Senate Bill sb0780

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    Florida Senate - 2006                                   SB 780

    By Senator Klein





    30-348B-06

  1                      A bill to be entitled

  2         An act relating to property and casualty

  3         insurance; transferring, renumbering, and

  4         amending ss. 350.061, 350.0611, 350.0612,

  5         350.0613, and 350.0614, F.S.; authorizing the

  6         Public Counsel to represent the general public

  7         before the Office of Insurance Regulation;

  8         including certain proceedings related to rules

  9         and rate filings for residential property

10         insurance; authorizing the Public Counsel to

11         have access to files of the office, to seek

12         review of orders of the office, to issue

13         reports, recommendations, and proposed orders

14         to the office; specifying where the Public

15         Counsel shall maintain his or her office;

16         authorizing the Joint Legislative Auditing

17         Committee to authorize the Public Counsel to

18         employ certain types of employees; requiring

19         the Office of Insurance Regulation to provide

20         copies of certain filings to the Public

21         Counsel; amending s. 112.3145, F.S.; conforming

22         a cross-reference; amending s. 215.559, F.S.;

23         revising the distribution of funds in the

24         Hurricane Loss Mitigation Program; revising

25         provisions relating to a low-interest loan

26         program; amending s. 408.40, F.S.; conforming a

27         cross-reference; amending s. 624.319, F.S.;

28         authorizing the Public Counsel to have access

29         to certain confidential information held by the

30         Department of Financial Services or the Office

31         of Insurance Regulation; amending s. 627.062,

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 1         F.S.; abolishing "use and file" rate filings;

 2         amending s. 627.062, F.S.; deleting provisions

 3         that allow an insurer to require arbitration of

 4         a rate filing for property and casualty

 5         insurance; amending s. 627.0629, F.S.;

 6         requiring underwriting rules for homeowners'

 7         insurance to be filed with and approved by the

 8         Office of Insurance Regulation; providing for

 9         filing and approval provisions; amending s.

10         627.0651, F.S.; abolishing "use and file" rate

11         filings; deleting reference to the filing of

12         specified underwriting rules for homeowners'

13         insurance; amending s. 627.311, F.S.;

14         abolishing "use and file" rate filings;

15         amending s. 627.4025, F.S.; redefining the term

16         "hurricane coverage" to include coverage for

17         damage from wind-driven water; amending s.

18         627.4133, F.S.; prohibiting an insurer from

19         canceling or nonrenewing a residential property

20         insurance policy for certain reasons; amending

21         s. 627.4145, F.S.; increasing the minimum score

22         on the reading ease test for insurance

23         policies; creating s. 627.41494, F.S.;

24         providing for consumer participation in review

25         of insurance rate changes; providing for public

26         inspection of rate filings; providing for

27         adoption of rules by the Financial Services

28         Commission; requiring insurers to pay costs of

29         consumer advocacy groups under certain

30         circumstances; amending s. 627.701, F.S.;

31         revising the hurricane deductibles that

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 1         insurers must offer for personal lines

 2         residential property insurance policies;

 3         creating s. 627.70105, F.S.; requiring payment

 4         of living expenses required due to

 5         uninhabitability of insured property within a

 6         specified time; providing an appropriation;

 7         providing effective dates.

 8  

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

10  

11         Section 1.  This act may be cited as the "Homeowners'

12  Defense Act."

13         Section 2.  Section 350.061, Florida Statutes, is

14  transferred, renumbered as section 11.402, Florida Statutes,

15  and amended to read:

16         11.402 350.061  Public Counsel; appointment; oath;

17  restrictions on Public Counsel and his or her employees.--

18         (1)  The Committee on Public Service Commission

19  Oversight shall appoint a Public Counsel by majority vote of

20  the members of the committee to represent the general public

21  of Florida before the Florida Public Service Commission and

22  the Office of Insurance Regulation. The Public Counsel shall

23  be an attorney admitted to practice before the Florida Supreme

24  Court and shall serve at the pleasure of the Committee on

25  Public Service Commission Oversight, subject to biennial

26  reconfirmation by the committee. The Public Counsel shall

27  perform his or her duties independently. Vacancies in the

28  office shall be filled in the same manner as the original

29  appointment.

30  

31  

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 1         (2)  The Public Counsel shall take and subscribe to the

 2  oath of office required of state officers by the State

 3  Constitution.

 4         (3)  No officer or full-time employee of the Public

 5  Counsel shall actively engage in any other business or

 6  profession; serve as the representative of any political party

 7  or on any executive committee or other governing body thereof;

 8  serve as an executive, officer, or employee of any political

 9  party, committee, organization, or association; receive

10  remuneration for activities on behalf of any candidate for

11  public office; or engage on behalf of any candidate for public

12  office in the solicitation of votes or other activities in

13  behalf of such candidacy.  Neither the Public Counsel nor any

14  employee of the Public Counsel shall become a candidate for

15  election to public office unless he or she shall first resign

16  from his or her office or employment.

17         Section 3.  Section 350.0611, Florida Statutes, is

18  transferred, renumbered as section 11.403, Florida Statutes,

19  and amended to read:

20         11.403 350.0611  Public Counsel; duties and powers.--It

21  shall be the duty of the Public Counsel to provide legal

22  representation for the people of the state in proceedings

23  before the Public Service Commission and the Office of

24  Insurance Regulation and in proceedings before counties

25  pursuant to s. 367.171(8). The Public Counsel shall have such

26  powers as are necessary to carry out the duties of his or her

27  office, including, but not limited to, the following specific

28  powers:

29         (1)  To recommend to the Public Service Commission or

30  the counties, by petition, the commencement of any proceeding

31  or action or to appear, in the name of the state or its

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 1  citizens, in any proceeding or action before the commission or

 2  the counties.

 3         (2)  To recommend to the Office of Insurance

 4  Regulation, by petition, the commencement of, and to appear in

 5  the name of the state or its citizens in, any proceeding or

 6  action before the office relating to:

 7         (a)  Rules governing residential property insurance; or

 8         (b)  Rate filings for residential property insurance

 9  which, pursuant to standards determined by the office, request

10  an average statewide rate increase of 10 percent or greater as

11  compared to the current rates in effect or the rates in effect

12  12 months prior to the proposed effective date.

13  

14  The Public Counsel may not stay any final order of the Office

15  of Insurance Regulation.

