as a full transfer of coverage from the Florida

11  Windstorm Underwriting Association and Residential Property

12  and Casualty Joint Underwriting to the corporation.

13         Section 10.  Paragraph (d) of subsection (6) of section

14  627.701, Florida Statutes, is amended to read:

15         627.701  Liability of insureds; coinsurance;

16  deductibles.--

17         (6)

18         (d)  The office shall draft and formally propose as a

19  rule the form for the certificate of security. The certificate

20  of security may be issued in any of the following

21  circumstances:

22         1.  A mortgage lender or other financial institution

23  may issue a certificate of security after granting the

24  applicant a line of credit, secured by equity in real property

25  or other reasonable security, which line of credit may be

26  drawn on only to pay for the deductible portion of insured

27  construction or reconstruction after a hurricane loss. In the

28  sole discretion of the mortgage lender or other financial

29  institution, the line of credit may be issued to an applicant

30  on an unsecured basis.

31  

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         2.  A licensed insurance agent may issue a certificate

 2  of security after obtaining for an applicant a line of credit,

 3  secured by equity in real property or other reasonable

 4  security, which line of credit may be drawn on only to pay for

 5  the deductible portion of insured construction or

 6  reconstruction after a hurricane loss. The Florida Hurricane

 7  Insurance Catastrophe Fund shall negotiate agreements creating

 8  a financing consortium to serve as an additional source of

 9  lines of credit to secure deductibles. Any licensed insurance

10  agent may act as the agent of such consortium.

11         3.  Any person qualified to act as a trustee for any

12  purpose may issue a certificate of security secured by a

13  pledge of assets, with the restriction that the assets may be

14  drawn on only to pay for the deductible portion of insured

15  construction or reconstruction after a hurricane loss.

16         4.  Any insurer, including any admitted insurer or any

17  surplus lines insurer, may issue a certificate of security

18  after issuing the applicant a policy of supplemental insurance

19  that will pay for 100 percent of the deductible portion of

20  insured construction or reconstruction after a hurricane loss.

21         5.  Any other method approved by the office upon

22  finding that such other method provides a similar level of

23  security as the methods specified in this paragraph and that

24  such other method has no negative impact on residential

25  property insurance catastrophic capacity. The legislative

26  intent of this subparagraph is to provide the flexibility

27  needed to achieve the public policy of expanding property

28  insurance capacity while improving the affordability of

29  property insurance.

30         Section 11.  Paragraph (a) of subsection (3) of section

31  627.7077, Florida Statutes, is amended to read:

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1         627.7077  Florida Sinkhole Insurance Facility and other

 2  matters related to affordability and availability of sinkhole

 3  insurance; feasibility study.--

 4         (3)  The feasibility study shall, at a minimum, address

 5  the following issues:

 6         (a)  Where the facility should be housed, including,

 7  but not limited to, the options of creating a separate

 8  facility or using the Citizens Property Insurance Corporation

 9  or the Florida Hurricane Insurance Catastrophe Fund.

10         Section 12.  Subsection (3) of section 109 of chapter

11  2000-141, Laws of Florida, is amended to read:

12         Section 109.  The Legislature has reviewed the Florida

13  Building Code that was adopted by action of the Florida

14  Building Commission on February 15, 2000, and that was noticed

15  for rule adoption by reference in Rule 9B-3.047, F.A.C., on

16  February 18, 2000, in the Florida Administrative Weekly on

17  page 731. The Florida Building Commission is directed to

18  continue the process to adopt the code, pursuant to section

19  120.54(3), Florida Statutes, and to incorporate the following

20  provisions or standards for the State of Florida:

21         (3)  For areas of the state not within the high

22  velocity hurricane zone, the commission shall adopt, pursuant

23  to s. 553.73, Florida Statutes, the wind protection

24  requirements of the American Society of Civil Engineers,

25  Standard 7, 1998 edition as implemented by the International

26  Building Code, 2000 edition, and as modified by the commission

27  in its February 15, 2000, adoption of the Florida Building

28  Code for rule adoption by reference in Rule 9B-3.047, Florida

29  Administrative Code. However, from the eastern border of

30  Franklin County to the Florida-Alabama line, only land within

31  1 mile of the coast shall be subject to the windborne-debris

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    Florida Senate - 2006                                  SB 2664
    14-1495B-06                                        See HB 1209




 1  requirements adopted by the commission. The exact location of

 2  wind speed lines shall be established by local ordinance,

 3  using recognized physical landmarks such as major roads,

 4  canals, rivers, and lake shores, wherever possible. Buildings

 5  constructed in the windborne debris region must be either

 6  designed for internal pressures that may result inside a

 7  building when a window or door is broken or a hole is created

 8  in its walls or roof by large debris, or be designed with

 9  protected openings. Except in the high velocity hurricane

10  zone, local governments may not prohibit the option of

11  designing buildings to resist internal pressures.

12  

13  The Legislature declares that changes made to the proposed

14  Rule 9B-3.047, Florida Administrative Code, to implement the

15  requirements of this act prior to October 1, 2000, are not

16  subject to rule challenges under section 120.56, Florida

17  Statutes. However, the entire rule, adopted pursuant to s.

18  120.54(3), Florida Statutes, as amended after October 1, 2000,

19  is subject to rule challenges under s. 120.56, Florida

20  Statutes.

21         Section 13.  This act shall take effect July 1, 2006.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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