16         (3)  To and urge in any proceeding or action to which

17  he or she is a party therein any position that which he or she

18  deems to be in the public interest, whether consistent or

19  inconsistent with positions previously adopted by the

20  commission, or the counties, or the office, and use utilize

21  therein all forms of discovery available to attorneys in civil

22  actions generally, subject to protective orders of the

23  commission, or the counties, or the office, which shall be

24  reviewable by summary procedure in the circuit courts of this

25  state.;

26         (4)(2)  To have access to and use of all files,

27  records, and data of the commission, or the counties, or the

28  office available to any other attorney representing parties in

29  a proceeding before the commission, or the counties, or the

30  office.;

31  

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 1         (5)(3)  In any proceeding in which he or she has

 2  participated as a party, to seek review of any determination,

 3  finding, or order of the commission, or the counties, or the

 4  office, or of any hearing examiner designated by the

 5  commission, or the counties, or the office, in the name of the

 6  state or its citizens.;

 7         (6)(4)  To prepare and issue reports, recommendations,

 8  and proposed orders to the commission or office, the Governor,

 9  and the Legislature on any matter or subject within the

10  jurisdiction of the commission or office, and to make such

11  recommendations as he or she deems appropriate for legislation

12  relative to commission or office procedures, rules,

13  jurisdiction, personnel, and functions.; and

14         (7)(5)  To appear before other state agencies, federal

15  agencies, and state and federal courts in connection with

16  matters under the jurisdiction of the commission or office, in

17  the name of the state or its citizens.

18         Section 4.  Section 350.0612, Florida Statutes, is

19  transferred, renumbered as section 11.404, Florida Statutes,

20  and amended to read:

21         11.404 350.0612  Public Counsel; location.--The Public

22  Counsel shall maintain his or her office in Leon County on the

23  premises of the commission or, if suitable space there cannot

24  be provided, at such other place convenient to the offices of

25  the Public Services Commission or the Office of Insurance

26  Regulation commissioners as will enable him or her to carry

27  out expeditiously the duties and functions of his or her

28  office.

29         Section 5.  Section 350.0613, Florida Statutes, is

30  transferred, renumbered as section 11.405, Florida Statutes,

31  and amended to read:

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 1         11.405 350.0613  Public Counsel; employees; receipt of

 2  pleadings.--The Joint Legislative Auditing Committee may

 3  authorize the Public Counsel to employ clerical and technical

 4  assistants whose qualifications, duties, and responsibilities

 5  the committee shall from time to time prescribe. The committee

 6  may from time to time authorize retention of the services of

 7  additional attorneys, actuaries, economists, or experts to the

 8  extent that the best interests of the people of the state will

 9  be better served thereby, including the retention of expert

10  witnesses and other technical personnel for participation in

11  contested proceedings before the Public Service Commission or

12  Office of Insurance Regulation.  The commission shall furnish

13  the Public Counsel with copies of the initial pleadings in all

14  proceedings before the commission. The office shall furnish

15  the Public Counsel with copies of all filings that relate to

16  the jurisdiction of the Public Counsel pursuant to s.

17  11.403(2)., and If the Public Counsel intervenes as a party in

18  any proceeding he or she shall be served with copies of all

19  subsequent pleadings, exhibits, and prepared testimony, if

20  used. Upon filing notice of intervention, the Public Counsel

21  shall serve all interested parties with copies of such notice

22  and all of his or her subsequent pleadings and exhibits.

23         Section 6.  Section 350.0614, Florida Statutes, is

24  transferred, renumbered as section 11.406, Florida Statutes,

25  and amended to read:

26         11.406 350.0614  Public Counsel; compensation and

27  expenses.--

28         (1)  The salaries and expenses of the Public Counsel

29  and his or her employees shall be allocated by the committee

30  only from moneys appropriated to the Public Counsel by the

31  Legislature.

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 1         (2)  The Legislature declares and determines that the

 2  Public Counsel is under the legislative branch of government

 3  within the intention of the legislation as expressed in

 4  chapter 216, and no power shall be in the Executive Office of

 5  the Governor or its successor to release or withhold funds

 6  appropriated to it, but the same shall be available for

 7  expenditure as provided by law and the rules or decisions of

 8  the Committee on Public Service Commission Oversight.

 9         (3)  Neither the Executive Office of the Governor nor

10  the Department of Management Services or its successor shall

11  have power to determine the number, or fix the compensation,

12  of the employees of the Public Counsel or to exercise any

13  manner of control over them.

14         Section 7.  Paragraph (b) of subsection (1) of section

15  112.3145, Florida Statutes, is amended to read:

16         112.3145  Disclosure of financial interests and clients

17  represented before agencies.--

18         (1)  For purposes of this section, unless the context

19  otherwise requires, the term:

20         (b)  "Specified state employee" means:

21         1.  Public counsel created by chapter 11 350, an

22  assistant state attorney, an assistant public defender, a

23  full-time state employee who serves as counsel or assistant

24  counsel to any state agency, the Deputy Chief Judge of

25  Compensation Claims, a judge of compensation claims, an

26  administrative law judge, or a hearing officer.

27         2.  Any person employed in the office of the Governor

28  or in the office of any member of the Cabinet if that person

29  is exempt from the Career Service System, except persons

30  employed in clerical, secretarial, or similar positions.

31  

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 1         3.  Each appointed secretary, assistant secretary,

 2  deputy secretary, executive director, assistant executive

 3  director, or deputy executive director of each state

 4  department, commission, board, or council; unless otherwise

 5  provided, the division director, assistant division director,

 6  deputy director, bureau chief, and assistant bureau chief of

 7  any state department or division; or any person having the

 8  power normally conferred upon such persons, by whatever title.

 9         4.  The superintendent or institute director of a state

10  mental health institute established for training and research

11  in the mental health field or the warden or director of any

12  major state institution or facility established for

13  corrections, training, treatment, or rehabilitation.

14         5.  Business managers, purchasing agents having the

15  power to make any purchase exceeding the threshold amount

16  provided for in s. 287.017 for CATEGORY ONE, finance and

17  accounting directors, personnel officers, or grants

18  coordinators for any state agency.

19         6.  Any person, other than a legislative assistant

20  exempted by the presiding officer of the house by which the

21  legislative assistant is employed, who is employed in the

22  legislative branch of government, except persons employed in

23  maintenance, clerical, secretarial, or similar positions.

24         7.  Each employee of the Commission on Ethics.

25         Section 8.  Section 215.559, Florida Statutes, is

26  amended to read:

27         215.559  Hurricane Loss Mitigation Program.--

28         (1)  There is created a Hurricane Loss Mitigation

29  Program. The Legislature shall annually appropriate $10

30  million of the moneys authorized for appropriation under s.

31  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to

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 1  the Department of Community Affairs for the purposes set forth

 2  in this section.

 3         (2)(a)  One Seven million dollars in funds provided in

 4  subsection (1) shall be used for programs to improve the wind

 5  resistance of residences and mobile homes, including loans,

 6  subsidies, grants, demonstration projects, and direct

 7  assistance; cooperative programs with local governments and

 8  the Federal Government; and other efforts to prevent or reduce

 9  losses or reduce the cost of rebuilding after a disaster.

10         (b)  Six million dollars in funds provided in

11  subsection (1) shall be used for programs to improve the wind

12  resistance of residences to prevent or reduce losses or reduce

13  the cost of rebuilding after a disaster.

14         (c)  The department shall, with the funds authorized in

15  paragraphs (a) and (b), establish a program of low-interest

16  loans to qualified owners of residences and qualified owners

17  of mobile homes. For the purpose of this section, the term

18  "low-interest loan" means any direct loan or loan guarantee

19  issued or backed by such authorized funds to a qualified owner

20  to finance efforts to prevent or reduce losses or reduce the

21  cost of rebuilding after a disaster with a requirement for

22  repayment by the owner. Loans provided under this section

23  shall be made at a rate of up to 2 percent below the qualified

24  loan rate as determined by the department. The terms and

25  conditions of the low-interest loan program, including loan

26  incentive provisions, and the qualifications required of

27  owners of residences and owners of mobile homes shall be

28  determined by the department.

29         (d)(b)  Three million dollars in funds provided in

30  subsection (1) shall be used to retrofit existing facilities

31  used as public hurricane shelters. The department must

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 1  prioritize the use of these funds for projects included in the

 2  September 1, 2000, version of the Shelter Retrofit Report

 3  prepared in accordance with s. 252.385(3), and each annual

 4  report thereafter. The department must give funding priority

 5  to projects in regional planning council regions that have

 6  shelter deficits and to projects that maximize use of state

 7  funds.

 8         (3)  By the 2006-2007 fiscal year, the Department of

 9  Community Affairs shall develop a low-interest loan program

10  for homeowners and mobile home owners to retrofit their homes

11  with fixtures or apply construction techniques that have been

12  demonstrated to reduce the amount of damage or loss due to a

13  hurricane. Funding for the program shall be used to subsidize

14  or guaranty private-sector loans for this purpose to qualified

15  homeowners by financial institutions chartered by the state or

16  Federal Government. The department may enter into contracts

17  with financial institutions for this purpose. The department

18  shall establish criteria for determining eligibility for the

19  loans and selecting recipients, standards for retrofitting

20  homes or mobile homes, limitations on loan subsidies and loan

21  guaranties, and other terms and conditions of the program,

22  which must be specified in the department's report to the

23  Legislature on January 1, 2006, required by subsection (8).

24  For the 2005-2006 fiscal year, the Department of Community

25  Affairs may use up to $1 million of the funds appropriated

26  pursuant to paragraph (2)(a) to begin the low-interest loan

27  program as a pilot project in one or more counties. The

28  Department of Financial Services, the Office of Financial

29  Regulation, the Florida Housing Finance Corporation, and the

30  Office of Tourism, Trade, and Economic Development shall

31  assist the Department of Community Affairs in establishing the

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 1  program and pilot project. The department may use up to 2.5

 2  percent of the funds appropriated in any given fiscal year for

 3  administering the loan program. The department may adopt rules

 4  to implement the program.

 5         (3)(4)  Forty percent of the total appropriation in

 6  paragraph (2)(a) shall be used to inspect and improve

 7  tie-downs for mobile homes. Within 30 days after the effective

 8  date of that appropriation, the department shall contract with

 9  a public higher educational institution in this state which

10  has previous experience in administering the programs set

11  forth in this subsection to serve as the administrative entity

12  and fiscal agent pursuant to s. 216.346 for the purpose of

13  administering the programs set forth in this subsection in

14  accordance with established policy and procedures. The

15  administrative entity working with the advisory council set up

16  under subsection (6) shall develop a list of mobile home parks

17  and counties that may be eligible to participate in the

18  tie-down program.

19         (4)(5)  Of moneys provided to the Department of

20  Community Affairs in paragraphs paragraph (2)(a) and (b), 10

21  percent shall be allocated to a Type I Center within the State

22  University System dedicated to hurricane research. The Type I

23  Center shall develop a preliminary work plan approved by the

24  advisory council set forth in subsection (5) (6) to eliminate

25  the state and local barriers to upgrading existing residences,

26  mobile homes, and communities;, research and develop a program

27  for the recycling of existing older mobile homes;, and support

28  programs of research and development relating to hurricane

29  loss reduction devices and techniques for site-built

30  residences. The State University System also shall consult

31  

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 1  with the Department of Community Affairs and assist the

 2  department with the report required under subsection (7) (8).

 3         (5)(6)  The Department of Community Affairs shall

 4  develop the programs set forth in this section in consultation

 5  with an advisory council consisting of a representative

 6  designated by the Chief Financial Officer, a representative

 7  designated by the Florida Home Builders Association, a

 8  representative designated by the Florida Insurance Council, a

 9  representative designated by the Federation of Manufactured

10  Home Owners, a representative designated by the Florida

11  Association of Counties, and a representative designated by

12  the Florida Manufactured Housing Association.

13         (6)(7)  Moneys provided to the Department of Community

14  Affairs under this section are intended to supplement other

15  funding sources of the Department of Community Affairs and may

16  not supplant other funding sources of the Department of

17  Community Affairs.

18         (7)(8)  On January 1st of each year, the Department of

19  Community Affairs shall provide a full report and accounting

20  of activities under this section and an evaluation of such

21  activities to the Speaker of the House of Representatives, the

22  President of the Senate, and the Majority and Minority Leaders

23  of the House of Representatives and the Senate.

24         (8)(9)  This section is repealed June 30, 2011.

25         Section 9.  Subsection (1) of section 408.40, Florida

26  Statutes, is amended to read:

27         408.40  Public Counsel.--

28         (1)  Notwithstanding any other provisions of this

29  chapter, the Public Counsel shall represent the public in any

30  proceeding before the agency or its advisory panels in any

31  administrative hearing conducted pursuant to chapter 120 or

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 1  before any other state and federal agencies and courts in any

 2  issue before the agency, any court, or any agency. With

 3  respect to any such proceeding, the Public Counsel is subject

 4  to the provisions of and may use the powers granted to him or

 5  her by ss. 11.402-11.406 ss. 350.061-350.0614.

 6         Section 10.  Paragraph (b) of subsection (3) of section

 7  624.319, Florida Statutes, is amended to read:

 8         624.319  Examination and investigation reports.--

 9         (3)

10         (b)  Workpapers and other information held by the

11  department or office, and workpapers and other information

12  received from another governmental entity or the National

13  Association of Insurance Commissioners, for the department's

14  or office's use in the performance of its examination or

15  investigation duties pursuant to this section and ss. 624.316,

16  624.3161, 624.317, and 624.318 are confidential and exempt

17  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

18  the State Constitution.  This exemption applies to workpapers

19  and other information held by the department or office before,

20  on, or after the effective date of this exemption. Such

21  confidential and exempt information may be disclosed to

22  another governmental entity, if disclosure is necessary for

23  the receiving entity to perform its duties and

24  responsibilities, and may be disclosed to the National

25  Association of Insurance Commissioners. The Public Counsel

26  shall have access to such confidential and exempt information

27  pertaining to residential property insurance at any time. The

28  receiving governmental entity or the association must maintain

29  the confidential and exempt status of the information.  The

30  information made confidential and exempt by this paragraph may

31  be used in a criminal, civil, or administrative proceeding so

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 1  long as the confidential and exempt status of such information

 2  is maintained. This paragraph is subject to the Open

 3  Government Sunset Review Act of 1995 in accordance with s.

 4  119.15 and shall stand repealed on October 2, 2007, unless

 5  reviewed and saved from repeal through reenactment by the

 6  Legislature.

 7         Section 11.  Subsection (2) of section 627.062, Florida

 8  Statutes, is amended to read:

 9         627.062  Rate standards.--

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

11         (a)  Insurers or rating organizations shall establish

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

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

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

15  schedules, rating manuals, premium credits or discount

16  schedules, and surcharge schedules, and changes thereto, shall

17  be filed with the office under one of the following

18  procedures:

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

20  proposed effective date. and The filing may is not be

21  implemented during the office's review of the filing and any

22  proceeding and judicial review., then Such filing is shall be

23  considered a "file and use" filing.  In such case, The office

24  shall finalize its review by issuance of a notice of intent to

25  approve or a notice of intent to disapprove within 90 days

26  after receipt of the filing. The notice of intent to approve

27  and the notice of intent to disapprove constitute agency

28  action for purposes of the Administrative Procedure Act.

29  Requests for supporting information, requests for mathematical

30  or mechanical corrections, or notification to the insurer by

31  the office of its preliminary findings shall not toll the

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 1  90-day period during any such proceedings and subsequent

 2  judicial review. The rate shall be deemed approved if the

 3  office does not issue a notice of intent to approve or a

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

 5  the filing.

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

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

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

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

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

11  potentially subject to an order by the office to return to

12  policyholders portions of rates found to be excessive, as

13  provided in paragraph (h).

14         (b)  Upon receiving a rate filing, the office shall

15  review the rate filing to determine if a rate is excessive,

16  inadequate, or unfairly discriminatory.  In making that

17  determination, the office shall, in accordance with generally

18  accepted and reasonable actuarial techniques, consider the

19  following factors:

20         1.  Past and prospective loss experience within and

21  without this state.

22         2.  Past and prospective expenses.

23         3.  The degree of competition among insurers for the

24  risk insured.

25         4.  Investment income reasonably expected by the

26  insurer, consistent with the insurer's investment practices,

27  from investable premiums anticipated in the filing, plus any

28  other expected income from currently invested assets

29  representing the amount expected on unearned premium reserves

30  and loss reserves.  The commission may adopt rules utilizing

31  reasonable techniques of actuarial science and economics to

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 1  specify the manner in which insurers shall calculate

 2  investment income attributable to such classes of insurance

 3  written in this state and the manner in which such investment

 4  income shall be used in the calculation of insurance rates.

 5  Such manner shall contemplate allowances for an underwriting

 6  profit factor and full consideration of investment income

 7  which produce a reasonable rate of return; however, investment

 8  income from invested surplus shall not be considered.

 9         5.  The reasonableness of the judgment reflected in the

10  filing.

11         6.  Dividends, savings, or unabsorbed premium deposits

12  allowed or returned to Florida policyholders, members, or

13  subscribers.

14         7.  The adequacy of loss reserves.

15         8.  The cost of reinsurance.

16         9.  Trend factors, including trends in actual losses

17  per insured unit for the insurer making the filing.

18         10.  Conflagration and catastrophe hazards, if

19  applicable.

20         11.  A reasonable margin for underwriting profit and

21  contingencies.

22         12.  The cost of medical services, if applicable.

23         13.  Other relevant factors which impact upon the

24  frequency or severity of claims or upon expenses.

25         (c)  In the case of fire insurance rates, consideration

26  shall be given to the availability of water supplies and the

27  experience of the fire insurance business during a period of

28  not less than the most recent 5-year period for which such

29  experience is available.

30         (d)  If conflagration or catastrophe hazards are given

31  consideration by an insurer in its rates or rating plan,

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 1  including surcharges and discounts, the insurer shall

 2  establish a reserve for that portion of the premium allocated

 3  to such hazard and shall maintain the premium in a catastrophe

 4  reserve.  Any removal of such premiums from the reserve for

 5  purposes other than paying claims associated with a

 6  catastrophe or purchasing reinsurance for catastrophes shall

 7  be subject to approval of the office.  Any ceding commission

 8  received by an insurer purchasing reinsurance for catastrophes

 9  shall be placed in the catastrophe reserve.

10         (e)  After consideration of the rate factors provided

11  in paragraphs (b), (c), and (d), a rate may be found by the

12  office to be excessive, inadequate, or unfairly discriminatory

13  based upon the following standards:

14         1.  Rates shall be deemed excessive if they are likely

15  to produce a profit from Florida business that is unreasonably

16  high in relation to the risk involved in the class of business

17  or if expenses are unreasonably high in relation to services

18  rendered.

19         2.  Rates shall be deemed excessive if, among other

20  things, the rate structure established by a stock insurance

21  company provides for replenishment of surpluses from premiums,

22  when the replenishment is attributable to investment losses.

23         3.  Rates shall be deemed inadequate if they are

24  clearly insufficient, together with the investment income

25  attributable to them, to sustain projected losses and expenses

26  in the class of business to which they apply.

27         4.  A rating plan, including discounts, credits, or

28  surcharges, shall be deemed unfairly discriminatory if it

29  fails to clearly and equitably reflect consideration of the

30  policyholder's participation in a risk management program

31  adopted pursuant to s. 627.0625.

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 1         5.  A rate shall be deemed inadequate as to the premium

 2  charged to a risk or group of risks if discounts or credits

 3  are allowed which exceed a reasonable reflection of expense

 4  savings and reasonably expected loss experience from the risk

 5  or group of risks.

 6         6.  A rate shall be deemed unfairly discriminatory as

 7  to a risk or group of risks if the application of premium

 8  discounts, credits, or surcharges among such risks does not

 9  bear a reasonable relationship to the expected loss and

10  expense experience among the various risks.

11         (f)  In reviewing a rate filing, the office may require

12  the insurer to provide at the insurer's expense all

13  information necessary to evaluate the condition of the company

14  and the reasonableness of the filing according to the criteria

15  enumerated in this section.

16         (g)  The office may at any time review a rate, rating

17  schedule, rating manual, or rate change; the pertinent records

18  of the insurer; and market conditions.  If the office finds on

19  a preliminary basis that a rate may be excessive, inadequate,

20  or unfairly discriminatory, the office shall initiate

21  proceedings to disapprove the rate and shall so notify the

22  insurer. However, the office may not disapprove as excessive

23  any rate for which it has given final approval or which has

24  been deemed approved for a period of 1 year after the

25  effective date of the filing unless the office finds that a

26  material misrepresentation or material error was made by the

27  insurer or was contained in the filing.  Upon being so

28  notified, the insurer or rating organization shall, within 60

29  days, file with the office all information which, in the

30  belief of the insurer or organization, proves the

31  reasonableness, adequacy, and fairness of the rate or rate

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 1  change.  The office shall issue a notice of intent to approve

 2  or a notice of intent to disapprove pursuant to the procedures

 3  of paragraph (a) within 90 days after receipt of the insurer's

 4  initial response.  In such instances and in any administrative

 5  proceeding relating to the legality of the rate, the insurer

 6  or rating organization shall carry the burden of proof by a

 7  preponderance of the evidence to show that the rate is not

 8  excessive, inadequate, or unfairly discriminatory.  After the

 9  office notifies an insurer that a rate may be excessive,

10  inadequate, or unfairly discriminatory, unless the office

11  withdraws the notification, the insurer shall not alter the

12  rate except to conform with the office's notice until the

13  earlier of 120 days after the date the notification was

14  provided or 180 days after the date of the implementation of

15  the rate.  The office may, subject to chapter 120, disapprove

16  without the 60-day notification any rate increase filed by an

17  insurer within the prohibited time period or during the time

18  that the legality of the increased rate is being contested.

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

20  rate change is excessive, inadequate, or unfairly

21  discriminatory, the office shall issue an order of disapproval

22  specifying that a new rate or rate schedule which responds to

23  the findings of the office be filed by the insurer. The office

24  shall further order, for any "use and file" filing made in

25  accordance with subparagraph (a)2., that premiums charged each

26  policyholder constituting the portion of the rate above that

27  which was actuarially justified be returned to such

28  policyholder in the form of a credit or refund. If the office

29  finds that an insurer's rate or rate change is inadequate, the

30  new rate or rate schedule filed with the office in response to

31  such a finding shall be applicable only to new or renewal

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 1  business of the insurer written on or after the effective date

 2  of the responsive filing.

 3         (i)  Except as otherwise specifically provided in this

 4  chapter, the office shall not prohibit any insurer, including

 5  any residual market plan or joint underwriting association,

 6  from paying acquisition costs based on the full amount of

 7  premium, as defined in s. 627.403, applicable to any policy,

 8  or prohibit any such insurer from including the full amount of

 9  acquisition costs in a rate filing.

10  

11  The provisions of This subsection does shall not apply to

12  workers' compensation and employer's liability insurance and

13  to motor vehicle insurance.

14         Section 12.  Effective upon this act becoming a law,

15  subsection (6) of section 627.062, Florida Statutes, is

16  amended to read:

17         627.062  Rate standards.--

18         (6)(a)  After any action with respect to a rate filing

19  that constitutes agency action for purposes of the

20  Administrative Procedure Act, except for a rate filing for

21  medical malpractice, an insurer may, in lieu of demanding a

22  hearing under s. 120.57, require arbitration of the rate

23  filing. Arbitration shall be conducted by a board of

24  arbitrators consisting of an arbitrator selected by the

25  office, an arbitrator selected by the insurer, and an

26  arbitrator selected jointly by the other two arbitrators. Each

27  arbitrator must be certified by the American Arbitration

28  Association. A decision is valid only upon the affirmative

29  vote of at least two of the arbitrators. No arbitrator may be

30  an employee of any insurance regulator or regulatory body or

31  of any insurer, regardless of whether or not the employing

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 1  insurer does business in this state. The office and the

 2  insurer must treat the decision of the arbitrators as the

 3  final approval of a rate filing. Costs of arbitration shall be

 4  paid by the insurer.

 5         (b)  Arbitration under this subsection shall be

 6  conducted pursuant to the procedures specified in ss.

 7  682.06-682.10. Either party may apply to the circuit court to

 8  vacate or modify the decision pursuant to s. 682.13 or s.

 9  682.14. The commission shall adopt rules for arbitration under

10  this subsection, which rules may not be inconsistent with the

11  arbitration rules of the American Arbitration Association as

12  of January 1, 1996.

13         (c)  Upon initiation of the arbitration process, the

14  insurer waives all rights to challenge the action of the

15  office under the Administrative Procedure Act or any other

16  provision of law; however, such rights are restored to the

17  insurer if the arbitrators fail to render a decision within 90

18  days after initiation of the arbitration process.

19         Section 13.  Section 627.0629, Florida Statutes, is

20  amended to read:

21         627.0629  Residential property insurance; rate filings;

22  underwriting rules.--

23         (1)  Effective June 1, 2002, a rate filing for

24  residential property insurance must include actuarially

25  reasonable discounts, credits, or other rate differentials, or

26  appropriate reductions in deductibles, for properties on which

27  fixtures or construction techniques demonstrated to reduce the

28  amount of loss in a windstorm have been installed or

29  implemented. The fixtures or construction techniques shall

30  include, but not be limited to, fixtures or construction

31  techniques which enhance roof strength, roof covering

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 1  performance, roof-to-wall strength,

 2  wall-to-floor-to-foundation strength, opening protection, and

 3  window, door, and skylight strength. Credits, discounts, or

 4  other rate differentials for fixtures and construction

 5  techniques which meet the minimum requirements of the Florida

 6  Building Code must be included in the rate filing. All

 7  insurance companies must make a rate filing which includes the

 8  credits, discounts, or other rate differentials by February

 9  28, 2003.

10         (2)(a)  A rate filing for residential property

11  insurance made on or before the implementation of paragraph

12  (b) may include rate factors that reflect the manner in which

13  building code enforcement in a particular jurisdiction

14  addresses the risk of wind damage; however, such a rate filing

15  must also provide for variations from such rate factors on an

16  individual basis based on an inspection of a particular

17  structure by a licensed home inspector, which inspection may

18  be at the cost of the insured.

19         (b)  A rate filing for residential property insurance

20  made more than 150 days after approval by the office of a

21  building code rating factor plan submitted by a statewide

22  rating organization shall include positive and negative rate

23  factors that reflect the manner in which building code

24  enforcement in a particular jurisdiction addresses risk of

25  wind damage. The rate filing shall include variations from

26  standard rate factors on an individual basis based on

27  inspection of a particular structure by a licensed home

28  inspector.  If an inspection is requested by the insured, the

29  insurer may require the insured to pay the reasonable cost of

30  the inspection.  This paragraph applies to structures

31  

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 1  constructed or renovated after the implementation of this

 2  paragraph.

 3         (c)  The premium notice shall specify the amount by

 4  which the rate has been adjusted as a result of this

 5  subsection and shall also specify the maximum possible

 6  positive and negative adjustments that are approved for use by

 7  the insurer under this subsection.

 8         (3)  A rate filing made on or after July 1, 1995, for

 9  mobile home owner's insurance must include appropriate

10  discounts, credits, or other rate differentials for mobile

11  homes constructed to comply with American Society of Civil

12  Engineers Standard ANSI/ASCE 7-88, adopted by the United

13  States Department of Housing and Urban Development on July 13,

14  1994, and that also comply with all applicable tie-down

15  requirements provided by state law.

16         (4)  The Legislature finds that separate consideration

17  and notice of hurricane insurance premiums will assist

18  consumers by providing greater assurance that hurricane

19  premiums are lawful and by providing more complete information

20  regarding the components of property insurance premiums.

21  Effective January 1, 1997, a rate filing for residential

22  property insurance shall be separated into two components,

23  rates for hurricane coverage and rates for all other

24  coverages. A premium notice reflecting a rate implemented on

25  the basis of such a filing shall separately indicate the

26  premium for hurricane coverage and the premium for all other

27  coverages.

28         (5)  In order to provide an appropriate transition

29  period, an insurer may, in its sole discretion, implement an

30  approved rate filing for residential property insurance over a

31  period of years. An insurer electing to phase in its rate

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 1  filing must provide an informational notice to the office

 2  setting out its schedule for implementation of the phased-in

 3  rate filing.

 4         (6)  An insurer may not write a residential property

 5  insurance policy without providing windstorm coverage or

 6  hurricane coverage as defined in s. 627.4025. This subsection

 7  does not apply with respect to risks located in an area

 8  eligible for coverage under the high-risk account of the

 9  Citizens Property Insurance Corporation pursuant to s.

10  627.351(6).

11         (7)  Any rate filing that is based in whole or part on

12  data from a computer model may not exceed 15 percent unless

13  there is a public hearing.

14         (8)  An insurer may implement appropriate discounts or

15  other rate differentials of up to 10 percent of the annual

16  premium to mobile home owners who provide to the insurer

17  evidence of a current inspection of tie-downs for the mobile

18  home, certifying that the tie-downs have been properly

19  installed and are in good condition.

20         (9)  EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL

21  SOUNDNESS.--

22         (a)  It is the intent of the Legislature to provide a

23  program whereby homeowners may obtain an evaluation of the

24  wind resistance of their homes with respect to preventing

25  damage from hurricanes, together with a recommendation of

26  reasonable steps that may be taken to upgrade their homes to

27  better withstand hurricane force winds.

28         (b)  To the extent that funds are provided for this

29  purpose in the General Appropriations Act, the Legislature

30  hereby authorizes the establishment of a program to be

31  

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 1  administered by the Citizens Property Insurance Corporation

 2  for homeowners insured in the high-risk account.

 3         (c)  The program shall provide grants to homeowners,

 4  for the purpose of providing homeowner applicants with funds

 5  to conduct an evaluation of the integrity of their homes with

 6  respect to withstanding hurricane force winds, recommendations

 7  to retrofit the homes to better withstand damage from such

 8  winds, and the estimated cost to make the recommended

 9  retrofits.

10         (d)  The Department of Community Affairs shall

11  establish by rule standards to govern the quality of the

12  evaluation, the quality of the recommendations for

13  retrofitting, the eligibility of the persons conducting the

14  evaluation, and the selection of applicants under the program.

15  In establishing the rule, the Department of Community Affairs

16  shall consult with the advisory committee to minimize the

17  possibility of fraud or abuse in the evaluation and

18  retrofitting process, and to ensure that funds spent by

19  homeowners acting on the recommendations achieve positive

20  results.

21         (e)  The Citizens Property Insurance Corporation shall

22  identify areas of this state with the greatest wind risk to

23  residential properties and recommend annually to the

24  Department of Community Affairs priority target areas for such

25  evaluations and inclusion with the associated residential

26  construction mitigation program.

27         (10)  A property insurance rate filing that includes

28  any adjustments related to premiums paid to the Florida

29  Hurricane Catastrophe Fund must include a complete calculation

30  of the insurer's catastrophe load, and the information in the

31  

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 1  filing may not be limited solely to recovery of moneys paid to

 2  the fund.

 3         (11)  The underwriting rules for homeowners' insurance

 4  not contained in rating manuals shall be filed with the

 5  office. All underwriting rules for homeowners' insurance must

 6  be approved by the office and be reasonable and comply with

 7  applicable provisions of law. The filing and form-approval

 8  provisions under s. 627.410 apply to the filing and approval

 9  of underwriting rules for homeowners' insurance.

10         Section 14.  Subsections (1), (11), and (13) of section

11  627.0651, Florida Statutes, are amended to read:

12         627.0651  Making and use of rates for motor vehicle

13  insurance.--

14         (1)  Insurers shall establish and use rates, rating

15  schedules, or rating manuals to allow the insurer a reasonable

16  rate of return on motor vehicle insurance written in this

17  state.  A copy of rates, rating schedules, and rating manuals,

18  and changes therein, shall be filed with the office under one

19  of the following procedures:

20         (a)  If the filing is made at least 60 days before the

21  proposed effective date. and The filing may is not be

22  implemented during the office's review of the filing and any

23  proceeding and judicial review., Such filing is shall be

24  considered a "file and use" filing.  In such case, the office

25  shall initiate proceedings to disapprove the rate and so

26  notify the insurer or shall finalize its review within 60 days

27  after receipt of the filing. Notification to the insurer by

28  the office of its preliminary findings shall toll the 60-day

29  period during any such proceedings and subsequent judicial

30  review.  The rate shall be deemed approved if the office does

31  

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 1  not issue notice to the insurer of its preliminary findings

 2  within 60 days after the filing.

 3         (b)  If the filing is not made in accordance with the

 4  provisions of paragraph (a), such filing shall be made as soon

 5  as practicable, but no later than 30 days after the effective

 6  date, and shall be considered a "use and file" filing.  An

 7  insurer making a "use and file" filing is potentially subject

 8  to an order by the office to return to policyholders portions

 9  of rates found to be excessive, as provided in subsection

10  (11).

11         (11)  If In the event the office finds that a rate or

12  rate change is excessive, inadequate, or unfairly

13  discriminatory, the office shall issue an order of disapproval

14  specifying that a new rate or rate schedule which responds to

15  the findings of the office be filed by the insurer. The office

16  shall further order for any "use and file" filing made in

17  accordance with paragraph (1)(b), that premiums charged each

18  policyholder constituting the portion of the rate above that

19  which was actuarially justified be returned to such

20  policyholder in the form of a credit or refund. If the office

21  finds that an insurer's rate or rate change is inadequate, the

22  new rate or rate schedule filed with the office in response to

23  such a finding shall be applicable only to new or renewal

24  business of the insurer written on or after the effective date

25  of the responsive filing.

26         (13)(a)  Underwriting rules not contained in rating

27  manuals shall be filed for private passenger automobile

28  insurance and homeowners' insurance.

29         (b)  The submission of rates, rating schedules, and

30  rating manuals to the office by a licensed rating organization

31  of which an insurer is a member or subscriber will be

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 1  sufficient compliance with this subsection for any insurer

 2  maintaining membership or subscribership in such organization,

 3  to the extent that the insurer uses the rates, rating

 4  schedules, and rating manuals of such organization.  All such

 5  information shall be available for public inspection, upon

 6  receipt by the office, during usual business hours.

 7         Section 15.  Paragraph (e) of subsection (5) of section

 8  627.311, Florida Statutes, is amended to read:

 9         627.311  Joint underwriters and joint reinsurers;

10  public records and public meetings exemptions.--

11         (5)

12         (e)  The plan shall establish and use its rates and

13  rating plans, and the plan may establish and use changes in

14  rating plans at any time, but no more frequently than two

15  times per any rating class for any calendar year. By December

16  1, 1993, and December 1 of each year thereafter, except as

17  provided in subparagraph (c)22., the board shall establish and

18  use actuarially sound rates for use by the plan to assure that

19  the plan is self-funding while those rates are in effect. Such

20  rates and rating plans must be filed with the office as

21  provided in s. 627.062(2)(a) within 30 calendar days after

22  their effective dates, and shall be considered a "use and

23  file" filing. Any disapproval by the office must have an

24  effective date that is at least 60 days from the date of

25  disapproval of the rates and rating plan and must have

26  prospective effect only. The plan may not be subject to any

27  order by the office to return to policyholders any portion of

28  the rates disapproved by the office. The office may not

29  disapprove any rates or rating plans unless it demonstrates

30  that such rates and rating plans are excessive, inadequate, or

31  unfairly discriminatory.

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 1         Section 16.  Paragraph (a) of subsection (2) of section

 2  627.4025, Florida Statutes, is amended to read:

 3         627.4025  Residential coverage and hurricane coverage

 4  defined.--

 5         (2)  As used in policies providing residential

 6  coverage:

 7         (a)  "Hurricane coverage" is coverage for loss or

 8  damage caused by the peril of windstorm during a hurricane.

 9  The term includes ensuing damage to the interior of a

10  building, or to property inside a building, caused by rain,

11  snow, sleet, hail, sand, or dust if the direct force of the

12  windstorm first damages the building, causing an opening

13  through which rain, snow, sleet, hail, sand, or dust enters

14  and causes damage. The term also includes coverage for damage

15  to the interior of a building, or to property inside a

16  building, which is caused by wind-driven water entering the

17  building during a hurricane.

18         Section 17.  Effective upon this act becoming a law,

19  subsection (7) is added to section 627.4133, Florida Statutes,

20  to read:

21         627.4133  Notice of cancellation, nonrenewal, or

22  renewal premium.--

23         (7)  An insurer may not cancel or nonrenew a

24  residential property insurance policy for any reason other

25  than a fraudulent act by the policyholder with respect to that

26  or any other policy, for a policyholder who has been

27  continuously insured with that insurer or with an insurer

28  within the same insurance group for 3 years or longer.

29         Section 18.  Subsection (1) of section 627.4145,

30  Florida Statutes, is amended to read:

31         627.4145  Readable language in insurance policies.--

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 1         (1)  Every policy shall be readable as required by this

 2  section. For the purposes of this section, the term "policy"

 3  means a policy form or endorsement.  A policy is deemed

 4  readable if:

 5         (a)  The text achieves a minimum score of 50 45 on the

 6  Flesch reading ease test as computed in subsection (5) or an

 7  equivalent score on any other test comparable in result and

 8  approved by the office;

 9         (b)  It uses layout and spacing which separate the

10  paragraphs from each other and from the border of the paper;

11         (c)  It has section titles that are captioned in

12  boldfaced type or that otherwise stand out significantly from

13  the text;

14         (d)  It avoids the use of unnecessarily long,

15  complicated, or obscure words, sentences, paragraphs, or

16  constructions;

17         (e)  The style, arrangement, and overall appearance of

18  the policy give no undue prominence to any portion of the text

19  of the policy or to any endorsements or riders; and

20         (f)  It contains a table of contents or an index of the

21  principal sections of the policy, if the policy has more than

22  3,000 words or more than three pages.

23         Section 19.  Section 627.41494, Florida Statutes, is

24  created to read:

25         627.41494  Consumer participation in rate review.--

26         (1)  Upon the filing of a proposed rate change for

27  residential property insurance by an insurer under s. 627.062,

28  which filing would, pursuant to standards determined by the

29  office, result in an average statewide increase of 10 percent

30  or more as compared to the rates in effect at that time or the

31  rates in effect 12 months prior to the proposed effective

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 1  date, the insurer shall mail notice of such filing to each of

 2  its policyholders or members.

 3         (2)  The rate filing shall be available for public

 4  inspection. If any policyholder or member requests the office

 5  within 30 days after the mailing of such notification pursuant

 6  to subsection (1) to hold a hearing, the office shall hold a

 7  hearing within 30 days after such request. Any consumer

 8  advocacy group or the Public Counsel under chapter 11 may

 9  participate in such hearing, and the commission may adopt

10  rules governing such participation.

11         (3)  For purposes of this section, the term "consumer

12  advocacy group" means an organization with a membership of at

13  least 1,000 individuals, the purpose of which is to represent

14  the best interests of the public in matters relating, but not

15  limited, to insurance rate filings before the office. The

16  consumer advocacy group may:

17         (a)  Appear in any proceeding or action before the

18  department or office or appear in any proceeding before the

19  Division of Administrative Hearings relating to rate filings

20  subject to subsection (1).

21         (b)  Have access to and use of all files, records, and

22  data of the office relating to such rate filings.

23         (c)  Examine such rate and form filings submitted to

24  the office.

25         (d)  Recommend to the office any position deemed by the

26  group to be in the best interest of the public in matters

27  relating to such rate filings.

28  

29  This subsection does not limit the rights of a consumer

30  advocacy group to have access to records of the office as

31  otherwise available pursuant to law.

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 1         (4)  The office shall order the insurer to pay the

 2  reasonable costs of the consumer advocacy group if the office

 3  determines that the consumer advocacy group made a relevant

 4  and substantial contribution to the final order on the rate

 5  filing. In determining the reasonable costs the insurer shall

 6  pay the consumer advocacy group, the office shall consider,

 7  among other things, the time, labor, fees, and expenses

 8  incurred by the advocacy group.

 9         Section 20.  Effective upon this act becoming a law,

10  subsection (3) of section 627.701, Florida Statutes, is

11  amended to read:

12         627.701  Liability of insureds; coinsurance;

13  deductibles.--

14         (3)(a)  A policy of residential property insurance

15  shall include a deductible amount applicable to hurricane

16  losses no lower than $500 and no higher than 5 2 percent of

17  the policy dwelling limits with respect to personal lines

18  residential risks, and no higher than 3 percent of the policy

19  limits with respect to commercial lines residential risks;

20  however, if a risk was covered on August 24, 1992, under a

21  policy having a higher deductible than the deductibles allowed

22  by this paragraph, a policy covering such risk may include a

23  deductible no higher than the deductible in effect on August

24  24, 1992. Notwithstanding the other provisions of this

25  paragraph, a personal lines residential policy covering a risk

26  valued at $50,000 or less may include a deductible amount

27  attributable to hurricane losses no lower than $250, and a

28  personal lines residential policy covering a risk valued at

29  $100,000 or more may include a deductible amount attributable

30  to hurricane losses no higher than 10 percent of the policy

31  limits unless subject to a higher deductible on August 24,

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    Florida Senate - 2006                                   SB 780
    30-348B-06




 1  1992; however, no maximum deductible is required with respect

 2  to a personal lines residential policy covering a risk valued

 3  at more than $500,000. An insurer may require a higher

 4  deductible, provided such deductible is the same as or similar

 5  to a deductible program lawfully in effect on June 14, 1995.

 6  In addition to the deductible amounts authorized by this

 7  paragraph, an insurer may also offer policies with a copayment

 8  provision under which, after exhaustion of the deductible, the

 9  policyholder is responsible for 10 percent of the next $10,000

10  of insured hurricane losses.

11         (b)1.  Except as otherwise provided in this paragraph,

12  prior to issuing a personal lines residential property

13  insurance policy on or after March January 1, 2006, or prior

14  to the first renewal of a residential property insurance

15  policy on or after March January 1, 2006, the insurer must

16  offer alternative deductible amounts applicable to hurricane

17  losses equal to $500, 1 percent, 2 percent, 5 percent, and 10

18  percent of the policy dwelling limits, but it need not offer a

19  deductible expressed as a percentage when that unless the

20  specific percentage deductible is less than $500. The written

21  notice of the offer shall specify the hurricane or wind

22  deductible to be applied in the event that the applicant or

23  policyholder fails to affirmatively choose a hurricane

24  deductible. The insurer must provide such policyholder with

25  notice of the availability of the deductible amounts specified

26  in this paragraph in a form approved by the office in

27  conjunction with each renewal of the policy. The failure to

28  provide such notice constitutes a violation of this code but

29  does not affect the coverage provided under the policy.

30         2.  This paragraph does not apply with respect to a

31  deductible program lawfully in effect on June 14, 1995, or to

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    Florida Senate - 2006                                   SB 780
    30-348B-06




 1  any similar deductible program, if the deductible program

 2  requires a minimum deductible amount of no less than 1 2

 3  percent of the policy limits.

 4         3.  With respect to a policy covering a risk with

 5  dwelling limits of at least $100,000, but less than $250,000,

 6  the insurer may, in lieu of offering a policy with a $500

 7  hurricane or wind deductible as required by subparagraph 1.,

 8  offer a policy that the insurer guarantees it will not

 9  nonrenew for reasons of reducing hurricane loss for one

10  renewal period and that contains up to a 2 percent hurricane

11  or wind deductible as required by subparagraph 1.

12         3. 4.  With respect to a policy covering a risk with

13  dwelling limits of $250,000 or more, the insurer need not

14  offer the $500 hurricane deductible as required by

15  subparagraph 1., but must, except as otherwise provided in

16  this subsection, offer the other hurricane deductibles as

17  required by subparagraph 1.

18         Section 21.  Section 627.70105, Florida Statutes, is

19  created to read:

20         627.70105  Hurricane coverage; additional

21  requirement.--Each insurance contract providing hurricane

22  coverage must include a provision that, if insured residential

23  property becomes uninhabitable due to damage from a hurricane

24  and the insurer is liable for living expenses of the insured

25  while the covered property remains uninhabitable, initial

26  living expense payments must be delivered to the insured no

27  later than 48 hours after a claim therefor is made with the

28  insurer.

29         Section 22.  The sum of $50 million is appropriated for

30  fiscal year 2006-2007 on a nonrecurring basis from the General

31  Revenue Fund to the Department of Community Affairs in the

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    Florida Senate - 2006                                   SB 780
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 1  special appropriation category "Residential Hurricane

 2  Mitigation Low-Interest Loan Program" for low-interest loans

 3  to qualified owners of residences and qualified owners of

 4  mobile homes to finance efforts to improve the wind resistance

 5  of residences to prevent or reduce losses or reduce the cost

 6  of rebuilding after a disaster with a requirement of repayment

 7  by the owner, as provided in section 7. These funds shall be

 8  subject to the release provisions of chapter 216, Florida

 9  Statutes. Up to 0.5 percent of this appropriation may be used

10  by the department for administration of the loan program.

11         Section 23.  Except as otherwise expressly provided in

12  this act, this act shall take effect July 1, 2006.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Authorizes the Public Counsel to represent the general
      public before the Office of Insurance Regulation and
17    prescribes the Public Counsel's access to certain
      records. Provides an additional breakdown for the
18    distribution of Hurricane Loss Mitigation Fund moneys
      between programs relating to mobile homes and programs
19    relating to residences and creates a program of
      low-interest loans to further the purposes of the fund.
20    Deletes provisions relating to arbitration of rate
      filings. Includes coverage for damage from wind-driven
21    water in the definition of "hurricane coverage."
      Prohibits cancellation or nonrenewal of residential
22    property insurance by an insurer who has insured the
      property for 3 years or longer for any reason except a
23    fraudulent act by the policyholder. Providing for notice
      to policyholders of rate increases that exceed a
24    threshold amount. Provides for participation by consumer
      advocacy groups, as defined, in the ratemaking process.
25    Revises guidelines relating to deductibles. Requires the
      Office of Insurance Regulation to approve underwriting
26    rules for homeowners' insurance not contained in rating
      manuals. Requires timely payment of living expenses
27    necessitated by uninhabitability of damaged residential
      property. Provides an appropriation to the Department of
28    Community Affairs for a residential hurricane mitigation
      low-interest loan program and deletes a low-interest loan
29    program for retrofitting homes and mobile homes for
      hurricane damage mitigation. Abolishes "use and file"
30    rate filings.

31  

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